Resolve, To Increase Eligibility for Consumer-directed Personal Care Assistance Services To Promote Independence for Maine Citizens
Maine Legislature, Session 121, LD 1904
Committee: Labor
Sponsors: DAGGETT, KANE, BRENNAN, MARTIN, STANLEY, TREAT, DUGAY, GOODWIN, RICHARDSON, SIMPSON

Legislative Document 
No. 1904 
S.P.748 
In Senate, March 3, 2004 
Resolve, To Increase Eligibility for Consumer-directed Personal 
Care Assistance Services To Promote Independence for Maine 
Citizens 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Labor suggested and ordered printed under Joint Rule 218. 
Presented by President DAGGETT of Kennebec. 
Cosponsored by Representative KANE of Saco and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, MARTIN of Aroostook, STANLEY of Penobscot, 
TREAT of Kennebec, Representatives: DUGAY of Cherryfield, GOODWIN of Pembroke, 
RICHARDSON of Brunswick, SIMPSON of Auburn. 
Printed on recycled paper 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
resolves 
of 
the 
until 
days 
after 
and 
Whereas, persons with disabilities are in need of personal 
care assistance services to aid them in leading productive and 
contented lives; and 
Whereas, passage of this legislation is needed in order to 
bring assistance to disabled persons by July 1, 2004; 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, be it 
Sec. 1. Rulemaking. Resolved: 
That 
by July l, 
2004 
the 
Department of Labor, 
Bureau of Rehabilitation Services shall 
adopt rules for the consumer-directed personal care assistance 
services program under the Maine Revised Statutes, Title 26, 
section 
14l2-G 
in 
order 
to 
increase 
eligibility 
for 
those 
services. 
1. 
Substance of rules. 
Rules adopted pursuant to this 
section must: 
A. 
Reinforce 
individual 
autonomy 
and 
personal 
responsibility; 
B. 
Provide 
for 
simplifying participation, 
be 
based 
on 
consumer medical and service needs and increase wages for 
direct-care workers and provide access to health benefits 
under Dirigo Health Insurance pursuant to the Maine Revised 
Statutes, Title 24-11., section 6910; 
C. 
Provide for 3rd-party review of consumer evaluations and 
expanded real-time reporting on system participants; 
D. 
Provide for services at the following 3 levels: 
(1) 
Up to 20 hours per week; 
(2) 
Up to 35 hours per week; and 
(3) 
Up to 50 hours per week; 
E. 
Encourage 
the 
use 
of 
the 
consumer-directed 
program 
through incentives for participation, an active marketing 
campaign and promoting consideration of the program as the 
choice for appropriate consumers when preference for another 
form of service delivery is not stated; 
F. 
Provide 
for 
acceptance 
by 
the Department of 
Labor, 
Bureau of Rehabilitation Services of 
a 
consumer's 
l~gal 
guardian, family member, or other person identified in the 
consumer's plan of service as a surrogate decision maker to 
assume responsiblity for performing management tasks that 
the consumer is unable to perform. 
The surrogate may not be 
a 
personal assistant to the 
consumer or 
an employee or 
contractor of a provider agency. 
The surrogate must live in 
proximity to the consumer and must be readily available to 
perform the tasks assigned to the surrogate in the plan of 
service; and 
G. 
Provide 
for 
bifurcated 
responsibility 
for 
consumer-directed 
personal 
assistance 
services, 
wi th 
independent living alternatives managed by the Department of 
Labor, 
Bureau of Rehabilitation Services and health care 
alternatives managed by the Department of Human Services, 
Bureau of Elder and Adult Services. 
2. 
Procedure. 
Rules adopted pursuant to this section are 
routine technical rules as defined in the maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This 
resolve directs the Department of Labor, 
Bureau of 
Rehabilitation Services 
to 
adopt 
rules 
by July 
1, 
2004 
to 
increase eligibility for 
and access 
to 
the consumer-directed 
personal care assistance services program.