A.__When a patient is scheduled for discharge from a hospital, a hospital, registered nurse or licensed practical nurse may perform a reassessment using the reassessment mechanism adopted by the department for reassessment purposes taking into account prior care plans and assessments and the patient's current needs.

B.__When a person resides in that person's own home and:

(1)__Is financially eligible for services under the MaineCare program, the department or a designee of the department shall perform the reassessment using the reassessment mechanism adopted by the department for reassessment purposes; or

(2)__Is not financially eligible for services under the MaineCare program, a long-term care facility, registered nurse or licensed practical nurse shall perform the reassessment using the reassessment mechanism adopted by the department for reassessment purposes.

C.__Long-term care facilities that are providing services to a person determined to be eligible for long-term care services under the MaineCare or a state-funded program after an assessment or reassessment under this section shall perform ongoing quarterly evaluation of that person's long- term care needs using the reassessment mechanism adopted by the department for reassessment purposes.__Quarterly evaluations under this paragraph replace the periodic reassessments required by the department by rule prior to the effective date of this paragraph.

D.__The department may sample and review records and data on reassessments under this subsection reported by each long- term care facility to ensure that errors are avoided or corrected.__A facility may be assessed a penalty as provided in the department's rules for errors in completing or reporting the results of these reassessments.

E.__By January 1, 2004 the department shall adopt rules to implement the provisions of this subsection. Rules adopted