Resolve, Rules To
Maine Legislature, Session 121, LD 1341
Committee Amendment CA_A_H695 (House)

COMMITTEE AMENDMENT "jJ.. to H.P. 987, L.D. 1341, 
Directing the Department of Human Services To Adopt 
Reduce Regulatory Burdens on Home Health Agencies" 
"Resolve, 
Rules To 
Amend the resolve by striking out the title and substituting 
the following: 
• Resolve, Directing the Department of Human Services To Adopt 
Rules To Reduce Regulatory Burdens on Home Health Agencies while 
Maintaining Budget Neutrality' 
Further amend the resolve by striking out everything after 
the title and before the summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, immediate 
relief 
from 
produce 
fiscal 
savings 
for 
home 
Department of Human Services; and 
regulatory 
burdens 
health 
agencies 
and 
will 
the 
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 
Sec. 1. Adopt rules. Resolved: 
That by July 1, 
2004 
the 
Department of Human Services shall amend the rules regarding 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H,P, 987. L.D. 1341 
medical assessment for long-term care services reimbursed under 
the MaineCare program as they pertain to assessments for home 
health care services 
under 
Rule 
Chapter 
101, 
the 
MaineCare 
Benefits Mannual, Ch. II -
Section 40 of the department's rules. 
The 
amended rules 
may 
move 
the initial period prior 
to 
an 
assessment from no less than 60 days to no more than 120 days. 
Any resulting rule must be cost neutral to the home health 
program under Rule Chapter 101, the MaineCare Benefits Manual, 
Ch. 
II 
Section 
of 
the 
department's 
rules within the 
MaineCare program. 
By April 1, 2005, the Department of Human 
Services shall report to the joint standing committee of the 
Legislature having jurisdiction over health and human services 
matters regarding the experience of the department and the home 
health 
agencies 
under 
the 
120-day 
period prior 
to 
initial 
assessment 
and 
the 
fiscal 
implications 
for 
the 
MaineCare 
program. 
Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-11.. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved.' 
SUMMARY 
This amendment adds emergency language to the resolve. 
It 
directs the Department of Human Services to adopt rules regarding 
medical 
assessment 
for 
home health care services under 
Rule 
Chapter 101, the MaineCare Benefits Manual, Ch. II - Section 40. 
The rules may move the initial assessment period from no less 
than 60 days to no more than 120 days. 
The resulting rule must 
be cost neutral. 
The amendment requires a report by April 1, 
2005. 
The amendment also changes the title. 
FISCAL \OTF. REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/04/04 ;t;pae 
Office of Fiscal and Program Review 
LD 1341 
Resolve, Directing the Department of Human Services To Adopt Rules 
To Reduce Regulatory Burdens on Home Health Agencies 
LR0092(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The fiscal note assumes the amended rules will be cost-neutral as required in this resolve. Any additional cost to the 
Department of Human Services in amending these rules can be absorbed by the department utilizing existing 
budgetary resources. 
LR0092(2) - Fiscal Note - Page 1 of 1