An Act Relating to Existing Life-care Communities Licensed by the Superintendent of Insurance LR 1594(02)
Maine Legislature, Session 121, LD 0796
Committee Amendment CA_A_S55 (Senate)

COMMITTEE AMENDMENT "A" to S • P • 275, L.D. 796, Bill, "An 
Act Relating to Existing Life-care Communities Licensed by the 
Superintendent of Insurance" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'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 
community 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 ~Qa ~, 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 
uni ts in the community. 
Any communi ty exempted under Title 22, 
chapter ~Qa ~ 
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 
Page l-LR1594(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to S.P. 275, L.D. 796 
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 
103-A is not entitled to and may not seek any reimbursement 
or financial assistance under the Mea~ea~a MaineCare program from 
any state or federal agency and, as a consequence, that community 
must 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 MaineCare 
program from a state or federal agency may continue to admit 
nonresidents of the community to its skilled nursing facility 
after its first 3 years of operation with the approval of the 
superintendent. 
A life-care community that admits nonresidents 
to 
its 
skilled 
nursing 
facility 
as 
permitted 
under 
this 
subsection may continue to admit nonresidents after its first 3 
years of operation only for such period as approved by the 
superintendent after the superintendent I s consideration of the 
financial impact on the life-care community and the impact on the 
contractual rights of subscribers of the community. I 
SUMMARY 
This 
amendment 
replaces 
the bill. It clarifies 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 MaineCare 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 only for such 
period as approved by the Superintendent of Insurance. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/03 wac:.. 
Office of Fiscal and Program Review 
LD796 
An Act Relating to Existing Life-care Communities Licensed by the 
Superintendent of Insurance 
LR 1594(02) 
Fiscal Note for Bill as Amended by Committee Amendment~" S' -55 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR1594(2) - Fiscal Note - Page 1 of 1