Copies of all chapters in this list are available from the Engrossing Department in
Room 106 in the State House, (207) 287-1649.
If you have questions, get in touch with Betty Forsythe at the Bureau of
Elder and Adult Services. Phone numbers
are:
(207) 287-9200 Toll free nationwide: 1-800-262-2232 Toll free statewide TTY: 1-888-720-1925
| LD # | Decision | Title and Comment |
|---|
| 159 Carried over from 03 |
PL 03 Chap 514
Effective 2/11/04 |
An Act To Refine the Criteria for Issuing a Certificate of Need (Emergency)
Requires that applications for Certificates of Need be judged in reference to the state health plan, data from the Maine Health Data Organizations and other data available to the commissioner of DHS. Particular weight must be given to information that the proposed services are innovations in high quality health care delivery, that the proposed health services are not reasonably available in the proposed area and that the facility proposing the new health services is designed to provide excellent quality. |
| 584 Carried over from 03. |
PL 03 Chap 621 |
An Act To Strengthen the Maine Certificate of Need Act of 2002
Makes it possible for a hospital in the process of becoming a critical access hospital as well as a critical access hospital to convert licensed acute care beds to hospital swing beds without going through Certificate of Need. |
| 673 |
PL 03 Chap 697 |
An Act To Increase Maine's Minimum Wage
Increases the state's minimum wage to $6.35 an hour starting 10/1/04 and to $6.50 an hour starting 10/1/05. |
| 1090 Carried over from 03. |
PL03 Resolve 113 |
Resolve, To Promote Recruitment and Retention of Direct-Care Workers in Long-term Care in Maine
Directs Bureau of Elder and Adult Services, DHS to work with the Direct-Care Worker Coalition, direct-care workers, consumers, consumer representatives, providers and other interested parties to discuss the recruitment and retention of direct-care workers in long-term care and develop a report to be submitted to the Committee on Health and Human Services by January 15, 2005. The report must cover wage, benefit and reimbursement structures for direct care workers, options for achieving parity with other Long-term Care programs for adults and children with developmental disabilities, a review and explanation of provider administrative expenses, priorities for achieving funding and recommendations for legislation. |
| 1341 Carried over from 03 |
PL 03 Resolve 109
Effective 3/10/04 |
Resolve, Directing the Department of Human Services To Adopt Rules To Reduce Regulatory Burdens on Home Health Agencies (Emergency)
Directs DHS to amend the rules regarding medical assessments for long-term home health care services reimbursed under MaineCare Section 40 to extend the prior authorization period from 60 to no more than 120 days. The resulting rule must be cost neutral to the program. |
| 1563 Carried over from 03. |
PL 03 Chap 546 |
An Act Regarding Standard Contracts for Assisted Living Services
Provides that a contract or agreement for assisted living services must contain the provisions designated as required in the standardized contract adopted by DHS by rule pursuant to a law adopted in 1999. Such agreements may also contain other provisions as long as they do not violate state or federal law or regulations. |
| 1579 |
PL 03 Chap 672 |
An Act To Promote the Financial Security of Maine's Families and Children
Provides forDefines domestic partner and provides for domestic partners in certain provisions of the Probate Code and in the laws governing custody of remains of deceased persons. |
| 1681 |
PL 03 Chap 684 |
An Act To Make Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded Major Substantive Rules
Labels the rules for ICF/MR facilities as major substantive and corrects wording and punctuation in the section on these rules. |
| 1748 |
PL 03 Chap 612
Effective 4/9/04 |
An Act To Amend the Rule-making Authority of the Department of Human Services to Ensure Cost-effective Operation of State Medical Services Programs and Compliance with Federal Requirements (Emergency)
Gives the Bureaus of Family Independence and Medical Services in DHS the authority to adopt rules having retroactive application for up to a two-year period prior to their adoption to comply with federal requirements or maximize federal revenue. Such rules may not have an adverse impact on providers or members. This authority is repealed 7/1/06. |
| 1753 |
PL 03 Chap 634 |
An Act To Improve Quality and Safety in Long-term Care
Prohibits personal care agencies, home health providers and adult day programs from hiring as unlicensed direct-care workers individuals who have been convicted of certain crimes or who are Certified Nursing Assistants with a notation of substantiated abuse, neglect or misappropriation of property on the CNA Registry. It also provides penalties for a personal care agency that violates the employment provisions; and directs the Long-term Care Oversight Committee to report to the Committee on Health and Human Services by 3/1/2005 on methods of conducting criminal history checks for direct-care workers and to recommend strategies for the establishment of a registry for all unlicensed assistive personnel that can be self-supporting and easily accessible to users. |
| 1765 |
PL 03 Chap 653 |
An Act To Clarify Responsibilities under the Adult Protective Services Act
Strengthens the reporting provisions in the law by requiring that mandated reporters make reports directly to BEAS without going through a supervisor or administrator so that the accuracy and timeliness of reports will be improved. It also clarifies BEAS' ability to receive confidential and privileged information about individuals the agency is assisting in order to better serve them and adds language regarding privileged and confidential communications that parallels the reporting provisions of the Child Protection Act and that better defines the population served under the act. |
| 1890 |
PL 03 Chap 667 |
An Act To Ensure Disclosure of Prescription Drug Prices
With certain exceptions requires that drug manufacturers doing business in Maine report and certify to the Department of Human Services, for each of their drugs, the actual average wholesale price and the wholesale acquisition cost and the average manufacturer price and the best price as defined by federal law. The exceptions restrict application of the law to manufacturers of drugs dispensed under a health program directed or administered by the State and prohibit disclosure of information by the department except in certain court-related situations. |
| 1913 |
PL 03 Chap 689
Effective 5/6/04 |
An Act To Establish the Department of Health and Human Services (DHHS) (Emergency)
This act established the Department of Health and Human Services, which will assume the duties of the Departments of Human Services and Behavioral and Developmental Services; provided for the governor to appoint a commissioner subject to review by the Committee on Health and Human Services; adopted principles to guide the new department; specified transition activities; and set a schedule for implementation. The commissioner of DHHS must make a report to the governor and the Committee on Health and Human Services by 1/31/05 with recommendations and any necessary legislation regarding bureau structure, administrative structure and functions; program and service delivery functions; advisory boards and the child welfare ombudsman program. By 11/30/05 the commissioner and Committee on Health and Human Services must agree on the format and organization of DHHS. By 11/30/06 the commissioner must submit legislation to the First Regular Session of the 123rd Legislature to implement the agreed upon format and organization. |
| 1916 |
PL 03 Chap 688
Effective 5/6/04 |
An Act to Correct Errors and Inconsistencies in the Laws of Maine (Emergency)
An Act To Make Emergency Changes to Recent Law (Emergency)In this 49-page law Section C-12 on page 26 pertains to BEAS Assisted Living Licensing Services. The definition of assisted living services is amended to clarify that there are three levels. That definition now reads:"Assisted living services means the provision by an assisted housing program, either directly by the provider or indirectly through contracts with persons, entities or agencies, of assisted housing services, assisted housing services with the addition of medication administration or assisted housing services with the addition of medication administration and nursing services." |
| 1919 |
PL 03 Chap 673 |
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, 2004 and June 30, 2005.
- Deappropriates a total of $2,519,666 from the totally state-funded Home Based Care Program.
- Deappropriates $800,000 from the Independent Housing with Services Program (formerly Congregate Housing Services Program).
- As of the effective date of this law (7/30/04) transfers administration of the two MaineCare funded Consumer Directed Personal Assistance Services programs for persons with disabilities from the Department of Labor back to the Department of Health and Human Services. Also requires studies on 1) reimbursement rates under the consumer-directed state funded Home Based program (DOL);2 ) direct care worker payment, benefit, recruitment and retention issues, provider and coordinating agency administrative costs and recommended legislation (BEAS and Direct Care Worker Coalition ); 3) strategies for improving services and an intake system for consumers (DHHS to convene a work group); and 4) CD-PAS programs, guiding principles for surrogacy and actions to develop use of consumer-directed options (DOL and DHHS). In each case the lead agencies are to involve consumers, providers, advocates and other interested parties in their deliberations.
- Amends PL 03 Chap 507 to clarify that carry-over balances of federal funds received by the Department of Human Services from the federal DHHS Administration on Aging as a result of the Older Americans Act and granted to the Area Agencies on Aging, Maine Alzheimer's Project, Long-term Care Ombudsman Program or Legal Services for the Elderly may not lapse back to the state but must be carried forward by those agencies to carry out the missions of their Older Americans Act programs.
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