An Act
Maine Legislature, Session 121, LD 0057
Committee Amendment CA_A_H443 (House)
Amends: 5 MRSA §12004-I, 22 MRSA §5, 22 MRSA §5107-B, 26 MRSA §1412-G

COMMITTEE AMENDMENT "/I,, to H.P. 65, L.D. 57, Bill, 
to Extend the Long-term Care Implementation Committee" 
"An Act 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Establish the Lonq-term Care Oversiqht Committee' 
Further amend the bill in the emergency preamble by striking 
out all of the 2nd and 3rd paragraphs (page 1, lines 5 to 11 in 
L.D.) and inserting in their place the following: 
'VVhereas, 
the 
law 
authorizing 
the 
Long-term 
Care 
Implementation Committee, 
Public 
Law 
1999, 
chapter 
731, 
Part 
BBBB, section 15 was repealed on January 1, 2003; and 
VVhereas, the establishment of a 
new committee to oversee 
long-term care is required on a timely basis to continue the work 
of the Long-term Care Implementation Committee; and' 
Further amend the bill by striking out all of sections 1 and 
and inserting in their place the following: 
'Sec. I. 5 MRSA §12004-I, sub-§47-D, as enacted by PL 1997, c. 
665, §l, is repealed. 
Sec. 2. 5 MRSA §12004-I, sub-§47-F is enacted to read: 
47-F. 
Long-term 
Human Services Care Over-
sight Com-
mittee 
NQ!. 
Authorized 
Page l-LR0068(2) 
MRSA 
§5l07-J 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·n" to H.P. 65, L.D. 57 
Sec. 3. 22 MRSA §5107-B, as amended by PL 1997, c. 665, §2 
and c. 734, §1, is repealed. 
Sec. 4. 22 MRSA §S107-J is enacted to read: 
§S107-J. 
Long-term Care Oversight Committee 
The Long-term Care Oversight Committee, as established in 
Title 5, section 12004-1, subsection 47-F and referred to in this 
section as 
"the 
committee," 
shall oversee 
the policies 
and 
programs of the department with regard to long-term care for 
adults with disabilities and the elderly, referred to in this 
section as "consumers." 
1. 
Duties. 
The committee shall review the adoption and 
amendment 
of 
rules 
by 
the 
department 
and 
monitor 
the 
implementation of initiatives in long-term care, striving to meet 
the needs of consumers of long-term care services. 
2. 
Membership. 
The committee consists of 17 members. 
A. 
The President of the Senate shall appoint 7 members as 
follows: 
(1) 
One Senator, who is a member of the joint standing 
committee of the Legislature having jurisdiction over 
health and human services matters and who shall serve 
as Senate chair: 
(2) 
Two providers of services to consumers, one of 
whom represents providers of home health services: 
(3) 
Three consumers, 
one of whom is a 
consumer of 
consumer-directed home-based care services: and 
(4) 
One person who 
has 
a 
family member 
who is a 
consumer. 
B. 
The Speaker of the House shall appoint 7 members as 
follows: 
(1) 
Two members of the House of Representatives, one 
of whom is a member of the joint standing committee of 
the Legislature having jurisdiction over health and 
human services matters. 
The first-named HoUse member 
shall serve as House chair: 
(2) 
Two providers of services to consumers, 
one of 
whom represents providers of home health services: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. fr.. to H.P. 65, L.D. 57 
(3) 
Two 
consumers, 
one of 
whom 
is 
a 
consumer 
of 
consumer-directed home-based care services; and 
(4) 
One 
person 
who 
represents 
the 
long-term 
care 
Qmbudsman prQgram established pursuant to sectiQn 5106, 
subsectiQn 11-C. 
C. 
The GQvernQr shall appoint 3 members as follows: 
(1) 
One person whQ 
represents the area agencies on 
aging; 
(2) 
One person whQ 
represents persQns and families 
afflicted with Alzheimer's disease Qr dementia; and 
(3) 
One persQn whQ represents a statewide QrganizatiQn 
representing persQns with disabilities. 
3. 
Tenns. 
The terms of appointment are fQr 4 years, except 
that 1/2 Qf the first-apPQinted members shall serve fQr 2 years. 
Members may serve 2 
terms 
and may cQntinue tQ serve at the 
expiratiQn Qf a term until their successQrs are apPQinted. 
4. 
Meetings; staffing. 
The cQmmittee shall meet at least 8 
times per year 
and may 
meet as Qften as necessary fQr 
the 
perfQrmance of its duties. 
The department shall provide staffing 
services as determined by the cQmmittee tQ be necessary. 
5. 
Voluntary 
service. 
CQmmittee 
members 
serve 
Qn 
a 
vQluntary 
basis 
and 
are 
nQt 
entitled 
to 
reimbursement 
for 
expenses Qr fQr performance Qf their duties. 
6. 
Report. 
The cQmmittee shall report each year by January 
15th tQ the jQint standing committee of the Legislature 
having 
jurisdictiQn Qver health and human services matters 
and 
may 
submit legislatiQn tQ the Legislature at this time. 
The repQrt 
must 
include 
recQmmendatiQns 
Qf 
the 
cQmmittee, 
including 
legislation, and an evaluatiQn Qf the status Qf the lQng-term 
care system in the State. 
Sec. 5. 26 MRSA §1412-G, sub-§5, 1[A, as enacted by PL 2001, c. 
559, Pt. BB, §4, is amended to read: 
A. 
The commissioner shall: 
(1) 
Ensure the input of consumers of those services. 
The commissioner may seek input through one or more 
public hearings or by other means determined reasonable 
by the commissioner; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "{t,, to H.P. 65, L.D. 57 
(2) 
Seek advice and input from the Long-term Care 
Stee!'iR~ Oversight Committee established in Title 22, 
section §~Q+-~ 5l07-J to determine whether the rates of 
reimbursement are sufficient for consumers to recruit, 
hire and retain personal care assistants.' 
SUMMARY 
This amendment establishes a 
new Long-term Care Oversight 
Committee to replace the Long-term Care Steering Committee, which 
is 
discontinued 
by 
the 
amendment, 
and 
the 
Long-term 
Care 
Implementation Committee, which was discontinued on January 1, 
2003. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Study 
Revised: 05/09/03 ~aC!. 
Office of Fiscal and Program Review 
LD57 
An Act to Establish the Long-term Care Oversight Committee 
LR 0068(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
The projected costs to fund the general operating expenses of this study are $2,520 in fiscal year 2003-04, $2,190 in 
fiscal year 2004-05, $2,520 in fiscal year 2005-06 and $2,190 in fiscal year 2006-07. The Legislature has budgeted 
$30,000 in fiscal year 2003-04 and $20,000 in fiscal year 2004-05 for legislative studies. Whether the amounts are 
sufficient to fund all studies will depend on the number of studies authorized by the Legislative Council and the 
Legislature. 
Fiscal Detail and Notes 
The Department of Human Services will meet its staffing requirements for the new Committee by continuing to 
contract with the USM Muskie Institute for services similar to those currently provided to staff the Long-term Care 
Implementation Committee (sunset on 1/1/03). Any additional costs to the Department can be absorbed utilizing 
existing resources budgeted for the contract with the Muskie Institute. 
LR0068(2) - Fiscal Note - Page 1 of I