Resolve, To Foster Energy Efficiency Improvements and Other Needed Renovations at Residential Care Facilities Funded by MaineCare
Maine Legislature, Session 125, LD 0790
Committee: Health and Human Services
Sponsors: ROSEN, MALABY, McCORMICK

Legislative Document 
No. 790 
S.P. 219 
In Senate, March 1, 2011 
Resolve, To Foster Energy Efficiency Improvements and Other 
Needed Renovations at Residential Care Facilities Funded by 
MaineCare 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator ROSEN of Hancock. 
Cosponsored by Representative MALABY of Hancock and 
Senator: McCORMICK of Kennebec. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, energy efficiency improvements and other capital expenditures at 
residential care facilities funded by MaineCare require approval; and 
Whereas, in order for residential care facilities to receive reimbursement for energy 
efficiency improvements and other capital expenditures, this resolve must take effect 
immediately; 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 
Sec. 1.  Department rules governing reimbursement for energy efficiency 
improvements and other capital expenditures at MaineCare-funded 
residential care facilities.  Resolved:  That the Department of Health and Human 
Services shall amend its rules governing principles of reimbursement for residential care 
facilities funded by MaineCare to permit those facilities, without a requirement of prior 
approval, to receive fixed or capital cost reimbursement for new construction, 
acquisitions, equipment, renovations or other improvements when the aggregate capital 
expenditure does not exceed $350,000 in one fiscal year.  Capital expenditures for energy 
efficiency improvements, for replacement equipment, for information systems, for 
communications systems and for parking lots and garages must be excluded from the cost 
of the project in determining whether it is subject to review and prior approval.  When 
capital costs subject to review exceed $350,000 in one fiscal year, residential care 
facilities must submit plans, financial proposals and projected operating costs to the 
department for approval in order for costs to be reimbursed.  The rule requiring 
modification is Chapter 115:  Principles of Reimbursement for Residential Care Facilities 
- Room and Board Costs in Section 20.21(e) relating to energy efficiency improvements 
and Section 20.5 relating to new construction, acquisitions and renovations.  The changes 
to the rules must be adopted on an emergency basis to be effective immediately upon 
adoption. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve requires the Department of Health and Human Services to amend its 
rules regarding residential care facilities funded by MaineCare to provide that fixed or 
capital cost reimbursement for new construction, acquisitions, equipment, renovations or 
other improvements when the aggregate capital expenditure does not exceed $350,000 in 
one fiscal year does not require prior approval.  Capital expenditures for energy 
efficiency improvements, for replacement equipment, for information systems, for 
communications systems and for parking lots and garages must be excluded from the cost 
of the project in determining whether it is subject to review and prior approval.  When 
capital costs subject to review exceed $350,000 in one fiscal year, facilities must submit 
plans, financial proposals and projected operating costs to the department for approval in 
order for costs to be reimbursed.