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. Certificate of need; MaineCare. The following provisions apply with regard to a certificate of need application filed on January 22, 2002 by the Maine Veterans' Homes to renovate an existing 120-bed nursing facility at Augusta.

1. The Department of Human Services may not reimburse through the MaineCare program the Maine Veterans' Homes for any short-term or long-term costs associated directly or indirectly with the renovations detailed in the certificate of need application filed.

2. The provisions of the Maine Revised Statutes, Title 22, section 334 that require an appropriation for the express purpose of meeting the costs of a nursing facility project for which a certificate of need has been filed do not apply to the certificate of need application.

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

SUMMARY

The purpose of this bill is to eliminate the receipt by the Maine Veterans' Homes of any reimbursement from the MaineCare Program for the costs of effecting life safety and other renovations to the existing 120-bed Maine Veterans' Homes nursing facility in Augusta in connection with a certificate of need application dated January 14, 2002 and filed by the Maine Veterans' Homes with the Department of Human Services on January 22, 2002. Because the bill precludes the Maine Veterans' Homes from receiving any MaineCare reimbursement for the cost of such renovations, the bill eliminates the need for the Legislature to appropriate funds to meet the costs of such renovations pursuant to the Maine Revised Statutes, Title 22, section 334 and allows the Department of Human Services to act on the certificate of need application, without appropriations first having been made for such renovations under Title 22, section 334. The bill also