Resolve, To Establish the Commission To Examine Restructuring the Management of the Institutional Long-term Care Delivery System
Maine Legislature, Session 124, LD 1024
Committee: Health and Human Services
Sponsors: DAVIS, PENDLETON, GERZOFSKY, BURNS, MILLETT, WHEELER

Legislative Document. 
No. 1024 
S.P.388 
In Senate, March 17, 
Resolve, To Establish the Commission To Examine Restructuring 
the Management of the Institutional Long-term Care Delivery 
System 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator DAVIS of Cumberland. 
9tg(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative PENDLETON of Scarborough and 
Senator: GERZOFSKY of Cumberland, Representatives: BURNS of Whiting, MILLETT of 
Waterford, WHEELER of Kittery. 
Printed on recycled paper 
I 
Emergency preamble. "!hereas, acts and resolves' of the Legislature do not 
become effective until 90 days after adjournment unless enacted as cmcrgencies; and 
Whereas, the Commission To Examine Restructuring the Management of the 
Institutional Long-tenn Care Delivery. System established in this resolve is to report to 
the Legislature by December 2, 2009; and 
Whereas, the study must be initiated before the 90-day period expires in order that· 
the study may be completed and a report submitted in time for the next legislative 
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session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
lOthe 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 
Sec. 1. 'Commission established. Resolved: That the Commission To Examine 
Restructuring the Management of the Institutional Long-tenn Care Delivery System, 
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referred to in this resolve as "the commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: That the commission consists of 
members appointed as follows: 
1. Three members appointed by the President of the Senate as follows: 
A. Two Senators; and 
2.1 
B. One member representing c:onslqUers of long-ternl care services; and 
2. Six members appointed by the Speaker of the House as follows: 
A. Five Representatives; and 
B. One member representing providers of long-term care services; and 
3. The Commissioner of Health and Human Services or the commissioner's designee; 
and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
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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 conumSSlOn. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of tlus 
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resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. Witlun 15 days after appointment 
of all members, the chairs shall call and convene the first meeting of the comnussion, 
which must be no later than August 1, 2009; and be it further 
Sec. 5. Duties. Resolved: That the conmussion shall examine the management 
of the institutional long-tenn care delivery system with the goal of analyzing and 
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suggesting a thorough restl1Jcturing of service delivery to improve the quality of service 
and to make it more cost-effective. The analysis must include finding new ways to 
measure quality of scrvices and how to detennine the services' value and to focus on best 
practices for cost reduction and quality improvement by suggesting the following: 
1. The best way to restructure the reimbursement system into a payment system and 
reduce costs; 
.. 2. The best way to change the CUiTent inspection system of assessing on-site paper 
records, which achieves uneven inspection results, to modem data collection and 
reporting methods of patient outcomes and staffing costs; 
3. The best way to change the approach to delivery of nursing services to encourage 
increased use of hospice or palliative care models; and 
4. The best way to study and improve long-tenn care at the inpatient hospital and 
emergency room levels to address patient wishes and improve patient care while reduCing 
costs; and be it further 
Sec. 6. Staff assistance. Resolved: That the Legislative CounCil shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7. Report. Resolved: That, no later than December 2,2009, the commission 
shall submit a report that includes its findings 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 to the Second Regular Session 
of the 124th Legislature upon receipt of the report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes the Commission To Examine Restructuring'the Management 
of the Institutional Long-teml Care Delivery System to improve quality of service while 
reducing the costs of services. The commission is to focus on the best ways to change 
basic systems within long-teml care, such as restructuring the reimbursement and 
inspection systems, as well as the approach to the delivery of nursing services. The 
conunission is to report its findings to t~e Joint Standing Committee on Health and 
Human Services, which is authorized to introduce a bill on the commission's [mdings and 
suggestions.