Whereas, this resolve requires rules to take effect before the expiration of the 90-period; 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

Sec. 1. Rule amendment regarding consumers with chronic conditions that change. Resolved: That the Department of Human Services shall review and amend its rules regarding eligibility for nursing facility services to allow for increased eligibility for consumers of long-term care services who have chronic conditions that change enough to qualify and disqualify them for services on a cyclical basis. These rules must provide that a consumer who has lost medical eligibility for long-term care services at least twice while receiving covered services in the facility during the past 9 months and who moves 3 times within the same 9-month period is eligible for continued nursing facility services. Rules adopted pursuant to this section must take effect September 1, 2001. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

SUMMARY

The purpose of this resolve is to protect consumers whose chronic medical conditions temporarily improve, thereby causing them to lose eligibility for nursing facility level care. This resolve directs the Department of Human Services to amend its rules to ensure that consumers may retain eligibility for nursing facility level care if they have moved 3 times in a 9-month period and have also lost such eligibility at least twice within that same time period.