CHAPTER 66
H.P. 1153 - L.D. 1580
Resolve, Regarding Legislative Review of Chapter 113: Rules and Regulations Governing the Licensing and Functioning of Assisted Housing Programs, a Major Substantive Rule of the Department of Human Services, Bureau of Elder and Adult Services
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 Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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. Adoption. Resolved: That final adoption of Chapter 113: Rules and Regulations Governing the Licensing and Functioning of Assisted Housing Programs, a provisionally adopted major substantive rule of the Department of Human Services, Bureau of Elder and Adult Services that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized provided the following changes are made in the rules for assisted living programs and residential care.
1. Rule 2.7, defining "applicant" for the rules for assisted living programs and the corresponding rules for residential care, must be changed to require that the lease agreement, contract or other agreement delineate the roles and duties under these rules.
2. Rule 2.8.2, defining "assisted living program" for the rules for assisted living programs and the corresponding rules for residential care, must be changed to specify the 2 levels of nursing services: services of a registered professional nurse; and registered professional nurse coordination and oversight.
3. Rule 2.12, defining "consumer" for assisted living programs only, must be adopted using the proposed definition of "resident" and the rules must be renumbered to run sequentially.
4. Rule 2.44, defining "resident" for assisted living programs only, must be changed to remove "or tenant."
5. Rule 3.4.4, on application and licensure, for assisted living programs and the corresponding rules for residential care must be changed to provide that the policy on admission and scope of services must describe the scope of nursing services.
6. Rule 3.22, on actions requiring prior written approval, must be changed to require prior approval only for common dining rooms and public bathrooms.
7. Rule 3.25.2, on signing a contract, for assisted living programs and the corresponding rules for residential care must be changed to delete all reference to the standard contract.
8. Rule 3.25.3, on provisions of contract, for assisted living programs and the corresponding rules for residential care must be changed to delete all reference to the standard contract.
9. Rule 5.12, on the right to confidentiality, for assisted living programs and the corresponding rules for residential care must be changed to allow access to confidential consumer information as authorized by any other applicable state or federal law and to require the release form to comply with the requirements of rule and law.
10. Rule 5.20, on the right to refuse treatment or services, for assisted living programs and the corresponding rules for residential care must be changed to delete reference to ensuring that a consumer receives necessary services and to include instead reference to encouraging the consumer to receive necessary services.
11. Rule 5.26, on reasonable modifications and accommodations, for assisted living programs and the corresponding rules for residential care must be changed to provide that the responsibility for reasonable modification and accommodation applies to the licensee, who may permit modification directly or through an agreement with the property owner.
12. Rule 5.28, on the right to appeal an involuntary transfer or discharge, for assisted living programs and the corresponding rules for residential care must be changed to allow appeal of a transfer or discharge for reasons of nonpayment and to provide an expedited appeal.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 4, 2003.
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