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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 509
H.P. 626 - L.D. 851

An Act to Provide Reimbursement to Spouses Serving as Personal Care Attendants

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, federal rules do not permit recipients of personal care services to employ their spouses in that capacity and be reimbursed through the Medicaid program; and

     Whereas, the Department of Human Services needs to apply for a waiver as soon as possible to correct this problem; 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. 26 MRSA �1421-C is enacted to read:

�1421-C. Reimbursement

     The Department of Human Services shall reimburse providers who are spouses of individuals who are eligible for personal care assistance services for severely physically disabled adults authorized by section 1421.

     Sec. 2. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

1997-98 1998-99

HUMAN SERVICES, DEPARTMENT OF

Long Term Care - Human Services

Provides additional funds and funds through a transfer from the Medical Care - Payments to Providers program to reimburse certain spouses who perform personal care services.

Medical Care - Payments to Providers

Transfers funds to the Long Term Care - Human Services program to reflect a shift of expenditures for certain personal care services.

Medical Care - Payments to Providers

Deappropriates funds due to anticipated savings in the Medicaid managed care initiative.

DEPARTMENT OF HUMAN SERVICES ____________ ____________
TOTAL $-0- $-0-

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

Effective June 12, 1997.

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