An Act To Support Nursing Facilities and Home Care for Seniors and Create a Tax Credit for Primary Care Professionals Practicing in Underserved Areas
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, many nursing facilities are under imminent threat of closure as a result of chronic underfunding; and
Whereas, additional funding provided as soon as possible could prevent the closure of nursing homes, many of which are in rural locations; and
Whereas, additional funding provided as soon as possible could assist seniors to age in place without their needing to transfer to nursing facilities; and
Whereas, nursing facilities and adult day services are essential parts of the continuum of health care; 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,
Sec. 1. 36 MRSA §5219-LL is enacted to read:
§ 5219-LL. Primary care access credit
(1) First begins practicing primary care medicine in the State by joining an existing health care practice in an underserved area or establishing a new health care practice or purchasing an existing health care practice in an underserved area;
(2) Agrees to practice full time for at least 5 years in an underserved area;
(3) Is certified under subsection 3 to be eligible by the Department of Health and Human Services; and
(4) Has an unpaid student loan owed to an institution for course work directly related to that person's training in primary care medicine.
Sec. 2. Transfer; Fund for a Healthy Maine; General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $4,547,371 from the Fund for a Healthy Maine to the unappropriated surplus of the General Fund no later than June 30, 2015.
Sec. 3. Department of Health and Human Services directed to increase reimbursement rates for adult day services. The Department of Health and Human Services shall adopt rules on an emergency basis to increase reimbursement rates for adult day services programs in Chapter 101: MaineCare Benefits Manual, Chapter II, Sections 19 and 26 and Chapter 5: Office of Elder Services Policy Manual, Sections 61 and 63 to $12 per hour beginning July 1, 2014. Following adoption of the emergency rules, the department shall complete nonemergency rulemaking to implement this section. Rules adopted pursuant to this section are routine technical rules as described in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Long Term Care - Office of Aging and Disability Services 0420
Initiative: Appropriates funds for an increase in the reimbursement rate for adult day services to $12 per hour.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $57,095 |
 |
|
|
| GENERAL FUND TOTAL | $0 | $57,095 |
Low-cost Drugs To Maine's Elderly 0202
Initiative: Allocates funds on a one-time basis for access to transitional assistance for Medicare Savings Program members who are losing state assistance with Medicare Part D plan selection.
| FUND FOR A HEALTHY MAINE | 2013-14 | 2014-15 |
|
All Other
|
$0 | $275,000 |
|
|
|
| FUND FOR A HEALTHY MAINE TOTAL | $0 | $275,000 |
Medical Care - Payments to Providers 0147
Initiative: Appropriates and allocates funds for an increase in the reimbursement rate for adult day services to $12 per hour.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $46,416 |
|
|
|
| GENERAL FUND TOTAL | $0 | $46,416 |
| FEDERAL EXPENDITURES FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $75,109 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $75,109 |
Nursing Facilities 0148
Initiative: Provides one-time funding for increased reimbursements under the MaineCare program for nursing facilities.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $4,915,699 |
|
|
|
| GENERAL FUND TOTAL | $0 | $4,915,699 |
| FEDERAL EXPENDITURES FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $7,951,780 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $7,951,780 |
Nursing Facilities 0148
Initiative: Provides one-time funds for increased nursing home costs.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $206,459 |
|
|
|
| GENERAL FUND TOTAL | $0 | $206,459 |
| FEDERAL EXPENDITURES FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $333,975 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $333,975 |
Nursing Facilities 0148
Initiative: Adjusts funds to reflect additional nursing home provider tax revenue.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | ($772,049) |
|
|
|
| GENERAL FUND TOTAL | $0 | ($772,049) |
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
All Other
|
$0 | $772,049 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $772,049 |
Office of Aging and Disability Services Central Office 0140
Initiative: Appropriates funds for an increase in the reimbursement rate for adult day services to $12 per hour.
| GENERAL FUND | 2013-14 | 2014-15 |
|
All Other
|
$0 | $71,521 |
|
|
|
| GENERAL FUND TOTAL | $0 | $71,521 |
| HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) | ||
| DEPARTMENT TOTALS | 2013-14 | 2014-15 |
|
GENERAL FUND
|
$0 | $4,525,141 |
|
FEDERAL EXPENDITURES FUND
|
$0 | $8,360,864 |
|
FUND FOR A HEALTHY MAINE
|
$0 | $275,000 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $772,049 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $13,933,054 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill provides a primary care access tax credit to up to 5 eligible primary care professionals each year who practice in an underserved area in the State. It creates a graduated schedule for claiming the credit allowing an eligible primary care professional to claim an amount equal to the annual payments made on the professional's student loan not to exceed $6,000 in the first year, $9,000 in the 2nd year, $12,000 in the 3rd year, $15,000 in the 4th year and $18,000 in the 5th year.
This bill also provides that the primary care access credit is available for tax years beginning on or after January 1, 2014 but before January 1, 2019. It requires the Department of Health and Human Services and the Department of Administrative and Financial Services, Maine Revenue Services to submit an annual report to the joint standing committee of the Legislature having jurisdiction over taxation matters beginning on January 15, 2016 indicating the number of eligible primary care professionals certified and decertified each year by the Department of Health and Human Services and the total annual loss of revenue attributable to the primary care access credit.
This bill uses one-time tobacco settlement funds from the Fund for a Healthy Maine to support health services for the elderly, including nursing home funding, transitional assistance with Medicare Part D plan selection and an increase for adult day services reimbursement. This bill also uses one-time tobacco settlement funds from the Fund for a Healthy Maine for the primary care access tax credit.