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)

Signed by Governor

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

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Who can work in direct care

People with a disqualifying offense cannot work as a CNA, direct care worker, or immediate supervisor. Employers face penalties if they hire a disqualified person. Disqualifying convictions carry 5, 10, or 30-year bans that the department assigns by rule. A substantiated finding on the registry creates a lifetime bar. Some convictions are labeled nondisqualifying and do not block work. A worker may ask the department to remove a one-time substantiated finding after 12 months if there is no pattern of misconduct.

Faster reporting of serious patient events

Health care facilities must notify the division within 3 business days after they discover a sentinel event. They must file a CEO‑signed written report within 45 days that includes a full root‑cause analysis. Sentinel events now include a patient’s suicide within 48 hours of care and a major permanent loss of function within 48 hours; reporting is clarified if the loss is later found not permanent. People who report or help review events in good faith are immune from civil and criminal liability, except for knowingly false reports or perjury. The division reviews events, can request medical records, bring in experts, and visit facilities to check fixes.

Background checks and registry for caregivers

Training programs must get and pay for a background check for each applicant and give the applicant a copy. Licensed and unlicensed providers must get and pay for background checks before hiring anyone with direct client contact. Checks must include current and prior names, and programs must tell applicants that some offenses bar work. The department may run checks every two years on people listed on the registry. The registry shows disqualifying and some nondisqualifying convictions and any substantiated findings with supporting documents. The department can investigate abuse, neglect, exploitation, or theft by caregivers. The department can verify CNA credentials. Providers may be charged up to $25 each year for credential verification, and they cannot pass this fee to CNAs. The money funds the registry and criminal history checks.

Updated licenses and facility definitions

The department may issue a conditional license when a provider has violations, if doing so is in the public interest. The license lists required corrections and deadlines and can last up to 12 months or the rest of the full license period. A nursing facility that also offers assisted housing gets one unified license covering both levels of care. The law updates what counts as a facility and a health care facility, bringing some institutions into these rules and excluding nursing facilities and those licensed under chapter 1664. This changes who needs a license and which standards apply.

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. Signed by Governor, ACTPUB Chapter 305

    6/12/2025
  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

  • Amendment C-A (S-236), adopted by House & Senate

  • Enacted

  • Introduced

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