Resolve, Establishing the Commission To Study the Replacement of Aging and Outdated Long-term Care Facilities
Maine Legislature, Session 124, LD 1015
Committee: Health and Human Services
Sponsors: MARRACHE, LEWIN, PERRY, STUCKEY

Legislative Document 
No. lOIS 
S.P.379 
In Senate, March 17, 2009 
Resolve, Establishing the Commission To Study the Replacement of 
Aging and Outdated Long-term Care Facilities 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MARRACHE of Kennebec. 
·9t8(J~ 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Cosponsored by Representatives: LEWIN of Eliot, PERRY of Calais, STUCKEY of Portland. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjoununent unless enacted as emergencies; and 
Whereas, the number of residents of the State who are over 85 years of age is 
projected to increase by35% between 2006 and 2015; and 
Whereas, most of the State's nursing horries and residential care facilities are more 
than 30 years old with minimal renovations; and 
Whereas, only 2 replacement nursing horries havebeenbuilrin~ the State. in theTast 
years; and 
Whereas, the design and program elements of many existing facilities are obsolete 
and insufficient to properly provide for the needs of residents and present safety risks; 
and 
Whereas, the Commission To Study the Replacement of Aging and Outdated Long-
term Care Facilities is established to address these significant and tirnely issues; and 
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Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report concerning the study submitted in time to the 
next legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the. Con~titution 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. Commission established .. Resolved: That the .Commission To Study 
the Replacement of Aging and Outdated Long-term Care Facilities, referred to in tlus 
resolve as "the commission," is established; and be< it further 
Sec. 2. Commission membership. Resolved: That the commission consists of 
. 11 members appointed as follows: 
1. Five members appointed by tqe President of the Senate as follows: 
A. Two members of the Senate, one belonging to the political party holding the 
largest number of seats in the Senate and one belonging to the political party holding 
the 2nd largest number of seats in the Senate; 
B. One member who represents long-term care providers with experience in the 
residential care setting; and 
C Two members from the Department of Health and Human Services, one from the 
office of elder services and one from the Division of Licensing and Regulatory 
Services, both of whom are familiar with the needs of long-term care facilities and 
the certificate of need program and licensing review oflong-term care projects; 
2. Five members appointed by the Speaker of the House as follows: 
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A. Three members of the House of Representatives, 2 belonging to the political party 
holding the largest number of seats in the House and one belonging to the political 
party holding the 2nd largest number of seats in the House; 
B. One member who is an expert in the field of long-term care finance; and 
C. One member who represents long-term care providers with experience in a nursing 
home setting; and 
3. One member appointed by the Govemor from the Govemor's staff; and be it 
B 
further, 
Sec. 3. 
Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4. 
Appointments; convening of commission. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. Within 15 days after appointment 
of all members, the chairs shall call and convene the first meeting of the commission, 
which must be no later than June 1, 2009; and be it further 
Sec. 5. 
Duties. Resolved: 
That the commission shall study the need for 
replacement of aging and outdated long-term care facilities and the best means to 
accomplish this goal with appropriate modem 'facilities. Specifically, the commission 
shall: 
1. Evaluate the adequacy of the existing stock of nursing home~ and residential care 
facilities; 
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2. Review safety risks and changes that have taken place in modem long-term care 
facilities over the past 20 years and design and program elements to update and replace 
those facilities in order to meet projected needs; 
3. Review the ability of current facilities to care for residents with special needs; 
4. 
Study and make recommendations on the financial barriers associated with 
developing modem long-term care facilities; and 
5. 
Study and make recommendations on the regulatory barriers associated with 
developing modem long-term care facilities; and,be it further 
Sec. 6. 
Staff assistance. Resolved: That, notwithstanding Joint Rule 353, upon 
approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7. 
Report. 
Resolved: 
That, no later than November 13, 2009, the 
comrrnSSlOn shall submit a report that includes its [mdings and recommendations, 
including suggested legislation, for presentation to the Joint Standing Committee on 
Health and Human Services. The Joint Standing Committee on Health and Human 
Services is authorized to introduce a bill related to the subject matter of the report t6 the 
Emergency clause. 
In view of the emergency cited. in the preamble, this 
legislation takes effect when approved .. 
SUMMARY 
This resolve establishes the Corrimission To Study the Replacement of Aging and 
Outdated Long-term Care Facilities .. 
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