Resolve, To Establish the Commission To Study Long-term Care Facilities
Maine Legislature, Session 126, LD 0986
Committee: Health and Human Services
Sponsors: BURNS, MAKER, COLLINS, CRAVEN, CUSHING, JACKSON, LONG, MALABY, NADEAU, TURNER

Legislative Document 
No. 986 
S.P. 331 
In Senate, March 12, 2013 
Resolve, To Establish the Commission To Study Long-term Care 
Facilities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Representative MAKER of Calais and 
Senators: COLLINS of York, CRAVEN of Androscoggin, CUSHING of Penobscot, 
JACKSON of Aroostook, Representatives: LONG of Sherman, MALABY of Hancock, 
NADEAU of Fort Kent, TURNER of Burlington. 
Sec. 1.  Commission To Study Long-term Care Facilities established.  
Resolved:  That the Commission To Study Long-term Care Facilities, 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 of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2.  Four members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; and 
3.  Six members appointed by the Governor who possess expertise in the subject 
matter of the study, as follows: 
A.  The director of a long-term care ombudsman program described under the Maine 
Revised Statutes, Title 22, section 5106, subsection 11-C; 
B.  The director of a statewide association representing long-term care facilities; 
C.  A person who serves as a city manager of a municipality in the State; 
D.  A person who serves as a director of a nursing facility in the State;  
E.  A person who represents consumers of long-term care services who reside in 
long-term care facilities in the State; and 
F.  The director of a statewide association of area agencies on aging; and be it further 
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
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 commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business; and be it further 
Sec. 5.  Duties.  Resolved:  That the commission shall study funding for long-term 
care facilities, staffing and regulatory requirements, collaborative agreements with critical 
access hospitals for the purposes of sharing resources, differential reimbursement 
mechanisms to reimburse facilities for which the MaineCare program is the payor for 
greater than 85% of the residents, the viability of privately owned facilities in rural 
communities and the impact on rural populations of nursing home closures.  In 
performing the study the commission shall review the final report of the Commission to 
Examine Rate Setting and the Financing of Maine's Long-term Care Facilities established 
by Resolve 1997, chapter 81; 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.  Information and assistance.  Resolved:  That the Commissioner of 
Health and Human Services, the State Auditor and the State Budget Officer shall provide 
information and assistance to the commission as required for its duties; and be it further 
Sec. 8.  Report.  Resolved:  That, no later than December 4, 2013, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 126th Legislature. 
SUMMARY 
This resolve establishes the Commission To Study Long-term Care Facilities.  The 
commission has 13 members and is required to report by December 4, 2013.