An Act to Preserve the Role of Assisted Living LR 1541(02)
Maine Legislature, Session 121, LD 1197
Committee Amendment CA_A_S236 (Senate)
Amends: 22 MRSA §7807, 22 MRSA §7853

COMMITTEE AMENDMENT "A" to S.P. 403, L.D. 1197, Bill, "An 
Act To Preserve the Role of Assisted Living" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 22 MRSA §7807 is enacted to read: 
§7807. 
License not regyired 
A license is not required to operate an independent housing 
with services program, as defined in section 7852. 
Sec. 2. 22 MRSA §7853, first" as enacted by PL 2001, c. 596, 
Pt. A, §l and affected by Pt. B, §25, is amended to read: 
The commissioner shall adopt rules for licensed assisted 
housing programs. 
Rules adopted pursuant to this section are 
major substantive rules as defined in Title 5, 
chapter 375, 
subchapter ±±-A 2-A. 
Sec. 3. 22 MRSA §7853, sub-§§5 and 6, as enacted by PL 2001, c. 
596, Pt. A, §l and affected by Pt. B, §25, are amended to read: 
Page l-LR1541(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A .. to S.P. 403, L.D. 1197 
5. 
Assisted living program rules. 
The commissioner shall 
adopt rules for 
i,BEiepeBEieBt;--b&u&i~-wj,.t;h.-.s@.£¥..i€@.s--p-r-Ggl"-ams--aBEi 
assisted living programs. 
In addition to the subject matter of 
rules listed in subsection 2, 
the rules must 
recognize 
and 
promote the efficiencies inherent in providing services in the 
applicable 
setting 
with 
respect 
to 
staffing 
and 
other 
responsibilities, while ensuring quality of care and safety. 
The 
rules must set requirements and standards for services rendered 
in the applicable settings that recognize the differences between 
those settings and private homes served pursuant to chapter 419. 
The rules must permit staff in assisted REnl.si,B~ living programs 
to be shared in accordance with section l8l2-C, subsection 6-1. 
and section 7914. 
6. 
Applicability of residents' rights rules. 
Any rules 
adopted pursuant to this section pertaining to residents' rights 
are applicable to iBEiepeBEieB~-k~~6..i~~-~~~~~~-p~~&-aBEi 
licensed assisted ~i,YiB~ housing programs. 
Sec. 4. 22 MRSA §7853, sub-§7 is enacted to read: 
7. 
Relationship to tax credit financing. 
In adopting rules 
under this section, the department shall give due consideration 
to and shall avoid conflicts with the reguirements of the federal 
Internal 
Reyenue 
Code 
and 
regulations 
promulgated 
under 
the 
federal Internal Reyenue Code and any other reguirements imposed 
by 
the 
Internal 
Revenue 
Service 
when 
financing 
based 
on 
low-income 
housing tax credits is utilized for 
the 
housing 
component of assisted living programs. 
Sec. 5. Tax credit financing. 
By October 1, 2003, the Maine 
State Housing Authority shall file a request with the Internal 
Revenue Service for a private letter ruling regarding compliance 
with applicable provisions of Section 42 of the federal Internal 
Revenue Code and regulations promulgated under that section for 
the 
housing 
component 
of 
assisted 
living programs 
as 
such 
compliance pertains to rulemaking by the Department of Human 
Services 
for 
assisted 
living 
programs. 
In 
developing 
the 
request, the Maine State Housing Authority shall consult with the 
Department 
of 
Human 
Services, 
providers 
of 
assisted 
living 
programs that utilize financing based on low-income housing tax 
credits 
and 
representatives 
of 
lenders 
and 
investors 
in 
affordable 
assisted 
living 
programs 
financed 
by 
low-income 
housing tax credits. 
Within 3 months of receiving guidance from 
the Internal Revenue Service, the Maine State Housing Authority 
and the Department of Human Services shall report to the joint 
standing committee of the Legislature having jurisdiction over 
health and human services matters regarding that guidance and any 
recommendations for legislation or rulemaking. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 403, L.D. 1197 
Sec. 6. Landlord-tenant responsibilities. 
The Department of Human 
Services and the Maine State Housing Authority shall work with 
representatives of assisted living program providers, consumers, 
consumer 
advocates 
and 
entities 
providing 
financing 
through 
low-income 
housing 
tax 
credits 
on 
landlord-tenant 
responsibilities in assisted living programs. 
The goal is to 
develop a common and consistent process and operative rules for 
the lease, termination of the lease, transfer of a consumer and 
discharge of a consumer. 
The Department of Human Services and 
the Maine State Housing Authority shall report to the Joint 
Standing Committee on Health and Human Services by January 15, 
2004 on their progress on issues related to the landlord-tenant 
responsibilities in assisted living programs. 
Sec. 7. Rulemaking. 
The Department of Human Services shall 
amend the rules for independent housing with services programs 
that receive funding from the Bureau of Elder and Adult Services 
to provide for copayrnent requirements of not less than 20°1> and 
not more than 40°1> of the cost of services. 
Notwithstanding the 
provisions of Public Law 1999, chapter 4, Part N, 
section 2, 
rules adopted pursuant to this section are routine technical 
rules as defined in the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-11..' 
SUMMARY 
This 
amendment 
replaces 
the bill. 
It clarifies that 
a 
license is not required to operate an independent housing with 
services program. 
It clarifies that the rules that apply to 
assisted living programs do not apply to independent housing with 
services programs. 
It requires that rules for assisted living 
programs be consistent with federal tax requirements for projects 
financed by low-income housing tax credits. 
It requires the 
Maine State Housing Authority to apply for 
a 
private letter 
ruling regarding tax credit financed projects and the rules of 
the Department of Human Services and requires a report to the 
joint standing committee of the Legislature having jurisdiction 
over 
health 
and 
human 
services 
matters. 
It 
requires 
the 
Department 
of 
Human 
Services 
and 
the 
Maine 
State 
Housing 
Authority to work with interested parties 
on landlord-tenant 
responsibilities as they pertain to assisted living programs. 
It 
directs the Department of Human Services to amend the rules for 
independent 
housing 
with 
services 
programs 
to 
allow 
for 
copayrnents of 20% to 40% of the cost of services. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/20/03 wac 
Office of Fiscal and Program Review 
LD 1197 
An Act to Preserve the Role of Assisted Living 
LR 1541(02) 
Fiscal Note for Bill as Amended by Committee Amendment ?4' S .~~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Maine State Housing Authority and the Department of Human Services can be absorbed 
utilizing existing resources. 
LR154H2) - Fiscal Note - PaQ:e 1 of 1