Whereas, current law is resulting in undue hardship to residents of rural communities in this State by requiring them to travel excessive distances in order to receive residential care; and

Whereas, prompt development of community-based, long-term resources is necessary for the safety and comfort of the elderly and disabled population of this State; and

Whereas, in circumstances in which residents would have no access to residential care services, either because they live in a rural area where no residential care facility exists or they currently live in a nursing facility and their health improves to the extent that they require only residential care services and the nearest residential care facility is located more than 25 miles from a nursing facility, this Act enables them to receive residential care services without undertaking a major geographic relocation; 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 §303, sub-§12-C is enacted to read:

12-C.__Nursing facility flex bed.__"Nursing facility flex bed" means any bed defined under section 1812-I.

Sec. 2. 22 MRSA §304-A, sub-§8-A, as enacted by PL 1997, c. 689, Pt. B, §10 and affected by Pt. C, §2, is amended to read:

8-A. Nursing facilities. The obligation by a nursing facility, when related to nursing services provided by the nursing facility, of any capital expenditures of $500,000 or more, as adjusted pursuant to section 305-A.

A certificate of need is not required for a nursing facility to convert beds used for the provision of nursing services to beds to be used for the provision of residential care services. If such a conversion occurs, public funds are not obligated for payment of services provided in the converted beds; and.