Whereas, assessments for eligibility for long-term care services occur daily in Maine; and

Whereas, these assessments determine the care and quality of life of some of the State's most vulnerable population; 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. Rule amendment regarding medical eligibility assessments under Medicaid program for long-term care services. Resolved: That, by January 1, 2002, the Department of Human Services shall amend the rules regarding medical eligibility assessments under the Medicaid program and state long-term care programs to ensure that the assessments are comprehensive and accurate. The rules must provide that in completing an assessment a nurse assessor is required to exercise professional judgment and to consider documentation, observation and interviews with the consumer, family members, direct care staff, the consumer's physician and other individuals as determined to be appropriate. The rules must require the nurse assessor to document in the record of the assessment consideration of all relevant information. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

SUMMARY

This resolve requires the Department of Human Services to amend the rules regarding medical eligibility assessments under the Medicaid program and state long-term care programs in order to ensure that the assessments are comprehensive and accurate. The rules must provide that in completing the assessment the nurse assessor is required to exercise professional judgment and to consider documentation, observation and interviews with the consumer, family members, direct care staff, the consumer's physician and other individuals as determined to be appropriate. The rules must require the nurse assessor to document in the record of the assessment consideration of all relevant information. Rules adopted pursuant to this resolve are major substantive rules.