Title 22, Title 22

1. Amount of payment. The department shall provide so-called "mandatory" state supplemental income payments to beneficiaries of the supplemental security income program who receive payments under the state's former aid to the aged, blind and disabled program based on eligibility …

In administering this chapter, the department shall ensure that eligible individuals residing in nursing homes, as defined in section 1812‑A, shall have at least $30 a month for personal needs.

The provisions of this chapter apply only to so much of state supplemental income to the blind, disabled and elderly as is administered directly by the department, and not to so much thereof as is administered by the secretary. When the administration of any portion of the state …

A beneficiary of state supplemental income not administered by the secretary is disqualified from receiving benefits unless the beneficiary files with the department, whenever the department requires it, information concerning the beneficiary's income, assets and other conditions…

The department shall promulgate such temporary rules and regulations, consistent with the laws of the State of Maine, which are necessary or desirable for administration of this Part. The effect of such rules shall terminate on July 1, 1975.

Sections 3178, 3179, 3180, 3181, 3182, 3183 and 3184 apply to this Part.

When, for any reason, a person who has been determined to be eligible for state supplemental income is unable to indorse the check for the last payment approved for the recipient prior to the recipient's death, the department may approve payment by the State of obligations incurr…

The spouse of a beneficiary of state supplemental income is, if of sufficient ability, responsible for the partial or total support of the beneficiary. In determining the ability of such a spouse, the spouse's assets as well as the spouse's income must be considered. [RR 2021, c.…

The state supplemental income program shall be conducted in accordance with Title VI of the Civil Rights Act, as amended.

The provisions of chapters 855, 855‑A, 855‑B, 855‑C and 855‑D are severable and, if any of the provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect nor impair any of the remaining provisions. If any of the p…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 714, §2 (NEW).] 1. Bureau. "Bureau" means the Office of MaineCare Services with respect to section 7703 and section 1828. 2. Confidential information. "C…

Any information derived by the department in the course of carrying out its functions and deemed confidential by chapter 958‑A or 1071 or section 7703 or 1828, which relates to a state employee or a person licensed, certified or registered by a licensing board as defined in secti…

l. Disclosure to state employees. Confidential information that is relevant to a grievance or a disciplinary procedure within the department shall be provided to the affected employee and the employee's designated representative. 2. Disclosure to the Bureau of Human Resources. Co…

If confidential information regarding a person subject to or seeking licensure, certification or registration by a licensing board indicates that the person may have engaged in unlawful activity, professional misconduct or conduct that may be in violation of the laws or rules rel…

If confidential information relevant to an unemployment compensation proceeding with respect to the provision of, denial or termination of unemployment compensation benefits related to a person's state employment, the director may release the confidential information to the Commi…

Any person who violates this chapter is subject to the applicable penalty as provided in chapters 958‑A and 1071.

This Act may be cited as the Adult Protective Services Act.

The Legislature recognizes that many adult citizens of the State, because of incapacitation or dependency, are unable to manage their own affairs or to protect themselves from abuse, neglect or exploitation. Often these persons can not find others able or willing to render assist…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 527, §2 (NEW).] 1. Abuse. "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to …

1. General. The department shall act to: A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [PL 2003, c. 653, §3 (AMD…

1. Confidentiality of adult protective records. All department records which contain personally identifying information and are created or obtained in connection with the department's adult protective activities and activities related to an adult while under the jurisdiction of t…

A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Any licensed, registered, accredited or certified professional who has been adjudged to have violated a provision of this chapter mu…

1. Treatment not considered abuse, neglect or exploitation. An incapacitated or dependent adult shall not be considered to be abused, neglected or exploited solely because treatment is by spiritual means by an accredited practitioner of a recognized religious organization. 2. Tre…

1. Report required. The following persons immediately shall report to the department when the person knows or has reasonable cause to suspect that an incapacitated or dependent adult has been or is likely to be abused, neglected or exploited: A. While acting in a professional cap…

A person required to report cases of known or suspected abuse or neglect who knows or has reasonable cause to suspect that an adult has died as a result of abuse or neglect shall report that fact to the appropriate authority as provided in section 3026. An adult may not be consid…

Any person may make a report to the department when that person has reasonable cause to suspect an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation. [PL 2003, c. 653, §13 (AMD).] 1. Dependent. 2. Incapacitated. 3. Suspected inc…

1. Reporting and proceedings. A person participating in good faith in reporting under this subchapter, or in a related adult protection investigation or proceeding, is immune from any civil liability that might otherwise result from these actions, including, but not limited to, a…

1. Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate or the legal counsel for the department may: A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and …

The confidential quality of communications under section 1711‑C, Title 24‑A, section 4224 and Title 32, sections 7005 and 18393 is abrogated to the extent allowable under federal law in relation to required reporting or cooperating with the department in an investigation or other…

When it has been determined that an incapacitated or dependent adult is in need of protective services, the department shall immediately provide or arrange for protective services, provided that the adult consents. [PL 1981, c. 527, §2 (NEW).] 1. Consent. If an incapacitated or d…

If the department reasonably determines that an incapacitated adult is being abused, neglected or exploited and lacks capacity to consent to protective services, the department may petition the Probate Court for guardianship or conservatorship, in accordance with Title 18-C, sect…

1. Action. When the court has exercised the power of a guardian or has appointed the department temporary guardian pursuant to Title 18‑C, sections 5‑124 and 5‑312, and the ward or a caretaker refuses to relinquish care and custody to the court or to the department, then at the r…

At the time the department makes an evaluation of the case reported, it must be determined, according to regulations set by the commissioner, whether the incapacitated or dependent adult is financially capable of paying for the essential services. To the extent that assets are av…

1. Immediate report. Subject to the confidentiality provisions of section 3474, subsection 2, paragraph A, when the department receives a report under subchapter 1‑A that a person is suspected of abusing, neglecting or exploiting an incapacitated or dependent adult, the departmen…

All other state and local agencies as well as private agencies receiving public funds shall cooperate with the department in rendering protective services on behalf of incapacitated and dependent adults.

The department shall adopt standards and other procedures and guidelines with forms to insure the effective implementation of this chapter.

The department may adopt rules in accordance with Title 5, chapter 375, subchapter 2-A to carry out this chapter.

The department shall provide medical eye services, within the amounts appropriated by the Legislature, including corrective glasses, to individuals who have an annual income not exceeding 80% of the State's median income adjusted for family size and who have: [PL 1999, c. 790, Pt…

1. Prevention of developmental disabilities; Department of Health and Human Services. The Department of Health and Human Services shall serve as the principal agency for the primary prevention of developmental disabilities in the State and shall provide services for pregnant wome…

Private agencies shall be used as appropriate to carry out the implementation of initiatives to prevent developmental disabilities in cooperation with the respective departments so that State Government agencies do not duplicate existing resources in the community and so that all…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Developmental disability" means a disability attributable to a mental or physical impairment or combination of mental and physical impairments tha…

As used in this chapter, unless the context otherwise indicates or unless they are inconsistent with federal law, the following terms have the following meanings. [PL 1993, c. 158, §2 (NEW).] 1. Child care. "Child care" means a regular service of care and education provided for c…

The Maine Child Care Affordability Program is established in the department to provide child care subsidies under this chapter in accordance with the principles described under section 3732 to support the high-quality child care needs of children and working families while also p…

The department shall allocate resources available under this chapter in a manner that promotes the following principles. [PL 1993, c. 158, §2 (NEW).] 1. Family self-sufficiency. A stable source of child care is a critical ingredient to economic self-sufficiency. Child care polici…

To the extent permitted by federal law, the department shall coordinate and administer all available federal and state child care funds, including, but not limited to, those available under the United States Social Security Act; the federal Omnibus Budget Reconciliation Act of 19…

The department shall seek the advice of the council when applying or reapplying for federal funds under this chapter and when submitting state plans, amendments to state plans or waivers for federal approval. Whenever the department makes these submissions to the Federal Governme…