CHAPTER 612
H.P. 1270 - L.D. 1748
An Act To Amend the Rule-making Authority of the Department of Human Services to Ensure Cost-effective Operation of State Medical Services Programs and Compliance with Federal Requirements
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State of Maine needs to ensure that all legislatively mandated deappropriations are implemented to the fullest extent possible and that all possible revenue sources are used to the maximum extent possible; and
Whereas, if such actions are not taken it may be necessary to implement new service or reimbursement reductions; and
Whereas, the State must comply with federal mandates in the operation of various programs in which the Federal Government provides matching funds, including Medicaid, TANF and food stamps; and
Whereas, the State may not have an opportunity to adopt rules complying with federal requirements until after those requirements are in effect; and
Whereas, the State must conform its Medicaid rules to the state plan filed with the Federal Government; 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 is enacted to read:
8. Adoption of rules with retroactive application. The department is authorized to adopt rules that have a retroactive application for a period not to exceed 8 calendar quarters prior to the date of issuance of the rule in accordance with the provisions of this subsection.
A. The Bureau of Medical Services is authorized to adopt rules that have retroactive application when necessary to maximize available federal revenue sources, specifically regarding the federal Medicaid program, or to conform to the state Medicaid plan as filed with the Federal Government. The Bureau of Family Independence is authorized to adopt rules in the MaineCare, Temporary Assistance for Needy Families and food stamp programs that have retroactive application to comply with federal requirements or to conform to the state Medicaid plan as filed with the Federal Government.
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.
C. For any benefits or services in the MaineCare, Temporary Assistance for Needy Families or food stamp programs that beneficiaries have received 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, benefits or services that those beneficiaries are entitled to have covered or paid under the previously applicable rules. The reimbursement or other payments, benefits or services under the amended rules must be equal to or greater than under the rules previously in effect.
D. This subsection does not give the department the authority to adopt retroactively any rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or food stamp recipient or the beneficiary or recipient of any other program administered by the department. Specific statutory authority is required for adoption of a retroactive rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or food stamp recipient or the beneficiary or recipient of any other program administered by the department.
E. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; except that, if the underlying statutory rule-making authority for a rule or set of rules specifies that rules adopted pursuant to that authority are major substantive rules, then the related rule or rules adopted under this subsection are major substantive rules.
F. This subsection is repealed July 1, 2006.
Sec. 2. Report. By January 15, 2005 and January 15, 2006, the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on implementation of this Act and the fiscal impact of implementation on the MaineCare and General Fund budgets and any MaineCare providers, members or beneficiaries or beneficiaries or recipients of other programs administered by the department.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 9, 2004.
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