An Act To
Maine Legislature, Session 124, LD 1361
Committee Amendment CA_A_S229 (Senate)
Committee: Labor may submit legislat

COMMITTEE AMENDMENT" A" to S.P. 496, L.D. 1361, Bill, "An Act To 
Amend the Laws Governing Direct Support Providers of Shared Living Residential 
Services" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing the Department of Labor and the Department of Health and 
Human Services To Establish a Work Group To Clarify the Working Status of 
Respite Care and Shared Living Residential Service Providers for Individuals with 
Developmental Disabilities' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Work group established. Resolved: That the Commissioner of Labor 
and the Commissioner of Health and Human Services, within existing resources, shall 
establish a work group, referred to in this resolve as "the work group," to review the 
status of certain direct support providers with respect to certain laws, such as those 
governing unemployment compensation, workers' compensation and minimum wage. 
The commissioners shall invite the participation of representatives from each department 
and representatives from affected organizations including the Workers' Compensation 
Board, the Maine State Employees Association and the Maine Association of Community 
Service Providers and its members; and be it further 
Sec. 2. Examine working status of providers. Resolved: That the work 
group shall examine the services and tasks performed by respite care and shared living 
residential service providers for adults and children with developmental disabilities to 
determine if there are ways to clearly identify the working status of those providers. The 
work group shall also examine whether statutory or regulatory actions are needed to 
provide clarification of the providers' status; and be it further 
Sec. 3. Reporting date established. Resolved: That the Commissioner of 
Labor and the Commissioner of Health and Human Services shall report the work group's 
findings and any recommendations to the Joint Standing Committee on Labor by 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to S.P. 496, L.D. 1361 
December 15, 2009, along with any statutory changes required to clarify the status of 
respite care and shared living residential service providers; and be it further 
Sec. 4. Authority to introduce legislation. Resolved: That the Joint Standing 
Committee on Labor may submit legislation to the Second Regular Session of the 124th 
Legislature to implement the recommendations of the work group.' 
§~y 
This resolve directs the Commissioner of Labor and the Commissioner of Health and 
Human Services to create a work group that includes the representatives from each 
department and members of the Workers' Compensation Board, the Maine State 
Employees Association and the Maine Association of Community Service Providers to 
examine the services and tasks performed by respite care and shared living residential 
service providers for adults and children with developmental disabilities to determine if 
there are ways to clearly identify the working status of those providers. The work group 
is directed also to examine whether statutory or regulatory actions are needed to provide 
clarification of the providers' status. The Commissioner of Labor and the Commissioner 
of Health and Human Services are directed to report the work group's findings and any 
recommendations to the Joint Standing Committee on Labor by December 15, 2009. The 
Joint Standing Committee on Labor is authorized to introduce legislation during the 
FISCAL NOTE REQURED 
(See. att~c~~~). 
COMMITTEE AMENDMENT 
) 
"') 
-, .. ' 
) 
.,' 
'I'! 
. , 
t; 
,"-> .. 
I" 
' 
Approved: 05124/09 
~aC!. 
LD 1361 
LR 1013(02) 
An Act To Amend the Laws Governing Direct Support Providers of Shared Living Residential 
Services 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Health and Human Services and the Department of Labor to establish the work 
group, conduct the required examination and issue a report can be absorbed within existing budgeted resources. 
Additional costs to the Workers' Compensation Board to participate in the work group can be absorbed within existing 
budgeted resources. 
LRlO13(02) - Fiscal Note - Page 1 of 1