Whereas, this legislation requires reimbursement for services provided by nonprofit psychiatric hospitals to indigent patients; and

Whereas, without this reimbursement, the ability to provide services to mentally ill indigent persons will be severely hampered; 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 enacted by the People of the State of Maine as follows:

Sec. 1. Carrying balance; Medical Care - Payments to Providers. Notwithstanding any other provision of law, the Department of Human Services shall reimburse the State's 2 freestanding, nonprofit psychiatric hospitals for services provided to indigent patients when these expenses can not be reimbursed by the Medicaid or Medicaid Disproportionate Share programs in fiscal years 2002-03 from the carrying balance on June 30, 2003 in the Medical Care - Payments to Providers General Fund account in the Department of Human Services in an amount of at least $5,000,000 but no more than $10,000,000.

Sec. 2. Pursuit of federal funding for disproportionate share shortfall for institutes for mental disease. The Commissioner of Human Services and the Commissioner of Behavioral and Developmental Services shall continue to work with the State's 2 freestanding, nonprofit psychiatric hospitals to advocate for the elimination of the federal cap on disproportionate share hospital funds that are available for institutes for mental disease, or for other federal reforms that would ensure adequate federal funding for the population served by these hospitals. The commissioners shall report their progress to the Joint Standing Committee on Appropriations and Financial Affairs no later than February 15, 2004.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

BEHAVIORAL AND DEVELOPMENT SERVICES,

DEPARTMENT OF