Whereas, there now exists a waiting list of elderly and disabled individuals for in-home and community support services programs; and

Whereas, because they lack in-home services, these individuals are at risk for inappropriate placement in institutional long- term care settings; and

Whereas, additional funding is critical for the provision of services that will allow these elderly and disabled individuals to remain in their homes and avoid institutional placement; and

Whereas, emergency legislation is required to provide such funding; 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. 26 MRSA §8 is enacted to read:

§8.__Exemption; home health care workers

For purposes of exemption from this Title, "employer" does not include an individual or the family of that individual who directly contracts with a home health care worker for the provision of services.__As used in this section, "home health care worker" means an individual directly engaged in providing acute, restorative, rehabilitative, maintenance, preventive or health promotion services through professional nursing or another therapeutic service, such as physical therapy, home health aid, nursing assistance, medical social work, nutritionist services or personal care services in a patient's place of residence.__If a patient or the family of a patient contracts with a home health care worker through the use of an agency, the home health care worker is deemed an employee of that agency.

Sec. 2. 39-A MRSA §102, sub-§11, ¶F is enacted to read:

F.__"Employee" does not include a home health care worker, if that home health care worker contracts directly with the patient or the patient's family.__For