H.P. 769 - L.D. 1046
Resolve, to Study Registration for In-home Personal Care and Support Workers
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Maine citizens who require in-home personal care and support are living in a variety of settings and receiving that care from providers whose background information may be difficult to obtain; and
Whereas, without access to background information consumers can not make informed decisions in the hiring and employment of their personal care and support workers; 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. Task force established. Resolved: That the Task Force on Registration of In-home Personal Care and Support Workers, referred to in this resolve as the "task force," is established to study the registration of personal care and support workers who work in homes, assisted living centers, residential care facilities and supported living arrangements; and be it further
Sec. 2. Task force membership. Resolved: That the task force consists of the following members:
1. The Commissioner of Human Services or the commissioner's designee and a member of the Division of Licensure and Certification of the Department of Human Services chosen by the commissioner;
2. The Commissioner of Public Safety or the commissioner's designee;
3. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services or the commissioner's designee;
4. The following members are jointly appointed by the President of the Senate and the Speaker of the House:
A. One member of the Joint Standing Committee on Health and Human Services and one member of the Joint Standing Committee on Criminal Justice, of whom one member must be from each major political party;
B. One representative of providers of in-home personal care and support;
C. One representative of an assisted living center, residential care facility or supported living facility;
D. One representative of consumers receiving consumer directed care;
E. One representative of the long-term care ombudsman program; and
F. One representative of the Legal Services for the Elderly, Inc.; and be it further
Sec. 3. Appointments; meetings. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The Executive Director of the Legislative Council must be notified by all appointing authorities once the selections have been made. Within 15 days of the appointment of all members, the Chair of the Legislative Council shall call and convene the first meeting of the task force. The task force shall select a chair from among its members; and be it further
Sec. 4. Duties. Resolved: That the task force shall:
1. Examine laws from other states relating to the registration of personal care and support workers providing services in homes, assisted living centers, residential care facilities and supported living facilities;
2. Examine registration, recording and reporting systems for personal background information and criminal record checks of personal care and support workers working in homes, assisted living centers, residential care facilities and supported living facilities;
3. Evaluate different registration, recording and reporting systems, including, but not limited to, the impact on consumer choice and consideration of timeliness and cost for consumers, persons providing care, agencies or entities employing persons providing care and payors for care, including the State and the Medicaid program; and
4. Make recommendations, together with any necessary implementing legislation, on the subject of registration of personal care and support workers providing services in homes, assisted living centers, residential care facilities and supported living facilities; and be it further
Sec. 5. Staff assistance. Resolved: That the Department of Human Services shall provide staffing assistance; and be it further
Sec. 6. Voluntary service. Resolved: That the members of the task force shall serve without compensation or reimbursement of any type; and be it further
Sec. 7. Report. Resolved: That the task force shall submit its report, together with any necessary implementing legislation, to the Joint Standing Committee on Health and Human Services and the Second Regular Session of the 118th Legislature no later than January 1, 1998. If the task force requires an extension, it may apply to the Legislative Council, which may grant the extension.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 16, 1997.
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