An Act To Update the Laws Affecting the Department of Health and Human Services, Division of Licensing and Regulatory Services
Maine Legislature, Session 124, LD 1688
Committee: Health and Human Services
Sponsors: MILLER
Amends: 22 MRSA §1723, 22 MRSA §1812-G, 22 MRSA §2131, 22 MRSA §7704, 22 MRSA §7705, 22 MRSA §8303-A, 34-B MRSA §1224

·Legislative Document 
No. 1688 
H.P. 1189 
House of Representatives, January 6. 2010 
An Act To Update the Laws Affecting the Department of Health and 
Human Services, Division of Licensing and Regulatory Services 
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 MILLER of Somerville. 
Pr;nlcd on fl!cyclcd paper 
77l1.-~ /J1.1i!!1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1723 is enacted to read: 
§1723. Processing fee 
Beginning October 1, 2010, a facility or health care provider subject to the licensing, 
certification or registration processes of this chapter or chapter 405, 411, 412, 417 or 419 
shall pay a processi~g fee not to exceed $10 to the department for the reissuance of a 
license, certificate or registration when the licensee, certificate· holder or registration 
holder made changes that require the reissuance. of a license, certificate or registration . 
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The department may adopt rules necessary to implement this section. Rules adopted 
pursuant to this paragraph are routine technical ru]es as defined in Title 5, chapter 375, 
. subchapter 2-A. 
Sec. 2. 22 MRSA §1812-G, slllb-§4-A is enacted to read: 
4-A. 
Provider verification fee. 
The department may establish a provider 
verification fee not to exceed $25 per provider for verification· of a certified nursing 
assistant's credentials and training. Providers may not pass the cost on to the individual 
certified nursing assistant. Provider verification fees collected by the department must be 
placed in a special revenue account to be used by the department to operate the registry, 
including but not limited to the cost of criminal history record checks. The departme-nt 
. may adopt rules necessary to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 22 MRSA §2131, slllb-§3, as enacted by-PL 1989, c~ 579, §4, is amended 
to read: 
3. Fee. The initial and annual fee for registration is $25. 
The department may adopt rules necessary to implement this subsection. Rules adopted 
25. 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2~A. 
Sec. 4. 22 MRSA §7704 is enacted to read: 
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§7704. Processing fee 
Beginning October 1, 2010, a facility, health care provider or program subject to the 
licensing or certification processes of chapter 1663, 1664, 1667, 1669, 1671 or 1673; a 
nursery school subject to chapter 1675; an adult day care program subject to chapter 
1679; or a hospice provider subject to chapter 1681 shall pay a processing fee not to 
exceed $10 to the department for the reissuance of a license or certificate· when the 
licensee or certificate holder made changes that require the reissuance of a license or 
certificate. 
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The department may adopt rules necessary to implement this section. ,Rules adoptea 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
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Sec. 5. 22 MRSA §7705 is enacted to read: 
§7705. Transaction fee for electronic renewal of license 
The department may collect a transaction fee from p'roviders renewing their licenses 
electronically under this subtitle. The fee may not 'exceed the cost of providing the 
electronic license renewal service. The department may adopt rules necessary to 
implement this section. Rules ·adopted pursuant to this paragraph are routine technical 
; rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6. 22 MRSA §8303-A, as amended by PL 2005, c. 530, §IO and,c. 640,'§4, is 
repealed and the following enacted in its place: 
§8303-A. Fee for iicenses 
1. Child care facilities and certified family child care providers. The department 
shall adopt rules to establish reasonable fees for both initial licensure or certification and 
license or certification renewals for child care facilities and certified family child care 
providers. Rules adopted pursuant to this subsection are major substantive rules pursuant 
to Title 5, chapter 375, subchapter 2-A. 
2. Nursery schools. The department shall adopt rules to establish reasonable initial 
and renewal licensing fees for nursery schools that may not exceed $40 for an initial or 
renewal license. The department may adopt rules necessary to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 7. 34-B MRSA §1224 is enacted to read: 
§1224. Processing fee 
Beginning October I, 20 I 0, a facility or health care provider subject to the licensing 
provisions of section 1203-A shall pay a processing fee not to exceed $10 to the 
department for the reissuance of a license when the licensee made changes that require 
the reissuance of a license. 
The department may adopt rules necessary to implement this section. Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
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SUMMARY 
This bill authorizes the Department of Health and Human Services to charge a 
processing fee when a licensed, certified or registered facility, health care provider or 
program must have a license, certificate or registration reisslled by the d.epartment 
because the licerisee, certificate holder or registration holder made changes that require 
the reissuance of the license, certificate or registration. 
The bill authorizes the department to establish an annual· registration fee for 
temporary nurse agencies and to increase the initial and renewal licensing fees for nursery 
schools, not to exceed $40. 
The bill also authorize1'1 the department to charge certain providers a transaction fee to 
renew licenses electronically. It authorizes the department to charge a verification fee to 
providers to check a certified nursing assistant's cred~ntials and training history. 
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