An Act to Authorize the Department of Health and Human Services to License and Ensure the Quality of Personal Care Agencies
Maine Legislature, Session 131, LD 0636
Committee: Health and Human Services
Sponsors: CRAVEN
Amends: 22 MRSA §1717, 22 MRSA §1812-G, 22 MRSA §7931, 22 MRSA §7932, 22 MRSA §7933, 22 MRSA §7934, 22 MRSA §7937, 22 MRSA §9053

Legislative Document
No. 636
H.P. 413
House of Representatives, February 14, 2023
An Act to Authorize the Department of Health and Human Services 
to License and Ensure the Quality of Personal Care Agencies
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CRAVEN of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1717, as amended by PL 2015, c. 494, Pt. A, §15, is further 
amended by amending the section headnote to read:
§1717.  Registration Licensing of personal care agencies and placement agencies
Sec. 2.  22 MRSA §1717, sub-§1, ¶C, as amended by PL 2015, c. 196, §2 and c. 
299, §2, is further amended to read:
C.  "Personal care agency" means a business entity or subsidiary of a business entity 
that is not otherwise licensed by the Division of Licensing department's division of 
licensing and Regulatory Services certification and that hires and employs direct access 
personnel or individuals who work in direct contact with clients, patients or residents 
to provide assistance with activities of daily living and related tasks home care services 
to individuals in the places in which they reside, either permanently or temporarily.  An 
individual who hires and employs direct access personnel or individuals who work in 
direct contact with clients, patients or residents to provide care for that individual is not 
a personal care agency, except when permitted by rule of the department. "Personal 
care agency" does not include a home health care provider licensed under chapter 419.
Sec. 3.  22 MRSA §1717, sub-§1, ¶C-1, as enacted by PL 2007, c. 324, §2, is 
repealed.
Sec. 4.  22 MRSA §1717, sub-§2, as repealed and replaced by PL 2015, c. 494, Pt. 
A, §15, is amended to read:
2.  Registration of personal care agencies and placement agencies.  Beginning 
August 1, 1998, Until June 30, 2024, a personal care agency not otherwise licensed by the 
department shall register with the department.  Beginning January 1, 2008, a placement 
agency not otherwise licensed by the department shall register with the department. The 
department shall adopt rules establishing the annual registration fee, which must be 
between $25 and $250.  Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2‑A.
This subsection is repealed July 1, 2025.
Sec. 5.  22 MRSA §1717, sub-§2-A is enacted to read:
2-A.  Licensing of personal care agencies.  Beginning July 1, 2024, an entity may not 
provide home care services without a personal care agency license issued by the department 
in accordance with this section. All application fees for a license under this section are 
nonrefundable and are due upon submission of the application.  The department shall adopt 
rules establishing the licensing process in accordance with subsection 2-B, including 
application fees.  Notwithstanding Title 5, section 8071, subsection 3, paragraph B, rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
A.  A personal care agency that holds an unexpired registration issued in accordance 
with subsection 2 may continue to provide home care services until the registration 
expires.
This paragraph is repealed July 1, 2025.
B.  A personal care agency holding an unexpired registration issued in accordance with 
subsection 2 is not required to obtain a license until the expiration of the registration.
This paragraph is repealed July 1, 2025.
Sec. 6.  22 MRSA §1717, sub-§2-B is enacted to read:
2-B.  Licensing standards for personal care agencies.  The department shall adopt 
rules to establish standards for the licensing of personal care agencies.  The licensing 
standards must include, but are not limited to: 
A.  General licensing requirements;
B.  Quality measures;
C.  Personnel qualifications;
D.  Mandatory and minimum training requirements;
E.  Home care services;
F.  Services provided and coordination of services;
G.  Supervision and organizational structure, including lines of authority;
H.  Record-keeping and confidentiality practices;
I.  Business records requirements; and
J.  Other aspects of services provided by a personal care agency that may be necessary 
to protect the public.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 7.  22 MRSA §1717, sub-§2-C is enacted to read:
2-C.  Types of licenses; terms.  Pursuant to subsection 2-A, the department may issue 
licenses to personal care agencies in accordance with this subsection. The department may 
issue:
A.  A provisional license for an applicant that:
(1)  Has not previously operated as a personal care agency;
(2)  Complies with all applicable laws and rules, except those that can only be 
complied with once clients, patients or residents are served by the applicant; and
(3)  Demonstrates the ability to comply with all applicable laws and rules by the 
end of the provisional license term.
A provisional license may be issued for a period of time of at least 3 months and not 
more than 12 months;
B.  A full license for an applicant that has operated a personal care agency or for an 
applicant renewing a license that complies with all applicable laws and rules. A full 
license may be issued for a period of time not more than 24 months; and
C.  A conditional license for a personal care agency with a provisional or a full license 
that fails to comply with applicable laws and rules when, in the judgment of the 
commissioner, issuing a conditional license is in the best interest of the public.  The 
conditional license must specify what corrections the personal care agency is required 
to make during the term of the conditional license and a timeline for those corrections. 
The conditional license may be issued for a period of time not more than 12 months or 
the remaining period of the personal care agency's full license, whichever the 
commissioner determines is appropriate considering the laws and rules violated.
Sec. 8.  22 MRSA §1717, sub-§2-D is enacted to read:
2-D.  Licenses not assignable or transferable.  A personal care agency may not assign 
or transfer a license issued under subsection 2-C.  A license is immediately void if 
ownership or control of the personal care agency changes.
Sec. 9.  22 MRSA §1717, sub-§2-E is enacted to read:
2-E.  Quality assurance and technical assistance for personal care agencies.  This 
subsection governs quality assurance and technical assistance for personal care agencies.
A. The department may conduct the following activities to ensure that quality home 
care services are provided by personal care agencies:
(1)  Issue notices of deficiency for a personal care agency's failure to comply with 
applicable federal or state laws, rules or regulations;
(2)  Require personal care agencies to submit acceptable plans of corrective action 
to remedy deficiencies identified under subparagraph (1);
(3)  Direct personal care agencies to comply with plans of corrective action issued 
under subparagraph (2);
(4)  Apply sanctions in accordance with subsection 13-A, paragraph E; or
(5)  Condition, suspend, revoke or refuse to renew a personal care agency's license 
issued under subsection 2-C on the basis of the agency's noncompliance with plans 
of corrective action.
B. The provisions of paragraph A apply to a personal care agency that holds a 
registration during the time the registration is in effect.
This paragraph is repealed July 1, 2025.
The department shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
Sec. 10.  22 MRSA §1717, sub-§3, as amended by PL 2015, c. 196, §5 and repealed 
and replaced by c. 299, §5, is further amended to read:
3.  Prohibited employment based on disqualifying offenses.  A personal care agency 
or a placement agency shall conduct a comprehensive background check for direct access 
personnel and immediate supervisors of direct access personnel in accordance with state 
law and rules adopted by the department and is subject to the employment restrictions set 
out in section 1812‑G and other applicable federal and state laws when hiring, employing 
or placing direct access personnel, including, but not limited to, a certified nursing assistant 
or a direct care worker, and immediate supervisors of direct access personnel.
Sec. 11.  22 MRSA §1717, sub-§3-A, as enacted by PL 2015, c. 196, §6 and c. 299, 
§6, is amended to read:
3-A.  Verification of listing on the registry.  Prior to hiring a certified nursing 
assistant or, a direct care worker or an immediate supervisor of a certified nursing assistant 
or direct care worker, a personal care agency or a placement agency shall check the Maine 
Registry of Certified Nursing Assistants and Direct Care Workers established pursuant to 
section 1812‑G and verify that a the certified nursing assistant or, direct care worker or 
immediate supervisor of a certified nursing assistant or direct care worker listed on the 
registry has no disqualifying notations.
The department may adopt rules necessary to implement this subsection.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
Sec. 12.  22 MRSA §1717, sub-§4, as amended by PL 2015, c. 196, §7 and c. 299, 
§7, is further amended to read:
4.  Penalties.  The following penalties apply to violations of this section.
A.  A person who An entity that operates a personal care agency or placement agency 
without registering with the department as required by subsection 2 commits a civil 
violation for which a fine of not less than $500 per day of operation but not more than 
$10,000 may be adjudged.  Each day of violation constitutes a separate offense.
This paragraph is repealed July 1, 2025.
A-1.  An entity that operates a personal care agency without obtaining a license from 
the department as required by subsection 2-A commits a civil violation for which a fine 
of not less than $500 per day of operation but not more than $10,000 may be adjudged.  
Each day of violation constitutes a separate offense.
B.  A person who An entity that operates a personal care agency or placement agency 
in violation of the employment prohibitions in subsection 3 or 3‑A commits a civil 
violation for which a fine of not less than $500 per day of operation in violation but 
not more than $10,000 per day may be adjudged, beginning on the first day that a 
violation occurs.  Each day of violation constitutes a separate offense.
Sec. 13.  22 MRSA §1717, sub-§6, as enacted by PL 2007, c. 324, §2, is amended 
to read:
6.  Enforcement actions by the Office of the Attorney General.  The Office of the 
Attorney General may file a complaint with the District Court seeking civil penalties or 
injunctive relief or both for violations of this section.
Sec. 14.  22 MRSA §1717, sub-§9, as enacted by PL 2007, c. 324, §2, is amended 
to read:
9.  Right of entry.  This subsection governs the department's right of entry.
A.  An application for registration licensure of a personal care agency or placement 
agency constitutes permission for entry and inspection to verify compliance with 
applicable laws and rules.
B.  The department has the right to enter and inspect the premises of a personal care 
agency or placement agency registered licensed by the department at a reasonable time 
and, upon demand, has the right to inspect and copy any books, accounts, papers, 
records and other documents in order to determine the state of compliance with 
applicable laws and rules.
C.  To inspect a personal care agency or placement agency that the department knows 
or believes is being operated without being registered licensed, the department may 
enter only with the permission of the owner or person in charge or with an 
administrative inspection warrant issued pursuant to the Maine Rules of Civil 
Procedure, Rule 80E by the District Court authorizing entry and inspection.
D.  The provisions of paragraphs A, B and C apply to a personal care agency that holds, 
is applying for or does not hold a registration during the time registration may be 
required.
This paragraph is repealed July 1, 2025.
Sec. 15.  22 MRSA §1717, sub-§10, as enacted by PL 2007, c. 324, §2, is repealed 
and the following enacted in its place:
10.  Administrative inspection warrant.  This subsection governs administrative 
inspection warrants.
A.  The department and a duly designated officer or employee of the department have 
the right to enter upon and into the premises of an unlicensed personal care agency with 
an administrative inspection warrant issued pursuant to the Maine Rules of Civil 
Procedure, Rule 80E by the District Court at a reasonable time and, upon demand, have 
the right to inspect and copy any books, accounts, papers, records and other documents 
in order to determine the state of compliance with this section.  The right of entry and 
inspection may extend to any premises and documents of a person, firm, partnership, 
association, corporation or other entity that the department has reason to believe is 
operating without being licensed.
B.  The provisions of paragraph A apply to a personal care agency that does not hold a  
registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
Sec. 16.  22 MRSA §1717, sub-§11, as enacted by PL 2007, c. 324, §2, is repealed 
and the following enacted in its place:
11.  Noninterference.  This subsection prohibits interfering with department 
investigations.
A.  An owner or operator of an unlicensed personal care agency may not interfere with, 
impede or obstruct an investigation by the department, including but not limited to 
interviewing persons receiving home care services or persons with knowledge of the 
agency.
B.  The provisions of paragraph A apply to an owner or operator of a personal care 
agency that does not hold a registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
Sec. 17.  22 MRSA §1717, sub-§13, as enacted by PL 2007, c. 324, §2, is repealed 
and the following enacted in its place:
13.  Suspension or revocation.  This subsection governs suspension or revocation of 
licenses for personal care agencies.
A.  A personal care agency found to be in violation of this section may have its license 
to operate as a personal care agency suspended or revoked.  The department may file a 
complaint with the District Court requesting suspension or revocation of a license to 
operate a personal care agency.
B.  The provisions of paragraph A apply to a personal care agency that holds a 
registration during the time the registration is in effect.
This paragraph is repealed July 1, 2025.
Sec. 18.  22 MRSA §1717, sub-§13-A is enacted to read:
13-A.  Enforcement actions by the department.  This subsection governs the 
department's enforcement authority.
A. If a personal care agency fails to comply with applicable laws and rules, the 
department may:
(1)  Refuse to issue or renew a license;
(2)  Issue a conditional license in accordance with subsection 2-C;
(3)  File a complaint with the District Court in accordance with Title 4, section 184 
or the Maine Administrative Procedure Act to suspend or revoke a license pursuant 
to subsection 13;
(4)  Petition the Superior Court to appoint a receiver to operate the personal care 
agency in accordance with chapter 1666-A; and
(5)  Impose one or more of the following sanctions as necessary and appropriate to 
ensure compliance with applicable laws and rules or to protect an individual served 
by the personal care agency:
(a)  Direct a personal care agency to stop admissions or intake of new clients, 
patients or residents regardless of payment source, until the department 
determines that the personal care agency has taken corrective action;
(b)  Direct a personal care agency to correct any deficiencies in a manner and 
within a time frame that the department determines appropriate to ensure 
compliance with applicable laws and rules or to protect an individual served 
by a personal care agency; or
(c)  In addition to the penalties imposed pursuant to subsection 4, impose a 
penalty upon a personal care agency for a violation of this section or rules 
adopted pursuant to this section.  The department shall by rule establish a 
schedule of penalties according to the nature of the violation.  Each day of a 
violation constitutes a separate offense.  Rules adopted pursuant to this 
subparagraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
B. The provisions of paragraph A apply to a personal care agency that holds, is applying 
for or does not hold a registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
The department shall engage in monitoring activities on at least a biennial basis to ensure 
that a personal care agency, regardless of its licensure status, is in compliance with 
applicable laws and rules.
Sec. 19.  22 MRSA §1717, sub-§13-B is enacted to read:
13-B.  Appeals.  This subsection governs appeals of certain department decisions.
A. An entity aggrieved by the department's decisions on any of the following actions 
may request an administrative hearing as provided by the Maine Administrative 
Procedure Act:
(1)  Denial of or refusal to renew a full license;
(2)  Denial of a provisional license;
(3)  Issuance of a conditional license;
(4)  Amendment or modification of a license; or
(5)  Imposition of sanctions.
B. The provisions of paragraph A apply to a registration during the time the registration 
is in effect.
This paragraph is repealed July 1, 2025.
Sec. 20.  22 MRSA §1717, sub-§14, as enacted by PL 2007, c. 324, §2, is amended 
to read:
14.  Rules.  The Except as otherwise provided in this section, the department may adopt 
rules to implement this section.  Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 21.  22 MRSA §1717, sub-§15 is enacted to read:
15.  Confidentiality of records.  This subsection governs confidentiality.
A. A department record that contains personally identifiable information or health 
information and that is created or obtained in connection with the department's 
licensing or quality assurance activities under this section is confidential, with the 
exceptions of a notice of deficiency, a plan of corrective action and a final action under 
subsection 2-E with respect to a licensing or quality assurance activity.
B. The provisions of paragraph A apply to a department record that contains personally 
identifiable information or health information and that is created or obtained in 
connection with the department's registration activities.
This paragraph is repealed July 1, 2025.
Sec. 22.  22 MRSA §1812-G, sub-§1-B, ¶G-1 is enacted to read:
G-1.  "Immediate supervisor" means an individual who directly supervises a certified 
nursing assistant or a direct care worker at a personal care agency licensed under 
section 1717.
Sec. 23.  22 MRSA §1812-G, sub-§2-A, as enacted by PL 2015, c. 196, §9, is 
amended to read:
2-A.  Registry listing.  All active certified nursing assistants employed in the State 
must be listed on the registry.  The registry must contain a listing of certified nursing 
assistants and, direct care workers and immediate supervisors that are ineligible for 
employment based on notations for disqualifying offenses. Direct care workers registered 
for training, education or compliance purposes may apply for registration and listing on the 
registry.  Direct care workers who may be listed on the registry include but are not limited 
to the following:
A.  Behavior specialists;
B.  Behavioral health professionals;
C.  Certified residential care aides;
D.  Certified residential medication aides;
E.  Direct support professionals;
F.  Mental health rehabilitation technicians;
G.  Mental health support specialists;
H.  Other qualified mental health professionals;
I.  Personal care or support specialists;
J.  Registered medical assistants;
K.  Residential care specialists;
L.  Community health workers; and
M.  Other direct care workers described in rules adopted by the department pursuant to 
subsection 18.
Sec. 24.  22 MRSA §1812-G, sub-§2-B, as enacted by PL 2015, c. 196, §9, is 
amended to read:
2-B.  Individual information.  The registry must include information for each listed 
certified nursing assistant and, direct care worker and immediate supervisor as required by 
rules adopted by the department pursuant to subsection 18.
Sec. 25.  22 MRSA §1812-G, sub-§2-C, as enacted by PL 2015, c. 196, §9, is 
amended to read:
2-C.  Registry notations.  The registry must include for a certified nursing assistant 
and, a direct care worker and an immediate supervisor listed on the registry a notation of:
A.  Disqualifying criminal convictions;
B.  Nondisqualifying criminal convictions, except that a notation is not required on the 
registry for Class D and Class E criminal convictions over 10 years old that did not 
involve as a victim of the act a patient, client or resident;
C.  Substantiated findings, including but not limited to the following information:
(1)  Documentation of an investigation of a the certified nursing assistant or a, 
direct care worker or immediate supervisor, including the nature of the allegation 
and evidence supporting a determination that substantiates the allegation of abuse, 
neglect or misappropriation of property of a client, patient or resident;
(2)  Documentation of substantiated findings of abuse, neglect or misappropriation 
of property of a client, patient or resident;
(3)  If the certified nursing assistant or, direct care worker or immediate supervisor 
appealed the substantiated finding, the date of the hearing; and
(4)  The statement of the certified nursing assistant or, direct care worker or 
immediate 
supervisor 
disputing 
the 
allegation 
of 
abuse, 
neglect 
or 
misappropriation of property of a client, patient or resident if the certified nursing 
assistant or, direct care worker or immediate supervisor submitted such a 
statement; and
D.  Petitions filed by a the certified nursing assistant or, direct care worker or immediate 
supervisor for removal of an employment ban issued by the department that was based 
on a criminal conviction and the department’s review and determination.
Sec. 26.  22 MRSA §1812-G, sub-§4, as amended by PL 2015, c. 196, §9, is further 
amended to read:
4.  Department verification of credentials and training.  The department may verify 
the credentials and training of certified nursing assistants and, registered direct care 
workers and immediate supervisors listed on the registry.
Sec. 27.  22 MRSA §1812-G, sub-§4-A, as amended by PL 2015, c. 196, §9, is 
further amended to read:
4-A.  Provider verification fee.  The department may establish a provider verification 
fee not to exceed $25 annually per provider for verification of a certified nursing assistant's 
or, a registered direct care worker's or an immediate supervisor's credentials and training. 
Providers may not pass the cost on to the individual certified nursing assistant or, registered 
direct care worker or immediate supervisor. Provider verification fees collected by the 
department must be placed in a special revenue account to be used by the department to 
operate the registry, including but not limited to the cost of criminal history record checks. 
The department may adopt rules necessary to implement this subsection.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
Sec. 28.  22 MRSA §1812-G, sub-§6, as repealed and replaced by PL 2015, c. 494, 
Pt. A, §16, is amended to read:
6.  Prohibited employment based on disqualifying offenses.  An individual with a 
disqualifying offense, including a substantiated complaint or a disqualifying criminal 
conviction, may not work as a certified nursing assistant or, a direct care worker or an 
immediate supervisor, and an employer is subject to penalties for employing a disqualified 
or otherwise ineligible person in accordance with applicable federal or state laws.
Sec. 29.  22 MRSA §1812-G, sub-§6-A, as amended by PL 2015, c. 494, Pt. A, 
§§17 and 18, is further amended to read:
6-A.  Background check.  Certified nursing assistants and, direct care workers and 
immediate supervisors are subject to a background check as defined by rules adopted by 
the department and according to the following:
A.  A training program for certified nursing assistants or direct care workers must 
secure or pay for a background check on each individual who applies for enrollment. 
The individual's current name and all previous names are subject to the background 
check. A copy of the background check is given to the individual who, upon successful 
completion of the training, submits it with an application to be listed on the registry as 
a certified nursing assistant or a registered direct care worker.
(1)  Prior to enrolling an individual, a training program for certified nursing 
assistants or direct care workers must notify individuals that a background check 
will be conducted and that certain disqualifying offenses, including criminal 
convictions, may prohibit an individual from working as a certified nursing 
assistant or a direct care worker.
B.  Pursuant to sections 1717, 1724, 2137, 2149‑A, 7706, 8606 and 9005 and Title 
34‑B, section 1225, licensed, certified or registered providers shall secure and pay for 
a background check prior to hiring an individual who will work in direct contact with 
clients, patients or residents, including a certified nursing assistant or, a direct care 
worker or an immediate supervisor.
C.  The department may secure a background check on certified nursing assistants and, 
registered direct care workers and immediate supervisors on the registry every 2 years.
D.  A person or other legal entity that is not otherwise licensed by the department and 
that employs or places a certified nursing assistant or direct care worker to provide 
services allowing direct access shall secure and pay for a background check in 
accordance with state law and rules adopted by the department.
Sec. 30.  22 MRSA §1812-G, sub-§6-B, as enacted by PL 2015, c. 196, §9, is 
amended to read:
6-B.  Convictions within previous 10 years; impact on employment eligibility.  The 
department shall determine the effect of a criminal conviction within the previous 10 years 
on the employability of an individual as a certified nursing assistant or, a direct care worker 
or an immediate supervisor based on rules adopted by the department pursuant to 
subsection 18.
Sec. 31.  22 MRSA §1812-G, sub-§6-C, as enacted by PL 2015, c. 196, §9, is 
amended to read:
6-C.  Table of crimes.  Department rules must include a table of crimes. Specific 
crimes listed on the table must be considered substantive offenses under Title 17‑A, Part 2 
or crimes identified in federal or state law that prohibit employment of an individual subject 
to this chapter. Convictions of specific crimes must be categorized in the table of crimes as 
disqualifying criminal convictions or nondisqualifying criminal convictions. Convictions 
in other jurisdictions for similar crimes must be identified as disqualifying or 
nondisqualifying convictions.
A.  A disqualifying criminal conviction within the previous 10 years prohibits 
employment as a certified nursing assistant or, a direct care worker or an immediate 
supervisor.
(1)  An individual with a disqualifying criminal conviction is subject to an 
employment ban of 10 or 30 years. The department shall adopt rules that specify 
disqualifying criminal convictions that prohibit employment for 10 years and 
disqualifying criminal convictions that prohibit employment for 30 years.
B.  Nondisqualifying criminal convictions do not prohibit employment as a certified 
nursing assistant or, a direct care worker or an immediate supervisor.
Sec. 32.  22 MRSA §1812-G, sub-§6-D, as enacted by PL 2015, c. 196, §9, is 
amended to read:
6-D.  Petition for removal of an employment ban; criminal conviction.  Prior to the 
expiration of an employment ban under subsection 6‑C, paragraph A, subparagraph (1), an 
individual may petition the department for removal of an employment ban that is based on 
a disqualifying criminal conviction. Unless otherwise prohibited, removal of the 
employment ban allows the individual to work as a certified nursing assistant or, a direct 
care worker or an immediate supervisor.
A.  No sooner than 5 years after an individual is discharged from the legal restraints 
imposed by the criminal conviction, an individual may petition the department for 
removal of a 10-year employment ban.
B.  No sooner than 15 years after an individual is discharged from the legal restraints 
imposed by the criminal conviction, an individual may petition the department for 
removal of a 30-year employment ban.
C.  A successful petitioner must meet the criteria established by department rules for 
removal of an employment ban.  Criteria must include but not be limited to an 
assessment of the risk of reoffending and the conduct of the petitioner since the 
conviction.
A petition for removal of an employment ban submitted by a certified nursing assistant 
or, a registered direct care worker or an immediate supervisor must be denied if the 
conduct that led to the conviction would have resulted in a lifetime ban if that conduct 
had been investigated as a complaint that resulted in a substantiated finding under 
subsection 13.
D.  When the department grants a petition for removal of an employment ban, the 
individual, unless otherwise prohibited, may work as a certified nursing assistant or, a 
direct care worker or an immediate supervisor. The notation of the criminal conviction 
remains on the registry.
Sec. 33.  22 MRSA §1812-G, sub-§10, as enacted by PL 2015, c. 196, §9, is 
amended to read:
10.  Complaint investigation.  The department may investigate complaints and 
allegations against certified nursing assistants or, registered direct care workers or 
immediate supervisors of abuse, neglect, exploitation or misappropriation of property of a 
client, patient or resident.
Sec. 34.  22 MRSA §1812-G, sub-§12, as enacted by PL 2015, c. 196, §9, is 
amended to read:
12.  Right to hearing; appeal.  In accordance with department rules, a certified nursing 
assistant or, a registered direct care worker or an immediate supervisor may request an 
administrative hearing to appeal a substantiated finding under subsection 11.
Sec. 35.  22 MRSA §1812-G, sub-§13, as enacted by PL 2015, c. 196, §9, is 
amended to read:
13.  Substantiated finding; lifetime employment ban.  A certified nursing assistant 
or, a registered direct care worker or an immediate supervisor with a notation of a 
substantiated finding on the registry is banned for life from employment as either a certified 
nursing assistant or, a direct care worker or an immediate supervisor.
Sec. 36.  22 MRSA §7931, as amended by PL 1999, c. 384, §5, is further amended 
to read:
§7931.  Policy
It is the purpose of this chapter to develop a mechanism by which the concept of 
receivership can be utilized for the protection of residents in long-term care facilities, 
clients of home health care providers and personal care agencies, general and specialty 
hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies and end-
stage renal disease units.  It is the intent of the Legislature that receivership be a remedy of 
last resort when all other methods of remedy have failed or when the implementation of 
other remedies would be futile.
Sec. 37.  22 MRSA §7932, sub-§1-A, as amended by PL 1999, c. 384, §6, is further 
amended to read:
1-A.  Client.  "Client" means a person who receives services from a home health 
agency, personal care agency, long-term care facility, general and specialty hospital, 
critical access hospital, ambulatory surgical facility, hospice agency or end-stage renal 
disease unit.
Sec. 38.  22 MRSA §7932, sub-§5-A is enacted to read:
5-A.  Personal care agency.  "Personal care agency" means an organization or other 
entity licensed under section 1717.
Sec. 39.  22 MRSA §7933, sub-§1, as amended by PL 1999, c. 384, §14, is further 
amended to read:
1.  Grounds for appointment.  The following circumstances are grounds for the 
appointment of a receiver to operate a long-term care facility, home health care provider, 
personal care agency, general and specialty hospitals, critical access hospitals, ambulatory 
surgical centers, hospice agencies and end-stage renal disease units.:
A.  A long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit intends to close but has not arranged at least 30 
days prior to closure for the orderly transfer of its residents or clients.;
B.  An emergency exists in a long-term care facility, home health care provider, 
personal care agency, general hospital, specialty hospital, critical access hospital, 
ambulatory surgical center, hospice agency or end-stage renal disease unit that 
threatens the health, security or welfare of residents or clients.; or
C.  A long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit is in substantial or habitual violation of the 
standards of health, safety or resident care established under state or federal regulations 
to the detriment of the welfare of the residents or clients.
This remedy is in addition to, and not in lieu of, the power of the department to revoke, 
suspend or refuse to renew a license under the Maine Administrative Procedure Act.
Sec. 40.  22 MRSA §7934, as amended by PL 1999, c. 384, §15, is further amended 
to read:
§7934.  Powers and duties of the receiver
1.  Powers and duties.  A receiver appointed pursuant to this chapter has such powers 
as the court may direct to operate the long-term care facility, home health care provider, 
personal care agency, general hospital, specialty hospital, critical access hospital, 
ambulatory surgical center, hospice agency or end-stage renal disease unit and to remedy 
the conditions that constituted grounds for the receivership, to protect the health, safety and 
welfare of the residents or clients and to preserve the assets and property of the residents 
or clients, the owner and the licensee.  On notice and hearing, the court may issue a writ of 
possession in behalf of the receiver, for specified facility property.
The receiver shall make reasonable efforts to notify residents or clients and family that the 
long-term care facility, home health care provider, personal care agency, general hospital, 
specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or 
end-stage renal disease unit is placed in receivership.  The owner and licensee are divested 
of possession and control of the long-term care facility, home health care provider, personal 
care agency, general hospital, specialty hospital, critical access hospital, ambulatory 
surgical center, hospice agency or end-stage renal disease unit during the period of 
receivership under such conditions as the court specifies.  With the court's approval, the 
receiver has specific authority to:
A.  Remedy violations of federal and state regulations governing the operation of the 
long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit;
B.  Hire, direct, manage and discharge any employees, including the administrator of 
the long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit;
C.  Receive and expend in a reasonable and prudent manner the revenues of the long-
term care facility, home health care provider, personal care agency, general hospital, 
specialty hospital, critical access hospital, ambulatory surgical center, hospice agency 
or end-stage renal disease unit due during the 30-day period preceding the date of 
appointment and becoming due thereafter;
D.  Continue the business of the long-term care facility, home health care provider, 
personal care agency, general hospital, specialty hospital, critical access hospital, 
ambulatory surgical center, hospice agency or end-stage renal disease unit and the care 
of residents or clients;
E.  Correct or eliminate any deficiency of the long-term care facility, home health care 
provider, personal care agency, general hospital, specialty hospital, critical access 
hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit 
that endangers the safety or health of the residents or clients, if the total cost of the 
correction does not exceed $3,000.  The court may order expenditures for this purpose 
in excess of $3,000 on application from the receiver; and
F.  Exercise such additional powers and perform such additional duties, including 
regular accountings, as the court considers appropriate.
2.  Revenues of the facility.  Revenues of the facility must be handled as follows.
A.  The receiver shall apply the revenues of the long-term care facility, home health 
care provider, personal care agency, general hospital, specialty hospital, critical access 
hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit to 
current operating expenses and, subject to the following provisions, to debts incurred 
by the licensee prior to the appointment of the receiver.  The receiver shall ask the court 
for direction in the treatment of debts incurred prior to appointment where such when 
the debts appear extraordinary, of questionable validity, or unrelated to the normal and 
expected maintenance and operation of the long-term care facility, home health care 
provider, personal care agency, general hospital, specialty hospital, critical access 
hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, or 
where when payment of the debts will interfere with the purposes of the receivership.  
Priority must be given by the receiver to expenditures for current direct resident or 
client care.  Revenues held by or owing to the receiver in connection with the operation 
of the long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit are exempt from attachment and trustee process, 
including process served prior to the institution of receivership proceedings.
B.  The receiver may correct or eliminate any deficiency of the long-term care facility, 
home health care provider, personal care agency, general hospital, specialty hospital, 
critical access hospital, ambulatory surgical center, hospice agency or end-stage renal 
disease unit that endangers the safety or health of the resident or client, if the total cost 
of the correction does not exceed $3,000.  On application by the receiver, the court may 
order expenditures for this purpose in excess of $3,000. The licensee or owner may 
apply to the court to determine the reasonableness of any expenditure over $3,000 by 
the receiver.
C.  In the event that the receiver does not have sufficient funds to cover expenses 
needed to prevent or remove jeopardy to the residents or clients, the receiver may 
petition the court for permission to borrow for these purposes. Notice of the receiver's 
petition to the court for permission to borrow must be given to the owner, the licensee 
and the department.  The court may, after hearing, authorize the receiver to borrow 
money upon specified terms of repayment and to pledge security, if necessary, if the 
court determines that the long-term care facility, home health care provider, personal 
care agency, general hospital, specialty hospital, critical access hospital, ambulatory 
surgical center, hospice agency or end-stage renal disease unit should not be closed and 
that the loan is reasonably necessary to prevent or remove jeopardy or if it determines 
that the long-term care facility, home health care provider, personal care agency, 
general hospital, specialty hospital, critical access hospital, ambulatory surgical center, 
hospice agency or end-stage renal disease unit should be closed and that the 
expenditure is necessary to prevent or remove jeopardy to residents or clients for the 
limited period of time that they are awaiting transfer. The purpose of this provision is 
to protect residents or clients and to prevent the closure of long-term care facilities, 
home health care providers, personal care agencies, general hospitals, specialty 
hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies or 
end-stage renal disease units that, under proper management, are likely to be viable 
operations.  This section may not be construed as a method of financing major repair 
or capital improvements to facilities that have been allowed to deteriorate because the 
owner or licensee has been unable or unwilling to secure financing by conventional 
means.
3.  Avoidance of preexisting leases, mortgages and contracts.  A receiver may not 
be required to honor a lease, mortgage, secured transaction or other contract entered into 
by the owner or licensee of the long-term care facility, home health care provider, personal 
care agency, general hospital, specialty hospital, critical access hospital, ambulatory 
surgical center, hospice agency or end-stage renal disease unit if the court finds that:
A.  The person seeking payment under the agreement has an ownership interest in the 
long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit or was related to the licensee, the long-term care 
facility, home health care provider, personal care agency, general hospital, specialty 
hospital, critical access hospital, ambulatory surgical center, hospice agency or end-
stage renal disease unit by a significant degree of common ownership or control at the 
time the agreement was made; or
B.  The rental, price or rate of interest required to be paid under the agreement is in 
excess of a reasonable rental, price or rate of interest.
If the receiver is in possession of real estate or goods subject to a lease, mortgage or security 
interest that the receiver is permitted to avoid and if the real estate or goods are necessary 
for the continued operation of the long-term care facility, home health care provider, 
personal care agency, general hospital, specialty hospital, critical access hospital, 
ambulatory surgical center, hospice agency or end-stage renal disease unit, the receiver 
may apply to the court to set a reasonable rental, price or rate of interest to be paid by the 
receiver during the term of the receivership. The court shall hold a hearing on the 
application within 15 days, and the receiver shall send notice of the application to any 
known owners and mortgagees of the property at least 10 days before the hearing. Payment 
by the receiver of the amount determined by the court to be reasonable is a defense to an 
action against the receiver for payment or for the possession of the subject goods or real 
estate by a person who received such notice.
Notwithstanding this subsection, there may not be a foreclosure or eviction during the 
receivership by any person if the foreclosure or eviction would, in view of the court, serve 
to defeat the purpose of the receivership.
4.  Closing of long-term care facility, home health care provider, personal care 
agency, general hospital, specialty hospital, critical access hospital, ambulatory 
surgical center, hospice agency or end-stage renal disease unit.  The receiver may not 
close the long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit without leave of the court.  In ruling on the issue of 
closure, the court shall consider:
A.  The rights and best interests of the residents or clients;
B.  The availability of suitable alternative placements;
C.  The rights, interest and obligations of the owner and licensee;
D.  The licensure status of the long-term care facility, home health care provider, 
personal care agency, general hospital, specialty hospital, critical access hospital, 
ambulatory surgical center, hospice agency or end-stage renal disease unit; and
E.  Any other factors that the court considers relevant.
When a long-term care facility, home health care provider, personal care agency, general 
hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice 
agency or end-stage renal disease unit is closed, the receiver shall provide for the orderly 
transfer of residents or clients to mitigate transfer trauma.
Sec. 41.  22 MRSA §7937, as amended by PL 1999, c. 384, §16, is further amended 
to read:
§7937.  Court order to have effect of license
An order appointing a receiver under section 7933 has the effect of a license for the 
duration of the receivership.  The receiver is responsible to the court for the conduct of the 
long-term care facility, home health care provider, personal care agency, general hospital, 
specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or 
end-stage renal disease unit during the receivership, and a violation of regulations 
governing the conduct of the long-term care facility, home health care provider, personal 
care agency, general hospital, specialty hospital, critical access hospital, ambulatory 
surgical center, hospice agency or end-stage renal disease unit, if not promptly corrected, 
must be reported by the department to the court.
Sec. 42.  22 MRSA §9053, sub-§14, ¶D, as enacted by PL 2015, c. 299, §25, is 
repealed and the following enacted in its place:
D.  An independent contractor pursuant to Title 26, section 1043, subsection 11, 
paragraph E or Title 39‑A, section 102, subsection 13‑A; a worker who is placed with 
a provider by a temporary nurse agency; or a worker who is placed with a provider by 
a personal care agency registered or licensed pursuant to section 1717; and
Sec. 43.  22 MRSA §9053, sub-§17, as enacted by PL 2015, c. 299, §25, is amended 
to read:
17.  Employer.  "Employer" means a person or other legal entity that employs or places 
a direct access worker or otherwise provides direct access services.  "Employer" includes 
a provider, a temporary nurse agency, and a personal care agency and a placement agency.
Sec. 44.  22 MRSA §9053, sub-§27, as enacted by PL 2015, c. 299, §25, is amended 
to read:
27.  Personal care agency and placement agency.  "Personal care agency," and 
"placement agency" mean as it pertains to a registered entity, means an entity registered 
pursuant to section 1717, subsection 2.
This subsection is repealed July 1, 2025.
Sec. 45.  22 MRSA §9053, sub-§27-A is enacted to read:
27-A.  Personal care agency.  "Personal care agency" means an entity licensed 
pursuant to section 1717, subsection 2-A.
Sec. 46.  Effective date. That section of this Act that enacts the Maine Revised 
Statutes, Title 22, section 9053, subsection 27-A takes effect July 1, 2024.
SUMMARY
This bill replaces the registration process with a licensing process for personal care 
agencies.  It adds personal care agencies to the provisions of law governing receivership 
and other laws.  It requires immediate supervisors of certified nursing assistants and direct 
care workers who are ineligible for employment to be listed on the Maine Registry of 
Certified Nursing Assistants and Direct Care Workers.  The bill removes registration 
requirements for placement agencies.