An Act to Facilitate the Provision of Medically Appropriate Levels of Care for Clients of Correctional Facilities
Maine Legislature, Session 131, LD 1863
Committee: Criminal Justice and Public Safety
Sponsors: SACHS, BEEBE-CENTER, GATTINE, HASENFUS, LOOKNER, MATHIESON, MILLIKEN, SALISBURY, TALBOT ROSS, LaFOUNTAIN
Amends: 34-A MRSA §1402

Legislative Document
No. 1863
H.P. 1193
House of Representatives, May 2, 2023
An Act to Facilitate the Provision of Medically Appropriate Levels 
of Care for Clients of Correctional Facilities
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: GATTINE of Westbrook, HASENFUS of Readfield, LOOKNER of Portland, 
MATHIESON of Kittery, MILLIKEN of Blue Hill, SALISBURY of Westbrook, Speaker 
TALBOT ROSS of Portland, Senator: LaFOUNTAIN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-A MRSA §1402, sub-§14 is enacted to read:
14.  Long-term care services.  The commissioner shall facilitate the provision of 
medically appropriate levels of care for clients. This subsection governs application for 
services, eligibility determination, appropriate placement and the provision of medically 
appropriate services.
A. The commissioner shall develop procedures to provide information to staff, clients 
and clients' friends and family regarding services available under this subsection, 
including, but not limited to, assisted living, nursing care, hospice and home health 
care services.
B. Upon request or as medically indicated, the commissioner shall assist clients, their 
families and correctional facilities staff in applying for assessment of long-term care 
medical and social needs using the Medicaid eligibility assessment provided under 
Title 22, section 3174-I. The commissioner shall ensure that each client receives the 
services determined to be needed and is placed in a facility appropriate for the level of 
care required within 30 working days of a request.
C. The commissioner may establish and maintain licensed assisted living units and 
nursing facility units within correctional facilities to serve the needs of clients and shall 
place clients in those units as appropriate to each client.
D. If the commissioner is unable to provide licensed assisted living units and nursing 
facility units in correctional facilities to serve the needs of clients determined to be 
eligible under paragraph B, the commissioner shall develop or contract for assisted 
living facility and nursing facility levels of care in licensed facilities in the community 
and shall place clients in those facilities as appropriate to each client.
E. The commissioner shall work with the Department of Health and Human Services 
to develop licensed assisted living units and nursing facility units in correctional 
facilities under paragraph C or develop or contract for assisted living facility and 
nursing facility levels of care in licensed facilities in the community under paragraph 
D and to encourage licensed facilities in the community to accept clients as residents. 
The department shall provide training to licensed facilities in the community regarding 
the specific needs of clients.
F. If the commissioner is unable to develop licensed assisted living units and nursing 
facility units or to partner with an assisted living facility or nursing facility as described 
in paragraph D, the commissioner shall work with the client and the client's chosen 
partners in the community to allow the client to receive hospice services from an entity 
licensed pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided 
by an entity approved by the commissioner or the commissioner's designee and, subject 
to approval by the commissioner or the commissioner's designee, the client may live at 
home while receiving these services under the supervision of the department.
G. The department shall collect data and report weekly on the number of clients using 
services under this subsection including applications for medical evaluations and 
applications for placement; acceptance or denial for services; type and number of 
placements; and associated demographic data, including, but not limited to, race, 
gender and age. The data must be annualized and must be included in the department's 
full annual report to the Legislature.
SUMMARY
This bill enhances and improves the Department of Corrections' Supervised 
Community Confinement Policy contained in the Department of Corrections' rule Chapter 
10, subsection 27.2. The bill provides guidelines for the use of supervised community 
confinement for assisted living and nursing facility levels of care in licensed facilities in 
the community and for home care provided by licensed professionals for clients in the 
custody of the Department of Corrections.
The bill provides for assessment of medical and social needs of clients using the 
Medicaid eligibility assessment.
The bill requires the department to work with the Department of Health and Human 
Services to develop licensed units in correctional facilities, to provide long-term and 
assisted living and nursing facility levels of care in licensed facilities in the community, to 
encourage licensed community facilities to accept clients as residents and to work with care 
service providers in the community to allow clients qualifying for care in the community 
to live at home under Department of Corrections supervision.
The bill requires the department to provide training to licensed facilities in the 
community regarding the specific needs of clients committed to the department. 
The bill requires data collection and reporting to assess progress over time.