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RESOLVES
Second Special Session of the 121st

CHAPTER 109
H.P. 987 - L.D. 1341

Resolve, Directing the Department of Human Services To Adopt Rules To Reduce Regulatory Burdens on Home Health Agencies while Maintaining Budget Neutrality

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, immediate relief from regulatory burdens will produce fiscal savings for home health agencies and the Department of Human Services; 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. Adopt rules. Resolved: That by July 1, 2004 the Department of Human Services shall amend the rules regarding medical assessment for long-term care services reimbursed under the MaineCare program as they pertain to assessments for home health care services under Rule Chapter 101, the MaineCare Benefits Mannual, Ch. II - Section 40 of the department's rules. The amended rules may move the initial period prior to an assessment from no less than 60 days to no more than 120 days. Any resulting rule must be cost neutral to the home health program under Rule Chapter 101, the MaineCare Benefits Manual, Ch. II - Section 40 of the department's rules within the MaineCare program. By April 1, 2005, the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the experience of the department and the home health agencies under the 120-day period prior to initial assessment and the fiscal implications for the MaineCare program. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

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

Effective March 10, 2004.

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