CHAPTER 600
S.P. 461 - L.D. 1514
An Act to Ensure Fairness in the Regulation and Reimbursement of Nursing Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1812-H, sub-§2-B is enacted to read:
2-B. Implementation. Notwithstanding any provision of this section to the contrary, a nursing facility may decline to admit a prospective resident after an evaluation of the person's clinical condition and related care needs and a determination that the facility lacks qualified staff to meet the level of care required for that person. A nursing facility is not subject to penalty or sanction for declining to admit a prospective resident under this subsection. Nothing in this subsection affects the obligation of a nursing facility to provide care specific to the needs of residents of the facility.
Sec. 2. Rulemaking. The Department of Human Services shall adopt rules regarding contracts for long-term care to ensure responsible financial management by persons who manage or have authority to manage or expend the assets and funds of residents of long-term care facilities. In developing the rules, the department shall consider allowing contracts to impose a clear duty on the part of a person to apply the funds of a resident in a responsible manner so that health care and long-term care expenses are paid to the extent possible and allowing mechanisms to promote payment of the resident's obligations in a timely manner. Mechanisms for payment may include but are not limited to direct deposit of funds, electronic transfer of funds and directed payment of Social Security benefits and other income of the resident. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Effective July 25, 2002, unless otherwise indicated.
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