Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §42, sub-§8 is enacted to read:

8.__Adoption of rules with retroactive application.__The department is authorized to adopt rules that have a retroactive application for a period not to exceed 8 calendar quarters prior to the date of issuance of the rule in accordance with the provisions of this subsection.

A.__The Bureau of Medical Services is authorized to adopt rules that have retroactive application when necessary to maximize available federal revenue sources, specifically regarding the federal Medicaid program, or to conform to the state Medicaid plan as filed with the Federal Government.__ The Bureau of Family Independence is authorized to adopt rules in the MaineCare, Temporary Assistance for Needy Families and food stamp programs that have retroactive application to comply with federal requirements or to conform to the state Medicaid plan as filed with the Federal Government.

B.__With respect to any services that MaineCare providers have rendered prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may

not reduce or otherwise negatively affect the reimbursement or other payments that those providers are entitled to receive under the previously applicable rules.__The reimbursement or other payments under the amended rules must be equal to or greater than the reimbursement under the rules previously in effect.

C.__For any benefits or services in the MaineCare, Temporary Assistance for Needy Families or food stamp programs that beneficiaries have received prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments, benefits or services that those beneficiaries are entitled to have covered or paid under the previously applicable rules.__The reimbursement or other payments, benefits or services under the amended rules must be equal to or greater than under the rules previously in effect.

D.__This subsection does not give the department the authority to adopt retroactively any rule that has an