An Act To Provide Licensed Assisted Living and Nursing Facilities Levels of Care for Incarcerated Persons
Maine Legislature, Session 130, LD 0476
Committee: Criminal Justice and Public Safety
Sponsors: MORALES
Amends: 34-A MRSA §1402

Legislative Document
No. 476
H.P. 350
House of Representatives, February 16, 2021
An Act To Provide Licensed Assisted Living and Nursing Facilities 
Levels of Care for Incarcerated Persons
Received by the Clerk of the House on February 11, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §1402, sub-§14 is enacted to read:
14.  Long-term care services.  The commissioner shall establish and maintain long-
term care services at the assisted living and nursing facility levels of care, as defined by 
rule by the Department of Health and Human Services, in units licensed by the Department 
of Health and Human Services that are located within correctional facilities and in licensed 
facilities in the community.  The units must provide long-term care for prisoners committed 
to the department who are determined to be eligible.  The following provisions govern 
eligibility and the provision of long-term care services pursuant to this subsection.
A.  The commissioner shall develop procedures to provide information to prisoners and 
their families regarding assisted living and nursing facility services available under this 
subsection.
B.  The commissioner shall assist prisoners and their families in applying for 
assessment of long-term care medical and social needs using the Medicaid eligibility 
assessment provided under Title 22, section 3174-I.
C.  The commissioner may establish and maintain licensed assisted living units and 
nursing facility units within correctional facilities to serve the needs of prisoners and 
shall place prisoners in those units as appropriate to each prisoner.
D.  If the commissioner is unable to provide assisted living units and nursing facility 
units in correctional facilities to serve the needs of prisoners determined to be eligible 
under paragraph B, the commissioner shall develop or contract for assisted living and 
nursing facility levels of care in licensed facilities in the community and shall place 
prisoners in those facilities as appropriate to each prisoner.
E.  The commissioner shall work with the Department of Health and Human Services 
to develop licensed assisted living units and nursing facility units in correctional 
facilities under paragraph C and licensed assisted living facilities and licensed nursing 
facilities in the community under paragraph D and to encourage licensed facilities in 
the community to accept prisoners as residents.  The department shall provide training 
to licensed facilities in the community regarding the specific needs of prisoners 
committed to the department.
F.  The commissioner shall adopt rules to implement this subsection.  Rules adopted 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill provides for assisted living and nursing facility levels of care in licensed units 
in correctional facilities of the Department of Corrections and in licensed facilities in the 
community for prisoners in the custody of the Department of Corrections.  The bill provides 
for assessment of medical and social needs of prisoners using the Medicaid eligibility 
assessment.  The bill requires the Department of Corrections to work with the Department 
of Health and Human Services to develop licensed units in correctional facilities, to provide 
long-term and assisted living and nursing facility levels of care in licensed facilities in the 
community and to encourage licensed community facilities to accept prisoners as residents.  
The bill requires the Department of Corrections to provide training to licensed facilities in 
the community regarding the specific needs of prisoners committed to the department.  The 
bill requires the Department of Corrections to adopt routine technical rules to implement 
the requirement that the department provide long-term care services.