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An Act To Update the Laws Affecting the Department of Health and Human Services, Division of Licensing and Regulatory Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1723  is enacted to read:
§ 1723. Processing fee
Beginning October 1, 2010, a facility or health care provider subject to the licensing, certification or registration processes of this chapter or chapter 405, 411, 412, 417 or 419 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license, certificate or registration when the licensee, certificate holder or registration holder made changes that require the reissuance of a license, certificate or registration.
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  22 MRSA §1812-G, sub-§4-A  is enacted to read:
 
4-A.  Provider verification fee.   The department may establish a provider verification fee not to exceed $25 per provider for verification of a certified nursing assistant's credentials and training. Providers may not pass the cost on to the individual certified nursing assistant. Provider verification fees collected by the department must be placed in a special revenue account to be used by the department to operate the registry, including but not limited to the cost of criminal history record checks. 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. 3. 22 MRSA §2131, sub-§3, as enacted by PL 1989, c. 579, §4, is amended to read:
 
3. Fee. The initial and annual fee for registration is $25.
 
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. 4.  22 MRSA §7704  is enacted to read:
§ 7704. Processing fee
Beginning October 1, 2010, a facility, health care provider or program subject to the licensing or certification processes of chapter 1663, 1664, 1667, 1669, 1671 or 1673; a nursery school subject to chapter 1675; an adult day care program subject to chapter 1679; or a hospice provider subject to chapter 1681 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license or certificate when the licensee or certificate holder made changes that require the reissuance of a license or certificate.
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5.  22 MRSA §7705  is enacted to read:
§ 7705. Transaction fee for electronic renewal of license
The department may collect a transaction fee from providers renewing their licenses electronically under this subtitle. The fee may not exceed the cost of providing the electronic license renewal service. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6. 22 MRSA §8303-A, as amended by PL 2005, c. 530, §10 and c. 640, §4, is repealed and the following enacted in its place:
§ 8303-A. Fee for licenses
 
1.  Child care facilities and certified family child care providers.   The department shall adopt rules to establish reasonable fees for both initial licensure or certification and license or certification renewals for child care facilities and certified family child care providers. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
 
2.  Nursery schools.   The department shall adopt rules to establish reasonable initial and renewal licensing fees for nursery schools that may not exceed $40 for an initial or renewal license. 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. 7.  34-B MRSA §1224  is enacted to read:
§ 1224. Processing fee
Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203-A shall pay a processing fee not to exceed $10 to the department for the reissuance of a license when the licensee made changes that require the reissuance of a license.
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill authorizes the Department of Health and Human Services to charge a processing fee when a licensed, certified or registered facility, health care provider or program must have a license, certificate or registration reissued by the department because the licensee, certificate holder or registration holder made changes that require the reissuance of the license, certificate or registration.
The bill authorizes the department to establish an annual registration fee for temporary nurse agencies and to increase the initial and renewal licensing fees for nursery schools, not to exceed $40.
The bill also authorizes the department to charge certain providers a transaction fee to renew licenses electronically. It authorizes the department to charge a verification fee to providers to check a certified nursing assistant's credentials and training history.