Resolve, Regarding Legislative Review of Portions of MaineCare Benefits Manual, Chapter III, Section 50, Principles of Reimbursement for Intermediate Care Facilities for Persons with Mental Retardation, a Major Substantive Rule of the Department of Health and Human Services, Office of MaineCare Services
Maine Legislature, Session 123, LD 0037
Committee Amendment CA_A_H217 (House)

COMMITTEE AMENDMENT "A" to H.P. 38, L.D. 37, "Resolve, Regarding 
Legislative Review of Portions of MaineCare Benefits Manual, Chapter III, Section 50, 
Principles of Reimbursement for Intermediate Care Facilities for Persons with Mental 
Retardation, a Major Substantive Rule of the Department of Health and Human Services, 
Office of MaineCare Services" 
Amend the resolve in section 1 in the last line (page 1, line 19 in L.D.) by striking out 
the following: "authorized." and inserting the following: 'authorized if the following 
changes are made to the rule: 
1. 
In section 2054 on reimbursement for contracted services, the rule regarding 
verification of the cost of services furnished under the contract must be changed to 
exempt from that requirement contracts with persons or entities that already have 
contracts with the Department of Health and Human Services and contracts with 
consultants; 
2. In section 3024.12 on provision of a provider's federal income tax return, the rule 
must be changed to exclude from this requirement leases for office or day program space 
when the lease agreement is between unrelated parties; 
3. In section 3024.3 on leases between individuals or organizations not related by 
common control or ownership, the rule must be changed to clarify that rule section 
3024.3 does not apply to leases for office space or day program space in facilities that are 
separate from an intermediate care facility for persons with mental retardation (ICF -MR). 
The rule must provide that, with regard to those leases, the provider must demonstrate 
that the costs do not exceed prevailing market rates; 
4. In section 40 11.I.n on reimbursement for directors' and officers' liability insurance 
in the variable cost component, the provisionally adopted rule is approved. However, to 
accomplish the purposes of section 40 11.I.n, the rule must be changed in section 7021.4 
to adjust the base year so that directors' and officers' liability insurance costs are included 
in base year costs; 
5. In section 4140 on reimbursement for a facility's motor vehicle or vehicles, the 
rule must be chan,ged to allow for reimbursement of more than one vehicle if approved by 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 38, L.D. 37 
the Department of Health and Human Services, Office of Adults with Cognitive and 
Physical Disability Services; 
6. In section 4160 on reimbursement in the variable cost component for legal fees, 
the rule must be changed to exclude the provisionally adopted language on 
reimbursement for legal fees and to add language on reimbursement for legal fees that 
reflects the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services, Provider Reimbursement Manual - Part 1 (Publication 
15-1), section 2183 on reimbursement for legal fees, so that the rule applies to legal fees 
and costs that relate to the provider's furnishing of patient care; and 
7. In section 4171 on reimbursement for staffing while residents are away from the 
facility at day habilitation programs, the rule must be changed to allow reimbursement of 
the facility's staffing costs, subject to approval of the facility's staff by the Office of 
Adults with Physical and Cognitive Disability Services.' 
SUMMARY 
This amendment amends the resolve to provide approval of the provisionally adopted 
major substantive rules on reimbursement for intermediate care facilities for persons with 
mental retardation if certain enumerated changes are made to the rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/07/07 
~ae 
LD37 
LR 168(02) 
Resolve, Regarding Legislative Review of Portions of MaineCare Benefits Manual, Chapter III, 
Section 50, Principles of Reimbursement for Intermediate Care Facilities for Persons with Mental 
Retardation, a Major Substantive Rule of the Department of Health and Human Services, Office of 
MaineCare Services 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor net impact General Fund 
Minor net impact Federal Funds 
Fiscal Detail and Notes· 
The net impact on state and federal MaineCare spending is expected to be minor. 
LR0168(02) - Fiscal Note - Page 1 of 1