An Act To Require Review by the Joint Standing Committee on Appropriations and Financial Affairs of Transfers of MaineCare Funds

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the 90-day period may not terminate until after the close of the current fiscal year; and

Whereas,  certain obligations and expenses incident to the MaineCare program will become due and payable immediately; 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,

Sec. 1. PL 2007, c. 240, Pt. X, §2  is repealed.

Sec. 2. PL 2007, c. 240, Pt. X, §3,  as amended by PL 2007, c. 539, Pt. AA, §1, is repealed.

Sec. 3. PL 2007, c. 240, Pt. X, §4  is repealed.

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

summary

This bill eliminates authority granted to the Department of Health and Human Services for the 2008-2009 biennium to transfer funds between MaineCare programs by financial order without approval of the Joint Standing Committee on Appropriations and Financial Affairs. With the elimination of this authority, such transfers would be subject to the provisions of the Maine Revised Statutes, Title 5, section 1585 for the remainder of the current biennium, as they would for future biennia because the authority was only granted for the current biennium.