Resolve, To Promote Quality and Transparency in the Provision of Services by Assisted Housing Programs That Provide Memory Care
Maine Legislature, Session 129, LD 1548
Committee: Health and Human Services
Sponsors: LIBBY

Legislative Document
No. 1548
S.P. 485
In Senate, April 11, 2019
Resolve, To Promote Quality and Transparency in the Provision of 
Services by Assisted Housing Programs That Provide Memory Care
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Sec. 1.  Time study of needs of residents in assisted housing programs.  
Resolved:  That, in order to determine the needs of residents in assisted housing 
programs as defined in the Maine Revised Statutes, Title 22, section 7852, subsection 2, 
the Department of Health and Human Services shall contract with the University of 
Southern Maine's Edmund S. Muskie School of Public Service to conduct a study to 
determine the amount of time assisted housing program staff devote to meeting the needs 
of residents in assisted housing programs.  The time study must focus on the time 
allocated to meeting the needs of residents with Alzheimer's disease or dementia.  The 
study must document the amount of time assisted housing program staff engage in all 
tasks required to meet the needs of residents, including, but not limited to, hands-on care 
and redirection, cueing and reminders provided to residents experiencing symptoms of 
distress.
Sec. 2.  Rulemaking regarding Alzheimer's and dementia care and other 
memory care in assisted housing programs.  Resolved:  That the Department of 
Health and Human Services shall amend its rule Chapter 113: Regulations Governing the 
Licensing and Functioning of Assisted Housing Programs to:
1.  Require assisted housing programs to provide disclosure statements to prospective 
and current residents of Alzheimer's and dementia care units or other memory care units 
and to post the statements in a conspicuous place in each unit.  The disclosure statements 
must include:
A.  A description of the care and services relevant to specialized Alzheimer's and 
dementia care or other memory care provided by the unit;
B.  Information on staffing in the unit to meet residents' needs;
C.  A description of therapeutic activities provided by the unit;
D.  Information on staff training specific to Alzheimer's and dementia care and other 
memory care; and
E.  Other information the department determines necessary to adequately inform 
consumers and family members about specialized services provided by the unit;
2.  Change a requirement that facilities with Alzheimer's or dementia care units or 
other memory care units provide classroom training to new employees on dealing with 
difficult behaviors to a requirement that facilities with Alzheimer's or dementia care units 
or other memory care units provide classroom training to new employees on 
understanding behavior as communication;
3.  Require all facilities with Alzheimer's or dementia care units or other memory care 
units to offer individual or group activities in accordance with assessed individual person-
centered needs of each resident; and
4.  Require staffing agencies, including agencies that provide temporary staffing, to 
provide evidence to facilities with Alzheimer's or dementia care units or other memory 
care units that the staff provided to the units have received training required by 
department rule. 
Sec. 3.  Department of Health and Human Services; Alzheimer's and 
dementia care and other memory care work group.  Resolved:  That the 
Department of Health and Human Services' division of licensing and certification shall 
establish a work group including providers, advocates and family members of persons 
with Alzheimer's disease or dementia to review the adequacy of current training for direct 
care staff in Alzheimer's and dementia care units or other memory care units within 
assisted housing programs required by department rules.  The work group shall:
1.  Consider the development and implementation of a written or oral competency 
exam or evaluation to demonstrate skill competency and knowledge gained through the 
training curriculum for direct care staff.  The work group shall also consider the inclusion 
of care recipient and family surveys as part of the evaluation of training competency;
2.  Review current rules regarding training for direct care staff in Alzheimer's or 
dementia care units and other memory care units within assisted housing programs to 
ensure that training includes:
A.  A basic introduction to the foundations of Alzheimer's and dementia care and 
other memory care;
B.  Communicating and connecting with residents with Alzheimer's disease or 
dementia;
C.  Techniques and approaches to care of persons with Alzheimer's disease or 
dementia;
D.  Person-centered care;
E.  Understanding the needs of and working with families;
F.  The dietary needs of residents with Alzheimer's disease or dementia;
G.  The social needs and appropriate activities in the care of residents with 
Alzheimer's disease or dementia;
H.  Recognizing and responding to caregiver stress;
I.  Preventing, recognizing and responding to abuse and neglect of residents with 
Alzheimer's disease or dementia; and
J.  Interactive training;
3.  Review ongoing training requirements for direct care staff in Alzheimer's or 
dementia care units and other memory care units and consider whether:
A.  An additional 4 to 8 hours of annual training should be provided; and
B.  Management and other staff should be included in training; and
4.  Make recommendations to the department for amendments to the rules governing 
assisted housing programs that focus on person-centered care.  The recommendations 
must include a definition of "person-centered care."  The review must include a review of 
life stories of residents and their habits and preferences as approaches to better 
understand resident needs to plan and provide care.
SUMMARY
This resolve requires the Department of Health and Human Services to contract with 
the University of Southern Maine's Edmund S. Muskie School of Public Service to 
conduct a study to determine the amount of time assisted housing program staff devote to 
meeting the needs of residents in assisted housing programs, with a focus on residents 
with Alzheimer's disease or dementia.  It requires the department to amend certain 
provisions in the department's rule governing the licensing and functioning of assisted 
housing programs.  It requires the department to establish a work group to review 
department rules governing training for direct care staff in Alzheimer's or dementia care 
units and other memory care units to determine the adequacy of the training.