‘Resolve, Establishing the Commission To Study Services Available on the Long-term Care Continuum’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the Commission To Study Services Available on the Long-term Care Continuum is established to study the transitions between services and the accessibility, efficiency and sufficiency of services available to individuals in need of services for aging in place; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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. Commission established. Resolved: That the Commission To Study Services Available on the Long-term Care Continuum, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 353, the commission consists of 13 members appointed as follows:

1. Two 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. Three 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. Eight members appointed by the Governor who possess expertise in the subject matter of the study as follows:

Sec. 3. Chairs. 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; 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 issues regarding the continuum of long-term care services in the community and in facilities. The commission shall:

1. Review the programs and waivers currently available in the Department of Health and Human Services that serve the elderly and persons with disabilities in home-based and community-based settings and in nursing and residential facilities;

2. Review recommendations from other studies, recent legislation and departmental initiatives;

3. Examine trends, such as the growth of the aging population, the needs of aging and disabled populations, the changing workforce and caregiver availability, to determine future needs in the long-term care continuum;

4. Develop ways for individuals to move with dignity across the long-term care continuum as their needs change and in a manner that is sustainable for families and for MaineCare;

5. Examine the role of staff who provide home care services to develop solutions, including possible consolidation of services, to improve service delivery;

6. Examine the waiting lists for individuals requiring lower levels of care, including homemaker services and home-based care, to determine whether those waiting lists are contributing to increased numbers in residential and institutional care facilities for those individuals who would remain in their homes if homemaker services and home-based care were available;

7. Examine the issues affecting the direct care workforce, including wages and benefits, qualifications, retention, morale and demographics;

8. Develop strategies to support those individuals who provide free care to family members and friends; and

9. Examine programs in other states to determine if there are models that could be used in this State to use MaineCare funds more efficiently; 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. Report. Resolved: That, no later than December 2, 2015, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Health and Human Services. The committee may report out legislation on the subject matter of the report to the Second Regular Session of the 127th Legislature.

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