Resolve, To Reconcile Conflicts between the Home and Community-based Waiver Program for the Elderly and Adults with Disabilities and the Requirements of the Department of Health and Human Services and the Department of Public Safety
Maine Legislature, Session 127, LD 0517
Committee: Health and Human Services
Sponsors: FARNSWORTH, McCLELLAN, PETERSON, STUCKEY

Legislative Document 
No. 517 
H.P. 356 
House of Representatives, February 24, 2015 
Resolve, To Reconcile Conflicts between the Home and Community-
based Waiver Program for the Elderly and Adults with Disabilities 
and the Requirements of the Department of Health and Human 
Services and the Department of Public Safety 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative FARNSWORTH of Portland. 
Cosponsored by Representatives: McCLELLAN of Raymond, PETERSON of Rumford, 
STUCKEY of Portland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation must take effect before the expiration of the 90-day period 
in order for the report of the stakeholder group, to be convened by the Commissioner of 
Health and Human Services and the Commissioner of Public Safety, to be timely filed; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the 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.  Stakeholder group.  Resolved:  That the Commissioner of Health and 
Human Services and the Commissioner of Public Safety shall jointly convene a 
stakeholder group to determine the most appropriate home-like, community-based 
residential settings for residents participating in the home and community-based waiver 
program for the elderly and adults with disabilities that are consonant with ensuring their 
safety and maintaining the program's cost-effectiveness.  The stakeholder group must 
include representatives of the office of aging and disability services and the division of 
licensing and regulatory services within the Department of Health and Human Services, 
representatives of the Office of the State Fire Marshal within the Department of Public 
Safety and stakeholders in the community, including individuals with disabilities who 
participate in the home and community-based waiver program, their advocates and their 
providers of services.  The stakeholder group shall determine and develop a plan to 
address the licensing and regulatory requirements that adversely affect the program's 
cost-effectiveness and that are not necessary for the health and safety of the residents; and 
be it further 
Sec. 2.  Report. Resolved:  That the stakeholder group under section 1 shall 
prepare and submit a report based on its determinations and including its plan to the 
Commissioner of Health and Human Services and the Commissioner of Public Safety by 
May 1, 2015.  The commissioners or their designees shall submit the report and any 
legislation necessary to implement the plan to the Joint Standing Committee on Health 
and Human Services by May 15, 2015.  The joint standing committee may report out a 
bill based on the report and plan to the First Regular Session of the 127th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Commissioner of Health and Human Services and the 
Commissioner of Public Safety to convene a stakeholder group to resolve ongoing issues 
between the home and community-based waiver program for the elderly and adults with 
disabilities and the requirements of the Department of Health and Human Services and 
the Department of Public Safety.  The stakeholder group is directed to report with a plan 
to resolve the issues to the commissioners by May 1, 2015.  The commissioners are 
directed to submit by May 15, 2015 the report and any legislation necessary to implement 
the plan to the Joint Standing Committee on Health and Human Services, which is 
authorized to submit a bill to the First Regular Session of the 127th Legislature.