An Act To Make Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded Major Substantive Rules Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies: and Whereas, the Department of Human Services is currently considering revisions to the principles of reimbursement for intermediate care facilities for persons with mental retardation; and Whereas, changes to the principles of reimbursement for intermediate care facilities for persons with mental retardation may have significant implications for the home and community-based services waiver program for persons with mental retardation and for the quality of life for citizens of the State with mental retardation; 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 Page l-LR2256(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1681
Committee Amendment CA_A_S434 (Senate)
Amends: 22 MRSA §3187

COMMITTEE AMENDMENT "tJ", to S.P. 613, L.D. 1681, Bill, "An 
Act To Encourage Financia{ ~fficienCy of Facilities for Persons 
with Mental Retardation" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Make Principles of Reimbursement for Intermediate Care 
Facilities for the Mentally Retarded Major Substantive Rules' 
Further amend the bill by striking out everything after the 
title and before the 
summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, the 
Department 
of 
Human 
Services 
is 
currently 
considering revisions to the principles of 
reimbursement 
for 
intermediate care facilities for persons with mental retardation; 
and 
Whereas, changes 
to 
the principles of 
reimbursement 
for 
intermediate care facilities for persons with mental retardation 
may 
have 
significant 
implications 
for 
the 
home 
and 
community-based services waiver program for persons with mental 
retardation and for the quality of life for citizens of the State 
with mental retardation; 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 
Page l-LR2256(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to S.P. 613, L.D. 1681 
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. 22 MRSA §3187, as amended by PL 1995, c. 462, Pt. A, 
§43, is further amended to read: 
§3187. 
Principles of reimbursement; rules 
The 
department 
shall 
meet 
annually 
with 
providers 
of 
eaffiffiQBi~Y-Basea community-based intermediate care facilities for 
the 
mentally 
retarded 
to 
review 
current 
principles 
of 
reimbursement under the federal Social Security Act, Title XIX, 
United States Code, eaapt:e!' Chapter 7, and discuss necessary 
and appropriate changes. 
Principles 
of 
reimbursement 
established 
for 
intermediate 
care facilities 
for 
the mentally retarded saall--assQ!'e ~ 
ensure maximum flexibility enabling facilities to shift variable 
cost 
funds 
within 
accounts 
established 
pursuant 
to 
the 
principles. 
These principles saall mgy not set any artificial 
limits on specific variable cost accounts as long as facility 
totals are met. 
Rules regarding principles of reimbursement for intermediate 
care facilities for the mentally retarded adopted pursuant to 
section 3173 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This 
amendment 
replaces 
the bill 
and 
is 
the 
majority 
report. 
The amendment designates rules regarding principles of 
reimbursement for intermediate care facilities for persons with 
mental retardation as major substantive rules. 
FISCAL .\OTE RE(.HIHt:1J 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/27/04 ::tvac:.. 
Office of Fiscal and Program Review 
LD 1681 
An Act To Encourage Financial Efficiency of Facilities for Persons" 
Mental Retardation 
LR 2256(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium cost increase - General Fund 
Any additional administrative costs to the Department of Human Services can be absorbed by the department utili; 
existing budgetary resources. Any additional program costs or lost "savings" resulting from delays in rulemaking 
currently in progress or assumed in current budget assumptions cannot be determined at this time. 
LR2256(2) - Fiscal Note - Page 1 of 1