LD 2220, Page 31 - 120th Legislature, SECOND REGULAR Session

Department of Behavioral and Developmental Services an Other

Special Revenue Funds program to be known as the "Residential

Treatment Facilities Assessment," which is composed of the

assessments set forth in section 1 of this Part. Funds in the

Residential Treatment Facilities Assessment may be expended

only for behavioral and developmental services, and may be

expended only upon allocation by the Legislature. Any

unexpended funds remaining at the end of each fiscal year do

not lapse but remain as a carrying balance to be used for the

same purposes.

4. Monthly payment. The annual assessment imposed pursuant
to section 1 of this Part must be paid in monthly installments

and must be credited to the Residential Treatment Facilities
Assessment program.

5. Allowable cost. The Department of Behavioral and
Developmental Services and the Department of Human Services
shall adopt rules as needed recognizing the assessments
described in section 1 of this Part as an allowable and
reimbursable cost. The departments will determine the portion
of the assessment to be reimbursed based on MaineCare's share
of total days of service.

Sec. CC-3. Failure to make timely payment of assessment.

1. Collection. If any facility fails to make timely
payment of any portion of an assessment, action is authorized
to be taken to collect any outstanding assessments consistent
with the laws of the State.

2. Collection by Department of Human Services. If any
portion of a facility's assessment is more than 30 days past
due, upon 10 days' written notice to the facility, the
Department of Human Services may:

A. Withhold the outstanding amount and any penalties or
fines from the facility's Medicaid payments; or

B. Suspend or withdraw the facility's Medicaid
enrollment.

3. Change of ownership. Regardless of changes in control
or ownership of any facility, the Department of Human Services
may recover from a facility any outstanding assessments and
may take any of the actions described in subsection 2 against
a facility for any outstanding assessments under this Part.

Sec. CC-4. Rules.

The Department of Human Services and the Department of
Behavioral and Developmental Services shall adopt any rules
not inconsistent with state law and fiscal procedures
necessary for

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