CHAPTER 648
S.P. 674 - L.D. 1757
An Act Regarding Continuing Improvements in the MaineCare Program
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, authorization for the Department of Health and Human Services to adopt rules with retroactive application was enacted in 2003 with an automatic repeal date of July 1, 2006; and
Whereas, the automatic repeal of the statutory authorization for retroactive rules will expire on July 1, 2006 unless action is taken immediately to repeal the automatic repeal clause; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §42, sub-§8, ¶B, as enacted by PL 2003, c. 612, §1, is amended to read:
B. With respect to any services that MaineCare providers have rendered prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments that those providers are entitled to receive under the previously applicable rules. The reimbursement or other payments under the amended rules must be equal to or greater than the reimbursement under the rules previously in effect. The rules may retroactively increase provider reimbursement on an emergency basis if needed to ensure that MaineCare members have access to covered medically necessary services.
Sec. 2. 22 MRSA §42, sub-§8, ¶F, as enacted by PL 2003, c. 612, §1, is repealed.
Sec. 3. Continuing improvements in MaineCare program. The MaineCare Advisory Committee, established pursuant to the MaineCare Benefits Manual, chapter I, section 1.23, shall review the report of the Blue Ribbon Commission on the Future of MaineCare with the goal of identifying initiatives for the continuing improvement of the MaineCare program in order to preserve the long-term capability of the State to provide high quality health care services to MaineCare beneficiaries. The MaineCare Advisory Committee shall also review and monitor changes in the federal Medicaid program and implementation of the provisions of the federal Deficit Reduction Act of 2005, Public Law 109-171.
Sec. 4. Report. The MaineCare Advisory Committee shall report to the Joint Standing Committee on Health and Human Services the results of its review under section 3 and any recommendations the committee has for legislation or rulemaking by the Department of Health and Human Services in an initial report by September 1, 2006 and a final report by January 1, 2007. The report must identify strategies that ensure the sustainability of the MaineCare program while protecting the health and welfare of MaineCare beneficiaries and the viability of Maine's health care provider safety net.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 30, 2006.
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