Resolve, to Establish the Blue Ribbon Commission to Make Recommendations to Update Laws Governing the Continuum of Long-term Care Options
Maine Legislature, Session 131, LD 1785
Committee: Health and Human Services
Sponsors: TALBOT ROSS, BAILEY, ARFORD, MASTRACCIO, NUTTING, PRINGLE

Legislative Document
No. 1785
H.P. 1148
House of Representatives, April 25, 2023
Resolve, to Establish the Blue Ribbon Commission to Make 
Recommendations to Update Laws Governing the Continuum of 
Long-term Care Options
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BAILEY of York and
Representatives: ARFORD of Brunswick, MASTRACCIO of Sanford, NUTTING of Oakland, 
PRINGLE of Windham.
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 State's system of care to serve those who need residential supports or 
long-term care is failing to meet the needs of the State's population, resulting in hospitalized 
patients using inpatient beds when they need lower levels of care; and
Whereas, nursing facilities, assisted living facilities and other residential options that 
are intended to meet the needs of individuals who can no longer live safely at home are 
unable to provide adequate access as a result of the closure of facilities and reduced bed 
capacity due to financial and labor market pressures; and
Whereas, Maine's laws governing residential supports have not been reviewed in over 
a decade; and
Whereas, immediate review of the laws governing residential supports is necessary 
in order to prevent more facility closures and bed capacity reduction; 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, 
therefore, be it
Sec. 1.  Blue Ribbon Commission established.  Resolved: That the Blue Ribbon 
Commission to Make Recommendations to Update Laws Governing the Continuum of 
Long-term Care Options, referred to in this resolve as "the Blue Ribbon Commission," is 
established.
Sec. 2.  Blue Ribbon Commission membership.  Resolved: That, 
notwithstanding Joint Rule 353, the Blue Ribbon Commission consists of 11 members as 
follows:
1. The executive director of the long-term care ombudsman program as established in 
the Maine Revised Statutes, Title 22, section 5106, subsection 11-C or the executive 
director's designee;
2. Two members appointed by the President of the Senate who represent nursing 
facilities;
3. One member appointed by the President of the Senate who represents assisted living 
providers;
4. Two members appointed by the Speaker of the House of Representatives who 
represent an organization that represents hospitals;
5. One member appointed by the Speaker of the House of Representatives who 
represents families with experience with the continuum of long-term care in the State;
6. One member appointed by the Speaker of the House of Representatives who 
represents an organization that advocates on aging issues;
7. One member appointed by the Speaker of the House of Representatives who is 
associated with a veterans' organization;
8. One member appointed by the Governor who represents the executive branch; and
9. One member appointed by the Governor who is a physician and who represents 
medical directors of long-term care facilities.
Sec. 3.  Chairs. Resolved: That, notwithstanding Joint Rule 353, the first-named 
member appointed by the President of the Senate and the first-named member appointed 
by the Speaker of the House of Representatives serve as chairs of the Blue Ribbon 
Commission.
Sec. 4.  Appointments; convening of the Blue Ribbon Commission. 
Resolved: That all appointments must be made no later than 30 days following the 
effective date of this resolve.  The appointing authorities shall notify the Executive Director 
of the Legislative Council once all appointments have been completed.  After appointment 
of all members, the chairs shall call and convene the first meeting of the Blue Ribbon 
Commission.  If 30 days or more after the effective date of this resolve a majority of but 
not all appointments have been made, the chairs may request authority and the Legislative 
Council may grant authority for the Blue Ribbon Commission to meet and conduct its 
business.
Sec. 5.  Duties. Resolved: That the Blue Ribbon Commission shall review the laws 
governing residential options for individuals in need of residential supports, including but 
not limited to long-term care, assisted living facilities and other licensed residential options, 
and make recommendations to the Legislature on changes to the State's laws in order to 
reflect the State's changing demographics and labor market conditions and to ensure that 
the State has the capacity to meet the current and future needs for people needing residential 
supports.  The Blue Ribbon Commission shall review:
1. The demographics of the State and projected need for different levels of residential 
supports, including but not limited to bed capacity at each level of support within a hospital 
service area over the next 10 years;
2. The needs of the State's current population needing residential supports and the 
barriers to accessing appropriate levels of care;
3. Labor market conditions for residential supports, including projections over the next 
years;
4. Laws governing clinical assessments and admission requirements for different levels 
of residential supports;
5. Laws governing MaineCare coverage and payment;
6. Laws governing the growth of long-term care facilities, including but not limited to 
certificate of need requirements and so-called budget neutrality; and
7. Laws governing home care and hospice services to ensure that the State is 
maximizing the use of those services.
Sec. 6.  Staff assistance.  Resolved: That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the Blue Ribbon 
Commission, except that Legislative Council staff support is not authorized when the 
Legislature is in regular or special session.
Sec. 7.  Report. Resolved: That, no later than December 6, 2023, the Blue Ribbon 
Commission shall submit a report that includes its findings and recommendations, 
including suggested legislation, to the Second Regular Session of the 131st Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Blue Ribbon Commission to Make Recommendations to 
Update Laws Governing the Continuum of Long-term Care Options to review the laws 
governing residential options for individuals in need of residential supports, including but 
not limited to long-term care, assisted living facilities and other licensed residential options, 
and make recommendations to the Legislature on changes to the State's laws in order to 
reflect the State's changing demographics and labor market conditions and to ensure that 
the State has the capacity to meet the current and future needs for people needing residential 
supports.