Resolve, To Increase Transparency in the Long-term Care Planning and Delivery Process To Ensure Maine's Elderly Can Make Informed Choices
Maine Legislature, Session 124, LD 0217
Committee: Health and Human Services
Sponsors: BEAULIEU, BEAUDOIN, CLARK, CLEARY, JONES, LAJOIE, LEWIN, SIROIS, WEAVER

FIRST REGULAR SESSIO:r-~-2009 
Legislative Document 
No. 217 
H.P. 182 
House of Representatives, January 21, 2009 
Resolve, To Increase Transparency in the Long-term Care Planning 
and Delivery Process To Ensure Maine's Elderly Can Make 
Informed Choices 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative BEAULIEU of Auburn. 
Cosponsored by Senator·COURTNEY of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDOIN of Biddeford, CLARK of Millinocket, CLEARY of Houlton, 
JONES of Mount Vernon, LAJOIE of Lewiston, LEWIN of Eliot, SIROIS of Turner, 
WEAVER of York. 
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Sec. 1. The Department of Health and Human Services directed to clarify 
the transition process for nursing facility patients awaiting transition into 
residential care. Resolved: That, no later than October I, 2009, the Department of 
Health and Human Services shall amend its rules for the MaineCare program to provide 
that a patient that is a resident of a nursing facility who is admitted to a hospital for 
treatment and subsequently discharged within 30 days, who was either identified at the 
nursing facility as a resident waiting to be transitioned into a residential care facility or 
identified during the hospital discharge process as a patient that should be transitioned 
into a residential care facility, must have the ability to be accepted back as a resident at 
that same nursing facility where the patient was a resident until the patient can be 
transitioned into the appropriate residential care facility. The Commissioner of Health 
and Human Services shall-report to the Joint Standing Committee on Health and Human 
Services on the work done pursuant to this section by February I, 20 I O. The Joint 
Standing Committee on Health and Human Services is authorized to submit legislation 
related to the report to the Second Regular Session of the 124th Legislature; and be it 
further 
Sec. 2. 
The Department of Health and Human Services directed to 
improve discharge planning process. Resolved: That, no later than October I, 
20,09, the Department of Health and Human Services shall amend its rules for licensure 
of general and specialty. hospitals relating to the hospital discharge planning process 
pursuant to this section: . 
I. The hospital discharge planning process must provide at the outset all patients 
with a summary of the patient's rights during the discharge process, including the 
patient's right to await transition out of hospital care until satisfactory placement can be 
found at a nursing facility or residential care facility or with a home health care provider, 
based on the patient's medical needs; 
2. 
The hospital discharge planning process must also provide patients with a 
comprehensive list of patient resources and contact information for guidance and support 
during the discharge process, including contact information for the Long-term Care 
Ombudsman and the Bureau of Elder and Adult Services, as well as a copy of the most 
recent report from the federal Centers for Medicare and Medicaid Services on the federal 
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ranking system for nursing facilities providing care for Medicare and Medicaid recipients 
in those areas where the patient resides or wishes to reside; and 
3. In cases where the patient has behavioral health issues, the hospital discharge 
planning process must also involve representatives from the Bureau of Elder and Adult 
Services and the Office of Adult Mental Health Sewices to improve the coordination, 
planning and efficiency of the discharge p~ocessfcir the ·patient. 
The Commissioner of He~lth and' Human Services shall report to the Joint Standing 
Committee on Health and Human Services on the work done pursuant to this section by 
February I, 20 I O. 
The Joint Standing Committee on Health and Human Services is 
authorized to submit legislation related to the report to the Second Regular Session of the 
I 24th Legislature; and be it further 
Page I - 124LR0358(Ol)-1 
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Sec. 3. 
Working group to improve transparency and coordination of 
services in the discharge planning process. Resolved: That the Department of 
Health and Human Services, Bureau of Elder and Adu It Services shall convene a working 
group with representatives of the Long-term Care Ombudsman, hospitals, nursing 
facilities and residential care facilities to find ways to improve the transparency and 
coordination of services in the hospital and long-term care facility discharge planning 
process, with the goal of providing patients and their families with a more coordinated, 
efficient and patient-friendly process that meets the specific needs of individual patients, 
including behavioral health needs. 
The department shall provide the Joint Standing 
Committee on Health and Human Services with a brief summary of its work, along with 
any proposed recommendations for changes that would improve the discharge planning 
process by February 1, 2010. The Joint Standing Committee on Health and Human 
Services is authorized to submit legislation related to the repoli to the Second Regular 
Session of the 124th Legislature. 
SUMMARY 
This resolve directs the Department of Health and Human Services to amend the rules 
relating. to the transition process for nursing facility patients admitted to hospitals 
awaiting transition into residential care and improving the hospital discharge planning 
process. The resolve also directs the Department of Health and Human Services, Bureau 
of Elder and Adult Services to convene a working group with representatives of the 
Long-term Care Ombudsman, hospitals, nursing facilities and residential care facilities to 
find ways to improve the transparency and coordination of services in the hospital and 
long-term care facility discharge planning process, with the goal of providing patients and 
their families with a more coordinated, efficient and patient-friendly process that meets 
the specific needs of individual patients, including behavioral health needs. 
It also 
authorizes the Joint Standing Committee on Health and Human Services to submit 
legislation to the Second Regular Session of the 124th Legislature.