Title 22, Title 22

Except as otherwise provided, the department shall rebase reimbursement rates for the MaineCare program and other state-funded program reimbursement rates described in section 7402 at least every 5 years. Rebasing must be based on the most recent cost report filings available or …

The department shall adopt rules to implement the requirements of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

1. Children. As used in this subtitle, the word "children" means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301‑A, that provides services to these c…

1. Criminal penalties. Except as otherwise provided by law, a person who violates any provision of this subtitle commits a Class E crime. 2. Civil penalties. The following penalties apply to the following violations. A. A person who violates section 7703 or 8603 or rules adopted …

1. License required. A person, firm, partnership, association, corporation or other entity may not without first obtaining a license: A. Manage or operate a long-term care facility as defined in chapter 1666‑B; [PL 2007, c. 324, §5 (NEW).] B. Operate a child care facility as defi…

1. Records. Except as otherwise provided by law and this section, any records that are made, acquired or retained by the department in connection with its responsibilities under this subtitle shall be available to the public. 2. Confidential information. Except as provided in sub…

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 pr…

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 a…

Beginning October 1, 2010, a facility or health care provider subject to the licensing or certification processes of chapter 1663, a nursery school subject to chapter 1675 or a hospice provider subject to chapter 1681, prior to hiring an individual who will work in direct contact…

1. Reporting requirements. A child care facility licensed pursuant to section 8301‑A, subsection 2; a family child care provider licensed pursuant to section 8301‑A, subsection 3; and a nursery school licensed pursuant to section 8402 shall report reportable incidents in accordan…

1. License required. Except as provided in subsection 3 or section 7805, a person, firm, corporation or association may not operate any of the following without having, subject to this Subtitle and to the rules adopted by the department under this Subtitle, a written license from…

1. Types of license or approval. The department shall issue the following types of licenses. A. A provisional license or approval shall be issued by the department to an applicant who: (1) Has not previously operated the facility for which the application is made or is licensed o…

The department shall have the right of entry to any facility licensed under this subtitle, at any reasonable time in order to determine the state of compliance by the facility to applicable laws and rules. [PL 1975, c. 719, §6 (NEW).] To inspect any facility which the department …

With respect to the placement care and funding of care of any Indian child as defined in the Indian Child Welfare Act, 25 United States Code, Section 1901, et seq., this Subtitle does not apply to any Indian foster family home, adoptive home or other facility licensed by a federa…

As a condition of licensure under this subtitle, the department shall require entities described in section 7801, subsection 1, paragraphs A, A‑1, B and C to develop policies for releasing nontreatment information about a resident to law enforcement agencies, schools, parents, gu…

A license is not required to operate an independent housing with services program, as defined in section 7852.

Assisted housing facilities are authorized under this chapter in the following settings and subject to the following standards and licensure requirements. [PL 2023, c. 176, §7 (AMD).] 1. Standards. Assisted housing facilities further the independence of the resident and respect t…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] 1. Activities of daily living. "Activities of daily living" means tasks routinely performed by …

The commissioner shall adopt rules for licensed assisted housing facilities. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A, except that rules to establish categories of licensed assisted housing facilities, i…

The department shall charge annual fees for licensure of residential care facilities and assisted living facilities as follows: [PL 2023, c. 176, §25 (AMD).] 1. Fees for residential care facility. Ten dollars per licensed bed for a residential care facility; and 2. Fees for assis…

1. Inspection required. A license may not be issued by the department to a residential care facility until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360, 2391 or 2392 t…

In accordance with this section, the department shall adopt rules pursuant to Title 5, chapter 375 for the inspection of assisted living facilities as defined in section 7852, subsection 4‑A by the Commissioner of Public Safety or the commissioner's designee and the fees for that…

1. Permission to manage personal funds. An operator or agent of an assisted housing facility may not manage, hold or deposit in a financial institution the personal funds of a resident of the facility unless the operator or agent has received written permission from: A. The resid…

The department shall: [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).] 1. Facilities with 4 or fewer beds. Reimburse all residential care facilities of up to 4 beds at a rate of at least $433 per month; and 2. Facilities with 5 or 6 beds. Reimburse all resid…

Whenever there are pertinent and available health and other records about a person who seeks admission as a resident to a residential care facility, those records must be provided to the administrator of the facility at least 7 days prior to the date of admission, unless there ar…

The department shall permit shared staffing within multi-level health care facilities as long as there is a clear, documented audit trail and the staffing in the residential care facilities remains adequate to meet the needs of residents. Staffing to be shared may be based on the…

The Department of Health and Human Services, with advice from the Maine State Housing Authority, the United States Department of Agriculture, Rural Housing Service or any other housing agency financing assisted housing facilities, shall administer state-funded assisted housing fa…

Except as provided by subsection 2-A, all contracts or agreements executed by providers of assisted living services under this chapter and a consumer or the legal representative of the consumer are subject to the requirements of this section. [PL 2023, c. 89, §4 (AMD).] 1. Requir…

1. New construction, acquisitions and renovations. Notwithstanding any other law to the contrary, the department shall permit a capital expenditure by a residential care facility for new construction, an acquisition or a renovation that is less than $500,000 and shall provide rei…

It is the intent of the Legislature to establish a mechanism for residents of long-term care facilities in this State to articulate their rights and to be responsible for the protection of those rights.

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 445 (NEW).] 1. Long-term care facility. "Long-term care facility" means any facility program of assisted living licensed pursuant to chapters 1663 and 16…

1. Establishment; composition. Each long-term care facility shall inform residents of their right to establish a council. This information must be given to all residents and a family member or designated representative for those residents on admission and must be posted prominent…

1. Alleged violations reported and investigated. Any person who believes that any of those rules governing the licensure of long-term care facilities or the operation of assisted living programs and services authorized pursuant to section 7853 adopted by the department pertaining…

Long-term care facilities which receive public funds may not discharge or transfer any person solely based on a change in their source of payment.

It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of residents in long-term care facilities, clients of home health care providers and personal care agencies, general and specialty hospitals, critical …

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 454 (NEW).] 1. Emergency. "Emergency" means a situation, physical condition or one or more practices, methods or operations which presents imminent dange…

1. Grounds for appointment. The following circumstances are grounds for the appointment of a receiver to operate a long-term care facility, home health care provider, personal care agency, general and specialty hospitals, critical access hospitals, ambulatory surgical centers, ho…

1. Powers and duties. A receiver appointed pursuant to this chapter has such powers as the court may direct to operate the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical…

The receivership terminates when the court certifies that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivershi…

A person may not bring suit against a receiver appointed under section 7933 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in the receiver's official capacity only and any judgment rendered must be …

An order appointing a receiver under section 7933 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the long-term care facility, home health care provider, personal care agency, general hospital, specialt…

The department may adopt regulations as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, to implement this chapter.

It is the purpose of this chapter to authorize the Department of Health and Human Services to impose intermediate sanctions in order to improve the quality of care in long-term care facilities and to establish programs to reward long-term care facilities that provide the highest …

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 774, §4 (NEW).] 1. Department. "Department" means the Department of Health and Human Services. 2. Directed plan of correction. "Directed plan of correcti…

1. License required. It is a violation of this chapter for a person to manage or operate a long-term care facility as defined in this chapter without first obtaining a license to manage or operate a long-term care facility. 2. Interference or false information. It shall be a viol…

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the res…