An Act To Provide Certain Requirements for Rules Related to Rate Setting for Mental Retardation Services and Mental Health Managed Care
Maine Legislature, Session 123, LD 1118
Committee Amendment CA_A_S126 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 370, L.D. 1118, Bill, "An Act To 
Provide Certain Requirements for Rules Related to Rate Setting for Mental Retardation 
Services and Mental Health Managed Care" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Certain Requirements for Rules Related to Rate Setting 
for Mental Retardation Services' 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the change to standardized rates for providers of care to persons with 
mental retardation under the waiver will have a significant impact on the system; and 
Whereas, rulemaking for provider rate setting is an important process and the 
Legislature should be involved in this process; and 
Whereas, rulemaking for provider rate setting is currently in progress and could be 
complete before this legislation goes into effect; 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, ' 
Amend the bill in section 1 in subsection 3 in the 3rd line (page 1, line 6 in L.D.) by 
striking out the following: "nonemergency" 
Amend the bill by striking out all of sections 2 and 3 and inserting the following: 
COMMITTEE AMENDMENT 
... "-
COMMITTEE AMENDMENT "A "to S.P. 370, L.D. 1118 
'Sec. 2. Rules. The Department of Health and Human Services is authorized to 
adopt major substantive rules on an emergency basis during calendar year 2007 with 
regard to rate setting for providers of services to persons with mental retardation.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
The amendment removes the section pertaining to a methodology for provider rate 
setting under the mental retardation waiver and the section pertaining to rulemaking for 
managed behavioral health care services. It retains the section that requires the rules for 
the standardization of rates for providers of care to persons with mental retardation under 
the waiver to be major substantive rules and makes the legislation an emergency so that it 
will go into effect upon enactment and approval by the Governor. 
The amendment removes from the bill the restriction that major substantive rules 
adopted by the Department of Health and Human Services with regard to rate setting for 
providers of services to persons with mental retardation be nonemergency rules. 
The amendment adds to the bill authorization to the Department of Health and 
Human Services to adopt major substantive rules on an emergency basis during calendar 
year 2007. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/10/07 ;:!;Pac:.. 
LD 1118 
LR 1412(02) 
An Act To Provide Certain Requirements for Rules Related to Rate Setting for Mental Retardation 
Services and Mental Health Managed Care 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1412(02) - Fiscal Note - Page 1 of 1