H.P. 1913 - L.D. 2659
Resolve, Regarding Legislative Review of Portions of Sections 61, 62, 63, 68 and 73 of 10-49, Chapter 5, Bureau of Elder and Adult Services Policy Manual, a Major Substantive Rule of the Department of Human Services
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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. Adoption. Resolved: That final adoption of Portions of Sections 61, 62, 63, 68 and 73 of 10-49, Chapter 5, Bureau of Elder and Adult Services Policy Manual, a provisionally adopted major substantive rule of the Department of Human Services, that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized if the Department of Human Services amends the rules as follows:
1. With regard to adult day services, Alzheimer's respite, congregate housing services and the homemaker program in sections 61, 62, 63, 68 and 73, a requirement is added that consumers who may qualify for a waiver be informed of the right to apply for a waiver; and
2. With regard to in-home and community support services and personal care assistance for severely physically disabled adults, reference to determination of the dependent allowance in agreement with the method used in the Medicaid program is added in sections 63.09(C) and 73.07(C).
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 14, 2000.
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