Resolve, Regarding Legislative Review of Chapter 113: Rules and Regulations Governing the Licensing and Functioning of Assisted House Programs, a Major Substantive Rule of the Department of Human Services, Bureau of Elder and Adult Services
Maine Legislature, Session 121, LD 1580
Committee Amendment CA_A_H514 (House)

/I 
COMMITTEE AMENDMENT" 
"to H.P. 1153, L.D. 1580, "Resolve, 
Regarding 
Legislative 
Review 
of 
Chapter 
113: 
Rules 
and 
Regulations Governing the Licensing and Functioning of Assisted 
House Programs, 
a Major Substantive Rule of the Department of 
Human Services, Bureau of Elder and Adult Services" 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, Regarding Legislative Review of Chapter 113: Rules and 
Regulations Governing the Licensing and Functioning of Assisted 
Housing Programs, a Major Substantive Rule of the Department of 
Human Services, Bureau of Elder and Adult Services' 
Further amend the resolve by striking out all of section 1 
and inserting in its place the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Chapter 
113: 
Rules 
and 
Regulations 
Governing 
the 
Licensing 
and 
Functioning of Assisted Housing Programs, a provisionally adopted 
major 
substantive rule of the Department of 
Human 
Services, 
Bureau of Elder and Adult Services that has been submitted to the 
Legislature for review pursuant to the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A, is authorized provided the 
following 
changes are made in the rules for assisted living 
programs and residential care. 
1. 
Rule 
2.7, 
defining 
"applicant" 
for 
the 
rules 
for 
assisted 
living 
programs 
and 
the 
corresponding 
rules 
for 
residential care, must be changed to require that the lease 
agreement, contract or other agreement delineate the roles and 
duties under these rules. 
Page l-LR2103(2) 
COMMITTEE AMENDMENT 
COMMITTEE l\MENIJMENT "#" to H.P. 1153, L.D. 15BO 
2. 
Rule 2.8.2, defining "assisted living program" for the 
rules for assisted living programs and the corresponding rules 
for residential care, must be changed to specify the 2 levels of 
nurs~ng services: 
services of a registered professional nurse; 
and registered professional nurse coordination and oversight. 
3. 
Rule 
2.12, 
defining 
"consumer" 
for assisted living 
programs only, must be adopted using the proposed definition of 
"resident" and the rules must be renumbered to run sequentially. 
4. 
Rule 
2.44, 
defining "resident" 
for assisted living 
programs only, must be changed to remove "or tenant." 
5. 
Rule 3.4.4, on application and licensure, for assisted 
living programs and the corresponding rules for residential care 
must be changed to provide that the policy on admission and scope 
of services must describe the scope of nursing services. 
6. 
Rule 3.22, on actions requiring prior written approval, 
must be changed to require prior approval only for common dining 
rooms and public bathrooms. 
7. 
Rule 3.25.2, on signing a contract, for assisted living 
programs and the corresponding rules for residential care must be 
changed to delete all reference to the standard contract. 
8. 
Rule 3.25.3, on provisions of contract, for assisted 
living programs and the corresponding rules for residential care 
must be changed to delete all reference to the standard contract. 
9. 
Rule 5.12, on the right to confidentiality, for assisted 
living programs and the corresponding rules for residential care 
must 
be 
changed 
to 
allow 
access 
to 
confidential 
consumer 
information as 
authorized by 
any other 
applicable state or 
federal law and to require the release form to comply with the 
requirements of rule and law. 
10. 
Rule 
5.20, 
on 
the 
right 
to 
refuse 
treatment 
or 
services, 
for assisted living programs 
and the corresponding 
rules for residential care must be changed to delete reference to 
ensuring that 
a 
consumer receives necessary services and to 
include instead reference to encouraging the consumer to receive 
necessary services. 
11. 
Rule 
5.26, 
on 
reasonable 
modifications 
and 
accommodations, 
for 
assisted 
living 
programs 
and 
the 
corresponding rules for residential care must be 
changed to 
provide that the responsibility for reasonable modification and 
accommodation 
applies 
to 
the 
licensee, 
who 
may 
permit 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. n· to H. P. 1153, L. D. 1580 
modification directly or through an agreement with the property 
owner. 
12. 
Rule 
5.28, 
on the right to 
appeal 
an involuntary 
transfer or discharge, 
for assisted living programs 
and the 
corresponding rules for residential care must be changed to allow 
appeal of a transfer or discharge for reasons of nonpayment and 
to provide an expedited appeal .. 
SUMMARY 
This amendment details changes in the proposed rules for 
assisted housing programs and residential care. 
The changes are 
required for the rules to be approved by the Legislature. 
The 
rules were proposed to the Legislature as major substantive rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/20103 ;::k?ac 
Office of Fiscal and Program Review 
LD 1580 
Resolve, Regarding Legislative Review of Chapter 113: Rules and 
Regulations Governing the Licensing and Functioning of Assisted House 
Programs, a Major Substantive Rule of the Department of Human 
Services, Bureau of Elder and Adult Services 
LR2103(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Human Services can be absorbed by the department utilizing existing 
resources. 
LR2103(2) - Fiscal Note - Page 1 ofl