H.P. 1534 - L.D. 2161
Resolve, to Extend the Commission to Examine Rate Setting and the Financing of Maine's Long-term Care Facilities
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve is necessary as an emergency measure to provide funding for the Commission
to Examine Rate Setting and the Financing of Maine's Long-term Care Facilities to continue its work immediately following the Second Regular Session of the 118th Legislature; 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
Sec. 1. Resolve 1997, c. 81, §2 is amended to read:
Sec. 2. Commission membership. Resolved: That, except as provided in section 2-A, the commission consists of the following 15 members:
1. Two members of the Senate, appointed by the President of the Senate, one representing the majority party and one representing the minority party;
2. Two members of the House of Representatives, appointed by the Speaker of the House, one representing the majority party and one representing the minority party; and
3. Eleven other members appointed as follows:
A. The following members appointed by the Governor:
(1) The chair, who must have experience with rate setting;
(2) One representative of the Department of Human Services;
(3) One representative of the Long-term Care Steering Committee;
(4) One representative of the Maine Health and Higher Educational Facilities Authority; and
(5) One representative of a commercial lending institution; and
B. The following members appointed jointly by the President of the Senate and the Speaker of the House of Representatives:
(1) One representative of the long-term care ombudsman program;
(2) One representative of the Maine Health Care Association;
(3) One representative of the Maine Hospital Association;
(4) One representative of providers of long-term care services who is familiar with the principles of reimbursement;
(5) One representative of consumers of long-term care services who is familiar with the principles of reimbursement; and
(6) One representative of the American Association of Retired Persons; and be it further
Sec. 2. Resolve 1997, c. 81, §2-A is enacted to read:
Sec. 2-A. Additional member. Resolved: That, after the effective date of this section, the Speaker of the House of Representatives shall appoint one additional member of the commission who represents consumers of nursing facility services; and be it further
Sec. 3. Resolve 1997, c. 81, §§3, 4 and 7 are amended to read:
Sec. 3. Appointments; meetings. Resolved: That, except as provided in section 2-A, all appointments must be made no later than 30 days following the effective date of this resolve. The Executive Director of the Legislative Council must be notified by all appointing authorities once the selections have been made. Within 15 days after appointment of all members, the Chair of the Legislative Council shall call and convene the first meeting of the commission; and be it further
Sec. 4. Duties. Resolved: That the commission shall examine the following issues concerning long-term care facilities:
1. The setting of rates for the different payers within the long-term care system for nursing facility services, including monthly charges and charges for resident services and supplies, and ensuring affordability;
2. The levels of profit guaranteed by the rate of reimbursement, a comparison of rates among the different states and financial stability within the system;
3. The advisability of rate equalization between private and public payers, implementation of rate equalization and what the possible benefits and detriments might be for nursing facility residents;
4. The case mix payment system for private paying patients;
5. The possibility of regulating the long-term care nursing facility industry in the manner of regulating public utilities; and
6. The relationship between staffing levels and quality of care and maintaining high-quality care; and be it further
7. Mechanisms for providing consumer participation in decisions on the reimbursement for nursing facility care under the Medicaid program; and
8. Salaries, dividends and management fees in nursing facilities; and be it further
Sec. 7. Report. Resolved: That the commission shall submit its report, together with any necessary implementing legislation, to the Second Regular Session of the 118th Legislature no later than December 15, 1997 November 20, 1998. If the commission requires an extension, it may apply to the Legislative Council, which may grant the extension; and be it further
Sec. 4. Retroactivity. Resolved: That that section of this resolve that amends Resolve 1997, c. 81, section 7 applies retroactively to December 15, 1997; and be it further
Sec. 5. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1997-98
LEGISLATURE
Commission to Examine Rate Setting and the Financing of Maine's Long-term Care Facilities
Personal Services $2,640
All Other 4,860
Provides funds for the per diem and expenses of legislative members, funding for consultants and miscellaneous costs of the Commission to Examine Rate Setting and the Financing of Maine's Long-term Care Facilities.
LEGISLATURE ____________
TOTAL $7,500
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 16, 1998.
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