An Act Relating to Existing Life-care Communities Licensed by the Superintendent of Insurance
Maine Legislature, Session 121, LD 0796
Committee: Insurance and Financial Services
Sponsors: BROMLEY, CURLEY
Amends: 24-A MRSA §6203

Legislative Document 
No. 796 
S.P.275 
In Senate, February 20, 2003 
An Act Relating to Existing Life-care Communities Licensed by the 
Superintendent of Insurance 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative CURLEY of Scarborough. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 24-A MRSA §6203. sub-§6. as amended by PL 1997, c. 
478, §l, is further amended to read: 
6. 
Provision of 
services 
to 
nonresidents. 
The 
final 
certificate of authority must state whether any skilled nursing 
facility that is part of a life-care community or a continuing 
care retirement community may provide services to persons who 
have not been bona fide residents of the community prior to 
admission to the skilled nursing facility. 
If the life-care 
communi ty or the continuing care retirement community admits to 
its skilled nursing facility only persons who have been bona fide 
residents of the community prior to admission to the skilled 
nursing 
facility, 
then 
the 
community 
is 
exempt 
from 
the 
provisions of Title 22, chapter lG~ 103-A, but is subject to the 
licensing provisions of Title 22, chapter 405, and is entitled to 
only one skilled nursing facility bed for every 4 residential 
units in the community. 
Any community exempted under Title 22. 
chapter 
lG~ 103-A may admit nonresidents of the community to its 
skilled nursing facility 
only 
during 
the first 
years 
of 
operation. 
For 
purposes 
of 
this 
subsection, 
a 
"bona 
fide 
resident" means a person who has been a resident of the community 
for-
a period of not less than 180 consecutive days immediately 
preceding 
admission 
to 
the 
nursing facility 
or 
has 
been 
a 
resident of the community for less than 180 consecutive days but 
who has been medically admitted to the nursing facility resulting 
from an illness or accident that occurred subsequent to residence 
in the community. 
Any community exempted under Title 22, chapter 
lG~ 103-A is not entitled to and may not seek any reimbursement 
or financial assistance under the Medicaid program from any state 
or federal agency and, 
as 
a consequence, that communi ty mus t 
continue to provide nursing facility services to any person who 
has been admitted to the facility. 
Notwithstanding this subsection, a life-care community that holds 
a final certificate of authority from the superintendent and that 
was operational on November 18, 
2002 
and that is barred from 
seeking reimbursement or financial assistance under the Medicaid 
program from a state or federal agency may continue to admi t 
nonresidents of the community to its skilled nursing facility 
after its first 3 years of operation. 
SUMMARY 
This bill provides that a life-care community that holds a 
final 
certificate 
of 
authority 
from 
the 
Superintendent 
of 
Insurance and that was operational on November 18, 2002 and that 
is prohibited by the Maine continuing care retirement community 
laws from seeking reimbursement or financial assistance under the 
Medicaid program from a state or federal agency as part of its 
commitment to provide life care to its residents may continue to 
admit nonresidents to its nursing facility after its first 3 
years of operation.