An Act To Amend the Rule-making Authority of the Department of Human Services to Ensure Cost-effective Operation of State Medical Services Programs and Compliance with Federal Requirements
Maine Legislature, Session 121, LD 1748
Committee: Health and Human Services
Sponsors: O'NEIL, BRENNAN

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1748 
H.P.1270 
House of Representatives, December 22,2003 
An Act To Amend the Rule-making Authority of the Department of 
Human Services to Ensure Cost-effective Operation of State Medical 
Services Programs and Compliance with Federal Requirements 
(EMERGENCY) 
Submitted by the Department of Human Services pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative O'NEIL of Saco. 
Cosponsored by Senator: BRENNAN of Cumberland. 
Printed on recycled paper 
'77/~ /J7.1i/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 
State 
of 
Maine 
needs 
to 
ensure 
that all 
legislatively mandated deappropriations are implemented to the 
fullest extent possible and that all possible revenue sources are 
used to the maximum extent possible; and 
Whereas, if such actions are not taken it may be necessary 
to implement new service or reimbursement reductions; and 
Whereas, the State must comply with federal mandates in the 
operation of various programs in which the Federal Government 
provides 
matching 
funds, 
including 
Medicaid, 
TANF 
and 
food 
stamps; and 
Whereas, the State may not have an opportunity to 
rules 
complying with 
federal 
requirements 
until 
after 
requirements are in effect; and 
adopt 
those 
Whereas, the State must conform its Medicaid rules to the 
state plan filed with the Federal Government; 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. 1. Adoption of rules with retroactive application: certain 
bureaus within Department of Human Services. 
The Department of 
Human Services, Bureau of Medical Services is authorized to adopt 
rules that have 
a 
retroactive application when 
necessary to 
maximize available revenue sources, to achieve maximum possible 
implementation of legislatively authorized deappropriations and 
to 
conform 
to 
the 
state 
plan 
as 
filed 
with 
the 
Federal 
Government. 
The Department of Human Services, Bureau of Family 
Independence is authorized to adopt rules that have a retroactive 
application to comply with federal requirements or to conform to 
the state plan as filed with the Federal Government. 
Rules adopted pursuant to this section are routine technical 
rules; 
except that, 
if the 
underlying 
statutory 
rule-making 
authority for a rule or set of rules identifies that authority as 
major substantive, then the related rule or rules adopted under 
this section are major substantive. 
Page l-LR2639(1) 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill provides 
the authority for 
bureaus 
in the 
Department of Human Services to adopt rules having retroactive 
application. 
It allows the Bureau of Medical Services to do so 
to maximize revenue sources and to meet deappropriations. 
It 
allows the Bureau of Family Independence to do so to comply with 
federal regulations or to conform to the state plan as filed with 
the Federal Government.