Whereas, this legislation requires reimbursement for services provided by nursing facilities and residential care facilities; and

Whereas, without the reimbursement, the ability of the facilities to provide services to residents requiring these services 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. 22 MRSA §1719 is enacted to read:

§1719.__Residential care facility reimbursement

The department shall include in its calculation of reimbursement for services provided by residential care facilities an allowance for a reasonable return on equity capital invested in those facilities and an annual adjustment for the cost of living.

Sec. 2. 22 MRSA §1815, as amended by PL 2003, c. 507, Pt. C, §1 and affected by §4, is further amended to read:

§1815. Fees

Each application for a license to operate a hospital, convalescent home or nursing home must be accompanied by a nonrefundable fee. Hospitals shall pay $40 for each bed contained within the facility. Nursing and convalescent homes shall pay $26 $10 for each bed contained within the facility. Each application for a license to operate an ambulatory surgical facility must be accompanied by the fee established by the department. The department shall establish the fee for an ambulatory surgical facility, not to exceed $500, on the basis of a sliding scale representing size, number of employees and scope of operations. All licenses issued must be renewed annually upon payment of a like fee. The State's share of all fees received by the department under this chapter must be deposited in the General Fund. A license granted may not be assignable or