APPROVED CHAPTER
JUNE 26, 2023 309
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 413 - L.D. 636
An Act to Authorize the Department of Health and Human Services to
License and Ensure the Quality of Personal Care Agencies
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1717, as amended by PL 2015, c. 494, Pt. A, §15, is further
amended by amending the section headnote to read:
§1717. Registration Licensing of personal care agencies and placement agencies
Sec. 2. 22 MRSA §1717, sub-§1, ¶C, as amended by PL 2015, c. 196, §2 and c.
299, §2, is further amended to read:
C. "Personal care agency" means a business entity or subsidiary of a business entity
that is not otherwise licensed by the Division of Licensing and Regulatory Services
department's division of licensing and certification and that hires and employs direct
access personnel or individuals who work in direct contact with clients, patients or
residents to provide assistance with activities of daily living and related tasks home
care services to individuals in the places in which they reside, either permanently or
temporarily. An individual who hires and employs direct access personnel or
individuals who work in direct contact with clients, patients or residents to provide care
for that individual is not a personal care agency, except when permitted by rule of the
department. "Personal care agency" does not include a home health care provider
licensed under chapter 419.
Sec. 3. 22 MRSA §1717, sub-§1, ¶C-1, as enacted by PL 2007, c. 324, §2, is
repealed.
Sec. 4. 22 MRSA §1717, sub-§2, as repealed and replaced by PL 2015, c. 494, Pt.
A, §15, is amended to read:
2. Registration of personal care agencies and placement agencies. Beginning
August 1, 1998, Until June 30, 2024, a personal care agency not otherwise licensed by the
department shall register with the department. Beginning January 1, 2008, a placement
agency not otherwise licensed by the department shall register with the department. The
department shall adopt rules establishing the annual registration fee, which must be
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between $25 and $250. Rules adopted pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2‑A.
This subsection is repealed July 1, 2025.
Sec. 5. 22 MRSA §1717, sub-§2-A is enacted to read:
2-A. Licensing of personal care agencies. Beginning July 1, 2024, an entity may not
provide home care services without a personal care agency license issued by the department
in accordance with this section. All application fees for a license under this section are
nonrefundable and are due upon submission of the application.
A. A personal care agency that holds an unexpired registration issued in accordance
with subsection 2 may continue to provide home care services until the registration
expires.
This paragraph is repealed July 1, 2025.
B. A personal care agency holding an unexpired registration issued in accordance with
subsection 2 is not required to obtain a license until the registration expires.
This paragraph is repealed July 1, 2025.
Sec. 6. 22 MRSA §1717, sub-§2-B is enacted to read:
2-B. Licensing standards for personal care agencies. The department shall adopt
rules to establish standards and fees for the licensing of personal care agencies. The
licensing standards must include, but are not limited to:
A. General licensing requirements;
B. Quality measures;
C. Personnel qualifications;
D. Mandatory and minimum training requirements;
E. Home care services;
F. Services provided and coordination of services;
G. Supervision and organizational structure, including lines of authority;
H. Record-keeping and confidentiality practices;
I. Business records requirements;
J. Licensing fees that are no less than $200 and no more than $2,000; and
K. Other aspects of services provided by a personal care agency that may be necessary
to protect the public.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.
Sec. 7. 22 MRSA §1717, sub-§2-C is enacted to read:
2-C. Types of licenses; terms. Pursuant to subsection 2-A, the department may issue
licenses to personal care agencies in accordance with this subsection. The department may
issue:
A. A provisional license for an applicant that:
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 (1) Has not previously operated as a personal care agency;
(2) Complies with all applicable laws and rules, except those that can only be
complied with once clients, patients or residents are served by the applicant; and
(3) Demonstrates the ability to comply with all applicable laws and rules by the
end of the provisional license term.
A provisional license may be issued for a period of time of at least 3 months and not
more than 12 months;
B. A full license for an applicant that has operated a personal care agency or for an
applicant renewing a license that complies with all applicable laws and rules. A full
license may be issued for a period of time not more than 24 months; and
C. A conditional license for a personal care agency with a provisional or a full license
that fails to comply with applicable laws and rules when, in the judgment of the
commissioner, issuing a conditional license is in the best interest of the public. The
conditional license must specify what corrections the personal care agency is required
to make during the term of the conditional license and a timeline for those corrections.
The conditional license may be issued for a period of time not more than 12 months or
the remaining period of the personal care agency's full license, whichever the
commissioner determines is appropriate considering the laws and rules violated.
Sec. 8. 22 MRSA §1717, sub-§2-D is enacted to read:
2-D. Licenses not assignable or transferable. A personal care agency may not assign
or transfer a license issued under subsection 2-C. A license is immediately void if
ownership or control of the personal care agency changes.
Sec. 9. 22 MRSA §1717, sub-§2-E is enacted to read:
2-E. Quality assurance and technical assistance for personal care agencies. This
subsection governs quality assurance and technical assistance for personal care agencies.
A. The department may conduct the following activities to ensure that quality home
care services are provided by personal care agencies:
(1) Issue notices of deficiency for a personal care agency's failure to comply with
applicable federal or state laws, rules or regulations;
(2) Require personal care agencies to submit acceptable plans of corrective action
to remedy deficiencies identified under subparagraph (1);
(3) Direct personal care agencies to comply with plans of corrective action issued
under subparagraph (2);
(4) Apply sanctions in accordance with subsection 13-A, paragraph A,
subparagraph (5); or
(5) Condition, suspend, revoke or refuse to renew a personal care agency's license
issued under subsection 2-C on the basis of the agency's noncompliance with plans
of corrective action.
B. The provisions of paragraph A apply to a personal care agency that holds a
registration during the time the registration is in effect.
This paragraph is repealed July 1, 2025.
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The department shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A.
Sec. 10. 22 MRSA §1717, sub-§3, as amended by PL 2015, c. 196, §5 and repealed
and replaced by c. 299, §5, is further amended to read:
3. Prohibited employment based on disqualifying offenses. A personal care agency
or a placement agency shall conduct a comprehensive background check for direct access
personnel and immediate supervisors of direct access personnel in accordance with state
law and rules adopted by the department and is subject to the employment restrictions set
out in section 1812‑G and other applicable federal and state laws when hiring, employing
or placing direct access personnel, including, but not limited to, a certified nursing assistant
or a direct care worker, and immediate supervisors of direct access personnel.
Sec. 11. 22 MRSA §1717, sub-§3-A, as enacted by PL 2015, c. 196, §6 and c. 299,
§6, is amended to read:
3-A. Verification of listing on the registry. Prior to hiring a certified nursing
assistant or, a direct care worker or an immediate supervisor of a certified nursing assistant
or direct care worker, a personal care agency or a placement agency shall check the Maine
Registry of Certified Nursing Assistants and Direct Care Workers established pursuant to
section 1812‑G and verify that a the certified nursing assistant or, direct care worker or
immediate supervisor of a certified nursing assistant or direct care worker listed on the
registry has no disqualifying notations.
The department may adopt rules necessary to implement this subsection. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
Sec. 12. 22 MRSA §1717, sub-§4, as amended by PL 2015, c. 196, §7 and c. 299,
§7, is further amended to read:
4. Penalties. The following penalties apply to violations of this section.
A. A person who An entity that operates a personal care agency or placement agency
without registering with the department as required by subsection 2 commits a civil
violation for which a fine of not less than $500 per day of operation but not more than
$10,000 may be adjudged. Each day of violation constitutes a separate offense.
This paragraph is repealed July 1, 2025.
A-1. An entity that operates a personal care agency without obtaining a license from
the department as required by subsection 2-A commits a civil violation for which a fine
of not less than $500 per day of operation but not more than $10,000 may be adjudged.
Each day of violation constitutes a separate offense.
B. A person who An entity that operates a personal care agency or placement agency
in violation of the employment prohibitions in subsection 3 or 3‑A commits a civil
violation for which a fine of not less than $500 per day of operation in violation but
not more than $10,000 per day may be adjudged, beginning on the first day that a
violation occurs. Each day of violation constitutes a separate offense.
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 Sec. 13. 22 MRSA §1717, sub-§6, as enacted by PL 2007, c. 324, §2, is amended
to read:
6. Enforcement actions by the Office of the Attorney General. The Office of the
Attorney General may file a complaint with the District Court seeking civil penalties or
injunctive relief or both for violations of this section.
Sec. 14. 22 MRSA §1717, sub-§9, as enacted by PL 2007, c. 324, §2, is amended
to read:
9. Right of entry. This subsection governs the department's right of entry.
A. An application for registration licensure of a personal care agency or placement
agency constitutes permission for entry and inspection to verify compliance with
applicable laws and rules.
B. The department has the right to enter and inspect the premises of a personal care
agency or placement agency registered licensed by the department at a reasonable time
and, upon demand, has the right to inspect and copy any books, accounts, papers,
records and other documents in order to determine the state of compliance with
applicable laws and rules.
C. To inspect a personal care agency or placement agency that the department knows
or believes is being operated without being registered licensed, the department may
enter only with the permission of the owner or person in charge or with an
administrative inspection warrant issued pursuant to the Maine Rules of Civil
Procedure, Rule 80E by the District Court authorizing entry and inspection.
D. The provisions of paragraphs A, B and C apply to a personal care agency that holds,
is applying for or does not hold a registration during the time registration may be
required.
This paragraph is repealed July 1, 2025.
Sec. 15. 22 MRSA §1717, sub-§10, as enacted by PL 2007, c. 324, §2, is repealed
and the following enacted in its place:
10. Administrative inspection warrant. This subsection governs administrative
inspection warrants.
A. The department and a duly designated officer or employee of the department have
the right to enter upon and into the premises of an unlicensed personal care agency with
an administrative inspection warrant issued pursuant to the Maine Rules of Civil
Procedure, Rule 80E by the District Court at a reasonable time and, upon demand, have
the right to inspect and copy any books, accounts, papers, records and other documents
in order to determine the state of compliance with this section. The right of entry and
inspection may extend to any premises and documents of a person, firm, partnership,
association, corporation or other entity that the department has reason to believe is
operating without being licensed.
B. The provisions of paragraph A apply to a personal care agency that does not hold a
registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
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 Sec. 16. 22 MRSA §1717, sub-§11, as enacted by PL 2007, c. 324, §2, is repealed
and the following enacted in its place:
11. Noninterference. This subsection prohibits interfering with department
investigations.
A. An owner or operator of an unlicensed personal care agency may not interfere with,
impede or obstruct an investigation by the department, including but not limited to
interviewing persons receiving home care services or persons with knowledge of the
agency.
B. The provisions of paragraph A apply to an owner or operator of a personal care
agency that does not hold a registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
Sec. 17. 22 MRSA §1717, sub-§13, as enacted by PL 2007, c. 324, §2, is repealed
and the following enacted in its place:
13. Suspension or revocation. This subsection governs suspension or revocation of
licenses for personal care agencies.
A. A personal care agency found to be in violation of this section may have its license
to operate as a personal care agency suspended or revoked. The department may file a
complaint with the District Court requesting suspension or revocation of a license to
operate a personal care agency.
B. The provisions of paragraph A apply to a personal care agency that holds a
registration during the time the registration is in effect.
This paragraph is repealed July 1, 2025.
Sec. 18. 22 MRSA §1717, sub-§13-A is enacted to read:
13-A. Enforcement actions by the department. This subsection governs the
department's enforcement authority.
A. If a personal care agency fails to comply with applicable laws and rules, the
department may:
(1) Refuse to issue or renew a license;
(2) Issue a conditional license in accordance with subsection 2-C;
(3) File a complaint with the District Court in accordance with Title 4, section 184
or the Maine Administrative Procedure Act to suspend or revoke a license pursuant
to subsection 13;
(4) Petition the Superior Court to appoint a receiver to operate the personal care
agency in accordance with chapter 1666-A; and
(5) Impose one or more of the following sanctions as necessary and appropriate to
ensure compliance with applicable laws and rules or to protect an individual served
by the personal care agency:
(a) Direct a personal care agency to stop admissions or intake of new clients,
patients or residents regardless of payment source, until the department
determines that the personal care agency has taken corrective action;
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 (b) Direct a personal care agency to correct any deficiencies in a manner and
within a time frame that the department determines appropriate to ensure
compliance with applicable laws and rules or to protect an individual served
by a personal care agency; or
(c) In addition to, or in lieu of, the penalties imposed pursuant to subsection
4, impose a penalty upon a personal care agency for a violation of this section
or rules adopted pursuant to this section. The department shall by rule establish
a schedule of penalties according to the nature of the violation that are no less
than $500 per day of operation but not more than $10,000 per day. Each day
of a violation constitutes a separate offense. Rules adopted pursuant to this
section are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A.
B. The provisions of paragraph A apply to a personal care agency that holds, is applying
for or does not hold a registration during the time registration may be required.
This paragraph is repealed July 1, 2025.
The department shall engage in monitoring a