LD #

Decision

Title and Comments

    79

Carried over

PL 01 Chap 679

An Act to Reinstate Tax Deductibility of Qualified Long-term Care Insurance

Provides an income tax deduction for persons purchasing long-term care insurance certified by the Superintendent of Insurance and tax credits for employers who provide that insurance for their employees.

1085 Carried over

ONTP

Resolve, to Improve Staffing in Health Care Settings

Required DHS to amend its rules governing the licensing of home care, acute care, and long-term care facilities; residential care facilities; hospitals; and other health care facilities to require that appropriate staffing be based on patient acuity level.

1512 Carried over

ONTP

An Act to Increase Long-term Care Options for Low-income Citizens of the State of Maine

Called for an appropriation to subsidize assisted living services for persons with low income.  Was voted ONTP in anticipation of a bill to be introduced that will repeal the existing law governing assisted living and enact a replacement chapter.  See LD 2195 below.

1514 Carried over

PL 01 Chap 600

An Act to Ensure Fairness in the Regulation and Reimbursement of Nursing Facilities

Clarifies an existing regulation that nursing facilities may decline to admit a prospective resident if the facility lacks qualified staff to meet the person’s needs.  Also requires additions to the rules governing contracts between providers and residents to ensure responsible financial management of residents’ resources by persons who have authority over them.

1545 Carried over

ONTP

An Act to Increase the Supply of Medical Services to Consumers

Eliminated the requirement that before introducing additional health care services and procedures in a market area, a person must apply for and receive a certificate of need from the Department of Human Services.

1799

PL 01

Chap 664

An Act to Strengthen the Certificate of Need Law

Streamlines and improves state’s acute care CON law for both applicants and DHS. Clarifies that Commissioner’s final decision is based solely on the record, defines what constitutes record, allows Commissioner to consult with DHS staff during review, establishes simplified review for certain projects, requires projects to have prevention program related to proposed service, replaces existing CON Advisory Committee with the Maine Health Policy Committee, clarifies that Commissioner can call for a public hearing and can impose conditions on a CON, and provides for penalties if facility attempts to operate without valid CON.

1843

PL 01

Chap 494

An Act to Require that Temporary Nurse Agencies Verify Certified Nursing Assistants’ Eligibility Before Hiring Certified Nursing Assistants.

Requires a temporary nurse agency to verify the inclusion of a certified nursing assistant on the Maine Registry of Certified Nursing Assistants before hiring that CNA.

1848

Not enacted

An Act to Prohibit the Separation of Husband and Wife in State Funded Nursing Homes

Would have prohibited a husband and wife placed in nursing facilities that receive state funding from being placed in separate facilities unless they so wished.  A facility that could not admit the spouse of a resident would have to ensure placement together within 14 days.

1891

PL 01 Chap 609

An Act Regarding Eligibility for Financing Through the Maine Health and Higher Educational Facilities Authority

The original title, An Act to Require Majority Resident Representation on the Board of Any Assisted Living Facility Receiving Bands from the Maine Health and Higher Education Facilities Authority, and the text of this bill were amended to clarify eligibility requirements certain assisted living facilities must meet to qualify for MHHEFA funding.

1899

PL 01 Chap 532

An Act Relating to the Dissemination of Intelligence and Investigative Information

Allows for the sharing of intelligence and investigative information between criminal justice agencies and the Department of Human Services to aid in investigation in abuse, neglect and exploitation cases involving incapacitated or dependent adults and the Department of Behavioral and Developmental Services with respect to cases involving persons with mental retardation and autism.  This broadens the statute which had already allowed it in child abuse, neglect and exploitation cases.

1901

Not enacted

Resolve, to Allow Persons with Disabilities to Purchase Coverage Under the Medicaid Program

Required DHS to amend the two-step income eligibility rules under which employed persons with disabilities are allowed to purchase coverage in the Medicaid program.  DHS was to eliminate the first step, which sets a limit of 100% of poverty on unearned income and has to be met before subjecting earned income to the separate 250% standard.  Earned and unearned income would be combined and the 250% of poverty limit retained.

1911

PL 01

Chap 542

An Act Regarding Certain Educational Requirements for Licensed Social Workers

Changes the deadlines set in PL 01 Chap 316 (LD 987) for meeting the requirements of the law from June 30, 2002 to September 30, 2003.  Chapter 316 created the position of licensed bachelor social worker and established the standards and educational requirements for the position.

1913

PL 01

Resolve 89

Resolve, to Implement the Recommendations of the Health Care Workforce Steering Committee

Creates a 13 member Health Care Workforce Leadership Council, five appointed by the Governor and four each by the President of the Senate and the Speaker of the House, to address the shortage of skilled health care workers.  Members represent health care employers, health care workers and public and private postsecondary educational institutions.

1924

PL 01 Chap 666

(Signed on April 11, 2002)

An Act to Support a Continuum of Quality Long-term Care Services (Emergency)

Amends how nursing homes are compensated by requiring an annual inflation adjustment, establishing when they can request an interim rate adjustment, and allowing retention of routine component savings as long as they are used to pay for direct care.  It also decreases the thresholds for occupancy penalties; requires use of non-DHS employees to hear appeals for nursing facility cost report audit issues; requires a biennial funding report for nursing facilities and PNMIs that compares the amounts that would be required to fully fund the facilities, the amounts requested in the Governor’s budget and the amounts actually allocated; and requires DHS, the Maine Health Care Association and providers of long-term care services to report on the fiscal health of the system by January 15, 2003.

1933

PL 01 Resolve 114

(Signed on April 11, 2002)

Resolve, Establishing the Blue Ribbon Commission to Address the Financing of Long-term Care (Emergency)

Establishes a 21-member commission to investigate and analyze the future costs of providing long-term care to elderly and people with disabilities and to recommend an integrated system of financing the projected costs of these services.  An interim report to the Legislature and Long-term Care Implementation Committee is due by November 6, 2002 and a final report with recommended legislation by November 6, 2003.  Represented on the commission are insurance carriers, business, labor, providers of long-term care, hospitals, physicians, financial institutions, advocates for the elderly, people with disabilities and with Alzheimer’s Disease, providers of homecare, legal and ombudsman services, and members of the Senate and House along with DHS Commissioner and Treasurer of the State.

1934

PL 01

Resolve 94

(Signed on April 3, 2002)

Resolve, to Provide Access to Personal Care Assistant Home Care Services (Emergency)

Requires DHS, in consultation with providers, consumers, family members and advocates, to review the rules governing personal care assistants and how they are paid and to report to the Long-term Care Implementation Committee on how the rules should be revised to help alleviate the severe shortage of PCAs for home care.  DHS and the Implementation Committee are to report jointly to the Committee on Health and Human Services by January 15, 2003 about remedial actions taken.

1938

PL 01 Chap 487

An Act to Make Changes to the Respite Care Fund Administered by the Department of Human Services

Allows DHS the flexibility to use a portion of the Alzheimer’s Disease Respite Care Fund as part of the match for the new federal National Family Caregiver Support Program when necessary.

1989

PL 01

Chap 552

An Act Regarding Criminal History Record Checks

Among other provisions, there is one making it clear that the State Bureau of Identification may charge a fee to governmental and non-governmental agencies for each requested criminal history record check for non-criminal justice purposes and that the requestor must supply a name and date of birth for each record requested.

1997

PL 01 Chap 531

An Act Regarding Fire Safety Laws for Residential Care Facilities

Clarifies certain fire safety requirements residential care facilities must meet in order to be certified prior to licensing.  It eliminates  conflicting state statutes that have the effect of increasing requirements beyond the Code and provides a more objective measure of evacuation capability in the event of a fire.

2007

PL 01 Resolve 85

(Signed March 25, 2002)

Resolve, to Address the Crisis in Direct-care Staff in the Long-term Care System (Emergency)

Requires DHS, the Department of Education and State Board of Nursing to collaborate on adoption or amendment of rules relating to the training and certification of unlicensed direct-care staff that will help alleviate the acute shortage of qualified unlicensed direct-care workers in the long-term care system.  Also requires DHS to convene a meeting of interested parties to work together to conduct a public awareness campaign about career opportunities in the field.  DHS must report to the Committee on Health and Human Services on both initiatives by December 15, 2002.

2019

PL 01 Chap 539

An Act to Protect Victims of Domestic Violence, Sexual Assault and Stalking

Establishes the Address Confidentiality Program under which agencies can arrange to provide address confidentiality for victims of domestic violence, sexual assault and stalking and accept the use of an address designated by the Secretary of State as a substitute mailing address for an individual needing protection.

2026

PL 01 Chap 691

An Act to Transfer Responsibility for Determining Eligibility for the Elderly Low-cost Drug Program from the Department of Administrative and Financial Services to the Department of Human Services

Transfers responsibility for determining eligibility for the low-cost drug program from the Bureau of Revenue Services in DAFS to the Bureau of Family Independence in DHS in order to better coordinate the program with the Healthy Maine Prescription and Maine Rx Programs.  The transfer will be completed by
January 1, 2003.

2045*

ONTP*

An Act to Enhance Consumer-directed Personal Assistance Services for Maine Citizens with Disabilities

Transferred the administration of the state and MaineCare (formerly Medicaid) funded consumer-directed personal assistance programs for people with disabilities from the DHS Bureau of Elder and Adult Services to the Department of Labor Bureau of Rehabilitation Services.  See LD 2080 for budget item.

2050

PL 01

Resolve 90

(Signed March 28, 2002)

Resolve, Regarding Legislative Review of Chapters I to IV: Regulations Governing the Licensing and Functioning of Assisted Living Facilities, a Major Substantive Rule of the Department of Human Services (Emergency)

Gave final approval to these rules which had been provisionally adopted in January, 2002, with the provision they are amended to require assisted living facilities to give new residents the Long-term Care Ombudsman Program brochure and to post copies of survey results in a common area.  The amendments were made and the rules became final March 28, 2002.

2080

PL 01 Chap 559

(Signed March 25, 2002)

An Act to Make Supplemental Appropriations and Allocations for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2002 and June 30, 2003 (Emergency)

- Transfers funds in 2003 from the state funded Home Based Care Program to MaineCare (formerly Medicaid) so that eligible consumers can receive MaineCare funded Private Duty Nursing Personal Care Assistant benefits, resulting in a projected $1,200,000 saving in the General Fund.

 - Beginning in SFY 2003, funds two Human Services Caseworker positions and 20 additional hours for a Social Services Program Specialist II needed to comply with requirements of the AMHI Consent Decree.

  - Deappropriates $400,000 in 2003 from the DHS Purchased Social Services Fund to cover a 4% cut in administrative costs in agencies receiving the funds.  

 - Deappropriates $238,463 in 2002 from BEAS Homemaker program based on funds unspent due to shortage of homemakers.

 - Deappropriates $120,357 in 2003 from BEAS based on anticipated contract balances carried over.

 - Deappropriates $746,805 in 2002 and 2003 from Home Based Care based on contract balances carried over.

 - Deappropriates $96,774 in 2002 from Congregate Housing surplus due to late start-up of assisted living facilities.

(Budget items are continued on next page.)

 - Deappropriates a total of $551,794 from DHS  in All Other from the General Fund for 2002 which contains $34,827 from BEAS, $14,516 from Congregate Housing and $3,599 from Home Based Care, as part of a 2% reduction levied on various departments and agencies statewide.

 - Enacts a provision making it possible for DHS to impose a penalty for the transfer of certain assets by residents seeking MaineCare coverage in cost-reimbursed boarding homes.

 - Transfers the Consumer-directed Home Based Care Program and its funding from DHS, Bureau of Elder and Adult Services to Department of Labor, Bureau of Rehabilitation Services by repealing 22 MRSA § 5107-C thru H and replacing by enacting 26 MRSA§1412-G.

 - Gives DHS the authority to provide a limited respite benefit for MaineCare Private Duty Nursing Personal Care Assistance Benefits consumers, provided funds are available and there is no waiting list for Home Based Care.  Also gives DHS authority to amend rules for Private Duty Nursing/PCA Benefits to create an additional level of care to accommodate members whose care needs exceed the current allowable monthly expenditure.

2113

PL 01 Chap 650

(Signed April 9, 2002)

An Act to Improve Access to Prescription Drugs for Persons who are Elderly or Disabled (Emergency)

Requires DHS to consider submitting a waiver application to the Centers for Medicare and Medicaid (CMS) for permission to amend its current or a pending waiver to raise the income limit for eligibility to 200% of the federal poverty level, expand coverage to include the full range of prescription drugs provided under the Medicaid program, and give equitable treatment to prescription medications for cancer, Alzheimer’s disease and behavioral health.  DHS must inform the Committee on Health and Human Services of a decision not to apply 30 days before acting on it and provide a detailed analysis of the reason for the decision.  Also requires DHS to report to the Committee by January 12, 2003, on the status of a waiver request.

2195

PL 01 Chap 596

An Act to Implement the Recommendations of the Commission to Study Assisted Living

Repeals 22 MRSA Chapter 1665 Assisted Living Programs, as amended, and enacts in its place 22 MRSA Chapter 1664 Assisted Housing Programs.  Chapter 1664 contains new definitions and standards for licensing of assisted housing and clarifies aging-in-place as it applies to assisted housing.