An Act To Amend the Laws Governing Assisted Living Programs
Maine Legislature, Session 124, LD 0939
Committee: Health and Human Services
Sponsors: STUCKEY, BRANNIGAN
Amends: 22 MRSA §7853

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
(~ 
~ Jt]~Ei~~rT~· 
~,~}1 /~J~\r~~: 
124th MAl E LEGISLATURE 
Legislative Document 
No. 939 
H.P.642 
House of Representatives, March 10,2009 
An Act To Amend the Laws Governing Assisted Living Programs 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator BRANNIGAN of Cumberland. 
Printed on recycled p<1per 
711d~ m.7J1tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, The Atrium, a nonprofit charitable assisted housing program affiliated 
with The Cedars senior living community in Portland, Maine, is currently ineligible for 
licensure as an assisted living program under rules of the Department of Health and 
Human Services due to a business model that relies on membership fees that impose 
economic obligations above payment of one month's rent; and 
Whereas, The Atrium obtained bond financing from the Maine Health and Higher· 
Educational Facilities Authority in 1997 using this business model in order to 
demonstrate the fmancial and economic feasibility of the facility; and 
Whereas, the Department of Health and Human Services adopted assisted living 
program rules effective May 29, 1998 after The Atrium completed bond fmancing and the 
rules limited resident deposits to not more than one month's rent, and the department has 
thus far denied licensure to the facility on the basis that its membership fee exceeds one 
month's rent; and 
Whereas, The Atrium has not been authorized to provide nursing services and 
medication management services to its residents due to its inability to be licensed as an 
assisted living program; and 
Whereas, The Atrium has also been denied exemption from state sales tax, which is 
available to all nonprofit assisted housing programs for the elderly licensed by the 
Department of Health and Human Services pursuant to the Maine Revised Statutes, Title 
36, section 1760, subsection 16, paragraph D; 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. 22 MRSA §7853, sub-§5, as amended by PL 2003, c. 449, §3, is further 
amended to read: 
5. Assisted living program rules. The commissioner shall adopt rules for 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 staffmg 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 
living programs to be shared in accordance with section 1812-C, subsection 6-A and 
section 7914. The rules must permit any facility to be licensed as an assisted living 
) 
) 
) 
(--" 
------.. 
program and be authorized to provide physical therapy, nursing services and medication 
management services to its residents if the facility: 
A. 
Obtained bond fmancing from the Maine Health and Higher Educational 
Facilities Authority in 1997 prior to the department's adoption of rules governing 
assisted living programs in May 1998; and 
B. 
Relied on a business model using a membership fee structure that imposed 
significant financial obligations on its residents. 
The facility must fulfill all applicable requirements in the department's rules regarding 
assisted living programs, except that licensure may not be denied on the basis that the 
membership fee imposes economic obligations that are above the deposit limitation of 
one month's rent. 
Sec. 2. Waiver; rules. The Department of Health and Human Services shall either 
waive the provisions of the existing rules or amend its rules to accomplish the purpose of 
this Act. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the laws governing assisted living programs to permit The Atrium, a 
nonprofit charitable housing program affiliated with The Cedars senior living community 
in Portland, Maine, to be licensed as an assisted living program and authorized to provide 
physical therapy, nursing services and medication management services to its residents.