Whereas, this resolve must take effect before the expiration of the 90-day period in order to alleviate the crisis in recruiting and retaining personal care assistants for home care services that negatively impacts access to these services; 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 of Human Services to change reimbursement for personal care assistant home care services. Resolved: That the Department of Human Services shall amend immediately its rules regarding reimbursement for personal care assistant home care services by increasing the reimbursement rate for these services by $1 per hour. By October 1, 2002 the Department of Human Services shall review its rules regarding the reimbursement structure for personal care assistant home care services, identify barriers to those services and revise rules as necessary to improve the delivery of those services. The department shall include in the process representatives of provider agencies, Elder Independence of Maine, consumers, family members and advocacy groups. The department shall consider a different method of reimbursement for one-hour visits. By October 1, 2002, the department shall report to the Joint Standing Committee on Health and Human Services on its actions to improve the delivery of services. Rules adopted pursuant to this section are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

SUMMARY

This resolve requires the Department of Human Services to amend immediately its rules regarding reimbursement for personal care assistant home care services by increasing the reimbursement rate for these services by $1 per hour. The department also must review its rules regarding the reimbursement structure for personal care assistant home care services, identify barriers to those services, revise rules as necessary to improve the delivery of those services and report to the Joint Standing Committee on Health and Human Services by October 1, 2002.