CHAPTER 36
H.P. 653 - L.D. 853
An Act to Ensure Access to Assisted Living Services Programs
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, unless this legislation is enacted as an emergency measure, the Commission to Study Assisted Living will be unable to complete its work in a timely manner; 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. Commission to Study Assisted Living. There is established the Commission to Study Assisted Living, referred to in this section as the "commission," to study assisted living options for the State in order to develop high-quality, cost-effective assisted living housing and service programs to serve the growing population of elderly and disabled persons in appropriate community center locations across the State.
1. Membership. The commission consists of 21 members appointed as follows:
A. Four members of the Senate, appointed by the President of the Senate. In making these appointments, preference must be given to members of the Joint Standing Committee on Health and Human Services. The first named Senator serves as Senate chair;
B. Four members of the House of Representatives, appointed by the Speaker of the House. In making these appointments, preference must be given to members of the Joint Standing Committee on Health and Human Services. The first named member of the House of Representatives serves as House chair;
C. Five members appointed by the President of the Senate as follows:
(1) One person representing older persons; one person representing providers of long-term care, including assisted living services; one person representing developers of assisted living services; one person representing a statewide organization that invests in tax credit financed assisted living programs; and one person representing assisted living services providers;
D. Five members appointed by the Speaker of the House of Representatives as follows:
(1) One person representing providers of affordable assisted living services; one person representing private market providers of assisted living services; one person representing area agencies on aging; one person representing a community-based nonprofit organization that lends money for the development of affordable assisted living programs; and one person representing assisted living services providers;
E. The Director of the Maine State Housing Authority or the director's designee;
F. The Director of the State Planning Office within the Executive Department or the director's designee; and
G. The Director of the Department of Human Services, Bureau of Elder and Adult Services or the director's designee.
State agencies shall provide information and assistance to the commission as required for the performance of its work. These agencies include but are not limited to the Department of Human Services, Bureau of Medical Services; the Department of Economic and Community Development; the Office of the State Fire Marshal; and the Maine Health and Higher Education Facilities Authority.
2. Appointments. All appointments must be made no later than 30 days following the effective date of this Act. The appointing authorities shall notify the Executive Director of the Legislative Council upon making the appointments. When the appointment of all members is complete, the chairs shall call and convene the first meeting of the commission no later than August 15, 2001.
3. Assisted living philosophy. The commission must be guided by the following philosophy of assisted living.
A. Assisted living provides congregate residences and services for the elderly and persons with disabilities in homelike settings.
B. Based on a social model, assisted living emphasizes independence, autonomy and respect for individual residents.
C. Assisted living provides assistance to residents that is appropriate for their changing needs and that maintains the connections between the residents and their families and communities.
4. Duties. The commission is charged with the following duties.
A. The commission shall study existing housing and program options for elderly and disabled persons and current and projected population and service requirement data. The commission shall also study and propose changes to existing law to facilitate and properly compensate providers for the delivery of services that allow consumers to choose to remain and reside in an assisted living facility while aging without compromising the quality of care, the safety of consumers or the financial, administrative or residential care capabilities of the providers of assisted living services.
B. The commission shall develop a comprehensive plan for assisted living in the State that establishes criteria for admissions and staffing and provides for expanded options on the basis of community needs. The plan must address affordability for the State's low-income and moderate-income residents. The plan must include information on the residential and service needs of the aging population, options for service development and delivery, methods of financing and models for state oversight and regulation. The plan must be cost-effective and must maximize the use of private resources.
5. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the commission.
6. Reimbursement. Members of the commission who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2 and reimbursement for necessary expenses incurred for the attendance at authorized meetings of the commission. Other members of the commission who are not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses incurred for their attendance at authorized meetings.
7. Meetings; report. The commission shall hold 4 meetings. The commission shall submit a report of its work to the Joint Standing Committee on Health and Human Services by December 5, 2001. The Joint Standing Committee on Health and Human Services may report out legislation to the Second Regular Session of the 120th Legislature. If the commission requires a limited extension of time to conclude its work, it may apply to the Legislative Council, which may grant the extension.
8. Budget. Upon request of the commission, the Executive Director of the Legislative Council or the Executive Director's designee shall promptly provide the commission chairs and staff with a status report on the commission's budget, expenditures incurred and paid and available funds. The commission may not incur expenses that would result in the commission's exceeding its approved budget.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 27, 2001.
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