Resolve, Establishing the Commission To Study Ways To Support and Strengthen the Direct Care Workforce across the Long-term Care Continuum
Maine Legislature, Session 127, LD 1644
Committee: Health and Human Services
Sponsors: EVES, BURNS

Legislative Document 
No. 1644 
H.P. 1119 
House of Representatives, March 10, 2016 
Resolve, Establishing the Commission To Study Ways To Support 
and Strengthen the Direct Care Workforce across the Long-term 
Care Continuum 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Speaker EVES of North Berwick. 
Cosponsored by Senator BURNS of Washington. 
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 Commission To Study Ways To Support and Strengthen the Direct 
Care Workforce across the Long-term Care Continuum is established to address a 
growing crisis related to a lack of direct care workers to provide home-based, 
community-based and facility-based long-term care; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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.  Commission established. Resolved: That the Commission To Study 
Ways To Support and Strengthen the Direct Care Workforce across the Long-term Care 
Continuum, referred to in this resolve as "the commission," is established; and be it 
further 
Sec. 2.  Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 15 members as follows: 
1. Two 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. Three 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. Ten members who possess expertise in the subject matter of the study as follows: 
A.  The Commissioner of Health and Human Services or the commissioner's 
designee; 
B.  The Commissioner of Labor or the commissioner's designee; 
C.  A direct care worker appointed by the President of the Senate; 
D.  A provider of home-based long-term care who is a member of a statewide 
association representing home-based long-term care providers appointed by the 
President of the Senate; 
E.  A representative of a statewide association representing nonprofit housing and 
senior service programming appointed by the President of the Senate; 
F.  A provider of facility-based long-term care who is a member of a statewide 
association representing facility-based long-term care providers appointed by the 
Speaker of the House; 
G.  A representative of an organization providing statewide homemaker services 
through the state-funded independent support services program within the 
Department of Health and Human Services appointed by the Speaker of the House; 
H.  A representative of an institution of higher education engaged in workforce 
development appointed by the Speaker of the House; 
I.  A representative of a service coordination agency providing service coordination 
to people receiving home-based and community-based long-term care appointed by 
the Speaker of the House; and 
J.  The executive director of the long-term care ombudsman program described under 
the Maine Revised Statutes, Title 22, section 5106, subsection 11-C; 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 current challenges to 
recruiting and retaining direct care workers and ensuring high-quality long-term care for 
seniors in the State and recommend ways to support and strengthen this workforce across 
the long-term care continuum. The commission shall: 
1.  Review studies, legislation and Department of Health and Human Services' 
initiatives related to recruiting and retaining direct care workers and ensuring high-quality 
long-term care; 
2.  Across the long-term care continuum, develop a comparison chart identifying the 
types of direct care worker jobs and, for each type of job, identifying the current number 
of workers, required licensure and training and average salary and benefits; 
3.  Assess the current demand for direct care workers, including, but not limited to, 
identifying unmet staffing needs, gaps in specific geographic regions or particular 
services and labor market pressures that lead to worker shortages across the long-term 
care continuum; 
4.  Identify clear pathways to increase the direct care workforce in the State to meet 
current demand, including strategies to bring more people into that career path as well as 
ways to create career advancement opportunities within and between long-term care 
settings; 
5.  Develop ways to make direct care worker jobs attractive to large numbers of new 
and qualified personnel, including, but not limited to, creating worker incentives, such as 
tuition forgiveness and tuition credit, and establishing more flexible and relevant 
approaches to education, credentialing and ongoing training; 
6.  Develop strategies for establishing high-quality work environments, including 
workplace and job design, management practices, supervisor training and opportunities 
for peer learning and leadership; 
7.  Recommend changes to the long-term care system that align service delivery with 
financing to facilitate closing the care gaps across the long-term care continuum; and 
8.  Examine programs in other states to determine if there are models that could be 
used to develop a stronger direct care workforce in the State; and be it further 
Sec. 6.  Staff assistance. Resolved: That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the commission; and be it 
further 
Sec. 7.  Report. Resolved: That, notwithstanding Joint Rule 353, no later than 
December 2, 2016, the commission shall submit a report that includes its findings and 
recommendations, including suggested legislation, to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters. The committee 
may report out legislation on the subject matter of the report to the First Regular Session 
of the 128th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes the Commission To Study Ways To Support and Strengthen 
the Direct Care Workforce across the Long-term Care Continuum. The commission is 
required to study current challenges to recruiting and retaining direct care workers and 
recommend ways to support and strengthen that workforce across the long-term care 
continuum. The commission's duties include reviewing related studies, legislation and 
Department of Health and Human Services' initiatives; determining current demand for 
direct care workers across long-term care settings; identifying career pathways for direct 
care workers within and across long-term care settings; developing worker incentive 
programs; and developing strategies to create high-quality work environments. The 
commission must submit its report, including suggested legislation, to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
no later than December 2, 2016. The committee may report out legislation to the First 
Regular Session of the 128th Legislature.