An Act Eliminating the Receipt by the Maine Veterans' Homes of Any Reimbursement from the MaineCare Program for the Costs of Renovating the Existing 120-bed Maine Veterans' Homes Nursing Facility in Augusta (AFfER DEADLINE)
Maine Legislature, Session 121, LD 0373
Committee: Legal and Veterans Affairs
Sponsors: COLWELL, GAGNON, BRUNO, CLARK, DUPLESSIE, RICHARDSON, DAGGETT, DAVIS, TREAT, WOODCOCK

12lst MAINE LEGISLATURE 
Legislative Document 
No. 373 
H.P.293 
House of Representatives, January 30,2003 
An Act Eliminating the Receipt by the Maine Veterans' Homes of 
Any Reimbursement from the MaineCare Program for the Costs of 
Renovating the Existing 120-bed Maine Veterans' Homes Nursing 
Facility in Augusta 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Speaker COLWELL of Gardiner. 
Cosponsored by Senator GAGNON of Kennebec and 
7r/~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRUNO of Raymond, CLARK of Millinocket, DUPLESSIE of Westbrook, 
RICHARDSON of Brunswick, Senators: President DAGGETT of Kennebec, DAVIS of 
Piscataquis, TREAT of Kennebec, WOODCOCK of Franklin. 
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, the existing l20-bed nursing facility of the Maine 
Veterans' Homes in Augusta is almost 20 years old; and 
Whereas, significant 
renovations 
must 
be 
made 
to 
that 
facility, such as renovations to ensure continued compliance with 
life 
safety 
codes, 
to 
remove 
asbestos, 
to 
replace 
heating 
systems, to replace windows and to replace the facility's roof; 
and 
Whereas, the 
Maine 
Veterans' 
renovations to its Augusta nursing 
$2,794,787; and 
Homes 
has 
facility in 
proposed 
these 
the amount of 
Whereas, the Maine Veterans' Homes can guarantee a contract 
price of $2,794,787 on these renovations to its Augusta nursing 
facility if it acts by February 17, 2003; and 
Whereas, the 
Maine 
Veterans' 
Homes 
has 
secured 
federal 
funding in the amount of 65% of the costs of the renovations; and 
Whereas, the Maine Veterans' 
Homes will lose its 
funding 
for 
the proposed renovations 
to its Augusta 
facility 
if it 
can 
not 
proceed 
with 
a 
contract 
renovations in a timely manner; and 
federal 
nursing 
for 
the 
Whereas, the proposed renovations to 
facility of the Maine Veterans' Homes are 
Certificate of Need Act of 2002; and 
the Augusta nursing 
subject to the Maine 
Whereas, on January 22, 
2002, 
the Maine Veterans' 
Homes 
filed with the Department of Human Services a certificate of need 
application dated January 
14, 
2002 
seeking approval 
for 
the 
proposed renovations to the nursing facility; and 
Whereas, the Department of Human Services has not yet acted 
on the certificate of need application; and 
Whereas, the Maine Certificate of Need Act of 2002 states "A 
nursing facility project that proposes renovation, replacement or 
other actions that will increase Medicaid [MaineCare] costs may 
be 
approved 
only 
if 
appropriations 
have 
been 
made 
by 
the 
Legislature expressly for the purpose of meeting those costs"; and 
Whereas, the 
Maine 
Veterans' 
Homes 
does 
not 
wish 
the 
proposed renovations to its Augusta nursing facility to increase 
Page l-LR1802 (1) 
MaineCare costs to the State and, accordingly, wishes to forego 
the receipt of any reimbursement from the State for the costs of 
those renovations; 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. Certificate of need; MaineCare. 
The following provisions 
apply with regard to a certificate of need application filed on 
January 22, 
2002 by the Maine Veterans' 
Homes to renovate an 
existing 120-bed nursing facility at Augusta. 
1. 
The 
Department 
of 
Human 
Services 
may 
not 
reimburse 
through the MaineCare program the Maine Veterans' Homes for any 
short-term or long-term costs associated directly or indirectly 
with 
the 
renovations 
detailed 
in 
the 
certificate 
of 
need 
application filed. 
2. 
The provisions of the Maine Revised Statutes, Title 22, 
section 334 that require an appropriation for the express purpose 
of meeting the costs of a nursing facility project for which a 
certificate 
of 
need 
has 
been 
filed 
do 
not 
apply 
to 
the 
certificate of need application. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
The purpose of this bill is to eliminate the receipt by the 
Maine Veterans' 
Homes of any reimbursement from the MaineCare 
Program 
for 
the 
costs 
of 
effecting life 
safety 
and 
other 
renovations to the existing l20-bed Maine Veterans' Homes nursing 
facility in Augusta in connection with a certificate of need 
application 
dated 
January 
14, 
2002 
and 
filed 
by 
the 
Maine 
Veterans' Homes with the Department of Human Services on January 
22, 2002. 
Because the bill precludes the Maine Veterans' Homes 
from receiving any MaineCare reimbursement for the cost of such 
renovations, the bill eliminates the need for the Legislature to 
appropriate funds to meet the costs of such renovations pursuant 
to the Maine Revised Statutes, Title 22, section 334 and allows 
the Department of Human Services to act on the certificate of 
need application, without appropriations first having been made 
for such renovations under Title 22, section 334. 
The bill also 
prevents 
the 
loss 
of 
approximately 
$1,800, 000 
in 
federal 
construction funds 
related to such renovations, 
and the bill 
saves the State up to $2,794,787 in MaineCare reimbursements for 
the costs of such renovations, which otherwise would be payable 
to the Maine Veterans' Homes in installments over the useful life 
of such renovations.