An Act To Amend the Nursing Facility Licensing Rules To Enhance Cost of Care Collection
Maine Legislature, Session 129, LD 2107
Committee: Health and Human Services
Amends: 22 MRSA §1826

Legislative Document
No. 2107
H.P. 1503
House of Representatives, February 13, 2020
An Act To Amend the Nursing Facility Licensing Rules To Enhance 
Cost of Care Collection
Reported by Representative HYMANSON of York for the Joint Standing Committee on 
Health and Human Services pursuant to Joint Order 2019, H.P. 1489.
Reference to the Committee on Health and Human Services suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1826, sub-§2, ¶J is enacted to read:
J.  Each contract or agreement must contain a provision that requires a resident's 
agent who has legal access to a resident's income or financial resources to pay for 
facility services for the resident from the resident's financial resources, except that the 
resident's agent may not be held personally liable for the resident's facility expenses.
Sec. 2.  Department of Health and Human Services; standard admission 
contract; rulemaking.  The Department of Health and Human Services shall, no later 
than January 1, 2021, amend its rules in Chapter 110: Regulations Governing the 
Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities to modify 
the standard admission contract for residents of nursing homes to make the following 
changes:
1.  Include a provision that requires a resident's agent who has legal access to a 
resident's income or financial resources to pay for nursing facility services for the resident 
from the resident's financial resources, except that the resident's agent may not be held 
personally liable for the resident's facility expenses; and
2.  Include a provision that provides that, if a resident's agent fails in the agent's 
obligation to ensure that the nursing facility is timely paid for the costs of a resident's 
monthly care or fails to perform any of the agent's obligations described in the contract, in 
addition to any other legal remedy the nursing facility may possess, the nursing facility 
may pursue a legal action against the agent in Probate Court or District Court for review 
of the agent's performance.  In addition to other relief that the nursing facility may request 
from the court under such action, the nursing facility may also include a request for 
attorney's fees and costs.
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires the Department of Health and Human Services to amend its nursing 
facility rules, Chapter 110: Regulations Governing the Licensing and Functioning of 
Skilled Nursing Facilities and Nursing Facilities, to modify the standard admission 
contract for the residents of nursing homes to specifically include a requirement for a 
resident's legal agent to use the resident's financial resources to pay for nursing facility 
services and to clarify that a nursing facility seeking relief when a resident's agent fails to 
perform the agent's obligations may also request attorney's fees and costs.  The 
department is required to amend the rule no later than January 1, 2021.