An Act To Amend Licensing and Certification Requirements
Maine Legislature, Session 123, LD 1800
Committee: Health and Human Services
Sponsors: LEWIN, RA YE, CROSTHWAITE, CUMMINGS, PERRY, PINGREE, WALKER, MARRACHE, ROSEN, WESTON
Amends: 5 MRSA §200-H, 22 MRSA §1717, 22 MRSA §1812-H, 22 MRSA §1817, 22 MRSA §7702-B, 22 MRSA §7703, 22 MRSA §7802, 22 MRSA §8101

Legislative Document 
No. 1800 
H.P.1254 
House of Representatives, March 29, 2007 
An Act To Amend Licensing and Certification Requirements 
(EMERGENCY) 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative LEWIN of Eliot. 
Cosponsored by Senator RA YE of Washington and 
---m~ 1I1.11!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CROSTHWAITE of Ellsworth, Speaker CUMMINGS of Portland, PERRY of 
Calais, PINGREE of North Haven, WALKER of Lincolnville, Senators: MARRACHE of 
Kennebec, ROSEN of Hancock, WESTON of Waldo. 
Pnnted on recyc;led 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, there is a need to amend the licensing laws of health care facilities and 
long-term care facilities for children and adults to permit sanctions to be levied and to 
protect the people of Maine; and 
Whereas, 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §200-H, sub-§l, ~C, as enacted by PL 2003, c. 433, § 1 and 
amended by c. 689, Pt. B, §6, is further amended to read: 
C. The Director of the Division of Licensing and Certifieation Regulatory Services 
within the Department of Health and Human Services, Bl:lfeal:l of Medieal Sef'liees, 
ex officio; 
Sec. 2. 22 MRSA §1717, sub-§l, ~C, as amended by PL 2003, c. 673, Pt. NN, 
§ 1, is further amended to read: 
C. 
"Personal care agency" means a business entity or subsidiary of a business entity 
that is not otherwise licensed by the Division of Licensing and Certifieation 
Regulatory Services and that hires and employs unlicensed assistive personnel to 
provide assistance with activities of daily living and related tasks to individuals in the 
places in which they reside, either permanently or temporarily. An individual who 
hires and employs unlicensed assistive personnel to provide care for that individual is 
not a personal care agency, except when permitted by rule of the department. 
Sec. 3. 22 MRSA §1717, sub-§4, as repealed and replaced by PL 2003, c. 634, 
§2, is amended to read: 
4. Penalties. The following penalties apply to violations of this section. 
A. 
A person who operates a personal care agency without registering with the 
department as required by subsection 2 commits a civil violation for which a fine of 
not less than $500 per day of operation but not more than $10,000 may be adjudged. 
Each day of violation constitutes a separate offense. 
B. A person who operates a personal care agency in violation of the employment 
prohibitions in subsection 3 commits a civil violation for which a fine of not less than 
$500 per day of operation in violation but not more than $10,000 per day may be 
adjudged, beginning on the first day that a violation occurs. Each day of violation 
constitutes a separate offense. 
Sec.4. 22 MRSA §1717, sub-§5 is enacted to read: 
.. 
5. Injunctive relief. Notwithstanding any other remedies provided by law, the 
Office of the Attorney General may seek an injunction to require compliance with the 
provisions of this subtitle. 
Sec. 5. 22 MRS A §1717, sub-§6 is enacted to read: 
6. Enforcement. The Office of the Attorney General may file a complaint with the 
District Court seeking civil penalties or injunctive relief or both for violations of this 
subtitle. 
Sec. 6. 22 MRSA §1717, sub-§7 is enacted to read: 
7. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 
for violations of this subtitle. 
Sec. 7. 22 MRSA § 1717, sub-§8 is enacted to read: 
8. Burden of proof. The burden is on the department to prove, by a preponderance 
of the evidence, that the alleged violations of this subtitle occurred. 
Sec. 8. 22 MRSA §1717, sub-§9 is enacted to read: 
9. Right of entry. This subsection governs the department's right of entry. 
A. An application for registration of a personal care agency constitutes pennission 
for entry and inspection to verify compliance with applicable laws and rules. 
B. The department has the right to enter and inspect the premises of a personal care 
agency registered by the department at a reasonable time and, upon demand, has the 
right to inspect and copy any books, accounts, papers, records and other documents in 
order to detennine the state of compliance with applicable laws and rules. 
C. To inspect a personal care agency that the department knows or believes is being 
operated without being registered, the department may enter only with the pennission 
of the owner or person in charge or with an administrative inspection warrant issued 
pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court 
authorizing entry and inspection. 
Sec. 9. 22 MRSA §1717, sub-§10 is enacted to read: 
10. Administrative inspection warrant. The department and a duly designated 
officer or employee of the department have the right to enter upon and into the premises 
of an unregistered personal care agency with an administrative inspection warrant issued 
pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court at a 
reasonable time and, upon demand, have the right to inspect and copy any books, 
accounts, papers, records and other documents in order to detennine the state of 
compliance with this subtitle. The right of entry and inspection extends to all premises 
and documents of a person, firm, partnership, association, corporation or other entity that 
the department has reason to believe is operating without being registered. 
The 
administrative inspection warrant must also authorize the department to interview an 
individual who may be an employee of the unregistered personal care agency or a person 
with knowledge of the unregistered personal care agency. 
Sec. 10. 22 MRSA §1717, sub-§l1 is enacted to read: 
11. Violation of injunction. A person, firm, partnership, association, corporation or 
other entity that violates the terms of an injunction issued under this section shall pay to 
the State a fine of not less than $500 nor more than $10,000 for each violation. Each day 
of violation constitutes a separate offense. In any action brought by the Office of the 
Attorney General against a person, firm, partnership, association, corporation or other 
entity for violating the terms of an injunction under this section, the District Court may 
make the necessary orders or judgments regarding violation of the terms of the injunction. 
In an action under this section, when a permanent injunction has been issued, the District 
Court may order the person, firm, partnership, association, corporation or other entity 
against which the permanent injunction is issued to pay to the General Fund the costs of 
the investigation of that person, firm, partnership, association, corporation or other entity 
by the Office of the Attorney General and the costs of suit, including attorney's fees. 
Sec. 11. 22 MRS A § 1717, sub-§ 12 is enacted to read: 
12. Suspension or revocation of registration. A personal care agency found to be 
in violation of this section may have its registration to operate as a personal care agency 
suspended or revoked. The department may file a complaint with the District Court 
requesting suspension or revocation of a registration to operate a personal care agency. 
Sec. 12. 22 MRS A §1717, sub-§13 is enacted to read: 
13. Rules. The department may adopt rules to implement this section. 
Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 13. 22 MRSA §1812-H, as amended by PL 2001, c. 600, §l, is further 
amended to read: 
§1812-H. Participation in the Medicare health insurance for the aged program 
1. Medicare. Any nursing facility that participates in the Medicaid program must 
participate in the Medicare health insurance for the aged program as a skilled nursing 
facility. 
2. Compliance. Any nursing facility required to participate in the Medicare health 
insurance for the aged program shall: 
A. 
File an application to become a Medicare provider by January 1, 1994; 
B. 
Follow required federal procedures for certification and become certified within 
days of the department's recommendation for certification; 
C. 
Submit an annual application for Medicare participation at the same time 
applications for licensure and Medicaid certification are due; and 
{ 
D. 
Participate in the Medicare program by billing Medicare for care provided to 
eligible recipients prior to billing Medicaid. 
2-A. Rules. The department shall adopt rules to implement this section. The rules 
must consider the unique needs of different parts of the State. Nursing facilities in 
different parts of the State may be required to certify different numbers or percentages of 
beds depending on the number of Medicare recipients in those areas, the number of 
patients in hospitals who are waiting for nursing facility admission and other relevant 
demographic infonnation. Nothing in this subsection prohibits the department from 
requiring all nursing facilities to certify all of their beds as Medicare skilled nursing 
facility beds. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
l3 
2-B. Implementation. Notwithstanding any provision of this section to the contrary, 
a nursing facility may decline to admit a prospective resident after an evaluation of the 
person's clinical condition and related care needs and a determination that the facility 
lacks qualified staff to meet the level of care required for that person. A nursing facility 
is not subject to penalty or sanction for declining to admit a prospective resident under 
this subsection. Nothing in this subsection affects the obligation of a nursing facility to 
provide care specific to the needs of residents of the facility. 
3. Sanctions. Failure to comply with any of the provisions listed in this section may 
result in the imposition of a penalty. The department may impose a penalty of not less 
than $100 per bed per day and not more than $5,000 per day for failure to comply with 
any of these provisions. This penalty must be imposed for each day a facility fails to 
comply with subsection 2, paragraph D. 
A repeated failure to comply with aHY ~ 
provision results in fines of not less than $200 per bed per day and not more than $10,000 
per day. The imposition and collection of these penalties are governed by section 7946. 
Sec. 14. 22 MRSA §1817, as corrected by RR 1999, c. 2, §24 and affected by §25, 
is repealed and the following enacted in its place: 
§1817. Issuance of licenses 
The department is authorized to issue licenses to operate hospitals, sanatoriums, 
convalescent homes, rest homes, nursing homes, ambulatory surgical facilities and other 
related institutions that, after inspection, are found to comply with this chapter and any 
rules adopted by the department. An initial license may be issued for up to 12 months. A 
license may be renewed for up to 24 months. The fee for this temporary or conditional 
license is $15 and is payable at the time of issuance of the license regardless of the tenn. 
When an institution, upon inspection by the department, is found not to meet all 
requirements of this chapter or department rules, the department is authorized to issue 
either: 
1. Temporary license. A temporary license for a specified period not to exceed 90 
days, during which time corrections specified by the department must be made by the 
institution for compliance with this chapter and departmental rules, if in the judgment of 
the commissioner the best interests of the public will be so served; or 
2. Conditional license. A conditional license setting forth conditions that must be 
met by the institution to the satisfaction of the department. 
Failure of the institution to meet any of the department's conditions immediately 
voids the temporary or conditional license by written notice by the department to the 
licensee or, if the licensee cannot be reached for personal service, by notice left at the 
licensed premises. A new application for a regular license may be considered by the 
department if, when and after the conditions set forth by the department at the time of the 
issuance of this temporary or conditional license have been met and satisfactory evidence 
of this fact has been furnished to the department. The department may amend, modify or 
refuse to renew a license in conformity with the Maine Administrative Procedure Act, or 
file a complaint with the District Court requesting suspension or revocation of any license 
on any of the following grounds: violation of this chapter or the rules issued pursuant to 
this chapter; permitting, aiding or abetting the commission of any illegal act in that 
institution; or conduct of practices detrimental to the welfare of a patient. Whenever, on 
inspection by the department, conditions are found to exist that violate this chapter or 
department rules issued pursuant to this chapter that, in the opinion of the commissioner, 
immediately endanger the health or safety of patients in an institution or create an 
emergency, the department by its duly authorized agents may, under the emergency 
provisions of Title 4, section 184, subsection 6, request that the District Court suspend or 
revoke the license. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 15. 22 MRSA §7702-B is enacted to read: 
§7702-B. Operating without a license or certificate; violations; penalties 
1. 
License or certificate required. 
A person, firm, partnership, association, 
corporation or other entity may not, without first obtaining a license: 
A. Manage or operate a long-term care facility as defined in chapter 1666-B; 
B. 
Operate a child care facility as defined in section 8301-A, subsection I-A, 
paragraph B; or 
C. Operate as a family child care provider as dermed in section 8301-A, subsection 
I-A, paragraph C. 
2. Civil Penalties. A person, firm, partnership, association, corporation or other 
entity who violates subsection 1 commits a civil violation and is subject to a civil penalty 
of not less than $500 nor more than $10,000 per day. Each day of violation constitutes a 
separate offense. 
3. Injunctive relief. Notwithstanding any other remedies provided by law, the 
Office of the Attorney General may seek an injunction to require compliance with the 
provisions of subsection 1. 
4. Enforcement. The Office of the Attorney General may file a complaint with the 
District Court seeking civil penalties or injunctive relief or both for violations of 
subsection 1. 
, 
5. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 
for violations of subsection 1. 
6. Burden of proof. The burden is on the department to prove, by a preponderance 
of the evidence, that the alleged violations of subsection 1 occurred. 
7. Right of entry. To inspect the premises of a long-term care facility, child care 
facility or family child care provider that the department knows or believes is being 
operated without a license or certificate, the department may enter only with the 
permission of the owner or person in charge or with an administrative inspection warrant 
issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court, 
authorizing entry and inspection. 
8. Administrative inspection warrant. The department· and a duly designated 
officer or employee of the department have the right to enter upon and into the premises 
of an unlicensed long-term care facility or child care facility or an uncertified family child 
care provider with an administrative inspection warrant issued pursuant to the Maine 
Rules of Civil Procedure, Rule 80E by the District Court at a reasonable time and, upon 
demand, have the right to inspect and copy any books, accounts, papers, records and other 
documents in order to determine the state of compliance with subsection 1. The right of 
entry and inspection extends to all premises and documents of a person, firm, partnership, 
association, corporation or other entity that the department has reason to believe is 
operating without a license or a certificate. The administrative inspection warrant must 
also authorize the department to interview an individual who may be a resident, attendee 
or employee of the unlicensed long-term care facility or child care facility or an 
uncertified family child care provider, or a person with knowledge of the unlicensed long-
term care facility or child care facility or an uncertified family child care provider. 
9. Violation of injunction. A person, firm, partnership, association, corporation or 
other entity that violates the terms of an injunction issued under this section shall pay to 
the State a fine of not less than $500 nor more than $10,000 for each violation. Each day 
of violation constitutes a separate offense. !nan action brought by the Office of the 
Attorney General against a person, firm, partnership, association, corporation or other 
entity for violating the terms of an injunction under this section, the District Court may 
make the necessary orders or judgments regarding violation of the terms of the injunction. 
!n an action under this section, when a permanent injunction has been issued, the District 
Court may order the person, firm, partnership, association, corporation or other entity 
against which the permanent injunction is issued to pay to the General Fund the costs of 
the investigation of that person, firm, partnership, association, corporation or other entity 
by the Office of the Attorney General and the costs of suit, including attorney's fees. 
10. Rules. The department shall adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 16. 22 MRS A §7703, sub-§2, as amended by PL 2001, c. 596, Pt. B, §11 
and affected by §25, is further amended to read: 
2. 
Confidential information. 
Except as provided in subsections 3 and 4, 
confidential infonnation may not be released without a court order or a written release 
from the person about whom the confidential infonnation has been requested. 
The 
following infonnation is confidential: 
A. 
Any iflfoffl'latiofl 'Nhieh Infonnation that identifies, directly or indirectly, a 
recipient of services of the facility, a client of the facility or his the client's family or 
custodian, except where when the family member or custodian is an owner or 
operator of the facility; 
B. Notwithstanding sections 3474 and 4008, any infonnation gathered in the course 
of an investigation of neglect or abuse, except a statement indicating whether or not a 
report of abuse or neglect has been received, the nature of the alleged abuse or 
neglect and the conclusion reached by the department, if any; 
C. Any iflfoffl'latiofl Infonnation that identifies, directly or indirectly, a reference, 
complainant or reporter of suspected abuse or neglect; 
D. Any iflfoffl'latiofl Information pertaining to the adoption of an individual; 
E. Any iflfoffl'latiofl Information about the private life of ilfiY ~ person, other than an 
owner, operator or employee of a facility, in which there is no legitimate public 
interest and whieh that would be offensive to a reasonable person, if disclosed, except 
as provided in paragraph F; and 
F. 
It\n.y iflfoffl'lation Infonnation about the private life of ilfiY ~ person who has 
applied for a license or approval or is or has been licensed or approved as an adult 
foster home, licensed pursuant to chapter 1663, and family foster home as defined in 
section 8101, subsection 3, in which there is no legitimate public interest and whieh 
that would be offensive to a reasonable person, if disclosed~; and 
G. 
Infonnation that identifies, directly or indirectly, a reference, complainant or 
reporter of suspected licensing violations. 
Within the department, confidential infonnation 5ftalI. must be available to and used by 
appropriate departmental personnel and legal counsel in carrying out their various 
functions. 
Nothing in this section may prevent the release of statistical infonnation 
regarding the population of the facility by diagnosis or other classification, fJfOyided that 
as long as it does not directly or indirectly identify the clients or recipients of services of 
the facility. 
Sec. 17. 22 MRSA §7703, sub-§6 is enacted to read: 
6. Rules. The department may adopt rules necessary to implement this section. 
Rules adopted pursuant to this subsection are routine technical rules as defmed in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 18. 22 MRS A §7802, sub-§2, ~, as amended by PL 2005, c. 640, §1, is 
further amended to read: 
B. The terms of full licenses or approvals are as follows. 
\. 
(l) Except as provided in subparagraphs (2) to ~ ill, the tenn of all full 
licenses and approvals issued pursuant to this chapter is for one year or the 
remaining period of a conditional or provisional license that has been issued for 
less than one year. 
(2) The tenn of a residential child care facility license is for 2 years. 
(3) The tenn of a drug treatment center license may be for either one or 2 years. 
(4) The tenn of a family foster home or specialized foster home license is for 2 
years. 
(5) 
The tenn of a child care facility license issued under section 8301-A, 
subsection 2 is for 2 years. 
(6) 
The tenn of a home day care certificate issued under section 8301-A, 
subsection 3 is for 2 years. 
(7) The tenn of an adult day care program license pursuant to chapter 1679 is for 
either one or 2 years at the discretion of the department. 
Sec. 19. 22 MRS A §7802, sub-§6 is enacted to read: 
6. Time limit on reapplication after denial or revocation. The following time 
limit applies to a reapplication after denial or revocation. 
A. 
When a license or certificate for a child care facility or a family child care 
provider has been denied or revoked on one occasion, the applicant or licensee may 
not reapply for a license or certificate for a child care facility or a family child care 
provider for a period of one year from the effective date of the denial or revocation 
decision if not appealed, or, if appealed, from the effective date of the 
commissioner's final decision or the reviewing court's order, whichever is later. 
B. If a license or certificate for a child care facility or a family child care provider 
has been denied or revoked on 2 occasions, the applicant or licensee may not reapply 
for a license or certificate for a child care facility or a family child care provider for a 
period of 2 years from the effective date of the second denial or revocation decision if 
the decision is not appealed or, if appealed. from the effective date of the 
commissioner's final decision or the reviewing court's order, whichever is later. 
C. If a license or certificate for a child care facility or a family child care provider 
has been denied or revoked on 3 occasions, the applicant or licensee may not receive 
another license or certificate for the care of children. 
Sec. 20. 22 MRSA §7802, sub-§7 is enacted to read: 
7. Rules. The department may adopt rules necessary to implement this section. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 21. 22 MRS A §7944, sub-§I, as amended by PL 2003, c. 634, §9, is further 
amended to read: 
1. Authorization. The department is authorized to impose one or more of the 
following sanctions when a violation of this chapter occurs and the department 
determines that a sanction is necessary and appropriate to ensure compliance with state 
licensing rules or to protect the residents of long-term care facilities as defined in section 
7852 or the general public. 
A. The long-term care facility may be directed to stop all new admissions regardless 
of payment source or to admit only those residents the department approves until 
such time as it is determined that corrective action has been taken. 
B. The department may direct a long-term care facility to correct any deficiencies in 
lOa manner and within a time frame that the department determines is are appropriate to 
ensure compliance with state licensing rules or to protect the residents of the long-
term care facility. 
C. The department may impose a penalty upon a long-term care facility for operating 
without a lieense or for a violation of this chapter. Each day of violation constitutes a 
separate offense. The minimum penalty for operating without a license is $500 per 
day. A penalty or a combination of penalties imposed on a facility may not be greater 
than a sum equal to $10 times the total number of residents residing in the facility per 
violation, up to a maximum of $10,000 for each instance in which the department 
issues a statement of deficiency to a skilled nursing or intermediate eare long-term 
care facility, or $6 times the total number of residents residing in the [aeility per 
violation, up to a maximum of $6,000 in eaeh instanee in '",hieh the department issues 
a statement of defieieney to any assisted living program or residential eare [aeility. 
D. The department may direct a long-term care facility to transfer residents in that 
facility to other locations in an emergency that threatens the health, safety or welfare 
of the residents of the facility and shall assist the facility in making arrangements for 
transfers. 
The department may adopt rules as necessary for the implementation of this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 22. 22 MRSA §8101, sub-§2, as enacted by PL 1981, c. 260, §4, is amended 
to read: 
2. Emergency shelter. "Emergency shelter" means a children's home wffi€h that 
operates to receive children 24 hours a day and wffi€h that limits placement to 30 
consecutive days or less. 
For purposes of this section, the definition of "children" 
includes a person under the age of 21 years of age. ':Emergency shelter': shall does not 
mean £! family foster home or specialized children's home and, if a service of a residential 
child care facility, shall be.lli restricted to a designated physical area of the facility. 
Sec. 23. 22 MRSA §8101, sub-§4, as enacted by PL 1981, c. 260, §4, is amended 
to read: 
4. 
Residential child care facility."Residential child care facility" means any £! 
children's home whieh that provides board and care for one or more children on a regular, 
24-hour a day, residential basis. For purposes of this section, the definition of "children" 
r 
t 
includes a person under 21 years of age. A residential child care facility does not mean ~ 
family foster home, ~ specialized children's home or an emergency shelter facility. The 
term includes, but is not limited to: 
A. 
A residentialeare faeility under Title 20, seetion 3125, sueseetion 5; 
B. An approved treatment facility under Title 5, section +1-Q.3. 20003, subsection -4 
J; 
C. A drug treatment center under section 8001; and 
D. 
A eOHlffiUnity residenee under Title 34, seetion 2105; and 
E. A residential facility under Title J4- 34-B, seetion 2142, sueseetion 8 sections 
1431 and 560l. 
Sec. 24. 22 MRSA §8101, suh-§4-A, as enacted by PL 1989, c. 270, § 15, is 
amended to read: 
4-A. Shelter for homeless children. "Shelter for homeless children" means an 
emergency shelter designed to provide for the overnight lodging and supervision of 
children 10 years of age or older for no more than 30 consecutive overnights. 
For 
purposes of this section, the definition of "children" includes a person under 21 years of 
age. 
Sec. 25. 22 MRS A §8101, suh-§4-B, as enacted by PL 1995, c. 301, §1, is 
amended to read: 
4-B. Residential treatment facility with secure capacity. "Residential treatment 
facility with secure capacity" means a children's home that provides a mental health 
intensive treatment program to a child whose diagnostic assessment indicates that the 
persistent pattern of the child's mental health presents a likely threat of harm to self or 
others and requires treatment in a setting that prevents the child from leaving the 
program. For purposes of this section, the definition of "children" includes a person 
under 21 years of age. 
Sec. 26. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes the words "Division of Licensing and Certification" appear or 
reference is made to that entity within the Department of Health and Human Services or 
to those words, they are amended to read or mean "Division of Licensing and Regulatory 
Services" or "division" within the Department of Health and Human Services, and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 27. Rules. The Department of Health and Human Services may adopt rules to 
implement the changes made in the Maine Revised Statutes, Title 22, section 8101 by this 
Act. Rules adopted pursuant to this section are routine technical rules as defined in 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 bill makes the following changes to licensing and certification requirements of 
Department of Health and Human Services. 
1. 
It creates penalties, including injunctive relief, for operating an unregistered 
personal care agency. 
2. The bill creates a cap on civil monetary penalties that the Department of Health 
and Human Services may impose on unlicensed, uncertified or unregistered entities. This 
responds to a decision of the Maine Superior Court. 
3. The bill creates a maximum 2-year license renewal term for hospitals, nursing 
facilities, ambulatory surgical facilities and related institutions. An initial license may be 
issued for up to 12 months. 
4. It creates penalties, including injunctive relief, for operating without a license or 
certificate by a long-term care facility, a child care facility, and a family child care 
provider 
5. The bill places a time limit on reapplication after denial or revocation of a license 
for a child care facility or revocation of a certificate for a family child care provider. 
6. The bill defines children in the Department of Health and Human Services laws 
governing facilities for children and adults as being under 21 years of age to make the 
provisions consistent with those governing MaineCare, the department's Office of Child 
and Family Services and special education. 
)