Resolve, To Preserve Ac:cess to AssistetlliviDgServices for Maine's Elderly and Disabled Citizns
Maine Legislature, Session 123, LD 2063
Committee: Health and Human Services
Sponsors: CAMPBELL, MARTIN, CONNOR, CUMMINGS, GILES, KOFFMAN, MILLER, MILLETI, MITCHELL, NASS

Legislative Document 
Ne.2063 
H.P.1447 
House of Representatives, December 21~ 2007 
Resolve, To Preserve Ac:cess to AssistetlliviDgServices for Maine's 
Elderly and Disabled Citizns 
(EMERGENcy) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative CAMPBELL of Newfield. 
Cosponsored by Senator MARTIN of Aroostook and 
77/~/J7.~ 
MIT.LICENT M. MacFARLAND 
Clerk 
Representatives: CONNOR of Kennebunk, Speaker CUMMINGS of Portland, GILES of 
Belfast, KOFFMAN of Bar Harbor, MILLER of Somerville, MILLETI of Waterford, 
Senators: MITCHELL of Kennebec, NASS of York. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Freese's Assisted Living Program, Steams Assisted Living, Merry 
Gardens Estates, Wardwell Assisted Living Services, Mayflower Place, The Inn at 
Augusta City Hall and Iris Park Apartments, in their provision of assisted living services 
through tax credit projects to 1Ihe residents of this State who are elderly or who have 
disabilities, have not received a MaineCare rate adjustment since 2004 to accommodate 
the rising cost of personnel and benefits, food, utilities and insurance; and 
Whereas, 5 of the 7 tax credit assisted living projects fmished the last fiscal year in 
deficit, placing at risk their ability to continue to provide services; and 
Whereas, some residents of the 7 tax credit assisted living projects require time 
away from the projects for hospitalization or rehabilitation and personal reasons, which, 
without a reimbursement mechanism for service-hold days in the Department of Health 
and Human Services' rules for MaineCare reimbursement, places a financial burden on 
the tax credit assisted living projects; and 
Whereas, the current state of fiscal health of the 7 tax credit assisted I iving projects 
places the projects at risk of instability and potential closure, which would displace their 
residents and cause an increase in need for scarce residential care services or more 
expensive nursing facility care; and 
Wllereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. MaineCare reiIBbursaneot. Resolved: That the Department of Health 
and Human Services shall amend the ruJes of reimbursement under the MaineCare 
program for providers of tax credit assisted living services to increase the reimbursement 
rate by 3% beginning October 1,2008 for the following tax credit assisted living projects: 
Freese's Assisted Living Program, Stearns Assisted Living, Merry Gardens Estates, 
Wardwell Assisted Living Services, Mayflower Place, The Inn at Augusta City Hall and 
Iris Park Apartments. Rules adopted purstumt to this section are routine technical rules as 
defmed in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it 
further 
Sec. 2. MaineCare service-bold days. Resolved: That the Department of 
Health and Human Services shall amend the rules of reimbursement under the MaineCare 
program for providers of tax cre·dit assisted living services to establish and reimburse for 
service-hold days beginning October 1, 2008 for the following tax credit assisted living 
projects: Freese's Assisted Living Program, Stearns Assisted Living, Merry Gardens 
Estates, Wardwell Assisted Living Services, Mayflower Place, The Inn at Augusta City 
Hall and Iris Park Apartments. 
Service-hold reimbursement must be modeled on 
MaineCare bed-hold reimbursement for private nonmedical institutions under Chapter 
101, the MaineCare Benefits Manual, Section 97.05-4. Service-hold reimbursement must 
be available during the time period that a resident is away for hospitalization or 
rehabilitation and for personal reasons such as therapeutic visits with family or friends. 
Rules adopted pursuant to this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Health and Human Services to amend the rules 
of reimbursement under the MaineCare program for 7 tax credit assisted living projects to 
provide a 3% rate increase and to reimburse for service-hold days, beginning October 1, 
2008. The rules are designated routine technical rules. The 7 tax credit assisted living 
projects are Freese's Assisted Living Program, Stearns Assisted Living, Merry Gardens 
Estates, Wardwell Assisted Living Services, Mayflower Place, The Inn at Augusta City 
Hall and Iris Park Apartments.