An Act Concerning Home Care Services
Maine Legislature, Session 131, LD 0208
Committee: Health and Human Services
Sponsors: CRAVEN, CLOUTIER, FAY, GRAHAM, GRAMLICH, PERRY, RIELLY, SHAGOURY, CURRY

Legislative Document
No. 208
H.P. 129
House of Representatives, January 20, 2023
An Act Concerning Home Care Services
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CRAVEN of Lewiston.
Cosponsored by Representatives: CLOUTIER of Lewiston, FAY of Raymond, GRAHAM of 
North Yarmouth, GRAMLICH of Old Orchard Beach, PERRY of Calais, RIELLY of 
Westbrook, SHAGOURY of Hallowell, Senator: CURRY of Waldo.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA c. 1629 is enacted to read:
CHAPTER 1629
WAITING LIST AND ASSESSMENTS FOR HOME CARE SERVICES
§7411.  Public information regarding certain home care services
1.  Definition.  As used in this section, unless the context otherwise indicates, 
"individuals eligible for home care services" means:
A. Individuals who are elderly or disabled and whom the department determines are 
eligible for care provided in a nursing facility setting in accordance with the procedures 
described in section 3174-I, but for whom care can be appropriately provided in the 
individual's home or other residential community setting under a waiver granted by the 
United States Department of Health and Human Services, Centers for Medicare and 
Medicaid Services for home-based and community-based care and who choose to 
receive care in the individual's home or other residential community setting; or
B. Individuals whom the department determines are eligible for private duty nursing 
and personal care services provided in a residential setting or other setting where 
normal life activities take place.
2.  Waiting list established.  The department shall establish and maintain a waiting 
list of individuals eligible for home care services.
3.  Publicly available information.  The department shall publish on its publicly 
accessible website the following real-time data relating to the waiting list established 
pursuant to subsection 2, including the number of:
A. Individuals eligible for home care services who are fully served;
B. Individuals eligible for home care services who are partially served and the number 
of unstaffed hours for those individuals;
C. Individuals eligible for home care services who are waiting for services and the 
number of unstaffed hours for those individuals;
D. Days, on average, individuals eligible for home care services wait to receive 
services; and
E. Individuals eligible for home care services, broken down by county, who are fully 
served and partially served.
4.  Annual report.  Beginning February 1, 2024 and annually thereafter, the 
department shall submit to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters a report on the waiting list of 
individuals eligible for home care services established in accordance with this section.  The 
report must include the department's plans to clear the waiting list and ensure that 
individuals eligible for home care services are receiving services for all the hours for which 
they are eligible.
§7412.  Assessments for children eligible for home care services
Beginning January 15, 2024, the department shall contract with a 3rd-party entity, 
including but not limited to an assessment services agency that determines eligibility for 
programs and services, to conduct assessments for children who have not attained 21 years 
of age who the department determines are eligible for private duty nursing and personal 
care services provided in a residential setting or other setting where normal life activities 
take place.
Sec. 4.  Waiting list and publicly available information.  In accordance with 
the Maine Revised Statutes, Title 22, chapter 1629, the Department of Health and Human 
Services shall, no later than January 15, 2024, establish a waiting list of MaineCare 
members eligible for home care services under rule Chapter 101: MaineCare Benefits 
Manual, Chapters II and III, Section 19, Home and Community Benefits for the Elderly 
and Adults with Disabilities, and Section 96, Private Duty Nursing and Personal Care 
Services.
SUMMARY
This bill requires the Department of Health and Human Services to establish a waiting 
list of individuals eligible for home care services under rule Chapter 101: MaineCare 
Benefits Manual, Chapters II and III, Section 19, Home and Community Benefits for the 
Elderly and Adults with Disabilities, and Section 96, Private Duty Nursing and Personal 
Care Services, and to publish certain information about the waiting list on its publicly 
accessible website.  It requires the department to submit an annual report to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters relating to the waiting list.
The bill requires the department to contract with a 3rd-party entity to conduct 
assessments for children who have not attained 21 years of age who the department 
determines are eligible for private duty nursing and personal care services provided in a 
residential setting or other setting where normal life activities take place.