LD 274
pg. 16
Page 15 of 38 An Act to Correct Errors and Inconsistencies in the Laws of Maine Page 17 of 38
Download Bill Text
LR 1
Item 1

 
Sec. 37. 24-A MRSA §6203, sub-§6, as amended by PL 1997, c. 478, §1, is
further amended to read:

 
6. Provision of services to nonresidents. The final
certificate of authority must state whether any skilled
nursing facility that is part of a life-care community or a
continuing care retirement community may provide services to
persons who have not been bona fide residents of the community
prior to admission to the skilled nursing facility. If the
life-care community or the continuing care retirement
community admits to its skilled nursing facility only persons
who have been bona fide residents of the community prior to
admission to the skilled nursing facility, then the community
is exempt from the provisions of Title 22, former chapter 103
or chapter 103-A, but is subject to the licensing provisions
of Title 22, chapter 405, and is entitled to only one skilled
nursing facility bed for every 4 residential units in the
community. Any community exempted under Title 22, former
chapter 103 or chapter 103-A may admit nonresidents of the
community to its skilled nursing facility only during the
first 3 years of operation. For purposes of this subsection,
a "bona fide resident" means a person who has been a resident
of the community for a period of not less than 180 consecutive
days immediately preceding admission to the nursing facility
or has been a resident of the community for less than 180
consecutive days but who has been medically admitted to the
nursing facility resulting from an illness or accident that
occurred subsequent to residence in the community. Any
community exempted under Title 22, former chapter 103 or
chapter 103-A is not entitled to and may not seek any
reimbursement or financial assistance under the Medicaid
program from any state or federal agency and, as a
consequence, that community must continue to provide nursing
facility services to any person who has been admitted to the
facility.

 
Sec. 38. 24-A MRSA §6226, sub-§1, as enacted by PL 1987, c. 563, §7,
is amended to read:

 
1. Initial deposits. The $1,000 limit on the initial
deposit contained in section 6203, subsection 3, paragraph A,
shall not apply after the stage of the Certificate of Need
application procedure when the department has, in writing,
deemed the application complete. After the disclosure
statement, the escrow agreement, the receipt and the
continuing care agreement have been reviewed on a preliminary
basis by the department's Certificate of Need staff, the
department shall forward the documents with recommendations,
if any, to the superintendent. All provisions of section
6203, including approval of the
receipt and the escrow agreement by the superintendent, remain
applicable. Thereafter the limit on deposits that may be


Page 15 of 38 Top of Page Page 17 of 38