An Act to Clarify the Allowable Temperature Range in Certain Long-term Care Facilities
Maine Legislature, Session 131, LD 0099
Committee: Health and Human Services
Sponsors: DODGE, ANKELES, CRAVEN, GRAHAM, MADIGAN, MILLETT, WARREN, BAILEY, INGWERSEN
Amends: 22 MRSA §1820-B, 22 MRSA §7808

Legislative Document
No. 99
H.P. 67
House of Representatives, January 9, 2023
An Act to Clarify the Allowable Temperature Range in Certain 
Long-term Care Facilities
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DODGE of Belfast.
Cosponsored by Representatives: ANKELES of Brunswick, CRAVEN of Lewiston, 
GRAHAM of North Yarmouth, MADIGAN of Waterville, MILLETT of Cape Elizabeth, 
WARREN of Scarborough, Senators: BAILEY of York, INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1820-B is enacted to read:
§1820-B.  Temperature requirement for nursing facilities
1. Requirement. Except as provided in subsection 2, a nursing facility shall maintain 
a temperature that is not less than 71 degrees Fahrenheit and not more than 81 degrees 
Fahrenheit in all areas of the facility where residents of the facility are present.
2. Exceptions. The requirement of subsection 1 does not apply if:
A.  A resident of the nursing facility requires a temperature greater than 81 degrees 
Fahrenheit; or
B. A mechanical failure or power outage affects the nursing facility's cooling system 
as long as the facility engages in mitigation measures under subsection 3.
3. Mitigation measures.  In the event of a mechanical failure or power outage, the 
nursing facility shall make attempts to keep its residents comfortable in temperatures 
outside the range of 71 to 81 degrees Fahrenheit by providing extra fluids, providing 
cooling cloths, rotating patients through rooms that may still be within the temperature 
range required in subsection 1 or other procedures established by the department by rule 
pursuant to subsection 5.
4. Funding options.  To comply with this section, a nursing facility may seek funds 
from any state or federal funding source, including but not limited to funds from Efficiency 
Maine Trust, the United States Department of Housing and Urban Development and the 
United States Department of Agriculture rural development funds, and any state or federal 
funds relating to the COVID-19 pandemic.
5. Rulemaking. The department shall 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. 2.  22 MRSA §7808 is enacted to read:
§7808.  Temperature requirement for residential care facilities
1. Requirement. Except as provided in subsection 2, a residential care facility licensed 
pursuant to this chapter shall maintain a temperature that is not less than 71 degrees 
Fahrenheit and not more than 81 degrees Fahrenheit in all areas of the facility where 
residents of the facility are present.
2. Exceptions.  The requirement of subsection 1 does not apply if:
A.  A resident of the residential care facility requires a temperature greater than 81 
degrees Fahrenheit; or
B. A mechanical failure or power outage affects the residential care facility's cooling 
system as long as the facility engages in mitigation measures under subsection 3.
3. Mitigation measures.  In the event of a mechanical failure or power outage, the 
residential care facility shall make attempts to keep its residents comfortable in 
temperatures outside the range of 71 to 81 degrees Fahrenheit by providing extra fluids, 
providing cooling cloths, rotating patients through rooms that may still be within the 
temperature range required in subsection 1 or other procedures established by the 
department by rule pursuant to subsection 5.
4. Funding options.  To comply with this section, a residential care facility may seek 
funds from any state or federal funding source, including but not limited to funds from 
Efficiency Maine Trust, the United States Department of Housing and Urban Development 
and the United States Department of Agriculture rural development funds, and any state or 
federal funds relating to the COVID-19 pandemic.
5. Rulemaking. The department shall 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.
SUMMARY
This bill requires certain long-term care facilities to maintain a temperature of not less 
than 71 degrees Fahrenheit and not more than 81 degrees Fahrenheit.