Resolve, To Require Cost Neutrality and Appropriateness of Assisted Living Medication Courses
Maine Legislature, Session 121, LD 1666
Committee: Health and Human Services
Sponsors: DAGGETT, CRAVEN, DUNLAP, WALCOTT

Legislative Document 
No. 1666 
H.P.1242 
House of Representati ves, December 19, 2003 
Resolve, To Require Cost Neutrality and Appropriateness of 
Assisted Living Medication Courses 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16, 2003. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representati ve LERMAN of Augusta. 
Cosponsored by President DAGGETT of Kennebec and 
77/~ 
frl.1l!t2£:~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRAVEN of Lewiston, DUNLAP of Old Town, WALCOTT of Lewiston. 
Printed on recyded paper 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
of 
the 
days 
after 
Whereas, funds for services for adults and children with 
mental retardation and other cognitive disabilities and mental 
illnesses have been either frozen or reduced due to recent state 
budgetary constraints; and 
Whereas, the Department of Human Services has increased the 
overall costs of providing those services with recent revisions 
to the medication course required to be taken by personnel of 
assisted living facilities for persons with mental retardation 
and mental illnesses; and 
Whereas, this action was undertaken by the Department of 
Human 
Services 
without 
consultation 
with 
the 
Department 
of 
Behavioral and Developmental Services regarding fiscal impact; and 
Whereas, such increased program costs were not included in 
community budgets developed by the Department of Behavioral and 
Developmental Services; and 
Whereas, these costs impose a significant financial burden 
on 
the 
community-based 
private 
agencies 
that 
are 
already 
struggling 
to 
meet 
other 
uncontrollable 
costs 
of 
providing 
services, 
including rising health insurance premiums, 
property 
insurance premiums and housing costs; 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. Medication course. Resolved: 
That the Department of 
Human Services and its designee or successor shall revise the 
course curriculum required for persons administering medications 
in assisted living settings that 
serve 
persons 
with mental 
retardation and mental illnesses to ensure that the course is 
appropriate for the population served by each facility. 
Any 
changes from the course that was in effect prior to September 1, 
2003 may not impose any new or additional costs on providers of 
services, unless the increased costs are funded by the Department 
of Human Services. 
The requirement of cost neutrality does not 
apply retroactively to costs already incurred by providers prior 
to the effective date of this resolve, but applies upon enactment 
of this resolve. 
The Department of Human Services shall convene 
a working group to revise the course that includes the Department 
of Behavioral and Developmental Services and representatives of 
the statewide associations that represent providers of mental 
retardation and mental health services. 
Page l-LR2469(1) 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
On 
September 
1, 
2003, 
the 
Department of 
Human 
Services 
revised 
the 
content 
and 
duration 
of 
the 
course 
curriculum 
required for persons administering medications in assisted living 
settings. 
This resolve requires the Department of Human Services 
to 
revise 
the 
course to 
ensure its appropriateness 
for 
the 
population served, 
and either to ensure cost neutrality or to 
provide reimbursement for the added costs from the effective date 
of this resolve.