Whereas, the State of Maine needs to ensure that all legislatively mandated deappropriations are implemented to the fullest extent possible and that all possible revenue sources are used to the maximum extent possible; and

Whereas, if such actions are not taken it may be necessary to implement new service or reimbursement reductions; and

Whereas, the State must comply with federal mandates in the operation of various programs in which the Federal Government provides matching funds, including Medicaid, TANF and food stamps; and

Whereas, the State may not have an opportunity to adopt rules complying with federal requirements until after those requirements are in effect; and

Whereas, the State must conform its Medicaid rules to the state plan filed with the Federal Government; 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. Adoption of rules with retroactive application; certain bureaus within Department of Human Services. The Department of Human Services, Bureau of Medical Services is authorized to adopt rules that have a retroactive application when necessary to maximize available revenue sources, to achieve maximum possible implementation of legislatively authorized deappropriations and to conform to the state plan as filed with the Federal Government. The Department of Human Services, Bureau of Family Independence is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the state plan as filed with the Federal Government.

Rules adopted pursuant to this section are routine technical rules; except that, if the underlying statutory rule-making authority for a rule or set of rules identifies that authority as major substantive, then the related rule or rules adopted under this section are major substantive.