An Act To Fund and Support the Veterans Homes in Caribou and Machias and Require Legislative Approval for the Establishment and Closure of Veterans Homes
Maine Legislature, Session 130, LD 2001
Committee Amendment CA_A_S468 (Senate)
Amends: 37-B MRSA §601, 37-B MRSA §603, 37-B MRSA §604, 37-B MRSA §611, 37-B MRSA §612

COMMITTEE AMENDMENT" A "to S.P. 719, L.D. 2001, "An Act To Fund and 
Support the Veterans Homes in Caribou and Machias and Require Legislative Approval 
for the Establishment and Closure of Veterans Homes" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify State Policy and Legislative Intent Regarding the Maine Veterans' 
Homes, To Require Notification of Closure of the Maine Veterans' Homes to the 
Legislature and To Fund Public Homes in Caribou and Machias in Order To Keep 
Them Open' 
Amend the bill by inserting after the title and before the enacting clause the following: 
'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 closure of the Maine Veterans' Homes facilities in Caribou and Machias 
will cause substantial and unnecessary harm and disruption to the veterans and the families 
of the veterans who are under the care of these facilities; and 
Whereas, closure of the Maine Veterans' Homes facilities in Caribou and Machias 
was abruptly decided without public discussion; and 
Whereas, the facilities in these locations are necessary to provide care to the veterans 
in the surrounding rural areas; 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, 
0 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 37-B MRSA §601, as amended by PL 2015, c. 397, §4, is repealed and the 
following enacted in its place: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 719, L.D. 2001 (s - 4 6'<3) 
§601. Statement of policy; purpose; location of homes; additional services 
1. Statement of policy. It is the policy of the State to ensure the provision of long-
term care, support and services to eligible veterans and their family members in every 
region of the State and the intent of the Legislature that the Maine Veterans' Homes 
implement this policy by providing long-term care, support and related services to fulfill 
the State's moral obligation to promote the well-being and dignity of the veterans who have 
served their nation, often in times of war and at great cost 
2. Purpose; location of homes. The primary purpose of the Maine Veterans' Homes 
is to provide support and care for honorably discharged veterans who served on active duty 
in the United States Armed Forces or who served in the Reserves of the United States 
Armed Forces on active duty for other than training purposes and for any other class of 
veterans who meet applicable state and federal requirements to receive services provided 
by the Maine Veterans' Homes. The Maine Veterans' Homes provide long-term care, 
support and related services to eligible veterans and family members of veterans in every 
region of the State. To carry out the duty of providing long-term care, support and related 
services to eligible veterans and family members of veterans, the Maine Veterans' Homes 
must be located in Augusta, Bangor, Caribou, Machias, Scarborough and South Paris. The 
homes located in the municipalities listed in this subsection must remain in continuous 
operation and no location may discontinue services unless the Board of Trustees of the 
Maine Veterans' Homes follows the process established in section 612. 
3. Additional services. In addition to the provision of long-term care, support and 
related services, the Maine Veterans' Homes may provide nonnursing facility care and 
services, including inpatient health care programs and adult day health care programs, to 
Maine veterans if approved by appropriate state and federal authorities. The Maine 
Veterans' Homes may construct community-based outpatient clinics for Maine veterans in 
cooperation with the United States Department of Veterans Affairs and may construct and 
operate veterans hospice facilities, veterans housing facilities and other facilities authorized 
by the Board of Trustees of the Maine Veterans' Homes, using available funds, including, 
but not limited to, funds sought under section 604, subsection 6. Any funds loaned to the 
Maine Veterans' Homes for operating purposes from the funded depreciation accounts of 
the Maine Veterans' Homes must be reimbursed from any funds received by the Maine 
Veterans' Homes and available for that purpose. 
Sec. 2. 37-B MRSA §603, sub-§1, as enacted by PL 2021, c. 238, §1, is amended 
to read: 
1. Administration of the homes. The administration of the homes is vested in the 
Board of Trustees of the Maine Veterans' Homes, referred to in this chapter as "the board," 
as authorized by Title 5, section 12004-G, subsection 34. 
Sec. 3. 37-B MRSA §603, sub-§2, as enacted by PL 2021, c. 238, §1, is repealed 
and the following enacted in its place: 
2. Appointment; composition. The board consists of 13 members, one of whom must 
be the Director of the Maine Bureau of Veterans' Services, ex officio, who serves without 
term. The Governor shall appoint the remaining members as follows: 
A. Nine members from a list of nominees submitted to the Governor by the board. The 
list submitted by the board must include individuals recommended to the board by 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 719, L.D. 2001 ( S - 1-J b '3) 
established veterans' service organizations with chapters in the State and organizations 
and individuals who have demonstrated leadership in their fields; and 
B. Three members who are not members of the United States Armed Forces or the 
National Guard or veterans and who are not on the list of nominees submitted by the 
board pursuant to paragraph A. 
The membership of the board must reflect the diversity of the State, including, but not 
limited to, diversity in geographic location, cultural and ethnic background, sexual 
orientation, gender identity and professional experience. A majority of board members 
must be honorably discharged veterans. 
Sec. 4. 37-B MRSA §604, sub-§2, as amended by PL 2021, c. 238, §2, is further 
amended to read: 
2. Meetings. The board shall meet at least 4 times annually. &Hf: Seven members 
constitute a quorum. 
Sec. 5. 37-B MRSA §604, sub-§6, as amended by PL 2015, c. 397, §12, is further 
amended to read: 
6. Other funds. The board may apply for and reeei¥e any grants in aid In order to 
ensure the continuous operation of the homes in the municipalities listed in section 601, the 
board shall seek funds from private and public sources, including, but not limited to, state 
and federal appropriations and grants for which the State or the homes may be eligible. 
Sec. 6. 37-B MRSA §604, sub-§7, as amended by PL 2015, c. 397, §12, is further 
amended to read: 
7. Rules. The board shall adopt rules necessary to administer the homes, to establish 
just charges for the maintenance of members and to oversee the operation of the homes. In 
adopting rules, the board shall seek comments and information from staff of the homes, 
members, members' families, members of the public and other relevant sources, but the 
Maine Administrative Procedure Act provisions regarding rulemaking, Title 5, chapter 3 7 5, 
subchapters 2 and 2-A, do not apply. 
Sec. 7. 37-B MRSA §604, sub-§8, as enacted by PL 1987, c. 11, §2, is amended 
to read: 
8. Assistance. ~ 
The Legislature and every department and agency of the State, 
•;,men requested, may furnish such assistance, counsel or advice as the board may request 
or require in the discharge of its duties. 
Sec. 8. 37-B MRSA §611, as amended byPL 2015, c. 397, §18, is further amended 
to read: 
§611. Reparts Annual reports 
+he By February 15, 2023 and annually thereafter, the board shall submit an annual!!: 
report to the Governor and the joint standing committee of the Legislature having 
jurisdiction over veterans affairs. This report must contain a copy of audited financial 
statements, statistics on members who resided in the homes during the year, any 
amendments to the rules regarding the administration of the homes made by the board since 
its last report on the administration of the homes, a description of any efforts to seek 
funding as required under section 604, subsection 6, recommendations to the Governor and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 719, L.D. 2001 
( S - l-16, 'z>) 
Legislature and information regarding such other matters as the board aeeH:rS considers 
pertinent. The joint standing committee of the Legislature having jurisdiction over veterans 
affairs may report out legislation based upon the report. 
Sec. 9. 37-B MRSA §612 is enacted to read: 
§612. Establishment; discontinuation of services 
The board may not establish a Maine Veterans' Homes location or discontinue services 
at a Maine Veterans' Homes location except as authorized by this section. 
1. Notification in annual report. If the board proposes to authorize the establishment 
of or discontinuation of services at a public home for veterans, the board shall notify the 
President of the Senate, the Speaker of the House of Representatives and the joint standing 
committee of the Legislature having jurisdiction over veterans affairs of the board's 
proposal in the annual report required under section 611. The board shall also provide the 
following information in the annual report: 
A. The financial and demographic data for the regions served by the home intended to 
be established or whose services are intended to be discontinued, including, but not 
limited to, any information regarding services necessary to meet the needs of eligible 
veterans and their families in the region; 
B. The board's plan for the care of the veterans receiving care or intended to receive 
care at the home and the family members of those veterans; and 
C. If services are proposed to be discontinued, the board's plan for the use or 
disposition of facilities after services are discontinued. 
2. Public meeting required. Within 30 days ofreceiving an annual report proposing 
the establishment of or discontinuation of services at a home in accordance with this 
section, the joint standing committee of the Legislature having jurisdiction over veterans 
affairs, with as much public notice as possible, shall hold a public meeting at which board 
members must present the reasons for the board's proposal and the committee shall accept 
public comments on the proposal. The committee may report out legislation based upon 
the information received at the meeting. 
3. Authorization by board. The board may not establish a public home for veterans 
0 
or authorize the discontinuation of services at a public home for veterans until 90 days have 
passed since adjournment of the legislative session in which the board included in its annual 
2 
report required in section 611 the proposal to establish or discontinue services at that public 
home for veterans. 
If the board establishes a public home for veterans or authorizes the discontinuation of 
services at a public home for veterans, the board shall notify the President of the Senate, 
the Speaker of the House of Representatives and the joint standing committee of the 
7 
Legislature having jurisdiction over veterans affairs of the establishment of or 
8 
discontinuation of services at the home in the first annual report required under section 611 
following the establishment of or discontinuation of services at the home. The joint 
standing committee may report out a bill to amend section 601 if necessary. 
Sec. 10. 
Maine Veterans' Homes; Caribou and Machias locations. 
Notwithstanding any decision of the Board of Trustees of the Maine Veterans' Homes prior 
to the effective date this section, the Maine Veterans' Homes located in Caribou and 
COMMITTEE AMENDMENT 
~os 
( 
COMMITTEE AMENDMENT" A" to S.P. 719, L.D. 2001 
( S - Lib 1) 
Machias may not be closed until the Board of Trustees of the Maine Veterans' Homes 
submits a report under the Maine Revised Statutes, Title 37-B, section 611 that includes a 
proposal to close those homes and the process required under Title 37-B, section 612 has 
been followed. 
Sec. 11. Maine Veterans' Homes; stakeholder group. The Board of Trustees 
of the Maine Veterans' Homes, in collaboration with the Commissioner of Defense, 
Veterans and Emergency Management and the Commissioner of Health and Human 
Services, shall convene a group of relevant stakeholders to develop a plan for the long-term 
viability and continuous operation of the Maine Veterans' Homes locations designated in 
the Maine Revised Statutes, Title 37-B, section 601. The stakeholder group must include 
or seek input from veterans and their families, employees of the Maine Veterans' Homes 
and people in the communities served by the Maine Veterans' Homes. The board shall 
present a report summarizing the findings and recommendations of the stakeholder group 
to the joint standing committee of the Legislature having jurisdiction over veterans affairs 
no later than February 15, 2023. 
Sec. 12. Department of Health and Human Services to amend rules; Maine 
Veterans' Homes. The Department of Health and Human Services shall allocate a total 
supplemental payment of $1,063,830 in fiscal year 2021-22 as described in this section. 
The department shall amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter 
III, Section 67, Principles of Reimbursement for Nursing Facilities, to allocate a 
supplemental payment of $2,442,200 in fiscal year 2022-23 to the Maine Veterans' Homes 
to offset budget shortfalls. Rules adopted pursuant to this section are routine technical rules 
as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. The 
department, in its rulemaking, shall allocate funding in a manner that addresses Maine 
Veterans' Homes shortfalls on a basis proportional to the shortfall of each Maine Veterans' 
Homes nursing facility. As a condition ofreceiving the supplemental payments, the Maine 
Veterans' Homes must commit to continue to provide all services that were offered at the 
Caribou and Machias homes on October 27, 2021. 
Sec. 13. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Nursing Facilities 0148 
Initiative: Provides one-time supplemental payments to the Department of Health and 
Human Services for the purpose of making supplemental payments to the Maine Veterans' 
Homes. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2021-22 
$1,000,000 
$1,000,000 
2021-22 
$0 
$0 
COMMITTEE AMENDMENT 
2022-23 
$750,000 
$750,000 
2022-23 
$1,545,668 
$1,545,668 
~os 
COMMITTEE AMENDMENT" A "to S.P. 719, L.D. 2001 
( S - /../ 6 <3) 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Amend the bill by adding before the summary the following: 
2021-22 
$63,830 
$63,830 
2022-23 
$146,532 
$146,532 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment changes the title of the bill and strikes and replaces the bill to do the 
following. 
1. It makes the bill an emergency. 
2. It establishes the policy and intent of the Legislature in establishing the Maine 
Veterans' Homes, which must have locations in the municipalities of Augusta, Bangor, 
Caribou, Machias, Scarborough and South Paris. 
3. It adds 3 civilian members, appointed by the Governor, to the Board of Trustees of 
the Maine Veterans' Homes. 
4. It requires that the Maine Veterans' Homes must seek funds from private and public 
sources, including, but not limited to, state and federal appropriations and grants for which 
the State or the homes may be eligible. 
5. It requires that the Board of Trustees of the Maine Veterans' Homes must seek 
comments from the public when adopting rules. 
6. It requires the Maine Veterans' Homes to submit in its annual report to the Governor 
and the joint standing committee of the Legislature having jurisdiction over veterans affairs 
a description of any efforts to seek funding and information regarding any proposal to 
discontinue services at a location of the Maine Veterans' Homes or establish a new location 
of the Maine Veterans' Homes and any amendments to the rules necessary to administer 
the homes. It allows the committee to report out legislation based upon the repo1i. 
7. It establishes requirements that the Board of Trustees of the Maine Veterans' Homes 
must follow when authorizing the establishment of or discontinuation of services at a public 
home for veterans. 
8. It requires the Board of Trustees of the Maine Veterans' Homes, in collaboration 
with the Commissioner of Defense, Veterans and Emergency Management and the 
7 
Commissioner of Health and Human Services, to convene a group of relevant stakeholders 
8 
to develop a plan for the long-term viability and continuous operation of the Maine 
Veterans' Homes locations designated in the amendment. The board is required to report 
that plan to the joint standing committee of the Legislature having jurisdiction over veterans 
affairs in its annual report presented to the committee in February 2023. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 719, L.D. 2001 
( S - 4 b ~ 
9. It directs the Department of Health and Human Services to make supplemental 
payments to the Maine Veterans' Homes in fiscal years 2021-22 and 2022-23 to offset 
budget shortfalls. As a condition of receiving the supplemental payments, the Maine 
Veterans' Homes must commit to continue providing services in Caribou and Machias. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/22/22 feae:.. 
LD 2001 
LR2636(02) 
An Act To Fund and Support the Veterans Homes in Caribou and Machias and Require Legislative 
Approval for the Establishment and Closure of Veterans Homes 
Fiscal Note for Bill as Amended by Committee Amendment '1/f (S - 46'6 \ 
Committee: Veterans and Legal Affairs 
~ 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
Projections 
FY 2023-24 
Projections 
FY 2024-25 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$1,000,000 
$1,000,000 
$0 
$63,830 
$750,000 
$750,000 
$1,545,668 
$146,532 
$0 
$0 
$0 
$0 
The bill includes General Fund appropriations to the Department of Health and Human Services of $1,000,000 in 
fiscal year 2021-22 and $750,000 in fiscal year 2022-23 for one-time supplemental payments to Maine Veterans' 
Homes. Federal Expenditures Fund allocations are also included in this bill for the FMAP match and Other Special 
Revenue Funds allocations for the Service Provider Tax. 
LR2636(02) - Fiscal Note - Page 1 of 1 
$0 
$0 
$0 
$0