Whereas, on January 22, 2002, the Maine Veterans' Homes filed with the Department of Human Services a certificate of need application dated January 14, 2002 seeking approval for the proposed renovations to the nursing facility; and

Whereas, the Department of Human Services has not yet acted on the certificate of need application; and

Whereas, the Maine Certificate of Need Act of 2002 states "A nursing facility project that proposes renovation, replacement or other actions that will increase Medicaid [MaineCare] costs may be approved only if appropriations have been made by the Legislature expressly for the purpose of meeting those costs"; and

Whereas, the Maine Veterans' Homes does not wish the proposed renovations to its Augusta nursing facility to increase MaineCare costs to the State and, accordingly, wishes to forego the receipt of any reimbursement from the State for the costs of those renovations; 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. 37-B MRSA §610, as amended by PL 1997, c. 395, Pt. P, §4, is further amended by adding a new paragraph at the end to read:

The provisions of this section pertaining to the Department of Human Services' reimbursement of long-term care facilities for depreciation of assets created with federal or state grants do not apply to renovations undertaken by the Maine Veterans' Homes 120-bed Augusta nursing facility in accordance with a certificate of need application filed January 22, 2002.__ The Department of Human Services shall amend its rules regarding reimbursement of long-term care facilities accordingly.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.