An Act To Increase Patient Choice in Health Care Facilities and Health Care Settings
Maine Legislature, Session 126, LD 0447
Committee: Health and Human Services
Sponsors: PATRICK, BRIGGS, JACKSON, GOODE, HARLOW, LONGSTAFF, MONAGHAN-DERRIG, PETERSON, RUSSELL
Amends: 22 MRSA §1833

Legislative Document 
No. 447 
S.P. 179 
In Senate, February 14, 2013 
An Act To Increase Patient Choice in Health Care Facilities and 
Health Care Settings 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative BRIGGS of Mexico and 
Senator: JACKSON of Aroostook, Representatives: GOODE of Bangor, HARLOW of 
Portland, LONGSTAFF of Waterville, MONAGHAN-DERRIG of Cape Elizabeth, 
PETERSON of Rumford, RUSSELL of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1833 is enacted to read: 
§1833.  Information disclosure and patient choice 
The following provisions apply to hospitals, nursing facilities, hospice providers, 
home health agencies and physicians licensed in the State in order to improve disclosure 
of information to patients and increase patients' choices. 
1.  Discharge from hospitals.  A hospital that is preparing to discharge a patient to a 
nursing facility, hospice provider or home health agency shall provide to the patient or to 
a representative of the patient information on the nursing facilities, hospice providers and 
home health agencies available to the patient that are able to serve the patient’s needs.  
The information must include which physicians provide health care services in each 
nursing facility, hospice provider and home health agency and any business connections 
between those entities and the physicians. 
2.  Nursing facility, hospice provider and home health agency information.  A 
nursing facility, hospice provider or home health agency that accepts patients upon 
discharge from a hospital shall on a regular basis provide information to the hospital on 
physicians that provide health care services in the nursing facility, hospice provider or 
home health agency and whether the physicians are accepting new patients.  The 
information must include the health care qualifications of the physicians and any business 
connections the physicians have with each nursing facility, hospice provider, home health 
agency or hospital, including ownership of the physicians' practices. 
3.  Physician information.  A physician who accepts new patients upon discharge 
from a hospital and admission to a nursing facility, hospice provider or home health 
agency shall on a regular basis provide information to the hospital, nursing facility, 
hospice provider or home health agency regarding whether the physician is accepting new 
patients.  The information must include the health care qualifications of the physician and 
any business connections the physician has with each nursing facility, hospice provider, 
home health agency or hospital, including ownership of the physician's practice. 
Sec. 2.  Rules regarding the responsibilities of medical directors in 
nursing facilities.  The Department of Health and Human Services shall amend its rules 
regarding licensure of nursing facilities, Rule Chapter 110, chapter 16, to require that the 
responsibilities of a facility's medical director meet the requirements of the guidelines for 
nursing facilities issued by the United States Department of Health and Human Services, 
Centers for Medicare and Medicaid Services.  Rules adopted pursuant to this section are 
routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill requires the disclosure of information to a patient who is being discharged 
from a hospital to a nursing facility, hospice provider or home health agency regarding 
the patient's health care options.  It requires information sharing among physicians, 
nursing facilities, hospice providers, home health agencies and hospitals to facilitate this 
disclosure.  It requires the information to include business connections among hospitals, 
nursing facilities, hospice providers and home health agencies and physicians.  The bill 
also requires the Department of Health and Human Services to amend its rules on medical 
directors in nursing facilities to make the rules consistent with federal requirements and 
designates the rules as routine technical rules.