Maine's Department of Health and Human Services is proposing a set of sweeping new regulations for assisted living and residential care facilities.
The proposal comes after an 18-month investigation by the Maine Monitor and ProPublica found dozens of violations at those facilities. The Maine Monitor first reported on the latest proposals from DHHS.
The proposal calls for changes to staffing, training and compliance requirements for Maine assisted living and residential care facilities. Proposed staffing ratios vary depending on a facility's size but generally call for more personnel to be present throughout the day.
Brenda Gallant, the state's long-term care ombudsman, said residents at these facilities have greater needs today than they did a few years ago. Current staffing ratios, she added, aren't enough to provide the level of care that residents need.
"I really do think that the proposals are necessary in terms of protection of resident care, resident rights," Gallant said. "This is an opportunity to do something better for the older and disabled individuals that live in these homes."
The Maine Health Care Association, which represents nursing homes and residential care facilities around the state, said the proposed rules "present impossible requirements for providers."
"The new regulations impose unachievable staffing mandates, excessive training standards and costly compliance measures that are unaffordable, particularly given the current workforce shortages and low Medicaid reimbursement rates," Angela Cole Westhoff, president and CEO for the Maine Health Care Association, said in a statement. "These rules will exacerbate the labor crisis, forcing smaller and rural facilities to restrict admissions or close, further straining Maine's healthcare continuum."
The association is calling on DHHS to pause the rulemaking so that the department can hold discussions with providers.
Gallant acknowledged that providers are concerned about paying for the staffing, training and compliance standards but said she sees the proposed changes from DHHS as a starting point.
Providers have said they're concerned about finding additional staff during a tough labor market. But Gallant said she believes the increased staffing levels could help providers better retain direct care professionals at their facilities.
"They're likely to have less turnover, if staff feel that they have adequate numbers of staff," she said. "It can become very discouraging when there are simply not enough staff to take care of people."
Comments on the proposed rule changes were due to DHHS Monday. Lindsay Hammes, a spokesperson for the department, said each comment will be reviewed and will eventually be made public.
