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persons with mental retardation or autism, their guardians, family | | members and allies in its creation. |
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| | | 4. General Fund account; Medicaid match; mental retardation. | | The commissioner shall establish a General Fund account to | | provide the General Fund match for mental retardation Medicaid | | eligible services. Any unencumbered balances of General Fund | | appropriations remaining at the end of each fiscal year must be | | carried forward to be used for the same purposes. |
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| | | 5. Medicaid savings. Intermediate care facilities for | | persons with mental retardation and providers of freestanding day | | habilitation programs shall submit payment to the department | | equal to 50% of any Medicaid savings due the State pursuant to | | the principles of reimbursement, as established under Title 22, | | sections 3186 and 3187, that are reported in any unaudited cost | | report for fiscal years ending June 30, 1995 and thereafter. | | Payment is due with the cost report. After audit, any amount | | submitted in excess of savings allocated to the facility or | | provider pursuant to the principles of reimbursement must be | | returned to the facility or provider. Notwithstanding | | requirements or conditions contained in the principles of | | reimbursement, any amount due the State after final audit in | | excess of savings paid on submission of a cost report must be | | paid to the State within 90 days following receipt of the | | department's final audit report. |
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| | | Sec. 10. 34-B MRSA §5003-A is enacted to read: |
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| | | 1.__Rulemaking.__Adoption, amendment and repeal of rules under | | this section are governed as follows. |
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| | | A.__The department shall adopt, and may amend or repeal, | | routine technical rules governing the administration of this | | chapter in accordance with Title 5, chapter 375, subchapter | | II-A. |
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| | | B.__Except in cases requiring emergency rulemaking, the | | department shall hold a public hearing before adopting, | | amending or repealing the rules, and shall give notice of | | the public hearing in accordance with Title 5, chapter 375. |
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| | | Sec. 11. 34-B MRSA §5004, as enacted by PL 1993, c. 687, §9 and as | | amended by PL 1995, c. 560, Pt. K, §82 and affected by §83, is | | further amended to read: |
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| | | §5004. Sexual activity with recipient of services prohibited |
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