An Act To Promote the Establishment of an Adult Day Health Care Program for Veterans in Lewiston
Maine Legislature, Session 125, LD 0873
Committee: Health and Human Services
Sponsors: CRAVEN, ROTUNDO, DIAMOND, BICKFORD, BOLDUC, CAREY, LAJOIE, PETERSON, RUSSELL, WAGNER

Legislative Document 
No. 873 
S.P. 277 
In Senate, March 8, 2011 
An Act To Promote the Establishment of an Adult Day Health Care 
Program for Veterans in Lewiston 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative ROTUNDO of Lewiston and 
Senator: DIAMOND of Cumberland, Representatives: BICKFORD of Auburn, BOLDUC of 
Auburn, CAREY of Lewiston, LAJOIE of Lewiston, PETERSON of Rumford, RUSSELL of 
Portland, WAGNER of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 1689 is enacted to read: 
CHAPTER 1689 
VETERANS' ADULT DAY HEALTH CARE PROGRAMS 
§9001.  Definition 
For purposes of this chapter, "veterans' adult day health care program" or "program" 
means a therapeutically oriented outpatient day program that provides health maintenance 
and rehabilitative services to participants eligible for services under Title 37-B, chapter 
11; that provides individualized care delivered by an interdisciplinary health care team 
and support staff, with an emphasis on helping participants and their caregivers to 
develop the knowledge and skills necessary to manage care requirements in the program; 
and that is principally targeted for complex medical or functional needs of veterans and 
other eligible participants.  "Veterans' adult day health care program" does not include a 
program for adults provided by a licensed residential facility, a day activity program 
licensed by the department or an adult day care program as defined in section 8601. 
§9002.  Rules 
The department shall adopt rules for veterans' adult day health care programs, which 
must include, but may not be limited to, rules pertaining to the health and safety of the 
eligible participants and staff, the quality of the program provided, the administration of 
medication and licensing procedures. Reimbursement to the provider of veterans' adult 
day health care must be at the rate of 65% of the MaineCare reimbursement for nursing 
facility care.  The department shall use as guidance for the rules those established by the 
United States Department of Veterans Affairs, 38 Code of Federal Regulations, Part 52. 
§9003.  License 
1.  License required.  Beginning October 1, 2011, a person may not operate a 
veterans' adult day health care program in this State without having obtained a license 
from the department. 
2.  Fee.  The department shall by rule establish a reasonable fee for a program 
license. 
§9004.  Fire safety 
1.  Inspection required.  A license may not be issued by the department for a 
veterans' adult day health care program until the department has received from the 
Commissioner of Public Safety a written statement signed by one of the officials 
designated under Title 25, section 2360, 2391 or 2392 to make fire safety inspections 
indicating that the program's facility is in compliance with the applicable fire safety 
provisions in subsection 2 and Title 25, section 2452. 
2.  Life Safety Code.  The written statement under subsection 1 must be furnished 
annually to the department and must indicate that the veterans' adult day health care 
program's facility is in compliance with the requirements of the National Fire Protection 
Association Life Safety Code that are specified in: 
A.  The provisions relating to family day care homes, if the veterans' adult day health 
care program has no more than 6 adults per session; 
B.  The provisions relating to group day care homes, if the veterans' adult day health 
care program has at least 7 but no more than 12 adults per session; or 
C.  The provisions relating to child day care, if the veterans' adult day health care 
program has 13 or more adults per session. 
3.  Fees.  The department shall establish and pay reasonable fees to the Department of 
Public Safety or a municipal official for each inspection under this section.  Fees 
collected by the Department of Public Safety under this subsection must be deposited into 
a special revenue account to defray expenses in carrying out this section.  Any balance of 
fees may not lapse but must be carried forward as a continuing account to be expended 
for the same purposes in the following fiscal years. 
§9005.  Prohibited employment 
1.  Criminal history record information.  A veterans' adult day health care program 
shall obtain criminal history record information about applicants for positions as 
unlicensed assistive personnel as defined in section 1717, subsection 1, paragraph D and 
may not hire an individual who: 
A.  Has worked as a certified nursing assistant and has been the subject of a notation 
by the state survey agency for a substantiated complaint of abuse, neglect or 
misappropriation of property in a health care setting that was entered on the Maine 
Registry of Certified Nursing Assistants; 
B.  Has been convicted in a court of law of a crime involving abuse, neglect or 
misappropriation of property in a health care setting; or 
C.  Has a prior criminal conviction within the last 10 years of: 
(1)  A crime for which incarceration of 3 years or more may be imposed under 
the laws of the state in which the conviction occurred; or 
(2)  A crime for which incarceration of less than 3 years may be imposed under 
the laws of the state in which the conviction occurred involving sexual 
misconduct or involving abuse, neglect or exploitation in a setting other than a 
health care setting. 
Sec. 2.  Initial veterans' adult day health care program.  The Department of 
Health and Human Services shall give initial consideration for licensure of a veterans' 
adult day health care program under the Maine Revised Statutes, Title 22, chapter 1689 to 
an applicant who proposes to establish a program in the Lewiston area. 
SUMMARY 
This bill establishes a model for adult day health care programs to serve Maine's 
veterans and eligible family members.  The model is based on United States Department 
of Veterans Affairs program requirements and criteria, which promote home health care 
and community-based outpatient care.  This model is intended to reduce both short-term 
and long-term costs of such care by utilizing community-based outpatient care options 
and combining federal and state funding while providing a wider range of medical care 
services, oversight and assistance with daily living for Maine's veterans and eligible 
family members.  The initial placement of a facility is intended to be in Lewiston, which 
is an underserved area that is accessible to a significant population of eligible participants 
and allows the facility to be colocated at existing outreach facilities for veterans.