Resolve, Directing the Department of Health and Human Services To Conduct a Review of Rules Governing In-home Personal Care Assistance Services
Maine Legislature, Session 130, LD 0958
Committee: Health and Human Services
Sponsors: MAXMIN, BAILEY, CLAXTON, RECKITT, WHITE

Legislative Document
No. 958
S.P. 310
In Senate, March 9, 2021
Resolve, Directing the Department of Health and Human Services 
To Conduct a Review of Rules Governing In-home Personal Care 
Assistance Services
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MAXMIN of Lincoln.
Cosponsored by Senators: BAILEY of York, CLAXTON of Androscoggin, Representatives: 
RECKITT of South Portland, WHITE of Waterville.
Sec. 1.  Review of rules governing direct care services.  Resolved:  That the 
Department of Health and Human Services shall review its rules governing the provision 
of and reimbursement for direct care services provided in the home to assist individuals 
with the activities of daily living and the instrumental activities of daily living.  The review 
must include direct care services provided in the home by home health aides, certified 
nursing assistants, direct support professionals, personal support specialists and unlicensed 
assistive personnel.  The department shall include providers, consumers, direct care 
workers, the long-term care ombudsman and other interested parties in the review process.  
The review must examine the manner in which entities providing direct care services to 
affected individuals provide information, such as advance notice of staff absences, 
termination of services and training requirements, and ensure supervision and quality care 
and protection of vulnerable people receiving care.  The review must include, but is not 
limited to, direct care provided in the home under the following Department of Health and 
Human Services rules:
1.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 12, Consumer 
Directed Attendant Services;
2.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 18, Home and 
Community-Based Services for Adults with Brain Injury;
3.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 19, Home and 
Community Benefits for the Elderly and Adults with Disabilities;
4.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 20, Home and 
Community Based Services for Adults with Other Related Conditions;
5.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21, Home and 
Community Benefits for Members with Intellectual Disabilities or Autism Spectrum 
Disorder;
6.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 29, Support Services 
for Adults with Intellectual Disabilities or Autism Spectrum Disorder;
7.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 40, Home Health 
Services;
8.  Chapter 101: MaineCare Benefits Manual, Chapter II, Section 96, Private Duty 
Nursing and Personal Care Services;
9.  Office of Aging and Disability Services Policy Manual, Part 1, Chapter 5, Section 
63, In-Home and Community Support Services for Elderly and Other Adults;
10.  Office of Aging and Disabilities Services Policy Manual, Part 2, Chapter 11, 
Consumer Directed Personal Assistance Services;
11.  Chapter 119, Regulations Governing the Licensing and Functioning of Home 
Health Care Services; and
12.  Chapter 129, Rules and Regulations Governing In-Home Personal Care and 
Support Workers.
The department shall complete its review and report its findings and recommendations, 
no later than January 1, 2023, to the Joint Standing Committee on Health and Human 
Services.  The committee may report out legislation based on the department's findings to 
the First Regular Session of the 131st Legislature.
SUMMARY
This resolve requires the Department of Health and Human Services to review rules 
that relate to direct care services provided in the home to assist individuals with the 
activities of daily living and the instrumental activities of daily living.  The review must 
examine how entities providing direct care services to affected individuals provide 
information, such as advance notice of staff absences, termination of services and training 
requirements, and ensure supervision and quality care and protection of vulnerable people 
receiving care.  The department is required to submit its findings and recommendations to 
the Joint Standing Committee on Health and Human Services no later than January 1, 2023.