An Act To Restore MaineCare Coverage for Ambulatory Surgical Center Services

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 elimination of MaineCare coverage for ambulatory surgical center services in Public Law 2011, chapter 657 has resulted in a shift of services to more expensive settings; and

Whereas,  the elimination of MaineCare coverage for ambulatory surgical center services in Public Law 2011, chapter 657 has resulted in access problems for MaineCare beneficiaries, particularly in the medical specialties of orthopedics, ophthalmology and gastroenterology; and

Whereas,  an immediate restoration of MaineCare coverage for ambulatory surgical center services will address the access problems and will reduce costs in the MaineCare program; 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. Rulemaking. The Department of Health and Human Services shall adopt rules for the reimbursement of ambulatory surgical centers under the MaineCare program that are identical in substance to the rules that were in effect on January 1, 2012. Rules adopted pursuant to this section must take effect by July 1, 2014 and are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

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