Sec. A-1. 2 MRSA §6, sub-§1, as amended by PL 2003, c. 608, §1 and c. 689, Pt. C, §1, is repealed and the following enacted in its place:
1. Range 91. The salaries of the following state officials and employees are within salary range 91:
Commissioner of Transportation;
Commissioner of Conservation;
Commissioner of Administrative and Financial Services;
Commissioner of Education;
Commissioner of Environmental Protection;
Executive Director of Dirigo Health;
Commissioner of Public Safety;
Commissioner of Professional and Financial Regulation;
Commissioner of Labor;
Commissioner of Agriculture, Food and Rural Resources;
Commissioner of Inland Fisheries and Wildlife;
Commissioner of Marine Resources;
Commissioner of Corrections;
Commissioner of Economic and Community Development;
Commissioner of Defense, Veterans and Emergency Management; and
Executive Director, Workers' Compensation Board.
Sec. A-2. 2 MRSA §6, sub-§3, as amended by PL 2005, c. 12, Pt. SS, §2, is further amended to read:
3. Range 89. The salaries of the following state officials and employees are within salary range 89:
Director, Bureau of General Services;
Director, Bureau of Alcoholic Beverages and Lottery Operations;
State Budget Officer;
State Controller;
Director of the Bureau of Forestry;
Chief of the State Police;
Director, State Planning Office;
Director, Energy Resources Office;
Director of Human Resources;
Director, Bureau of Children with Special Needs;
Commissioner of Defense, Veterans and Emergency Management;
Director, Bureau of Parks and Lands; and
Director of Econometric Research.
Sec. A-3. 5 MRSA §1589, sub-§3, as amended by PL 1995, c. 368, Pt. HH, §3 and c. 464, §10, is repealed and the following enacted in its place:
3. Total quality management initiatives. Amounts appropriated or allocated to each departmentwide and statewide account in accordance with subsection 2 must be used for the payment of nonrecurring expenditures representing total quality management initiatives in the same department or agency or on a statewide basis, respectively.
Sec. A-4. 5 MRSA §1589, sub-§3-A, as repealed by PL 1995, c. 368, Pt. HH, §4 and amended by c. 464, §11, is repealed.
Sec. A-5. 5 MRSA §1589, sub-§3-C, as repealed by PL 1995, c. 368, Pt. HH, §4 and amended by c. 464, §12, is repealed.
Sec. A-6. 5 MRSA §1660-D, sub-§3, as corrected by RR 1995, c. 2, §5 and amended by PL 2001, c. 354, §3, is further amended to read:
3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services and the Commissioner of Behavioral and Developmental Services, who share joint has responsibility for the administration of this chapter.
Sec. A-7. 5 MRSA §19131, sub-§2, ¶C, as enacted by PL 1999, c. 785, §3, is amended to read:
C. The Commissioner of Health and Human Services;
Sec. A-8. 5 MRSA §19131, sub-§2, ¶D, as amended by PL 2003, c. 576, §1, is repealed.
Sec. A-9. 12 MRSA §12661, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
3. Removal of abandoned ice fishing shacks. Notwithstanding the provisions of Title 33, chapter 41, a landowner on whose property an ice fishing shack is left in violation of Title 17, section 2264 2263-A may remove or destroy the shack. The landowner may recover any costs of removing or destroying the shack from the owner of the shack in a civil action.
Sec. A-10. 14 MRSA §1256, as amended by PL 1979, c. 57, §6, is further amended to read:
If for any reason a grand jury or a traverse jury is dismissed before completing its work, the clerk of courts shall proceed to draw and notify new jurors in accordance with section 1255 1255-A.
Sec. A-11. 17 MRSA §2802, as corrected by RR 2003, c. 2, §24, is amended to read:
§2802. Miscellaneous nuisances
The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture that, by noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or of the public; causing or permitting abandoned wells or tin mining shafts to remain unfilled or uncovered to the injury or prejudice of others; causing or suffering any offal, filth or noisome substance to collect or to remain in any place to the prejudice of others; obstructing or impeding, without legal authority, the passage of any navigable river, harbor or collection of water; corrupting or rendering unwholesome or impure the water of a river, stream, pond or aquifer; imprudent operation of a watercraft as defined in Title 12, section 13068 13068-A, subsection 8; unlawfully diverting the water of a river, stream, pond or aquifer from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. Any places where one or more old, discarded, worn-out or junked motor vehicles as defined in Title 29-A, section 101, subsection 42, or parts thereof, are gathered together, kept, deposited or allowed to accumulate, in such manner or in such location or situation either within or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, are public nuisances.
Sec. A-12. 18-A MRSA §5-601, sub-§(b), as amended by PL 1995, c. 560, Pt. K, §4 and affected by §83 and amended by PL 2001, c. 354, §3, is further amended to read:
(b) The Department of Behavioral and Developmental Health and Human Services shall act as the public guardian or conservator for persons with mental retardation and the Department of Human Services shall act as the public guardian or conservator for other incapacitated persons in need of protective services.
Sec. A-13. 18-A MRSA §5-613, sub-§(1), as amended by PL 1995, c. 560, Pt. K, §6 and affected by §83; amended by PL 2001, c. 354, §3; and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
(1) When the following occur, the costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, if the person involved is mentally retarded, and the costs may, in all other cases, be paid by the Department of Health and Human Services, within the limits of the department's budget:
(a) An allegedly incapacitated person is in need of protective services and:
(1) A guardian ad litem is appointed under the provisions of this Code; or
(2) A court incurs special costs in a proceeding concerning such a person; and
(b) Appointment of a public guardian or conservator is sought or the allegedly incapacitated person, within 3 months prior to the filing of the petition:
(1) Is or has been a client of the Department of Behavioral and Developmental Health and Human Services; or
(2) Is or has been a client of the Department of Human Services; or
(3) Has received services from a worker from the Department of Behavioral and Developmental Health and Human Services or the Department of Human Services.
Sec. A-14. 19-A MRSA §4013, sub-§1, ¶A, as amended by PL 2001, c. 240, §2 and c. 354, §3, is further amended to read:
A. The Governor shall name the chair from among the following members:
(1) Two members, appointed by the Governor, who are representatives of the statewide coalition of domestic violence projects;
(1-A) Two members, appointed by the Governor, who are representatives of the statewide coalition of sexual assault centers;
(2) One member, appointed by the Governor, who is a representative of the mental health profession;
(3) One member, appointed by the Governor, who is a representative of victims of domestic violence;
(3-A) One member, appointed by the Governor, who is a representative of victims of sexual assault;
(4) Two members, appointed by the Governor, one of whom has experience representing victims of domestic abuse, who are attorneys with experience in domestic relations cases;
(5) One member, appointed by the Governor, who was a victim of domestic abuse and used the court system;
(5-A) One member, appointed by the Governor, who was a victim of sexual assault and used the court system;
(6) One member, appointed by the Governor, who is a district attorney or assistant district attorney;
(7) One member, appointed by the Governor, who is chief of a municipal police department;
(8) One member, appointed by the Governor, who is a county sheriff;
(8-A) One member, appointed by the Governor, who is the statewide coordinator of a statewide coalition to end domestic violence;
(8-B) One member, appointed by the Governor, who is the executive director of a statewide coalition against sexual assault;
(8-C) The Attorney General or the Attorney General's designee;
(8-D) The Chief of the Maine State Police or the chief's designee;
(9) The Commissioner of Public Safety or the commissioner's designee;
(9-A) The Commissioner of Health and Human Services or the commissioner's designee;
(9-B) The Commissioner of Behavioral and Developmental Services or the commissioner's designee;
(9-C) The Commissioner of Education or the commissioner's designee;
(9-D) The Commissioner of Labor or the commissioner's designee;
(9-E) The Commissioner of Corrections or the commissioner's designee;
(9-F) One member, appointed by the Governor, who has experience working in batterers' intervention programs; and
(10) Up to 8 members-at-large, appointed by the Governor.
Sec. A-15. 20-A MRSA §5152, sub-§3, ¶H, as enacted by PL 1985, c. 774, §5, is amended to read:
H. Department of Health and Human Services;
Sec. A-16. 20-A MRSA §5152, sub-§3, ¶I, as enacted by PL 1985, c. 774, §5; amended by PL 1995, c. 560, Pt. K, §82 and affected by §83; and amended by PL 2001, c. 354, §3, is repealed.
Sec. A-17. 20-A MRSA §12302, sub-§3, ¶¶A and B, as enacted by PL 1999, c. 401, Pt. NN, §2 and affected by §4 and enacted by PL 1999, c. 496, §2, are repealed and the following enacted in their place:
A. Applicants under subsection 1, paragraph A who meet eligibility criteria established by rule of the authority, which at a minimum must require:
(1) That the student be a Maine resident;
(2) That the student be enrolled in a dental school; and
(3) That priority be given to a student:
(a) Who previously received a loan pursuant to this section;
(b) Who exhibits financial need; and
(c) Who demonstrates an interest in serving an underserved population area; and
B. Applicants under subsection 1, paragraph B who meet eligibility criteria established by rule of the authority, which at a minimum must require:
(1) That the applicant be eligible for licensure to practice dental medicine in Maine;
(2) That the applicant have outstanding dental education loans; and
(3) That the applicant be willing to serve an underserved population area.
Sec. A-18. 22 MRSA §6-A, last ¶, as corrected by RR 1995, c. 2, §39 and amended by PL 2001, c. 354, §3, is repealed.
Sec. A-19. 22 MRSA §6-C, as amended by PL 1999, c. 401, Pt. L, §1 and affected by §2 and amended by PL 2001, c. 354, §3, is repealed and the following enacted in its place:
§6-C. Community Services Center
1. Establishment. The Community Services Center, referred to in this section as "the service center," is established as an agency within the department to provide auditing, licensing and contracting services to the department. Auditing, contracting and licensing services include, but are not limited to, program audits, performance-based contracting, federal grant management, licensing, complaint investigations and other functions as may be determined by the commissioner, except that administrative hearing functions may not be transferred to the service center. The service center's purpose is to provide a single point of access for purchasing and coordinating administration of contracted community services and to coordinate licensing and auditing visits for social service providers in a cost-effective manner to the department. The service center is under the authority and direction of the commissioner or the commissioner's designee. The commissioner shall employ a director of the service center, who is subject to the Civil Service Law.
2. Transfer of property. The commissioner shall approve the transfer of property and equipment as needed for the operation of the service center.
3. Contracting function. The Division of Contracted Community Services of the service center shall provide technical assistance to the bureaus of the department in procuring, distributing and monitoring all state and federal funds. The bureaus of the department retain responsibility for policy direction and decision-making authority regarding funding and services.
5. Licensing function. The department retains responsibility for policy direction and decision-making authority regarding licensing decisions concerning facilities providing mental health, mental retardation or substance abuse services.
Sec. A-20. 22 MRSA §3174-R, as amended by PL 2003, c. 510, Pt. A, §17 and c. 611, §2, is repealed and the following enacted in its place:
§3174-R. Medicaid drug rebate program
The department shall enter into a drug rebate agreement with each manufacturer of prescription drugs under the Medicaid program, in accordance with the federal Social Security Act, Section 1927, as long as the agreements are consistent with state and federal law and result in a net increase in rebate revenue available to the Maine Medicaid Program. Individual rebate agreements may vary.
Sec. A-21. 22 MRSA §3472, sub-§4, as amended by PL 2003, c. 653, §2, is further amended to read:
4. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present or, in the case of adults with mental retardation, the Commissioner of Behavioral and Developmental Services or a designated representative in the geographical area in which the person resides or is present.
Sec. A-22. 22 MRSA §3472, sub-§5, as amended by PL 2003, c. 653, §2, is repealed.
Sec. A-23. 22 MRSA §3762, sub-§2, ¶C, as enacted by PL 1997, c. 530, Pt. A, §16 and amended by PL 2001, c. 354, §3, is repealed.
Sec. A-24. 22 MRSA §7924, sub-§1, as corrected by RR 2003, c. 2, §82, is amended to read:
1. Alleged violations reported and investigated. Any person who believes that any of those rules governing the licensure of long-term care facilities or the operation of assisted living programs and services authorized pursuant to section 7853 adopted by the Department of Health and Human Services department pertaining to residents' rights and conduct of resident care has been violated may report the alleged violation to the protection and advocacy agency designated pursuant to Title 5, section 19501; the long-term care ombudsman pursuant to section 5106, subsection 11-C and section 5107-A; the Office of Advocacy pursuant to Title 34-A, section 1203; and any other agency or person whom the Commissioner of Health and Human Services commissioner may designate.
Sec. A-25. 22 MRSA §7924, sub-§2, as enacted by PL 1981, c. 445 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
2. Professionals to report. Any professional who provides health care, social services or mental health services or who administers a long-term care facility or program and who knows of or has reasonable cause to suspect that there has been a violation of any of those regulations promulgated rules adopted by the Department of Health and Human Services department governing the licensure of long-term care facilities pertaining to residents' rights or conduct of resident care shall immediately report or cause a report to be made to an agency or person referred to in subsection 1.
Sec. A-26. 22 MRSA §7924, sub-§3, as corrected by RR 1995, c. 2, §45 and amended by PL 2001, c. 354, §3, is further amended to read:
3. Written report of findings. Any agency or person investigating a situation pursuant to subsection 1 or 2 shall submit a written report of the findings and results of the investigation to the administrator of the long-term care facility in which the residents' rights allegedly have been violated; and to the Commissioner of Human Services; and, if the resident is mentally ill or mentally retarded or has a related condition, to the Commissioner of Behavioral and Developmental Services commissioner.
Sec. A-27. 22 MRSA §7933, sub-§2, as amended by PL 1997, c. 610, §2 and PL 2001, c. 354, §3, is further amended to read:
2. Who may bring action. The commissioner or acting commissioner may bring an action in Superior Court requesting the appointment of a receiver. In an action brought regarding a private psychiatric hospital, prior to or at the time of bringing the action, the commissioner shall consult and work collaboratively with the Commissioner of Behavioral and Developmental Services.
Sec. A-28. 22 MRSA §8104, sub-§1, as corrected by RR 1995, c. 2, §46 and amended by PL 2001, c. 354, §3, is further amended to read:
1. Interagency licensing method. The Commissioner of Education, the Commissioner of Human Services and the Commissioner of Behavioral and Developmental Health and Human Services, or their designees, shall jointly establish a method for interagency licensing of residential child care facilities subject wholly or partly to licensing by at least 2 both of the departments. The method must provide for the following:
A. Development of common licensing rules;
B. Periodic review of licensing rules;
C. Delegation of departmental responsibilities; and
D. Determination of licensing fees.
Sec. A-29. 30-A MRSA §401, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is amended to read:
1. Sheriff's duties. The sheriff shall act as the chief county law enforcement officer and is responsible for administering and directing the sheriff's department as authorized by the county budget. The sheriff shall inform the county commissioners of sheriff's department activities on a regular basis and shall meet with the commissioners as required under subsection 3.
Sec. A-30. 30-A MRSA §3821, sub-§3, as amended by PL 1995, c. 88, §1, is further amended to read:
3. Availability for inspection. Both the register and the record must be kept for 2 years and be available at all reasonable times to the inspection of any lawful agent of the licensing authority or any full-time law enforcement officer as defined in Title 25, section 2805 2801-A, subsection 4. The guest register may be "kept," within the meaning of this section, when reproduced on any photographic, microfilm or other process that reproduces the original record.
Sec. A-31. 30-A MRSA §4314, sub-§3, ¶E, as amended by PL 2003, c. 595, §1 and c. 614, §4, is repealed and the following enacted in its place:
E. The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted in accordance with the procedures, goals and guidelines established in this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months immediately following adoption of the comprehensive plan or plan amendment;
Sec. A-32. 30-A MRSA §4349-A, sub-§3, as amended by PL 2003, c. 641, §17, is repealed.
Sec. A-33. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 30-A, section 4349-A, subsection 3, takes effect July 1, 2005.
Sec. A-34. 31 MRSA §526, sub-§20, as amended by PL 2003, c. 631, §47 and c. 673, Pt. WWW, §21 and affected by §37, is repealed and the following enacted in its place:
20. Certificate of conversion. Certificate of conversion of a limited partnership to another type of business entity as provided by section 418, a fee in the amount of $145; and
Sec. A-35. Retroactivity. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 31, section 526, subsection 20 applies retroactively to August 1, 2004.
Sec. A-36. 31 MRSA §751, sub-§25, as amended by PL 2003, c. 631, §62 and c. 673, Pt. WWW, §29 and affected by §37, is repealed and the following enacted in its place:
25. Certificate of conversion. Certificate of conversion of a limited liability company to another type of business entity as provided by section 746, a fee of $145; and
Sec. A-37. Retroactivity. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 31, section 751, subsection 25 applies retroactively to August 1, 2004.
Sec. A-38. 31 MRSA §871, sub-§18, as amended by PL 2003, c. 631, §75 and c. 673, Pt. XXX, §8 and affected by §10, is repealed and the following enacted in its place:
18. Annual report. For filing of an annual report under section 873, a fee of $85;
Sec. A-39. Retroactivity. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 31, section 871, subsection 18 applies retroactively to January 1, 2005.
Sec. A-40. 32 MRSA §94, as amended by PL 1995, c. 488, §4, is further amended to read:
The operations and conduct of Maine Emergency Medical Services must be reviewed in accordance with the Maine Sunset Act, Title 3, chapter 35, no later than June 30, 2003.
Sec. A-41. 34-A MRSA §9881, sub-§4, as enacted by PL 2003, c. 495, §1, is repealed.
Sec. A-42. 34-B MRSA §1201-A, last ¶, as enacted by PL 1991, c. 781, Pt. D, §2 and affected by §4, is repealed.
Sec. A-43. 34-B MRSA §1205, sub-§1, as amended by PL 1995, c. 560, Pt. K, §18, is further amended to read:
1. Establishment. The Office of Advocacy is established within the Office of Advocacy and Consumer Affairs of the department solely to investigate the claims and grievances of clients of the department, to investigate with the Department of Human Services, as appropriate, all allegations of adult and child abuse in state institutions and to advocate on behalf of clients for compliance by any institution, other facility or agency administered, licensed or funded by the department with all laws, administrative rules and institutional and other policies relating to the rights and dignity of clients.
Sec. A-44. 34-B MRSA §1205, sub-§3, ¶E, as repealed and replaced by PL 1989, c. 7, Pt. N, §3, is amended to read:
E. Act as an information source regarding the rights of all clients, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of the clients and about relevant legal decisions and other developments related to the field of mental health and mental retardation, both in this State and in other parts of the country; and
Sec. A-45. 34-B MRSA §1205, sub-§3, ¶F, as enacted by PL 1989, c. 7, Pt. N, §3, is amended to read:
F. Make and publish reports necessary to the performance of the duties described in this section. The chief advocate may report findings of the office to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press, and may authorize the advocates in the Office of Advocacy to so communicate. At least annually, the chief advocate shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over mental health and mental retardation; and.
Sec. A-46. 34-B MRSA §1205, sub-§3, ¶G, as enacted by PL 1989, c. 7, Pt. N, §3, is repealed.
Sec. A-47. 34-B MRSA §1207, sub-§1, ¶B, as amended by PL 1995, c. 691, §4 and PL 2001, c. 354, §3, is further amended to read:
B. Information may be disclosed if necessary to carry out any of the statutory functions of the department, the hospitalization provisions of chapter 3, subchapter IV 4, the purposes of sections 3607 and 3608, the purposes of Title 22, section 3554, or the purposes of United States Public Law 99-319, dealing with the investigatory function of the independent agency designated with advocacy and investigatory functions under United States Public Law 88-164, Title I, Part C or United States Public Law 99-319, or the purposes of Title 18-A, section 5-601, subsection (b), when the Department of Human Services is requested by the Department of Behavioral and Developmental Services to act as public guardian or public conservator;
Sec. A-48. 34-B MRSA §1207, sub-§1, ¶B-1, as amended by PL 1991, c. 250, is repealed.
Sec. A-49. 36 MRSA §2903-D, sub-§2, ¶B, as enacted by PL 2001, c. 693, §7 and affected by §11, is amended to read:
B. The Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands, established under described in Title 12, section 7824 1893, subsection 3, receives 85.07% of that amount.
Sec. A-50. PL 2003, c. 20, Pt. FFF, §1, sub-§1, as amended by PL 2003, c. 507, Pt. A, §1 and affected by §3 and amended by c. 673, Pt. K, §2, is repealed and the following enacted in its place:
1. The Commissioner of Administrative and Financial Services, referred to in this section as "the commissioner," and any insurance company or 3rd-party administrator, referred to in this section as "the carrier," insuring or administering the state employee health plan, referred to in this section as "the plan," shall jointly negotiate agreements with hospitals participating in the carrier's provider network to reduce the expense incurred by the plan in state fiscal year 2003-04 by the amount of at least $18,020,851. In undertaking such negotiations the carrier must be deemed at all times to be the agent of the State. The commissioner and the carrier acting at the direction of the commissioner may offer or negotiate such terms and conditions as the commissioner considers to be in the best interest of the State to reduce the expense of the state employee health plan, including, but not limited to, offering or negotiating reductions in standard hospital reimbursement rates, rebates and refunds and uniform terms relating to such reductions, rebates or refunds. The commissioner may not affect or seek to affect amounts paid to hospitals relating to any other customer of the carrier.
Sec. A-51. PL 2003, c. 414, Pt. B, §26 is repealed and the following enacted in its place:
Sec. B-26. 14 MRSA §3142, sub-§1, ¶C, as amended by PL 2001, c. 471, Pt. A, §20, is further amended to read:
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077 10902, subsection 1-C 3;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077 10902, subsection 1-C 3; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605.
Sec. A-52. Effective date. That section of this Act that repeals and replaces Public Law 2003, chapter 414, Part B, section 26 takes effect August 31, 2004.
Sec. A-53. PL 2003, c. 451, Pt. Z, §1, sub-§1, as amended by PL 2003, c. 507, Pt. A, §2 and affected by §3 and amended by c. 673, Pt. K, §1, is repealed and the following enacted in its place:
1. The Chancellor of the University of Maine System, referred to in this section as "the chancellor," and any insurance company or 3rd-party administrator acting at the direction of the State, referred to in this section as "the carrier," insuring or administering the University of Maine System health plan for employees and retirees, referred to in this section as "the plan," shall negotiate agreements with hospitals participating in the carrier's provider network to reduce the expense incurred by the plan in state fiscal year 2003-04 by the amount of $2,250,000. It is not the intent of the Legislature to require negotiations to reduce such expenses beyond state fiscal year 2004. In undertaking such negotiations, the carrier is deemed at all times to be the agent of the State of Maine and the University of Maine System. The chancellor and the carrier, acting at the direction of the State, may offer or negotiate such terms and conditions as the chancellor considers to be in the best interest of the university to reduce the expense of the plan, including, but not limited to, offering or negotiating reductions in standard hospital reimbursement rates, rebates and refunds and uniform terms relating to such reductions, rebates or refunds. The chancellor may not affect or seek to affect amounts paid to hospitals relating to any other customer of the carrier. The hospital discount rate resulting from this specific arrangement is not intended to affect the underlying premium rates for any purpose. This pooling of funds by the State is not intended to affect plan cost recoveries, plan cost structures or the university's ability to negotiate with carriers regarding the plan.
Sec. A-54. Retroactivity. That section of this Act that repeals and replaces Public Law 2003, chapter 451, Part Z, section 1, subsection 1 applies retroactively to June 12, 2003.
Sec. A-55. RR 2003, c. 1, §10 is amended to read:
Sec. 10. Effective date. That section of this report that corrects the Maine Revised Statutes, Title 12, section 13056, subsection 2, paragraph G takes effect 90 days after the adjournment of the Second Regular Session of the 121st Legislature August 31, 2004.
Sec. A-56. Retroactivity. That section of this Act that amends Revisor's Report 2003, chapter 1, section 10, applies retroactively to April 30, 2004.
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