An Act to Make Supplemental Appropriations and Allocations for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary for the Proper Operations of State Government for the Fiscal Years Ending June 30, 2004 and June 30, 2005 LR2700(33)
Maine Legislature, Session 121, LD 1828
Committee Amendment CA_A-HA_L_H661 (House)
Amends: 22 MRSA §2681, 22 MRSA §3175-C

HOUSE 
AMENDMENT ",-" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1351, 
L.D. 
1828, 
Bill, 
"An 
Act 
To 
Make 
Supplemental 
Appropriations 
and Allocations 
for 
the Expenditures of State 
Government and To Change Certain Provisions of the Law Necessary 
for the Proper Operations of State Government for the Fiscal 
Years Ending June 30, 2004 and June 30, 2005" 
Amend the amendment in Part A in section 1 on page 22 in 
line 13 by striking out the following: 
"discontinuing coverage" 
and inserting in its place the following: 
'requiring prior 
authorization' 
Further amend the amendment in Part G by inserting before 
section 1 the following: 
'Sec. G-l. 22 MRSA §2681, sub-§2, 1[B, as amended by PL 2003, 
c. 494, §4, is further amended to read: 
B. 
"Initial discounted price" for a drug means 
~he-F£-i€e 
~ae-.Qe.par~ment.-~-Mai:aeGa!!'e the amount that participating 
retail pharmacies 
:Ee!!'--t-hat--el'-~-.f"-E>-£--Ma-i-aeC~-e--fRefR.ee!i's may 
charge qualified residents participating in the program for 
that 
drug, 
as 
established 
by 
the 
department 
through 
ru1emaking. 
Sec. G-2. Department of Human Services; emergency rulemaking. 
Notwithstanding any other provision of law, the Commissioner of 
Human Services is authorized to adopt rules to implement the 
provisions of the Maine Revised Statutes, Title 22, section 2681, 
subsection 2, paragraph B and those rules are emergency rules in 
accordance with Title 5, section 8054.' 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1828 
" /..-" to COMMITTEE 
AMENDMENT "A" to H.P. 1351, 
Further amend the amendment in Part G in section 1 in the 
last line (page 44, line 5 in amendment) by inserting after the 
following: 
"benefit." the following: 
'Rules adopted pursuant to 
this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A.' 
Further amend the amendment in Part G by striking out all of 
section 2. 
Further amend the amendment by striking out all of Part H. 
Further amend the amendment in Part I in section 1 in that 
part designated "§2892." in the last line (page 45, line 26 in 
amendment) 
by 
inserting 
after 
the 
following: 
"~" the 
following: 
'Delinquent tax payments are subject to Title 22, 
section 3175-C.' 
Further amend the amendment by striking out all of Part z. 
Further amend the amendment by inserting after Part CC the 
following: 
'PARTDD 
Sec. DD-l. 
Appropriations and allocations. 
appropriations and allocations are made. 
The 
following 
OFFICE OF PROGRAM EVALUATION AND GOVERNMENT ACCOUNTABILITY 
Office of Program Evaluation and Government Accountability 
Initiative: 
Deallocates 
funds 
allocated in Public Law 
2003, 
chapter 490, section C-l. 
Highway Fund 
All Other 
Highway Fund Total 
PARTEE 
2003-04 
$0 
$0 
2004-05 
($75,000) 
($75,000) 
Sec. EE-l. 22 MRSA §3175-C, as enacted by PL 2001, c. 714, 
Pt. NN, §1, is amended to read: 
§3l75-C. Delinquent hospital taxes to be withheld from Medicaid 
payments 
When the commissioner receives written notice from the State 
Tax Assessor that a hospital is delinquent by more than 30 days 
in making a health care provider tax payment required by Title 
HOUSE AMENDMENT 
? ~\ cz,. 
HOUSE AMENDMENT 
L.D. 1828 
,,~, to COMMITTEE 
AMENDMENT "A" to H. P. 1351, 
36, section 2883 or chapter 377, the commissioner shall, upon 10 
days' written notice, withhold the outstanding amount of tax, 
together with any applicable interest and penalties, from the 
hospital's 
Medicaid 
payments. 
All 
amounts 
withheld 
by 
the 
commissioner pursuant to this section are deemed to be health 
care 
provider 
tax 
payments 
by 
the 
hospital 
and 
must 
be 
transferred wi thin 30 days to the State Tax Assessor, who shall 
apply the amount in question to the hospital's tax account.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by 
or 
relettering or renumbering 
section 
number 
to 
read 
SUMMARY 
This amendment does the following: 
1. 
It 
deallocation 
Medical Care 
clarify that 
authorization 
amends language regarding the deappropriation and 
of funds 
from the Department of Human Services, 
-
Payments to Providers, General Fund account to 
the savings are 
from 
the requirement of prior 
for certain elective surgeries; 
2. 
It amends the definition of "initial discounted price" 
in the Maine Rx Plus Program to mean the amount, as set by the 
Department 
of 
Human 
Services 
through 
rulemaking, 
that 
participating 
pharmacies 
may 
charge 
qualified 
residents 
participating in the Maine Rx Plus program for a drug. 
It also 
requires 
the 
Department 
of 
Human 
Services 
to 
do 
emergency 
rulemaking to establish the amount; 
3. 
It strikes Part H, which amends language regarding the 
principles of reimbursement established for intermediate care 
facilities 
for 
the 
mentally 
retarded. 
It 
also 
eliminates 
prov~s~ons 
concerning 
rate-setting 
requirements 
for 
fee-for-service or grant-in-aid programs that serve individuals 
with mental retardation; 
4. 
It strikes Part Z, which requires that, beginning July 
1, 
2004, 
MaineCare reimbursement 
and access 
to services are 
subject to the rules, policies, principles and guidelines that 
were in effect on January 15, 2004 and requires that changes on 
or after July 1, 
2004 be done in accordance with the major 
substantive rule-making procedures; 
5. 
It also allocates 
$75,000 
to the 
Highway 
Fund 
and 
deappropriates$75,000 from the Office of Program Evaluation and 
Government Accountability; and 
HOUSE AMENDMENT 
~.~fO. 
HOUSE 
AMENDMENT 
.. l--.. to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 1828 
1351, 
6. 
It 
gives 
the 
Commissioner 
of 
Human 
Services 
the 
authority to withhold the Medicaid payments of a hospital that is 
delinquent in making the tax payments 
required by the Maine 
Revised Statutes, Title 36, chapter 377. 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
et Cost (Savings) 
Highway Fund 
Appropriations! Allocations 
Highway Fund 
Fiscal Detail and Notes 
Approved: 01129/04 )f!ipac:.. 
Office of Fiscal and Program Review 
LD 1828 
An Act to Make Supplemental Appropriations and Allocations for the 
Expenditures of State Government and to Change Certain Provisions of 
the Law Necessary for the Proper Operations of State Government for 
the Fiscal Years Ending June 30, 2004 and June 30, 2005 
LR2700(33) 
Fiscal Note for House Amendment" " to Committee Amendment" A" 
Sponsor: Rep. Brannigan 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
2004-05 
$0 
($75,000) 
$0 
($75,000) 
This amendment deallocates funds allocated in PL 2003, Chapter 490, section C-l. Elimination of Part Z will allow 
rulemaking intended to reduce MaineCare spending to continue in effect after July 1,2004. 
This amendment will have no net effect on General Fund appropriations and revenue. 
LR2700(33) - Fiscal Note - Page 1 of 1