Resolve, Directing the Department of Health and Human Services to
Maine Legislature, Session 132, LD 2117
Committee: Health and Human Services
Sponsors: SACHS, DAUGHTRY

Legislative Document
No. 2117
H.P. 1432
House of Representatives, January 7, 2026
Resolve, Directing the Department of Health and Human Services to 
Amend Its Rule Chapter 101: MaineCare Benefits Manual, Chapter 
II, Section 21, Home and Community Benefits for Members with 
Intellectual Disabilities or Autism Spectrum Disorder
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by President DAUGHTRY of Cumberland and
Representatives: ARFORD of Brunswick, DAIGLE of Fort Kent, DEBRITO of Waterville, 
FAIRCLOTH of Bangor, GATTINE of Westbrook, GRAHAM of North Yarmouth, MCCABE 
of Lewiston, Senator: MOORE of Washington.
Sec. 1.  Department of Health and Human Services to amend MaineCare 
Benefits Manual; residential vacancies in 2-person homes.  Resolved:  That the 
Department of Health and Human Services, referred to in this resolve as "the department," 
shall amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21, 
Home and Community Benefits for Members with Intellectual Disabilities or Autism 
Spectrum Disorder pertaining to filling a residential vacancy in a 2-person home to: 
1.  Extend to 60 calendar days the length of time that a provider may hold a bed for a 
resident member who vacated the 2-person home as the result of hospitalization before 
issuing a 30-day discharge notice to the hospitalized resident member; 
2.  Require that, before a provider sends a letter to the remaining resident member in a 
2-person home in which there is a vacancy informing that the member will receive an 
eviction notice in 30 days if the vacancy cannot be filled, the provider and the department 
must, for a period of 120 calendar days, attempt to identify another member to fill the 
vacancy.  The 120 calendar days runs from the date of vacancy or, when the vacancy results 
from hospitalization, from the expiration of 60 calendar days following the date of 
hospitalization; and 
3.  Establish an exception that allows the department, upon the request of a provider, 
to extend the 120-day period described in subsection 2 if the provider demonstrates to the 
department that the health and safety needs of the remaining resident member continue to 
be met and: 
A.  The remaining resident member has resided at the remaining resident member's 
current address for at least 5 years; 
B.  A suitable housemate has been identified and the intake process has commenced; 
or 
C.  Active and ongoing efforts have been and are being made to identify a suitable 
housemate. 
Extensions may be granted in increments of 60 calendar days, not to exceed 2 extensions, 
except that, for residents who meet the requirements of paragraph A, extensions may be 
continued beyond the 2nd 60-day extension period.  Extensions must be requested in 
writing.  A request for a first extension must be submitted prior to the expiration of the 
initial 120-day period described in subsection 2, and a request for any subsequent extension 
must be submitted prior to the expiration of the current extension.
SUMMARY
This resolve directs the Department of Health and Human Services to amend its rules 
in Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21, Home and Community 
Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder 
pertaining to filling residential vacancies in a 2-person home.  The resolve extends from 30 
days to 60 days the length of time that a provider may hold a bed for a member who is a 
resident in a 2-person home when the member has vacated the home as the result of 
hospitalization.  The resolve extends from 90 days to 120 days the length of time that a 
provider and the department must look for a replacement housemate to fill a vacancy before 
the provider issues a letter to the remaining resident member informing that member that 
if a suitable housemate cannot be found in 30 days, the remaining resident member will 
receive a 30-day eviction notice.  The resolve establishes an exception that allows the 
department, upon the provider's request and under certain circumstances specified in the 
resolve, to extend the 120-day period by increments of 60 days, up to 2 extensions, except 
that a remaining resident member may be granted more than 2 extensions if that member 
has lived at the member's current address for at least 5 years.