Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the law authorizing the Long-term Care Implementation Committee, Public Law 1999, chapter 731, Part BBBB, section 15 was repealed on January 1, 2003; and
Whereas, the establishment of a new committee to oversee long-term care is required on a timely basis to continue the work of the Long-term Care Implementation Committee; 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Sec. 1. 5 MRSA §12004-I, sub-§47-D, as enacted by PL 1997, c. 665, §1, is repealed.
Sec. 2. 5 MRSA §12004-I, sub-§47-F is enacted to read:
Sec. 3. 22 MRSA §5107-B, as amended by PL 1997, c. 665, §2 and c. 734, §1, is repealed.
Sec. 4. 22 MRSA §5107-J is enacted to read:
§5107-J. Long-term Care Oversight Committee
The Long-term Care Oversight Committee, as established in Title 5, section 12004-I, subsection 47-F and referred to in this section as "the committee," shall oversee the policies and programs of the department with regard to long-term care for adults with disabilities and the elderly, referred to in this section as "consumers."
1. Duties. The committee shall review the adoption and amendment of rules by the department and monitor the implementation of initiatives in long-term care, striving to meet the needs of consumers of long-term care services.
2. Membership. The committee consists of 17 members.
A. The President of the Senate shall appoint 7 members as follows:
(1) One Senator, who is a member of the joint standing committee of the Legislature having jurisdiction over health and human services matters and who shall serve as Senate chair;
(2) Two providers of services to consumers, one of whom represents providers of home health services;
(3) Three consumers, one of whom is a consumer of consumer-directed home-based care services; and
(4) One person who has a family member who is a consumer.
B. The Speaker of the House shall appoint 7 members as follows:
(1) Two members of the House of Representatives, one of whom is a member of the joint standing committee of the Legislature having jurisdiction over health and human services matters. The first-named House member shall serve as House chair;
(2) Two providers of services to consumers, one of whom represents providers of home health services;
(3) Two consumers, one of whom is a consumer of consumer-directed home-based care services; and
(4) One person who represents the long-term care ombudsman program established pursuant to section 5106, subsection 11-C.
C. The Governor shall appoint 3 members as follows:
(1) One person who represents the area agencies on aging;
(2) One person who represents persons and families afflicted with Alzheimer's disease or dementia; and
(3) One person who represents a statewide organization representing persons with disabilities.
3. Terms. The terms of appointment are for 4 years, except that 1/2 of the first-appointed members shall serve for 2 years. Members may serve 2 terms and may continue to serve at the expiration of a term until their successors are appointed.
4. Meetings; staffing. The committee may meet no more than 4 times per year. The department shall provide staffing services as determined by the committee to be necessary.
5. Compensation; voluntary service. Legislators who are members are entitled to the legislative per diem and expenses. Other committee members serve on a voluntary basis and are not entitled to compensation.
6. Report. The committee shall report each year by January 15th to the joint standing committee of the Legislature having jurisdiction over health and human services matters and may introduce a bill related to its report to the Legislature at that time. The report must include recommendations of the committee, including legislation, and an evaluation of the status of the long-term care system in the State.
Sec. 5. 26 MRSA §1412-G, sub-§5, ¶A, as enacted by PL 2001, c. 559, Pt. BB, §4, is amended to read:
A. The commissioner shall:
(1) Ensure the input of consumers of those services. The commissioner may seek input through one or more public hearings or by other means determined reasonable by the commissioner; and
(2) Seek advice and input from the Long-term Care Steering Oversight Committee established in Title 22, section 5107-B 5107-J to determine whether the rates of reimbursement are sufficient for consumers to recruit, hire and retain personal care assistants.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 18, 2003.
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