Resolve, To Amend the Rules Concerning Long-term Care Services To Better Support Family Caregivers
Maine Legislature, Session 125, LD 0739
Committee: Health and Human Services
Sponsors: CRAVEN, BRANNIGAN, HOBBINS, RICHARDSON, DIAMOND, SULLIVAN, EVES, SANBORN, STUCKEY

Legislative Document 
No. 739 
S.P. 232 
In Senate, February 18, 2011 
Resolve, To Amend the Rules Concerning Long-term Care Services 
To Better Support Family Caregivers 
Received by the Secretary of the Senate on February 18, 2011.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Senators: BRANNIGAN of Cumberland, HOBBINS of York, Representative 
RICHARDSON of Warren, Representative CORNELL du HOUX of Brunswick and 
Senators: DIAMOND of Cumberland, SULLIVAN of York, Representatives: EVES of North 
Berwick, SANBORN of Gorham, STUCKEY of Portland. 
Sec. 1.  Rule amendment.  Resolved: That the Department of Health and Human 
Services shall amend its rules pertaining to eligibility for long-term care services under 
the MaineCare program or state-funded programs as follows: 
1.  The department may not require, as a condition of eligibility, that an applicant 
have a prospective, legally enforceable written agreement governing the paid services 
provided by a relative; 
2. The department may not presume that an applicant who has received paid services 
from a family member without a written agreement has done so for the purpose of 
qualifying for public benefits;  
3.  The department may not presume that an applicant has made a disqualifying 
transfer of assets in the absence of a statement from a physician that the paid services 
provided by a relative were necessary.  The department may require that the applicant, at 
the time of application, obtain a written statement from the applicant's physician 
confirming that the services provided in the past were necessary to prevent the applicant's 
transfer to residential or nursing facility care; 
4.  The department may not presume that an applicant who lives in a residential care 
or nursing facility has made a transfer of assets for less than fair market value, triggering 
a period of ineligibility, if the applicant pays reasonable compensation to a relative to 
provide services that are not provided by the facility or that supplement the services 
provided by the facility; 
5.  The department shall amend its rules to change the definition of "services" to 
mean assistance provided by a relative with activities of daily living or instrumental 
activities of daily living; and 
6. With respect to an applicant’s reimbursement of a relative for the relative’s 
providing necessities or purchasing goods and services for the applicant, the department 
may not require, as a condition of eligibility, a written agreement governing such 
reimbursement or a statement from a physician that the purchases are or were necessary. 
The department shall adopt rules to incorporate the amendments required by this 
resolve by October 15, 2011 and shall notify the Joint Standing Committee on Health and 
Human Services of the completion of the rulemaking.  Rules adopted pursuant to this 
section are routine technical rules as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This resolve requires the Department of Health and Human Services to amend its 
rules on eligibility for long-term care services provided under the MaineCare program or 
state-funded programs to remove provisions and presumptions that disqualify some 
persons from eligibility for long-term care.  Amendments to the rules will enable more 
people to qualify for long-term care services by removing the requirements of written 
agreements and by removing the presumptions regarding the purpose of paying for 
services and certain transfers.  The resolve directs the department to adopt routine 
technical rules to incorporate the amendments by October 15, 2011 and to notify the Joint 
Standing Committee on Health and Human Services.