Maine LD 87: Resolve, To Implement the Recommendations of the Commission To Continue the Study of Long-term Care Facilities

LD 87 (subjects: HEALTH CARE SERVICES , LONG TERM CARE )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=87&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Peter Stuckey of Portland: (D – District 42) — e-mail

7 Cosponsors:

Actions

Chamber

Action
1/20/2015 House Committee on Health and Human Services suggested and ordered printed.
The Resolve was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
1/22/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
4/23/2015 House Reports READ.
On motion of Representative GATTINE of Westbrook, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 36
(Yeas 84 – Nays 65 – Absent 2 – Excused 0)
The Resolve was READ ONCE.
Committee Amendment “A” (H-77) was READ and ADOPTED.
TOMORROW ASSIGNED FOR SECOND READING.
4/28/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.

READ the Second Time.
On motion of Representative McCABE of Skowhegan, TABLED pending PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-77).
Later today assigned.
4/28/2015 House Unfinished Business
4/29/2015 House Unfinished Business
4/30/2015 House Unfinished Business
5/5/2015 House Speaker laid before the House
Subsequently, the Resolve was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-77).
Sent for concurrence. ORDERED SENT FORTHWITH.
5/6/2015 Senate Reports READ
On motion by Senator BRAKEY of Androscoggin Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
5/7/2015 Senate Unfinished Business
5/12/2015 Senate Unfinished Business
5/13/2015 Senate Unfinished Business
5/14/2015 Senate Unfinished Business
5/19/2015 Senate Unfinished Business
5/20/2015 Senate Unfinished Business
5/21/2015 Senate Unfinished Business
5/26/2015 Senate Unfinished Business
5/27/2015 Senate Unfinished Business
5/28/2015 Senate Unfinished Business
5/29/2015 Senate Unfinished Business
6/1/2015 Senate Unfinished Business
6/2/2015 Senate Unfinished Business
6/3/2015 Senate Unfinished Business
6/4/2015 Senate Unfinished Business
6/5/2015 Senate Taken from the table by the President ProTem On motion by Senator BRAKEY of Androscoggin the Majority Ought to Pass As Amended by Committee Amendment “A” (H-77) Report ACCEPTED , in concurrence. READ ONCE
Committee Amendment “A” (H-77) READ On motion by Senator BURNS of Washington Senate Amendment “A” (S-173) to Committee Amendment “A” (H-77) READ and ADOPTED , in NON-CONCURRENCE. Committee Amendment “A” (H-77) as Amended by Senate Amendment “A” (S-173) thereto ADOPTED , in NON-CONCURRENCE. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment “A” (H-77) as Amended by Senate Amendment “A” (S-173) thereto , in NON-CONCURRENCE. Ordered sent down forthwith for concurrence.
6/8/2015 House The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-77) as Amended by Senate Amendment “A” (S-173) thereto
ORDERED SENT FORTHWITH.
6/9/2015 House On motion of Representative GIDEON of Freeport, TABLED pending FINAL PASSAGE.
Later today assigned. (Roll Call Ordered)

6/9/2015 House Unfinished Business
6/10/2015 House Speaker laid before the House
Subsequently, FINALLY PASSED.
This being an emergency measure, a two-thirds vote of all the members elected to the House being necessary, a total was taken.
ROLL CALL NO. 203
(Yeas 141 – Nays 4 – Absent 6 – Excused 0)
Sent for concurrence. ORDERED SENT FORTHWITH.
6/10/2015 Senate FINALLY PASSED – Emergency – 2/3 Elected Required, in concurrence.
6/22/2015 House This Resolve, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 338V
128 having voted in the affirmative and 10 in the negative, with 13 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/23/2015 Senate LD 87 In Senate, June 23, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 34 In Favor and 0 Against , accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 87 as originally introduced. L.D. 87 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-77) S-A to C-A (S-173) .

Resolve, To Implement the Recommendations of the Commission To Continue the Study of 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, the people of the State need and deserve a variety of well-planned and financially stable long-term care services in home-based and community-based care settings and in nursing facilities in their communities; and

Whereas, recent closures of nursing facilities, in particular in rural and underserved areas of the State, have had a significant impact on Maine families and communities; and

Whereas, in order to provide high-quality care to Maine’s elderly and disabled persons and to maintain access to services across the State, the Legislature must take immediate action to continue a thoughtful and thorough planning process; 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.
Amendment of Principles of Reimbursement for Nursing Facilities. Resolved: That the Department of Health and Human Services shall amend Rule Chapter 101, MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities as follows.

1. Occupancy adjustment. The rule must be amended to decrease the occupancy percentage threshold required for a nursing facility with more than 60 beds from 90% to 80% and for a nursing facility with 60 beds or fewer from 85% to 75%.

2. Continuing education for direct care staff. The rule must be amended so that the cost of continuing education for direct care staff is included as a direct care cost component rather than a routine cost component.

3. Crossover payments. The rule must be amended to restore crossover payments to nursing facilities related to the nondual Qualified Medicare Beneficiary program population of the Medicare Savings Program for whom coverage was eliminated in Public Law 2013, chapter 368.

4. Critical access nursing facility designation. The rule must be amended to create a critical access nursing facility designation using criteria that are sensitive to the unique access challenges in remote areas of the State. The rule must also be amended to provide that a critical access nursing facility designation qualifies as an allowable exception to MaineCare budget neutrality. The department shall seek the approval of the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services for the new designation and implement it by April 15, 2015.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This resolve directs the Department of Health and Human Services to amend Rule Chapter 101, MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities to:

1. Decrease the occupancy percentage threshold required for a nursing facility with more than 60 beds from 90% to 80% and for a nursing facility with 60 beds or fewer from 85% to 75%;

2. Provide that the cost of continuing education for direct care staff is included as a direct care cost component rather than a routine cost component;

3. Restore crossover payments to nursing facilities related to the nondual Qualified Medicare Beneficiary program population of the Medicare Savings Program for whom coverage was eliminated in Public Law 2013, chapter 368; and

4. Create a critical access nursing facility designation using criteria that are sensitive to the unique access challenges in remote areas of the State and provide that a critical access nursing facility designation qualifies as an allowable exception to MaineCare budget neutrality.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 87 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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