An Act To Establish Long-term Memory Care Facilities and To Provide Adequate Staffing and Reimbursement
Maine Legislature, Session 128, LD 0804
Committee: Health and Human Services
Sponsors: LIBBY, HYMANSON, BRAKEY
Amends: 22 MRSA §3174-Z

Legislative Document
No. 804
S.P. 249
In Senate, March 2, 2017
An Act To Establish Long-term Memory Care Facilities and To 
Provide Adequate Staffing and Reimbursement
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative HYMANSON of York and
Senator: BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3174-ZZ is enacted to read: 
§3174-ZZ.  Memory care facilities 
Beginning January 1, 2018, the Department of Health and Human Services shall 
provide long-term care services in memory care facilities in accordance with standards 
established by the department through rulemaking to persons who qualify under section 
3174-G and require assistance with activities of daily living as defined in section 1717, 
subsection 1, paragraph A because of cognitive impairments.  Rules adopted pursuant to 
this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Rulemaking.  The Department of Health and Human Services shall adopt 
rules to implement the provisions of the Maine Revised Statutes, Title 22, section 
3174-ZZ.  The rules must provide that memory care facilities that provide assistance with 
activities of daily living to persons with memory impairments are staffed at the following 
patient-to-staff ratios: on the day shift a ratio of 6 to 1; on the evening shift a ratio of 12 
to 1; and on the night shift a ratio of 18 to 1.  The rules must provide for rates of 
reimbursement for memory care facilities that provide assistance with activities of daily 
living to persons with memory impairments at a level that is 50% above the rates of 
reimbursement for the highest level of private nonmedical institutions provided by 
department rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97. 
SUMMARY 
This bill requires the Department of Health and Human Services to provide long-term 
care services in memory care facilities to persons who qualify under the Maine Revised 
Statutes, Title 22, section 3174-G and require assistance with activities of daily living 
because of cognitive impairments by January 1, 2018 in accordance with standards 
established by the department through routine technical rulemaking.  The rules must 
provide that memory care facilities that provide assistance with activities of daily living 
to persons with memory impairments are staffed at the following patient-to-staff ratios: 
on the day shift a ratio of 6 to 1; on the evening shift a ratio of 12 to 1; and on the night 
shift a ratio of 18 to 1.  The rules must provide for rates of reimbursement for facilities 
that provide assistance with activities of daily living to persons with memory impairments 
at a level that is 50% above the rates of reimbursement provided for the highest level of 
private nonmedical institutions by MaineCare.