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MaineLD 1961132nd Maine Legislature (2025-2026)SenateWALLET

An Act to Clarify the Laws Relating to the Licensure of Certain Facilities by the Department of Health and Human Services

Sponsored By: Henry L. Ingwersen (Democratic)

Became Law

HEALTH AND HUMAN SERVICES DEPTHEALTH AND HUMAN SERVICES DEPT - HEALTH CARE SERVICES

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

New hiring bans and second chances for care workers

The law bars people with disqualifying crimes or substantiated findings from jobs as CNAs, direct care workers, or immediate supervisors. The department sets which crimes carry 5-, 10-, or 30-year bans. A substantiated finding on the registry triggers a lifetime ban. People with nondisqualifying convictions can still work. If a single neglect or property-theft finding shows no pattern, a worker may ask to remove the note after 12 months.

Stronger serious-incident reporting at health facilities

The law expands 'sentinel events' to include patient suicide within 48 hours and other serious, preventable events named by national standards. Facilities must notify the state within 3 business days and file a CEO‑signed report with a full root‑cause analysis within 45 days. People who report or analyze in good faith are immune from civil and criminal liability. Knowingly false reports and perjury are not protected. The division focuses on corrective action, can visit sites, request records, and use consultants. Staff report to licensing only cases of immediate jeopardy and related Medicare noncompliance. An annual public report is due by April 1. The law updates which facilities are covered, clarifies which state office runs this work, and removes outdated subsections in the sentinel‑event statutes.

Background checks and registry funding for care staff

Training programs must get and pay for background checks before enrollment and give results after completion. Employers and placing agencies must get and pay for checks before hiring anyone with direct contact. Checks cover all current and past names. The department may recheck registry workers every two years. Registry entries show disqualifying convictions, some other convictions, and any substantiated findings with documents and appeal dates. No note is required for Class D or E convictions over 10 years old that did not involve a patient, client, or resident. The department can verify CNA credentials and investigate complaints of abuse, neglect, or theft. Providers may be charged up to $25 per year to support the registry, and they cannot pass this fee to CNAs.

Conditional licenses and regular checks for providers

The department may issue a conditional license to an agency or individual that breaks rules when it serves the public interest, including on first application or renewal. Each conditional license lists required fixes and deadlines. For personal care agencies, a conditional license can last up to 12 months or to the end of the current license. The department monitors licensees for compliance at least once every two years.

One license for nursing homes with assisted living

If a nursing facility also provides assisted living, the department issues a single license that covers both levels of care. The commissioner must adopt rules to run this combined license.

Clearer facility and housing program definitions

The law clarifies which places count as a 'facility' by tying the term to specific statute sections. It defines 'independent housing with services' as private apartments that get supportive services paid under a written agreement with the Office of Aging and Disability Services. It repeals several narrow subsections in related licensing laws.

Sponsors & Cosponsors

Sponsor

  • Henry L. Ingwersen

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 305

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    6/9/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/9/2025House

  4. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-236).In concurrence. ORDERED SENT FORTHWITH.

    6/4/2025House

  5. Report READ and ACCEPTED.READ ONCE.Committee Amendment "A" (S-236) READ and ADOPTED.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-236).Ordered sent down forthwith for concurrence.

    6/3/2025Senate

  6. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.In concurrence. ORDERED SENT FORTHWITH.

    5/13/2025House

  7. Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed REFERENCE to the Committee on HEALTH AND HUMAN SERVICES Ordered sent down forthwith for concurrence

    5/13/2025Senate

Bill Text

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