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Amend the resolve by striking out everything after the title and before the summary and inserting the following:
‘Sec. 1 Commission To Study Long-term Care Facilities established. Resolved: That the Commission To Study Long-term Care Facilities, referred to in this resolve as "the commission," is established; and be it further
Sec. 2 Commission membership. Resolved: That the commission consists of 13 members appointed as follows:
1. Three members of the Senate appointed by the President of the Senate, including members from each of the 2 parties holding the largest number of seats in the Legislature;
2. Four members of the House of Representatives appointed by the Speaker of the House, including members from each of the 2 parties holding the largest number of seats in the Legislature; and
3. Six members appointed by the Governor who possess expertise in the subject matter of the study, as follows:
A. The director of a long-term care ombudsman program described under the Maine Revised Statutes, Title 22, section 5106, subsection 11-C;
B. The director of a statewide association representing long-term care facilities and one representative of a 2nd association of owners of long-term care facilities;
C. A person who serves as a city manager of a municipality in the State;
D. A person who serves as a director or who is an owner or administrator of a nursing facility in the State; and
E. A representative of the Governor's office or the Governor's administration; and be it further
Sec. 3 Chairs; subcommittees. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission. The chairs of the commission are authorized to establish subcommittees to work on the duties listed in section 5 and to assist the commission. The subcommittees must be composed of members of the commission and interested persons who are not members of the commission and who volunteer to serve on the subcommittees without reimbursement. Interested persons may include representatives of nursing facilities with a high percentage of residents whose care is reimbursed through the MaineCare program, individuals with specialized knowledge in implementing an acuity-based staffing system, individuals with expertise in acuity-based reimbursement systems, a representative of an agency that provides services to the elderly and any other persons with experience in nursing facility care; and be it further
Sec. 4 Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business; and be it further
Sec. 5 Duties. Resolved: That the commission shall study the following issues and the feasibility of making policy changes to the long-term care system:
1. Funding for long-term care facilities, including the development of an acuity-based reimbursement system as proposed in Legislative Document 1245 of the 126th Legislature, "Resolve, Directing the Department of Health and Human Services To Create a More Equitable, Transparent Resource Allocation System for Nursing Facilities Based on Residents' Needs," and the development of a pay-for-performance program to encourage and reward strong performance by nursing facilities as proposed in Legislative Document 928 of the 126th Legislature, "An Act To Improve MaineCare Nursing Home Reimbursement To Preserve Access and Promote Quality";
2. Staffing and regulatory requirements, including the development of minimum staffing requirements based on a 24-hour time period as proposed in Legislative Document 1246 of the 126th Legislature, "An Act To Promote Greater Staffing Flexibility without Compromising Safety or Quality in Nursing Facilities";
3. Collaborative agreements with critical access hospitals for the purpose of sharing resources;
4. Reimbursement mechanisms to reimburse facilities for which the MaineCare program is the payor for a high percentage of the residents as proposed in Legislative Document 928 of the 126th Legislature, "An Act To Improve MaineCare Nursing Home Reimbursement To Preserve Access and Promote Quality";
5. The viability of privately owned facilities in rural communities; and
6. The impact on rural populations of nursing home closures.
In performing the study the commission shall review the final report of the Commission to Examine Rate Setting and the Financing of Maine's Long-term Care Facilities established by Resolve 1997, chapter 81; and be it further
Sec. 6 Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the commission; and be it further
Sec. 7 Information and assistance. Resolved: That the Commissioner of Health and Human Services, the State Auditor and the State Budget Officer shall provide information and assistance to the commission as required for its duties; and be it further
Sec. 8 Report. Resolved: That, no later than December 4, 2013, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second Regular Session of the 126th Legislature.’
 
SUMMARY
The resolve establishes the Commission To Study Long-term Care Facilities. This amendment changes the membership of the commission so that it consists of 7 Legislators, one representative of a nursing facility, 2 representatives of long-term care facilities, one director of a long-term care ombudsman program, one person representing a municipality and one person representing the Governor's office or the Governor's administration. This amendment adds to the duties of the commission duties derived from 3 bills that were before the Joint Standing Committee on Health and Human Services, Legislative Document 928, Legislative Document 1245 and Legislative Document 1246. The amendment authorizes the chairs of the commission to establish subcommittees composed of interested persons, including representatives of nursing facilities with a high percentage of residents whose care is reimbursed through the MaineCare program, individuals with specialized knowledge in implementing an acuity-based staffing system, individuals with expertise in acuity-based reimbursement systems, a representative of an agency that provides services to the elderly and any other persons with experience or interest in nursing facility care. The amendment directs the commission to submit a report with findings and recommendations to the 126th Legislature by December 4, 2013.