Blog
Update on Final Adoption of 10-144 CMR Ch. 113, Assisted Housing Programs Licensing Rule
- By: Angela Westhoff
- On: 08/21/2025 12:33:25
- In: Legislative/Government Affairs
Per the major substantive rulemaking process, the Assisted Housing Programs Licensing Rule, (containing Part A for Assisted Living Facilities, and Part B for Residential Care Facilities) has been signed and will become effective on September 17, 2025. Providers, please review and become familiar with this new rule. Compliance is mandatory for Maine's Assisted Living providers and Residential Care Facilities.
The Department plans to issue guidance to providers regarding the timeline for enforcement, which will be emailed to providers and posted on the DLC website.
Final Version of Part A (Assisted Living) and Part B (Residential Care Facilities) of the rule are available along with an updated basis statement. A redlined version of Part B, which shows the changes that were made to the provisionally adopted rule in response to the legislative review (PL 2025 C 92) is also available here.
As a reminder for Part B, Residential Care Facilities Level I-IV PNMI and Level I-IV Residential Care Facilities categories no longer exist and associated regulations are now replaced by this final rule.
Other Highlights of Important Changes for Part B, Residential Care Facilities:
1. Page 54, Section 7, Administration:The administrator must ensure that the new data reporting requirements is met on no less than a quarterly basis. Data required to be reported will include:
- Daily number of staff by shift who were working and providing direct care to residents during each shift
- Number of staff who are working as temporary staff and were hired through a temporary nurse agency or other temporary staffing agency or Internet-based system, and the name of the agency.
- The facility's staff turn over rate for each quarter.
- The facility's resident census for each day.
- 1:12 from 7 am – 3 pm
- 1: 18 from 3 pm to 11 pm
- 1:30 from 11 pm to 7 am
3. Page 89-90, Section 17, Specialized Care Unit Standards: Proposed staffing ratios changes for Memory Care Units have been struck and will remain unchanged:
- 1:12 from 7 am – 3 pm
- 1:18 from 3 pm – 11 pm
- 1:30 from 11 pm – 7 am
4. And as a reminder on page 50, under Section 7, Administration, Part F. changes include:
“Maximum number of facilities and bed capacity for a single administrator. A licensed administrator may not have oversight responsibility for more than 160 residents in a licensed facility, or, if overseeing multiple facilities, no more than 3 facilities with a total licensed capacity of 50 residents. [Class II, III]”
*Please note, providers of Home and Community Services (commonly referred to as “HCBS” providers) will no longer be licensed under 10-144 CMR Chapter 113 after September 16, 2025. The Department plans to propose rules for Home and Community Settings in the coming weeks. Providers of Home and Community Services will be provided with notice of rulemaking and compliance guidance via email, and information will be posted on the DLC website.
Staff Contact: awesthoff@mehca.org