Sec. 1. 22 MRSA §1812-H, as amended by PL 1993, c. 410, Pt. FF, §§4 to 7, is further amended to read:

§1812-H. Participation in the Medicare health insurance for

the aged program

1. Medicare. Any nursing facility with more than 60 licensed beds that participates in the Medicaid program must shall participate in the Medicare health insurance for the aged program as a skilled nursing facility.

2. Compliance. Any nursing facility with more than 60 licensed beds required to participate in the Medicare health insurance for the aged program shall:

A. File an application to become a Medicare provider by January 1, 1994;

B. Follow required federal procedures for certification and become certified within 90 days of the department's recommendation for certification;

C. Submit an annual application for Medicare participation at the same time applications for licensure and Medicaid certification are due; and

D. Participate in the Medicare program by billing Medicare for care provided to eligible recipients prior to billing Medicaid.

2-A. Rules. The department shall adopt rules to implement this section. The rules must consider the unique needs of different parts of the State. Nursing facilities in different parts of the State may be required to certify different numbers or percentages of beds depending on the number of Medicare recipients in those areas, the number of patients in hospitals who are waiting for nursing facility admission and other relevant demographic information. Nothing in this subsection prohibits the department from requiring all nursing facilities with 60 or more licensed beds to certify all a portion, no greater than 20%, of their beds as Medicare skilled nursing facility beds.

2-B.__Transition for facilities with 60 beds or fewer.__After January 1, 2000, facilities with fewer than 60 licensed beds that have previously obtained Medicare certification may terminate their Medicare certification upon making necessary filings with federal Medicare authorities.