Resolve, To Ensure the Availability of Consumer-directed Personal Assistance Services
Maine Legislature, Session 122, LD 1991
Committee: Health and Human Services
Sponsors: EDMONDS, RICHARDSON, BRENNAN, MAYO, MITCHELL, STRIMLING, FARRINGTON, LERMAN, PINGREE, WEBSTER

Legislative Document 
No. 1991 
S.P.769 
In Senate, February 2,2006 
Resolve, To Ensure the Availability of Consumer-directed Personal 
Assistance Services 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Speaker RICHARDSON of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, MAYO of Sag ada hoc, MITCHELL of Kennebec, 
STRIMLING of Cumberland, Representatives: FARRINGTON of Gorham, LERMAN of 
Augusta, PINGREE of North Haven, WEBSTER of Freeport. 
Printed on recycled paper 
Sec. 1. 
Commissioner of Health and Human Services; rulemaking. 
Resolved: That the Commissioner of Health and Human Services shall adopt rules 
governing MaineCare physical disabilities waiver and the consumer-directed attendant 
services programs to increase the rate of reimbursement for providers of consumer-
directed personal care assistance services from $7.71 per hour to $10 per hour; and be it 
further 
Sec. 2. 
Commissioner of Labor; rulemaking. 
Resolved: 
That the 
Commissioner of Labor shall adopt rules governing the program of state-funded 
consumer-directed personal care assistance services under the Maine Revised Statutes, 
Title 26, section 1412-H to increase the rate of reimbursement for providers of consumer-
directed personal care assistance services from $7.71 per hour to $10 per hour; and be it 
further 
Sec. 3. Competitive bidding process. Resolved: That the Commissioner of 
~4 
Health and Human Services and the Commissioner of Labor shall initiate a competitive 
bidding process to solicit bids from prospective providers of consumer-directed personal 
care assistance services; and be it further 
Sec. 4. 
Implementation of recommendations. 
Resolved: 
That the 
Commissioner of Health and Human Services and the Commissioner of Labor shall 
develop a plan and time line for the implementation of the following recommendations of 
the working group established pursuant to Public Law 2003, chapter 673 on consumer 
direction in Maine's long-term supportive services system, as outlined in the working 
group's January 1, 2005 report: 
1. Expanding the availability of consumer-directed alternatives across the range of 
long-term care services; 
2. Enhancing the intake process to provide consumers with information about the 
range of services available, including consumer-directed services; and 
3. Providing consumers the opportunity to participate in consumer-directed services 
with the use of an unpaid agent, commonly referred to as a "surrogate," to assist with the 
management tasks associated with these services; and be it further 
Sec. 5. Submission of plan; timeline. Resolved: That the Commissioner of 
Health and Human Services and the Commissioner of Labor shall submit the plan and 
timeline developed pursuant to section 4 to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters and the joint 
standing committee of the Legislature having jurisdiction over labor matters no later than 
months after the effective date of this resolve. Following receipt and review of the plan 
and time line, the committees may report out to the First Regular Session of the 123rd 
Legislature legislation necessary to implement the plan and the timeline; and be it further 
Sec. 6. Major substantive rules. Resolved: That rules adopted pursuant to this 
resolve by the Department of Health and Human Services and the Department of Labor 
related to the expansion of availability of or participation in consumer-directed long-term 
care services are major substantive rules pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This resolve accomplishes the following. 
1. It directs the Commissioner of Health and Human Services and the Commissioner 
of Labor to adopt rules to increase rates of reimbursement for providers of consumer-
S 
directed personal care assistance services. 
2. It directs the Commissioner of Health and Human Services and the Commissioner 
of Labor to initiate a competitive bidding process to solicit bids from prospective 
providers of consumer-directed personal care assistance services. 
3. It directs the Commissioner of Health and Human Services and the Commissioner 
of Labor to develop a plan and time line to implement recommendations of the working 
group established pursuant to Public Law 2003, chapter 673 on consumer direction in 
Maine's long-term supportive services system, and to submit the plan and time line to the 
Joint Standing Committee on Health and Human Services and the Joint Standing 
Committee on Labor.