Sec. 1. 22 MRSA §5107-G is enacted to read:

§5107-G.__Biennial review of reimbursement rates.

1.__Review required.__By January 1, 2002, and every 2 years thereafter, the commissioner shall review the rates of reimbursement for consumer-directed personal care attendant services.

2.__Process.__As part of the review required under subsection 1, the commissioner shall:

A.__Ensure the input of consumers of those services.__The commissioner may seek that input through one or more public hearings or by other means determined reasonable by the commissioner; and

B.__Seek advice and input from the Long-term Care Steering Committee established in section 5107-B to determine if the rates of reimbursement are sufficient for consumers to recruit, hire and retain personal care attendants.

3.__Rules.__When the commissioner determines that an increase in one or more of the reimbursement rates is necessary after the review required in this section, the commissioner shall adopt routine technical rules in accordance with Title 5, chapter 375, subchapter II-A to accomplish the increase.

4.__Budget estimates.__The commissioner shall include amounts necessary to fund any reimbursement rate increased by operation of this section in budget estimates prepared under Title 5, section 1665.

Sec. 2. Rulemaking. By October 1, 1999, the Department of Human Services shall adopt rules to increase the reimbursement rates for consumer-directed personal care attendants. These new rules must provide for increasing the reimbursement rates by $1.75 per hour for work performed during the day under regular Medicaid or the Medicaid waiver program and by $10 per night under the regular Medicaid program as a night attendant or by $11 per night under the Medicaid waiver program as a night attendant. In the home-based care program the reimbursement rates must increase by $2 per hour for work performed during the day and by $8 per night as a night attendant. Rules adopted pursuant to this Act are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.