An Act To Encourage Financial Efficiency of Facilities for Persons with Mental Retardation
Maine Legislature, Session 121, LD 1681
Committee: Health and Human Services
Sponsors: DAGGETf, DUDLEY, BROMLEY, ADAMS, PINGREE, SIMPSON, SUSLOVIC
Amends: 22 MRSA §3187

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1681 
S.P.613 
In Senate, December 17, 2003 
An Act To Encourage Financial Efficiency of Facilities for Persons 
with Mental Retardation 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
Presented by President DAGGETf of Kennebec. 
Cosponsored by Representative DUDLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BROMLEY of Cumberland, Representatives: ADAMS of Portland, PINGREE of 
North Haven, SIMPSON of Auburn, SUSLOVIC of Portland. 
Printed on recycled paper 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, in July 2003, 
the Department of 
Human Services 
amended the principles of reimbursement for intermediate care 
facilities for persons with mental retardation to eliminate the 
incentive bonus payments awarded to facilities operating in an 
efficient and economical manner; and 
Whereas, the 
immediate 
enactment of this legislation is 
necessary to reinstate the incentive bonus payments to ensure the 
continued 
operation 
of 
efficient 
and 
economically 
run 
intermediate care facilities for persons 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 
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. I. 22 MRSA §3187.A is enacted to read: 
§3187-A. 
Intermediate care facility efficiency incentive 
An 
intermediate 
care 
facility 
for 
persons 
with 
mental 
retardation that limits its variable costs during the fiscal year 
to less than the amounts paid through the variable cost component 
of the final prospective rate is entitled to retain an incentive 
payment equal to 75% of the savings represented by the difference 
between the department's appropriate share of the intermediate 
care facility's allowable expenses and the amount paid by the 
department. 
The amount of the incentive payment is determined upon final 
audit and is calculated in the determination of any overpayments 
made by the department. 
Emergency clause. 
In view of the emergency cited ln the 
preamble, this Act takes effect when approved. 
SUMMARY 
In July 2003, the Department of Human Services amended the 
principles of reimbursement for intermediate care facilities for 
persons with mental retardation to eliminate the provisions that 
permitted operators 
of 
intermediate 
care 
facilities 
for 
the 
mentally retarded to retain 
75~o of the savings achieved by an 
economically and efficiently run facility. 
The bill establishes 
that provision as law.