(4) Rules adopted pursuant to this subsection paragraph are major substantive rules as defined by Title 5, chapter 375, subchapter II-A.

Sec. 2. Rulemaking. The Department of Human Services shall adopt rules to provide a supplemental payment to nursing facilities for the purpose of addressing the problem of recruitment and retention of nonadministrative staff. The rules must provide for a supplemental payment based on the facility's 1997 actual Medicaid allowable direct care reimbursement, excluding any savings element. The percentage increase will be determined based on the funds appropriated for this purpose. Nursing facilities must use this payment to address what they consider to be their greatest staffing needs, with priority given to staff who provide hands-on care to residents. The department shall adopt a tracking mechanism to provide information on staffing and wage levels and the uses of the supplemental payments. The rule must provide for the recoupment at audit of any funds not used to address costs of nonadministrative staff. The payments provided for under this Act must be made with funds appropriated in the supplemental budget for fiscal year 1999-00. Rules adopted pursuant to this Act are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter II- A.

Sec. 3. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

1999-00

HUMAN SERVICES, DEPARTMENT OF

Nursing Facilities

All Other $1,200,000

Provides funds for the state share of a one- time supplemental payment to nursing facilities for the purpose of addressing the problem of recruitment and retention of nonadministrative staff.

Sec. 4. Allocation. The following funds are allocated from the Federal Expenditures Fund to carry out the purposes of this Act.