Resolve, To Require the Department of Health and Human Services , To Provide Cost;.of-Iiving Adjustments for Nursing Facilities and Certain Medical and Remedial Private Nonmedical Institutions
Maine Legislature, Session 124, LD 1261
Committee: Health and Human Services
Sponsors: MARTIN, MARRACHE, CAIN, CLARK, HASKELL, PINGREE, PRIEST, WHEELER, BRANNIGAN, JACKSON

FIRST P,.EGULAR SESSION-2009 
Legislative Document 
No. 1261 
H.P.880 
, House of Representatives, March 31,2009 
Resolve, To Require the Department of Health and Human Services 
, To Provide Cost;.of-Iiving Adjustments for Nursing Facilities and 
Certain Medical and Remedial Private Nonmedical Institutions 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Senator MARRACHE of Kennebec and 
?1~d: 1/1. m!L{;;{~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CLARK of Millinocket, HASKELL of Portland, Speaker 
PINGREE of North Haven, PRIEST of Bnmswick, WHEELER of Kittery, Senators: 
BRANNIGAN of Cumberland, JACKSON of Aroostook. 
PrillleLll,n I'~cyclcd p"pcr 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90. days after adjournment unless enacted as emergencies; and' 
Whereas, this resolve requires the Department of Health and Human Services to 
provide cost-of-living adjustments for nursing facilities and medical and re~edial private 
nonmedical institutions for fiscal years 20.0.9-10. and 20. 10.-11; and 
Whereas, the Department of Health and Human Services is directed to publish its 
calculations of the cost-of-living adjustments no later than May 25, 20.0.9; 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 
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immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Cost-of-living adjustments for nursing facilities. Resolved: That, 
notwithstanding any other provision of law, the Department of Health and Human 
Services shall provide a cost-of-living adjustment in each of the· fiscal years 20.0.9-10. and 
20. 1 0.-11 to nursing facilities that are reimbursed for certain costs under the sections of the 
department's rules entitled "Principles of Reimbursement for Nursing Facilities," 10.-144 
Chapter 10.1, Chapter III, Section 67. The cost-of-living adjustment must be in the 
following amounts: 
20. 
1. Three percent for nursing facilities where 80.% or more of the facility's annual 
resident days are covered by MaineCare; and 
2. One and a half percent for all other nursing facilities. 
This cost-of-living increase must be applied to all components of the reimbursement 
rate except the fixed cost component. The department shall publish its calculation of the 
cost-of-living adjustment no later than May 25, 20.0.9 for fiscal year 20.0.9-10. and no "later 
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than May 25, 20. 1 0. for fiscal year 20. 10.-1·1. The department shall determine each facility's 
annual resident days based on its last audited cost report; and be it further 
Sec. 2.. Cost-of; .. living adjustments for certain medical and remedial: 
private nonmedical institutions. 
Resolved: 
That, notwithstanding any other. 
provision of law, the Department of Health and Human Services shall provide a cost-of-
living adjustment in fiscal years 20.0.9-10 and 20.10.-11 to medical and remedial private 
nonmedical institutions that are reimbursed for room and board costs under the sections 
of the department's rules entitled "Principles of. Reimbursement for Residential Care 
Facilities - Room and Board Costs," 1 0.-144 Chapter 115 and under rules entitled "Private 
Non-Medical Institution Services, Appendix C, Principles of Reimbursement for Medical 
and ReIl).edial Service Facilities" and "Appendix F, Principles of Reimbursement for 
Non-Case Mixed Medical and Remedial Facilities," 10.-144 Chapter 10.1, Chapter III, 
Section 97. The cost~of-living adjustment must be provided in the following amounts: 
1. Three percent for remedial private nonmedical institutions where 80.% or more of 
the facility's annual resident days are covered by MaineCare; and 
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2. One and a half percent for all other remedial private nonmedical institutions. 
. This cost-of-living increase must be applied to all components of the reimbursement 
rate, except the capital cost component, per year per facility. The department shall publish 
its calculation of the cost-of-living adjustment no later than May 25, 2009 for fiscal year 
2009-10 and no later than May 25, 2010 for fiscal year 2010-11. The department shall 
determine each facility's annual resident days based on its last audited cost report; and be 
it further 
Sec. 3. 
Appropriations and .allocations. 
Resolved: 
That the following 
.appropriations and allocations are made. 
HEAL TH AND HUMAN SERVICES, DEPARTMENT OF 
Nursing Facilities 0148 
Initiative: Appropriates and allocates additional funds for the costs of providing a 3% or 
1.5% cost-of-living adjustment applied to all components of the reimbursement rate, 
except the fixed cost component, for the. costs during fiscal years 2009-1 0 and 2010-11, 
and incorporating that adjustment into the base going forWard. The 3% cost-of-living 
increase must be provided to nursing facilities where 80% or more of the facility's annual 
resident days are covered by MaineCare. The 1.5% cost-of-living increase must be 
provided to all other nursing facilities. 
GENERAL FUND 
2009-10 
All Other 
$1,234,000 
GENERAL FUND TOTAL 
$1,234,000 
FEDERAL EXPENDITURES FUND 
2009-10 
All Other 
$2,291,000 
FEDERAL EXPENDITURES FUND TOTAL 
$2,291,000 
HEAL TH AND HUMAN SERVICES, DEPARTMENT OF 
. State Boarding Homes 2009 
2010-11 
$2,490,000 
$2,490,000 
2010-11 
$4,624,000 
$4,624,000 
Initiative: 
Appropriates and allocates funds for the costs of a 3% cost-of-living 
adjustment for fiscal years 2009-10 and 2010-11 for certain residential care facilities 
where 80% or more of the facility!s annqal resident days are covered by MaineCare. A 
1.5% cost-of-living adjustment must be provided for all other residential care facilities. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2009-10 
$763,000 
$763,000 
2010-11 
$1,547,000 
$1,547,000 
FEDERAL EXPEND][TURES FUND 
All Other 
. FEDERAL EXPENDITURES FUND TOTAL 
2009-10 
$1,417,000 
$1,417,000 
2010-11 
$2,872,000 
$2,872,000 
Emergency clause. 
In view of the emergency cited in the preamble, this 
,legislation takes effect when approved. 
SUMMARY 
This bill requires the Department of Health and Human Services to provide nursing 
facilities with cost-of~living adjustments in fiscal years 2009-10 and 2010-11. The 
adjustment must be 3% for' nursing facilities where 80% or more of the facility's annual 
resident days are covered by MaineCare. A 1.5% adjustment must be provided for all 
other nursing faciliti~s. 
The bill provides those residential care facilities that are reimbursed under 
department rules with a cost-of-living adjustment in eac}1 of the fiscal years 2009-10 and 
2010-11. The adjustment must be 3% for residential care facilities where 80% or more of 
the facility's aru;mal resident days are' covered by MaineCare. The adjustment must be 
1.5% for all other residential care facilities. 
This bill also has an appropriations and allocations section. 
Page J - 124LRlS07(Ol)-1 
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