H.P. 1469 - L.D. 2060
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, persons receiving personal care assistance services through the program administered by the Department of Labor will benefit from the transfer of that program to the Department of Human Services on July 1, 1998; and
Whereas, transfer of the program can occur in an orderly manner on July 1, 1998 only if this legislation is enacted on an emergency basis; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §5107-B, sub-§1, as enacted by PL 1995, c. 696, Pt. B, §5, is amended to read:
1. Membership; terms. The committee consists of 9 11 members appointed by the Governor.
A. Two Four members must be adults with disabilities who are consumers of independent living services, at least one of whom is a consumer of services under the consumer-directed home-based care program. Two members must be family members of individuals who are consumers of long-term care services, one of whom must represent persons with Alzheimer's disease or other dementia. Five members must be individuals over 65 years of age.
B. A member of the committee may not have any financial or governance interest in the provision of long-term care services.
Sec. 2. 22 MRSA §§5107-C to 5107-F are enacted to read:
The department shall establish a program of personal care assistance services, including consumer-directed personal care assistance services, for adults with long-term care needs who are eligible under section 5107-D.
§5107-D. Eligibility for services under the personal care assistance program
An adult with long-term care needs is eligible for personal care assistance services under the personal care assistance program under section 5107-C, referred to in this section as the "program," if the department or its designee determines that the adult:
1. Severe disability. Has a severe disability;
2. Need for services. Needs personal care assistance services or an attendant at night or both, which services are necessary to prevent or remove the adult from inappropriate placement in an institutional setting; and
3. Income and support. Has no or insufficient personal income or other support from public services, family members or neighbors. A sliding scale must be established for services provided under the program. The sliding scale must be based on the net income of individuals who receive subsidies for personal care assistance services. The expenses associated with each individual's disabilities must be factored into the calculation of net income for the individual.
1. Team designation. The commissioner shall designate evaluation teams in the State to assist the department with evaluations of adults with long-term care needs who apply for personal care assistance services under section 5107-C.
2. Membership. Each evaluation team must include at least one registered nurse or registered occupational therapist and the adult with long-term care needs.
3. Duties. For each adult with long-term care needs evaluated by an evaluation team, the team shall assist the department to:
A. Determine the eligibility of the adult for personal care assistance services;
B. Determine the capability of the adult, at the time of evaluation or after skills training provided pursuant to subsection 4, to hire and direct a personal care assistant;
C. Reevaluate the adult periodically to determine the adult's continuing need for the services; and
D. Consult when possible with the adult's attending physician.
4. Skills training. The commissioner may authorize an evaluation team to arrange for skills training for an adult with long-term care needs who applies for consumer-directed personal care assistance services under section 5107-C. Skills training may be provided in the following areas by the following individuals:
A. Personal health management to maximize personal well-being in relation to the adult's disability, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled, including all aspects of prevention, maintenance and treatment techniques;
B. Personal care assistant management, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled, including training in recruiting, hiring and managing a personal care assistant, scheduling and potential problems; and
C. Functional skills required to maximize the adult's abilities in activities of daily living, provided by a registered occupational therapist or other qualified person experienced in the rehabilitation of the severely disabled.
The department shall reimburse providers who are spouses of individuals who are eligible for personal care assistance services for severely physically disabled adults under section 5107-C.
Sec. 3. 22 MRSA §7323, sub-§2, as corrected by RR 1991, c. 2, §87, is amended to read:
2. Membership. Each multidisciplinary team must include at least one social services' professional, one or health care professional and, whenever possible, the adult with long-term care needs and a family or designated representative.
Sec. 4. 26 MRSA c. 19, sub-c.II, art. IX is repealed.
Sec. 5. Study and report. The Commissioner of Human Services, in conjunction with the Long-term Care Steering Committee, shall undertake a study of reimbursement rates for personal care assistance services. In conducting the study the commissioner and the committee shall consult with the Department of Labor, Bureau of Rehabilitation; the statewide independent living council; and other interested parties. The commissioner and the committee shall consider and make recommendations on the future role and duties of the committee. The commissioner shall report findings and recommendations to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.
Sec. 6. Transition report. The Commissioner of Human Services and the Commissioner of Labor shall report by January 1, 1999 to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the transfer of the personal care assistance services program from the Department of Labor, under the Maine Revised Statutes, Title 26, sections 1421 to 1421-C, to the Department of Human Services, under Title 22, sections 5107-C to 5107-F. The report must address the progress of the departments in making the transfer, the experience of consumers receiving services during the transition, any problems encountered in the transition and any recommended legislative or administrative action to address any problems or to improve the administration of the program.
Sec. 7. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1998-99
HUMAN SERVICES, DEPARTMENT OF
Long Term Care - Human Services
All Other $2,409,149
Provides funds, transferred from the Department of Labor, to reflect the transfer of responsibility for the personal care assistance program.
DEPARTMENT OF HUMAN SERVICES ____________
TOTAL $2,409,149
LABOR, DEPARTMENT OF
Rehabilitation Services
All Other ($2,409,149)
Deappropriates funds to be transferred to the Department of Human Services to reflect the transfer of responsibility for the personal care assistance program.
DEPARTMENT OF LABOR ____________
TOTAL ($2,409,149)
TOTAL ____________
APPROPRIATIONS -$0-
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect July 1, 1998.
Effective July 1, 1998.
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