Title 22, Title 22

All contracts or agreements executed at the time of admission or prior to admission by a resident or legal representative and by any nursing home licensed pursuant to this chapter shall be subject to the requirements of this section. [PL 1985, c. 291, §1 (NEW).] 1. Required contr…

A nursing home may require an identification photograph of each resident. Photographs may not be used for any other purpose without the permission of the resident for each specific use. The permission must indicate the specific purpose which the pictures are to be used for and, e…

1. Confidential information. The following provisions apply to records that are made, acquired or retained by the department in connection with the administration of the Medicaid program and the licensing or certification of hospitals, nursing homes and other medical facilities a…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Medical utilization review entity" means a person, corporation, organization or other entity that provides medical utilization review services as …

1. Notice. Each nursing home shall post a notice in a place within the nursing home where notices for residents are ordinarily posted stating that each resident has the right to obtain medication from a pharmacy of the resident's choice as provided in section 1826, subsection 1.

1. Provision of information. In order to provide for informed patient or resident decisions, a hospital or nursing facility shall provide a standardized list of licensed providers of care and services and available physicians for all patients or residents prior to discharge for w…

A hospital licensed under this chapter shall, on an annual basis, adopt a safety and security plan to protect the patients, visitors and employees of the hospital from aggressive and violent behavior. The safety and security plan must include a process for hospitals to receive an…

1. Screening. A hospital licensed under this chapter shall screen all patients presenting for emergency care at the hospital's emergency department regarding whether or not the patient has prior service in the military. This information must be added to the hospital's patient dat…

The Legislature is concerned that certain health care institutions have engaged persons with the intent to interfere with, inhibit or disrupt the free exercise of the right of all employees to organize and choose representatives for the purpose of negotiating the terms and condit…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 473 (NEW).] 1. Disallowed expenditure. "Disallowed expenditure" means an amount paid to any person for those acts or services rendered, which result in: …

Upon notification that a health care institution has paid an amount for a disallowed expenditure, the department shall make a determination as to the amount of the disallowed expenditure. The department shall withhold an amount equal to a proportional share of the amount of the d…

To the extent consistent with Medicare and Medicaid law and regulation, disallowed expenditures shall not include amounts paid to any person for services rendered as follows: [PL 1983, c. 473 (NEW).] 1. Unfair labor practice. In the commission of any unfair labor practice out of …

1. Report. Each health care institution which receives funds from the department shall annually report to the department the amount paid to any person for the purpose of influencing its employees, respecting unionization, or attempts to coerce employees to otherwise interfere wit…

The Commissioner of Health and Human Services shall adopt rules in order to implement this chapter, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.

The department may make Medicaid reimbursement for a nursing facility contingent on a maximum distance between a patient's home and the nursing facility if the maximum distance is not more than 60 miles; except that the distance restriction may not be applied to the Maine Veteran…

The Legislature finds that family planning services are not sufficiently available as a practical matter to many persons in this State, that unwanted pregnancy may place severe medical, emotional, social and economic burdens on the family unit and that it is desirable that inhibi…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 236, §3 (AMD).] 1. Contraceptive procedures. "Contraceptive procedures" means any medically accepted procedure to prevent pregnancy when performed by or …

It is the policy and authority of this State that: [PL 2019, c. 236, §4 (AMD).] 1. Availability. Family planning services must be readily and practicably available to all persons desiring and needing such services; 2. Consistent with public policy. The delivery of family planning…

The commissioner is authorized and directed to adopt rules and establish programs to enable the department, either directly or under contractual arrangements with other organizations, to promptly implement this chapter.

The department is authorized to receive and disburse such funds as may be available to it for family planning services to any nonprofit organization, public or private, engaged in providing such services. Family planning programs administered by the department may be developed in…

To the extent family planning funds are available, the department shall provide family planning services to medically indigent persons eligible for such services as determined by rules adopted by the commissioner. Family planning services must also be available to all others who …

The refusal of any person to accept family planning services does not affect the right of that person to receive public assistance or public health services or to access any other public benefit. The employees of agencies engaged in the administration of this chapter shall recogn…

Notwithstanding section 1503, family planning services may be furnished to any minor by a health care practitioner. The health care practitioner is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the prevention or…

This chapter shall be construed to protect the rights of all persons to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent imposition upon any person's moral standards and to respect the right of every person to self-determination in respe…

The commissioner shall undertake initiatives to implement effective, comprehensive family life education services. In providing such services, the commissioner shall contract with local family planning programs to provide: [PL 2001, c. 654, §2 (NEW).] 1. Training. Training for te…

To the extent that comprehensive family life education takes place in a school, a parent may choose to not have that parent's child participate in a comprehensive family life education program.

For the purposes of this chapter, the word "child" shall mean any person who has not attained the age of 18 years.

The department is authorized to administer a program to extend and improve its services for promoting the health of mothers and children, especially in rural areas and in areas suffering from severe economic distress. This chapter may not be construed as authorizing any public of…

There is established within the Department of Health and Human Services, Bureau of Health, the Public Health Nursing Program.

The Director of the Public Health Nursing Program must be licensed as a registered nurse in the State and shall have education and experience in community health nursing.

The Public Health Nursing Program has the following responsibilities: [PL 1995, c. 502, Pt. D, §4 (AMD).] 1. Establish standards. To establish standards for the following programs carried out by the department pursuant to state or federal laws or regulations: A. Community nursing…

Notwithstanding any other provision of law, and without further approval or justification, the department shall promptly fill all public health nurse positions within the Public Health Nursing Program for which funding is provided. [PL 2017, c. 312, Pt. A, §2 (NEW).] The departme…

The department shall provide office space and support services on a regional basis for the staff of the Public Health Nursing Program to the full extent of required staffing provided in section 1964 in order to derive the maximum benefit from the professional skills of public hea…

For the purposes of this chapter, the word "child" means any person who has not attained the age of 22 years.

The department, through its Bureau of Health, is authorized to administer a program of services for children who are disabled or who are suffering from conditions that lead to a disability, and to supervise the administration of those services included in the program that are not…

This Act may be cited as the "Maine Medical Laboratory Act."

The proper operation of medical laboratories within the State is a matter of vital concern, since they provide essential health services by aiding medical practitioners in the diagnosis and treatment of disease. It is the purpose of this Act to develop, establish and enforce mini…

In general, this Act applies to all medical laboratories and directors of medical laboratories operating in the State. [PL 1989, c. 72, §2 (NEW).] 1. Exemptions. Subject to the limitations set forth in subsections 2 and 3, the following entities are exempted from the provisions o…

For the purposes of this Act, the following words and phrases have the meanings ascribed to them unless the context otherwise requires. [PL 1975, c. 218 (RPR).] 1. Commission. 2. Department. "Department" means the Department of Health and Human Services of the State of Maine. 3. …

The department shall issue a medical laboratory license to any medical laboratory which has applied for said license on forms provided by the department and which is found to be in compliance with this Act. [PL 1993, c. 600, Pt. B, §6 (AMD).] No medical laboratory licensed under …

Application must be made on a form prescribed by the department. Licenses must be issued to perform testing in one or more of the following categories or specialties: Histocompatibility; microbiology, including subcategories bacteriology, mycology, parasitology, virology; immunol…

A license shall expire 3 years after the date of issuance unless renewed. Licenses may be renewed in the same manner and subject to the same conditions as the issuance of the original license and upon payment of a renewal application fee of $200 for the first category and $60 for…

A license to conduct a medical laboratory when the owner is not the director shall be issued jointly to the owner and the director for the premises stated in the application, and they shall be severally and jointly responsible to the department for the maintenance and conduct the…

A person maintaining, conducting or operating a medical laboratory shall display, in a prominent place in the medical laboratory, the license issued to the person by the department. A medical laboratory may not in any advertisement, announcement, letter, circular, poster, sign or…

Fees required under this Act may not be returned to the applicant or licensee under any circumstances.

All fees charged and collected by the department shall be deposited by it in the State Treasury to the credit of the department. All such money is appropriated to be used by the department in carrying out this Act. The expenditures of the department may be paid from that money.