H.P. 1615 - L.D. 2241
Resolve, Regarding Legislative Review of Chapter 113: Regulations Governing the Licensing and Functioning of Assisted Living Facilities, a Major Substantive Rule of the Department of Human 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 Administrative Procedure Act, Title 5, chapter 375, subchapter II-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: Regulations Governing the Licensing and Functioning of Assisted Living Facilities, a provisionally adopted major substantive rule of the Department of Human Services, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized, with the following amendments to the rule.
1. The rule must allow an individual, other than the resident, to voluntarily sign an agreement separate from the contract signed for admission that guarantees payment of the resident's expenses by the individual. If anyone other than the resident informs the assisted living facility that they wish to guarantee payment of the resident's expenses, that person may do so only in a written agreement separate from the contract signed for admission. This separate agreement must be provided to the guarantor of payment 2 days prior to the resident's admission and must plainly state that:
A. The individual should not sign the agreement unless the individual voluntarily agrees to be fi-nancially liable for paying the resident's expenses with the individual's money;
B. The individual is not required to sign the document or accept the responsibility for payment unless the individual wishes to do so;
C. The individual may change the individual's mind within 48 hours of signing the agreement by notifying the facility that the individual wishes to revoke the agreement; and
D. The individual may call the long-term care ombudsman's program for an explanation of the individual's rights.
2. The rule must include a provision that the contract signed for admission of the resident may not require or encourage anyone other than the resident to obligate the resident for the payment of the resident's expenses.
3. The rule must provide that each contract signed for admission must contain a provision that provides for at least 60 days' notice prior to any changes in rates, responsibilities or services to be provided or any other items included in the contract.
4. The rule must provide that residents in congregate housing services programs who choose to relocate must give 10 days' advance notice in order to obtain a refund, except that residents who relocate for emergency medical treatment are not required to give 10 days' advance notice.
5. The rule must allow administrators 18 months from the effective date of the regulations for the licensing of residential care facility administrators or from the date of hire, whichever is later, to complete a training program approved by the Department of Human Services or to be licensed as a residential care facility administrator.
6. The rule must provide that the resident, the resident's legal representative and others chosen by the resident are required to be actively involved in the development of the service plan for the resident.
7. The rule must prohibit assisted living facilities from having more than 2 beds per room as of January 1, 2002.
8. The rule must provide that each assisted living facility develop a comprehensive disaster plan. The plan must include contingencies for the loss of power, heat, lights, water and sewage disposal, contingencies for long-term and short-term emergencies and, if the facility has no backup power source that can be used to continue operations of heat, lights, water and sewage disposal, contingencies for evacuation that include contractual agreements with other agencies of facilities for temporary accommodations.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 3, 1998.
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