Resolve, To Ensure Appropriate Personal Needs Allowances for Persons Residing in Long-term Care Facilities
Maine Legislature, Session 127, LD 0090
Committee: Health and Human Services
Sponsors: STUCKEY, BURNS, FARNSWORTH, MAKER, TURNER, BREEN, SAVIELLO

Legislative Document 
No. 90 
H.P. 73 
House of Representatives, January 16, 2015 
Resolve, To Ensure Appropriate Personal Needs Allowances for 
Persons Residing in Long-term Care Facilities 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative STUCKEY of Portland. 
Cosponsored by Senator BURNS of Washington and 
Representatives: FARNSWORTH of Portland, MAKER of Calais, TURNER of Burlington, 
Senators: BREEN of Cumberland, SAVIELLO of Franklin. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the people of the State need and deserve a variety of well-planned and 
financially stable long-term care services in home-based and community-based care 
settings and in nursing facilities in their communities; and 
Whereas, recent closures of nursing facilities, in particular in rural and underserved 
areas of the State, have had a significant impact on Maine families and communities; and 
Whereas, in order to provide high-quality care to elderly and disabled persons and 
to maintain access to services across the State, the Legislature must take immediate action 
to continue a thoughtful and thorough planning process; 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.  Personal needs allowance for residents of nursing facilities.  
Resolved:  That, by October 1, 2015, the Department of Health and Human Services 
shall amend the rules for the MaineCare program to increase the personal needs 
allowance for persons residing in nursing facilities.  The rules must provide for an 
increase in the personal needs allowance from $40 per month to $50 per month.  Rules 
adopted pursuant to this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it further 
Sec. 2.  Personal needs allowance for residents of residential care 
facilities.  Resolved:  That, by October 1, 2015, the Department of Health and Human 
Services shall amend the rules for the MaineCare program to increase the personal needs 
allowance for persons residing in residential care facilities.  The rules must provide for an 
increase in the personal needs allowance from $70 per month to $90 per month.  Rules 
adopted pursuant to this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Health and Human Services to amend its rules 
to provide for increases in the personal needs allowances of residents in nursing facilities 
and residential care facilities.  The rules are designated as routine technical rules.