An Act To Preserve the Viability of Services to Maine's Citizens with Mental Retardation
Maine Legislature, Session 124, LD 0809
Committee: Health and Human Services
Sponsors: CRAVEN, CONNOR, MILLS, LAJOIE, LEGG, LEWIN, MILLER, PERRY, ROTUNDO, STRANG BURGESS

MAINE STATE LEGISLATURE 
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STA TE LAVV LiBRARY 
AUGUSTA, IV1A/[\fF 
124thMAINE LEGISLATURE 
Legislative Document 
No. 809 
S.P.317 
In Senate, March 3, 2009 
An Act To Preserve the Viability of Services to Maine's Citizens 
with Mental Retardation 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative CONNOR of KennebuI'lk and 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: MILLS of Somerset, Representatives: LAJOIE of Lewiston, LEGG of Kennebunk, 
LEWIN of Eliot, MILLER of Somerville, PERRY of Calais, ROTUNDO of Lewiston, 
STRANG BURGESS of Cumberland. 
Printed on recycled paper 
Eme.rgency p.reamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjoUrnment unless enacted as emergencies; and 
Whe.reas, the Mental Retardation Waiver - MaineCare program is facing a 
. significant shortfall for the current fiscal year; and 
Whe.reas, a significant amount of the shortfall is due to the extraordinary amount of 
claims paid from the accOlUlt for prior fiscal years; and 
Whe.reas, the shortfall has caused the Department of Health and Human Services to 
make dramatic cuts to services being deli~ered in the current fiscal year; and 
Whe.reas, the Department of Health and Human Services has also been forced to 
close the waiver to new individuals; and 
lIWhe.reas, this program represents the safety net for Maine's most vulnerable 
citizens; and 
Whe.reas, 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 s~fety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. L 
Additional fede.ral matching assistance pe.rcentage funding; 
Depa.rtment of Health and Hmnan Se.rvices; autho.rized expenditure. 
Notwithstanding any other provision of law; in the event that any temporary increase in 
Maine's federal matching assistance percentage exceeds $98,800,000, the State Budget 
Office shall transfer up to $15,000,000' by fmancial order to the Department of Health 
and Human Services Mental Retardation Waiver - MaineCare program upon approval of 
the Governor. The funds must be used for a one-time initiative to restore services to the 
level provided during the first half of fiscal year 2008-09. 
Sec. 2. App.ropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Mental Retardation Waiver - MaineCare 0987 
Initiative: Provides funds to restore services to the level provided during the first half of 
fiscal year 2008-09. 
32. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2008-09 . 
$15,000,000 
$15,000,000 
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Medical Care - Payments to Providers 0417 
Initiative: Transfers funds from the Medical Care - Payments to Providers program to 
provide additional funds to restore services in the Mental Retardation Waiver -
MaineCare program to the level provided during the fIrst half of fIscal year 2008-09. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDEF...A..L EX..PENDITID1ES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2008-09 
($5,250,000) 
($5,250,000) 
2008-09 
($9,750,000) 
($9,750,000) 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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SUMMARY 
This emergency bill makes a one-time appropriation for the Mental Retardation 
Waiver.- MaineCare program in the event that the temporary increase in Maine's federal 
, matching assistance percentage exceeds $98,800,000 to restore services that have been 
cut this fIscal year to pay for a shortfall in the program incurred due to the payment of 
claims from prior fIscal years resulting from computer problems that delayed Medicaid 
claims processing.