An Act To Preserve the Role of Assisted Living
Maine Legislature, Session 121, LD 1197
Committee: Health and Human Services
Sponsors: MAYO, KANE, BRENNAN, CAMPBELL, EARLE, LEWIN, PERRY
Amends: 22 MRSA §7801, 22 MRSA §7802, 22 MRSA §7853

Legislative Document 
No. 1197 
S.P.403 
In Senate, March 6, 2003 
An Act To Preserve the Role of Assisted Living 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative KANE of Saco and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BRENNAN of Cumberland, Representatives: CAMPBELL of Newfield, EARLE of 
Damariscotta, LEWIN of Eliot, PERRY of Calais. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §7801, sub-§1. as amended by PL 2001, c. 645, 
§§3 and 4 and corrected by RR 2001, c. 2, Pt. A, §36, is further 
amended to read: 
" " 
l8 
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liS 
'12 
1. 
License 
required. 
Except 
as 
provided 
In 
6~B6ee~ieB 
subsections 3 and 6 or section 7805, a person, firm, corporation 
or association may 
not operate 
any of 
the 
following without 
having, subject to this Subtitle and to the rules adopted by the 
department 
under 
this 
Subtitle, 
a 
written 
license 
from 
the 
department: 
A. 
A residential care facility; 
A-I. 
In 
accordance 
with 
subsection 6, an assisted housing program ei~ae~-ai~ee~ly-e~ 
By - -etJi'l-t.£-a-e-t- ~~-di-nq- -t-o- -1,1=& - £e£;iaeRt.£- -any- -o-f- -t;..he- - ~e 1 lew iBEJ 
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a66i6~aBee-~~~€.£~~-1=ae-£;it.€-~-~~~t;..&-ae~6iBEJ 
wit.ae~t.-aBt.aiBiBEJ-a-6e~a~at.e-lieeB6e-~a-ae-6eT 
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aBy-eRe-t.Jffi€-~y-~~~~~~~-t;..~i&-&aB&ee1=ieBr--A 
~~a±i~iea-a££;i£t.€a-h~£~i'l~-~~~~~Bt;..ai~-a-lieeB6e 
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a~~±ieat.ieB-aBa-6~FFeBae~-e~-tae-~Fevie~6-±ieeB6e; 
B. 
A drug treatment center; 
C. 
A children's home; 
D. 
A child placing agency; 
E. 
A child care facility licensed under section 830l-A, 
subsection 2; or 
G. 
An adult day care program. 
Sec. 2. 22 MRSA §7801, sub-§6 is enacted to read: 
6. 
Assisted housing 
programs. 
Licensure 
for 
assisted 
L',l 
housing programs is subject to subsection 1 and this subsection. 
Page l-LR154l (1) 
II) 
II, 
1" 
'1\ 
:(1 
I') 
I 
I" 
+" 
Pt. 
Pt. 
A. 
Licensure 
for 
assisted 
housing 
programs 
must 
be 
available 
by category of housing and 
services provided, 
designated by type of housing and level of services provided 
to the resident. 
B. 
An assisted housing program may hold at anyone time 
only one license. 
C. 
A 
licensed assisted housing 
program 
may 
apply 
for 
licensure under 
a 
different category of service, 
receive 
~val for that level and surrender the previous license. 
D. 
Beginning October 15, 2003, in accordance with section 
7802, 
subsection 1, 
paragraph F, 
licensure for the legal 
enti ty 
providing 
all 
assisted 
housing 
services 
except 
housing is available from the department. 
In applying for 
this 
type 
of 
license, 
the 
applicant 
shall 
provide 
documentation to the department of a legal relationship with 
the owner of the private apartments in which the housing 
will be provided. 
This paragraph does not apply to the 
provision of housing and services 
by 
a 
residential care 
facility. 
Sec. 3. 22 MRSA §7802, sub-§l, F is enacted to read: 
F. 
Beginning October 15, 2003, the department may issue a 
license to a legal entity that offers all assisted housing 
services except housing in accordance with section 7801, 
subsection 6, paragraph D. 
In applying for this type of 
license, the applicant shall provide documentation to the 
department of a 
legal relationship wi th the owner of the 
private apartments in which the housing will be provided. 
This paragraph does not apply to the provision of housing 
and services by a residential care facility. 
Sec. 4. 22 MRSA §7853, sub-§5. as enacted by PL 2001, c. 596, 
A, §l and affected by Pt. B, §25, is repealed. 
Sec. 5. 22 MRSA §7853, sub-§6. as enacted by PL 2001, c. 596, 
A, §l and affected by Pt. B, §25, is amended to read: 
6. 
Applicability of residents' 
rights rules. 
Any 
rules 
adopted pursuant to this section pertaining to residents I 
rights 
are applicable to independent housing with services programs and 
assisted living programs. 
As applicable to an assisted housing 
program that is licensed to provide all services except housing, 
in accordance with section 7801, subsection 6 and section 7802, 
subsection 1, paragraph F, the rules apply only to the services 
for which the assisted housing program is licensed and do not 
apply to the obligations, 
rights 
and responsibilities of the 
owner of the apartments in which the assisted housing program is 
provided or the obligations, rights and responsibilities of the 
resident. 
!, 
Sec. 6. 22 MRSA §7853, sub-§7 is enacted to read: 
R 
7. 
Standards for rules. 
The commissioner shall adopt rules 
for independent housing with services programs, assisted living 
1.0 
programs and residential care facilities. 
Rules adopted pursuant 
to this subsection are major substantive rules as defined In 
L2 
Title 5, chapter 375, subchapter 2-A. The rules must: 
L4 
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U) 
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't I) 
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A. 
Ensure quality of housing and services; 
B. 
Promote efficiency in the provision of 
housing 
and 
services; 
C. 
Recognize the different housing settings and level of 
services provided by the licensee and: 
(1) 
Adapt 
the 
rule 
requirements 
according 
to 
the 
housing settings and level of services; 
( 2) 
Provide 
levels 
of 
personal 
supervision 
that 
accommodate 
the 
level 
of 
services 
offered 
by 
the 
assisted housing program and the needs of the residents 
of the housing; and 
(3) 
As applicable to an assisted housing program that 
is licensed to provide all services except housing, in 
accordance with section 7801, subsection 6 and section 
7802, 
subsection 1, 
paragraph F, 
apply only to the 
services 
for 
which the assisted housing program 
lS 
licensed and may not apply to the obligations, rights 
and responsibilities of the owner of the apartments in 
which the assisted housing program is provided or the 
obligations, 
rights 
and 
responsibilities 
of 
the 
resident; 
D. 
Permit staffing in assisted living programs to be shared 
with 
nursing 
facilities 
pursuant 
to 
section 
1812-C, 
subsection 6-A and with residential care facilities pursuant 
to section 7860; 
E. 
Permit licensure pursuant to section 7801, subsection 6, 
paragraph D and section 7802, subsection 1, paragraph F; 
F. 
Require clear disclosure to applicants and residents of 
the services that are provided by 
the assisted housing 
(, 
I,: 
If 
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program and of the obligations, rights and responsibilities 
of the resident, the provider of services and the owner of 
the apartment building; 
G. 
Require the provider of services and the owne r 
f 
the 
apartment building to give notice to all applicants 
and 
residents of the following: 
(1) 
The name and contact information for the long-term 
care ombudsman program, established pursuant to section 
5106, subsection ll-C; and 
(2) 
The 
name 
and 
contact 
information for 
a 
legal 
services assistance agency; and 
H. 
Permit categorical eligibility for other programs of 
assistance available from the department for a resident of 
an assisted housing program for services not provided by the 
assisted housing program . 
SUMMARY 
This bill provides a 
new type of licensure for the legal 
enti ties providing all assisted housing services except for the 
housing component in an assisted housing program. 
This license 
would be available from the Department of Human Services. 
This 
bill 
rewrites 
the 
standards 
for 
rules 
for 
assisted housing 
programs, including those that would be available under the new 
category of licensure.