Title 22

Bonds and notes issued by the authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust co…

Within 4 months after the close of each fiscal year of the authority, the executive director of the authority shall prepare and submit a complete financial report to the Governor and to the Legislature, duly audited and certified by the auditor of accounts of the operations and a…

1. Refunding. The authority is authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest …

All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority under this chapter beyond the extent to which moneys shall have been provided under…

The State pledges to and agrees with the holders of bonds, notes and other obligations issued under this chapter, and with those parties who may enter into contracts with the authority pursuant to this chapter, that the State will not limit, alter, restrict or impair the rights h…

Neither this chapter nor anything contained in this chapter is or shall be construed as a restriction or limitation upon any powers which the Maine Health and Higher Educational Facilities Authority might otherwise have under any laws of this State, and this chapter is cumulative…

This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed so as to effect its purposes.

1. Maine Health Facilities' Reserve Fund. The authority shall establish and maintain a reserve fund called the "Maine Health Facilities' Reserve Fund" in which is deposited all money appropriated by the State for the purpose of that fund, all proceeds of bonds required to be depo…

1. Treasurer to withhold funds. When the authority notifies the Treasurer of State in writing that an entity eligible to use the authority is in default as to the payment of principal or interest on any securities of that entity sold through or by the authority, or that the autho…

1. Establishment; administration. A lease finance program under the jurisdiction and direction of the authority is established to provide for or assist with financing leases for eligible entities to acquire the use of personal or real property. The lease finance program must prov…

This chapter may be known and cited as the "Health Care Practitioner Self-referral Act."

The Legislature finds that referral of patients by a health care practitioner to a facility in which the referring health care practitioner has an investment interest may present a potential conflict of interest, which could be harmful to the public health or welfare.

This chapter applies to referrals for health services made on or after January 1, 1994. However, if a health care practitioner acquired an investment interest in a facility before January 1, 1993, this chapter does not apply to referrals by that health care practitioner to that f…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 308, §1 (NEW).] 1. Bureau. "Bureau" means the Bureau of Insurance. 2. Facility. "Facility" means any sole proprietorship, partnership, firm, corporation …

1. Prohibited referrals. A health care practitioner may refer a patient to an outside facility in which that health care practitioner is an investor only when that health care practitioner directly provides health services within the facility and will be personally involved with …

A facility or a health care practitioner that makes or causes to be made a referral prohibited under section 2085 or presents or causes to be presented a bill or claim for service that the facility or health care practitioner knows or should know is prohibited by section 2085 is …

The bureau shall implement this chapter pursuant to rules adopted in accordance with the Maine Administrative Procedure Act. The rules must include but are not limited to: [PL 1993, c. 308, §1 (NEW).] 1. Administration. Standards and procedures for the administration of this chap…

This chapter may be cited as the 1979 Dental Health Education Act.

For the purposes of this chapter, unless the context otherwise indicates, dental health education shall mean the provision of printed curricula, audio-visual aids, toothbrushes, floss, disclosing tablets, topical and systemic fluorides and necessary permanent equipment to maintai…

The Department of Health and Human Services shall provide to any public school system or private educational system financial reimbursement for the costs of providing dental health education to children. [PL 1979, c. 522, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] The Division …

The department shall promulgate rules and regulations outlining procedures for prior approval before materials in the definition of dental health education are purchased. The department may also promulgate rules and regulations to further define terms in this chapter and such oth…

1. Access to quality oral health services. The department shall develop access to quality oral health services for low-income residents with emphasis on underserved areas or populations by encouraging the development or expansion of community-operated, nonprofit oral health care …

The commissioner, in consultation with the Commissioner of Education, shall administer a grant program to promote oral health assessments of children entering elementary school and facilitate the provision of care for those students identified as in need of dental services. [PL 2…

1. Registration; renewal. A temporary nurse agency shall register with the department and renew the registration annually. In the event of a change of ownership, operation or location of the temporary nurse agency, the temporary nurse agency shall update the registration in accor…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 621, §5 (NEW).] 1. Hire, employ or place. “Hire, employ or place” means to recruit, select, train, declare competent, schedule, direct, define the scope …

Beginning October 1, 2010, a temporary nurse agency, prior to hiring, employing or placing an individual who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, sha…

A temporary nurse agency shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in …

1. Complaint investigation. The department is authorized to investigate complaints against a temporary nurse agency to ensure compliance with this chapter. 2. Injunctive relief. Notwithstanding any other remedies provided by law, the Attorney General may seek an injunction to req…

1. Short title. This chapter may be known and cited as "the Maine Death with Dignity Act." 2. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Adult" means a person who is 18 years of age or older. …

The Legislature finds that licensure of all agencies and organizations providing home health services is desirable and it is the purpose of this chapter to protect the public and assure that home health services are provided under standards of safety, efficiency and quality. [PL …

As used in this chapter, the following terms have the following meanings. [PL 1983, c. 570 (NEW).] 1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. 1-A. Certified nurse practitioner. "Certified nurse practitioner" has the same meaning as in sec…

Effective July 1, 1984, no home health care provider may provide home health services without having, subject to this chapter and to the rules promulgated by the department under this chapter, a written license therefor from the department.

1. Types of licenses. The department shall issue the following types of licenses, as follows. A. A provisional license shall be issued by the department to an applicant who: (1) Has not previously operated as a home health care provider or is licensed but has not operated during …

Standards shall be developed as follows. [PL 1983, c. 570 (NEW).] 1. Standards for licensing of all home health care entities. The commissioner shall develop, no later than one year of the date of enactment of this chapter, standards for the licensing of all home health care enti…

1. Requirements; home health care provider. A home health care provider that is licensed pursuant to this chapter and certified by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services as a home health agency may provide home health…

Each application for a license under this chapter must be accompanied by the fee established by the department. The fee is not refundable. All fees received by the department under this chapter must be paid into the State Treasury to the credit of the department for the purpose o…

The following are exempt from the provisions of this chapter: [PL 1983, c. 570 (NEW).] 1. Hospice organizations; volunteer services. Hospice organizations in which services are provided substantially by volunteers; 2. Families, friends and neighbors. Families, friends and neighbo…

The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any home health care provider who has applied for a license or who is licensed pursuant to this chapter at any reasonable time and, upon demand, have the…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Home health care provider" means an organization designated as a home health agency under rules of the department or certified by Medicare for del…

The requirements of this section apply to home health care providers required to be licensed under this chapter. [PL 2003, c. 634, §4 (NEW).] 1. Policies and procedures. A home health care provider shall develop and implement written policies and procedures that prohibit abuse, n…

Notwithstanding section 2147, subsection 2, a parent of a child who is eligible for home health aide services under the MaineCare program may receive reimbursement for providing those services to the child pursuant to this section and according to department rule. Rules adopted p…

Any home health care provider that provides services for which a license is required without obtaining a license commits a civil violation and is subject to a civil penalty for which a forfeiture of $100 may be adjudged. Each day constitutes a separate violation.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automated external defibrillator" or "AED" means a medical device that combines a heart monitor and a defibrillator approved by the United States …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 231, §1 (NEW).] 1. Administer. "Administer" means to apply an epinephrine autoinjector directly to a human body. 2. Authorized entity. "Authorized entity…

1. Prescribing to an authorized entity permitted. A health care practitioner may prescribe epinephrine autoinjectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine autoinjectors p…

This subchapter shall be known and may be cited as the "Maine Food Law."