22 M.R.S. § 3104 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3104
22 §3104. Statewide  Supplemental Nutrition Assistance Program
Status: in_force

1. Program required. The department shall: A. Administer a statewide program, referred to in this chapter as "the Supplemental Nutrition Assistance Program," or "SNAP," in accordance with the related requirements and regulations of the United States Department of Agriculture, the United States Department of Health and Human Services and the United States Department of Education; and [PL 2021, c. 398, Pt. OO, §6 (AMD).] B. Cooperate with and participate in the administration of food distribution programs in conformity with regulations promulgated by the United States Department of Agriculture. [PL 1977, c. 462 (NEW).] [PL 2021, c. 398, Pt. OO, §6 (AMD).]

2. Costs. [PL 1981, c. 703, Pt. A, §21 (RP).]

3. Authorization of emergency food stamp benefits prior to full verification. [PL 2009, c. 291, §2 (RP).]

3-A. Authorization of emergency SNAP benefits prior to full verification. Whenever an applicant for benefits under the Supplemental Nutrition Assistance Program states to the department that the applicant is in need of immediate food assistance, the department shall, pending verification, issue and mail an electronic benefits transfer card authorizing the applicant to purchase food at the time of the department's initial interview with the applicant or within one working day of the interview, as long as all of the following conditions are met. A. As a result of the initial interview with the applicant, the department must have determined that the household of the applicant will probably be eligible for SNAP benefits after full verification is completed. [PL 2021, c. 398, Pt. OO, §7 (AMD).] B. When possible, the applicant shall submit to the department, at the time of the initial interview, adequate documentation to verify that the applicant is in need of immediate food assistance. [PL 2009, c. 291, §2 (NEW).] C. When adequate documentation is not available at the time of the initial interview, the department shall contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about the applicant's need for immediate food assistance. [PL 2009, c. 291, §2 (NEW).] The authorization to receive SNAP benefits under this section may not exceed 30 days from the date that the applicant receives the authorizing card. Additional SNAP benefits may not be issued to the applicant's household until full verification has been obtained that confirms the eligibility of the household. [PL 2021, c. 398, Pt. OO, §7 (AMD).]

4. Mail issuance of coupons. [PL 2009, c. 291, §2 (RP).]

4-A. Electronic benefits transfer system. The department shall operate a system of issuance of food allotments through an electronic benefits transfer system as authorized by and in conformity with regulations promulgated by the United States Department of Agriculture. [PL 2009, c. 291, §2 (NEW).]

5. Outreach. It is the intent of the Legislature that the department fully carry out all outreach activities established by federal regulation to encourage the participation of all eligible households. In carrying out its outreach activities, the department shall insure that all applicants and recipients are informed of their right to have the requirement for a face-to-face interview waived as provided by federal regulations. [PL 1979, c. 386 (NEW).]

6. Bilingual requirements. [PL 2009, c. 291, §2 (RP).]

7. Verification of information. The department shall establish and implement uniform verification procedures that will be applied to all applicants and recipients. [PL 1979, c. 386 (NEW).]

8. Certification periods. Households must be certified for a 12-month period unless there is a likelihood of change in income or household status. [PL 2009, c. 291, §2 (AMD).]

9. Information on notice to recipients. All notices of denial, reduction of benefits, termination of benefits, fraud claims, nonfraud claims or other actions must contain information on the appeal procedure, and the availability of free legal representation in the geographic area and must include, at a minimum, the address and telephone number for these services. [PL 2009, c. 291, §2 (AMD).]

10. Supplemental monthly issuance. Whenever a household receiving benefits through the Supplemental Nutrition Assistance Program informs the department of a change in circumstances that will result in an increase in its SNAP benefit, the department shall issue a supplemental allotment to that household for the month in which the change is reported. The supplemental allotment must represent the difference between the amount for which the household was originally certified in that month and the amount for which it is actually eligible as a result of its reported change in circumstances. The department shall issue that supplemental allotment within 5 working days of the date that the change in circumstances was reported. [PL 2021, c. 398, Pt. OO, §8 (AMD).]

11. Supplemental Nutrition Assistance Program overpayment recovery. The Food Supplement Administration account is established as a nonlapsing Other Special Revenue Funds account in the Department of Health and Human Services, Food Supplement Administration program. Any allowable portion of money, as determined pursuant to federal law, recovered by the department as a result of the overpayment of SNAP benefits must be deposited into the Other Special Revenue Funds, Food Supplement Administration account. [PL 2021, c. 398, Pt. OO, §9 (AMD).]

12. Penalty. The unauthorized issuance, redemption, use, transfer, acquisition, alteration or possession of coupons or other program access device, including an electronic benefits transfer card, may subject an individual, partnership, corporation or other legal entity to prosecution by the State in accordance with Sections 15 (b) and 15 (c) of the federal Food Stamp Act of 1977 and the federal Food and Nutrition Act of 2008. Penalties are in accordance with those outlined in federal law or regulations. A person who knowingly engages in trafficking in benefits as defined by 7 Code of Federal Regulations, Section 271 .2 commits a Class D crime. [PL 2011, c. 687, §10 (AMD).]

13. Categorical eligibility. The department shall adopt rules that maximize access to the Supplemental Nutrition Assistance Program for households in which there is a child who would be a dependent child under the Temporary Assistance for Needy Families program but that do not receive a monthly cash assistance grant from the Temporary Assistance for Needy Families program. Under rules adopted pursuant to this subsection, certain of these families must be authorized to receive referral services provided through the Temporary Assistance for Needy Families block grant and be categorically eligible for the Supplemental Nutrition Assistance Program in accordance with federal law. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 398, Pt. OO, §10 (AMD).]

14. Prohibition against denial of assistance based on drug conviction. A person who is otherwise eligible to receive food assistance under the federal Food Stamp Act of 1977, 7 United States Code, Sections 2011 to 2036 and under the federal Food and Nutrition Act of 2008 may not be denied assistance because the person has been convicted of a drug-related felony as described in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, Section 115, 110 Stat. 2105. [PL 2009, c. 291, §2 (AMD).]

15. Certain felons convicted of violent crimes and sexual assault ineligible. An individual who is convicted in any jurisdiction on or after January 1, 2018 under federal or state law of aggravated sexual abuse under 18 United States Code, Section 2241; murder under 18 United States Code, Section 1111; an offense under 18 United States Code, Chapter 110; a federal or state offense involving sexual assault, as defined in Section 40002(a) of the federal Violence Against Women Act of 1994, 42 United States Code, Section 13925(a); or an offense under a law of this State that is substantially similar to a federal offense described in this subsection and who is not in compliance with the terms of the individual's sentence, parole or probation or is a fleeing felon is ineligible to receive food assistance through the Supplemental Nutrition Assistance Program. [PL 2021, c. 398, Pt. OO, §11 (AMD).]

16. Certain lottery and gambling winners ineligible. A household receiving food assistance through the Supplemental Nutrition Assistance Program may be denied food assistance as described in this subsection. A. Gross lottery and gambling winnings equal to or greater than the maximum allowable financial resource limit for elderly or disabled households, as provided in federal regulations governing SNAP, won in a single game disqualifies the household from receiving food assistance through the Supplemental Nutrition Assistance Program until financial eligibility guidelines set forth in department rule are met. [PL 2023, c. 501, §1 (AMD).] B. The department shall enter into an agreement with the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, pursuant to which the bureau shall provide the department with reports no less than monthly to assist the department in determining whether a recipient of SNAP benefits has received lottery and gambling winnings equal to or greater than the maximum allowable financial resource limit for elderly or disabled households, as provided in federal regulations governing SNAP. [PL 2023, c. 501, §1 (AMD).] [PL 2023, c. 501, §1 (AMD).]

17. Preenrollment for persons released from a correctional facility. The department shall apply for and implement a waiver pursuant to 7 Code of Federal Regulations, Part 273 to promote streamlined and timely access to SNAP benefits for a person who is being released from incarceration. The waiver must: A. Serve a person who is incarcerated in any state or county correctional facility and who, upon the person's release, is not entering a household that is receiving SNAP benefits; [PL 2021, c. 398, Pt. OO, §13 (AMD).] B. Permit a person described in paragraph A to submit an application for SNAP benefits sufficiently in advance of the person's release date to ensure the availability of benefits on that date; and [PL 2021, c. 398, Pt. OO, §13 (AMD).] C. Establish that the release date of a person described in paragraph A is the first day the person is eligible for SNAP benefits. [PL 2021, c. 398, Pt. OO, §13 (AMD).] [PL 2021, c. 398, Pt. OO, §13 (AMD).]
22 M.R.S. § 8552 — ME Code / Title 22 / Subtitle 6 / Chapter 1678 / Section 8552
22 §8552. Alzheimer special care program disclosure
Status: in_force

1. Disclosure required. An entity that offers to provide or provides care for individuals with Alzheimer's disease or a related disorder through an Alzheimer special care program shall disclose the form of care or treatment it provides that distinguishes it as being especially applicable to or suitable for those individuals. The disclosure must be made to the department and to any individual seeking placement within an Alzheimer special care program or the individual's guardian or other responsible party. The department shall examine and verify the accuracy of all disclosures as part of an entity's license renewal procedure. [PL 1995, c. 205, §1 (NEW).]

2. Disclosure content. The disclosure required under subsection 1 must explain the additional care provided in the Alzheimer special care program and include at a minimum: A. The program's written statement of its philosophy and mission that reflect the needs of individuals with dementia; [PL 2009, c. 299, Pt. A, §5 (AMD).] B. The process and criteria for placement in, or transfer or discharge from the program; [PL 1995, c. 205, §1 (NEW).] C. The process used for the assessment and establishment of a plan of care and its implementation, including the methods by which the plan of care evolves and remains responsive to changes in an individual's condition; [PL 1995, c. 205, §1 (NEW).] D. The program's staff training and continuing education practices; [PL 1995, c. 205, §1 (NEW).] E. Documentation of the program's physical environment and design features appropriate to support the functioning of cognitively impaired adult individuals; [PL 1995, c. 205, §1 (NEW).] F. The frequency and types of individuals' activities provided by the program; [PL 1995, c. 205, §1 (NEW).] G. A description of family involvement and the availability of family support programs; [PL 1995, c. 205, §1 (NEW).] H. An itemization of the costs of care and any additional fees; and [PL 1995, c. 205, §1 (NEW).] I. A description of security measures provided by the facility. [PL 1995, c. 205, §1 (NEW).] [PL 2009, c. 299, Pt. A, §5 (AMD).]
22 M.R.S. § 7805 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7805
22 §7805. Tribally licensed facilities
Status: in_force

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 federally recognized Indian tribe in this State pursuant to that Act. [PL 1999, c. 392, §3 (RPR).]
22 M.R.S. § 3931 — ME Code / Title 22 / Subtitle 3 / Chapter 1065 / Section 3931
22 §3931. First 4 ME Early Care and Education Program
Status: in_force

1. Program established. The First 4 ME Early Care and Education Program is established under the department to provide funding to projects in order to achieve efficiencies, create opportunities and improve social, emotional, educational and health outcomes for children under 6 years of age and the children's families through the provision of comprehensive, high-quality early child care and education by funding a holistic, whole family approach that integrates comprehensive resources and services into traditional child care center and family child care settings that improve outcomes for children, families and early childhood educators. [PL 2021, c. 457, §2 (NEW).]

2. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "At risk" means, with regard to a person, that the person is a member of an economically disadvantaged family, a recipient or former recipient of services under the child protection or child welfare system of the State, in foster care, homeless, a member of a family exposed to substance use disorder, identified as having special needs, identified as having a physical or mental disability or identified as having limited English proficiency. [PL 2021, c. 457, §2 (NEW).] B. "Child" means a person under 6 years of age who has not entered kindergarten. [PL 2021, c. 457, §2 (NEW).] C. "Child care center" has the same meaning as in section 8301‑A, subsection 1‑A, paragraph A . [PL 2021, c. 457, §2 (NEW).] D. "Community" means a geographical area represented by a community coalition and served or to be served by a project. [PL 2021, c. 457, §2 (NEW).] E. "Community coach" means an employee of or contractor with a community contractor who is trained under subsection 11 and performs administrative functions in carrying out the duties of a project. [PL 2021, c. 457, §2 (NEW).] F. "Community coalition" means a group of stakeholders, service providers or other members within a community under subsection 7 that sponsors and collaborates in the implementation and administration of a project. [PL 2021, c. 457, §2 (NEW).] G. "Community contractor" means a nonprofit organization that is the applicant and responsible lead member of a community coalition for a project. [PL 2021, c. 457, §2 (NEW).] H. "Community provider" means a child care center, family child care provider or other service provider that has entered into a contract with a community contractor to provide services as part of a project. [PL 2021, c. 457, §2 (NEW).] I. "Comprehensive, high-quality early child care and education" means supportive, intergenerational, age-appropriate, research-based interaction and teaching practices provided by a licensed provider of child care under section 8301‑A that focus on all domains of learning, and includes embedded professional development, family engagement in a child's learning and progress toward family goals, using data to inform teaching practices and a holistic approach to a child's physical, mental and dental health. [PL 2021, c. 457, §2 (NEW).] J. "Economically disadvantaged" means having a family income not exceeding 185% of the federal poverty level as defined in section 3762, subsection 1, paragraph C . [PL 2021, c. 457, §2 (NEW).] K. "Embedded professional development" means an activity performed by a community coach to encourage rule-specific knowledge, skills and dispositions to support responsive caregiving and developmentally appropriate teaching practices implemented for learning that is integrated into the work day, consists of assessing and finding solutions for authentic and immediate problems of practice as part of a cycle of continuous improvement and is grounded in day-to-day teaching practice designed to enhance a teacher's or caregiver's practices with the intent of improving children's social, emotional and cognitive development. [PL 2021, c. 457, §2 (NEW).] L. "Family" means a child, the child's parent and all people living in the household of the child who are supported by the income of the child's parent and related to the child or child's parent by blood, marriage or adoption. [PL 2021, c. 457, §2 (NEW).] M. "Family child care provider" has the same meaning as in section 8301‑A, subsection 1‑A, paragraph C . [PL 2021, c. 457, §2 (NEW).] N. "Homeless" has the same meaning as in the federal McKinney-Vento Homeless Assistance Act, 42 United States Code, Section 11302. [PL 2021, c. 457, §2 (NEW).] O. "Home visitor" means a person who provides services to a participant in the participant's home. [PL 2021, c. 457, §2 (NEW).] P. "Home visitor services" means interactions between a home visitor and a parent that on the part of the home visitor are nurturing, responsive and intentional and that support the parent in the parent's role as the primary teacher of the parent's child and assist the parent in using the parent's home and the community as the child's learning environment. [PL 2021, c. 457, §2 (NEW).] Q. "Parent" means the parent or parents of a child or the child's legal guardian, primary or authorized caregiver or foster parent or a person with whom the child has been placed for purposes of adoption pending a final adoption decree. [PL 2021, c. 457, §2 (NEW).] R. "Participant" means an eligible child under subsection 5 who has been accepted to participate in a project. [PL 2021, c. 457, §2 (NEW).] S. "Program" means the First 4 ME Early Care and Education Program established under subsection 1 . [PL 2021, c. 457, §2 (NEW).] T. "Project" means the program as implemented in a community by a community contractor. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

3. Application requirements. A community contactor shall submit an application for approval by the department to establish a project. An application for a project must include: A. Sponsorship by a community coalition under subsection 7 ; [PL 2021, c. 457, §2 (NEW).] B. A provision for enrollment of an eligible person under subsection 5 who resides within the community of the community coalition under paragraph A ; [PL 2021, c. 457, §2 (NEW).] C. An assessment evaluating data on and the demographics of the community of the community coalition under paragraph A to determine the needs of the population of eligible persons in the community regarding care, health care and education, the resources available in the community to address those needs and the ability of the project to address those needs using the project components under subsection 4 ; [PL 2021, c. 457, §2 (NEW).] D. An action plan based upon the assessment in paragraph C that states objectives, goals and intended outcomes and responds to the needs of the community using the available resources and incorporating the project components under subsection 4 ; and [PL 2021, c. 457, §2 (NEW).] E. A proposed 3-year budget to implement the action plan under paragraph D and operate the project. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

4. Project components. Project components must include the following: A. Service delivery as provided by: (1) A child care center or family child care provider, for at least 48 weeks per year, 5 days per week excluding state holidays, available 10 hours per day and with up to 10 days of staff training; or (2) Home visitor services, including group socialization activities that include a child and the child's parent, for at least 48 weeks per year. Services must focus on the parent-child relationship and be culturally and linguistically responsive. A participant may receive service delivery under subparagraph (1) or (2) or both. [PL 2021, c. 457, §2 (NEW).] B. Screening and ongoing child assessments conducted in a manner that is responsive to a child's home language and culture. Screening must include an initial assessment of developmental, behavioral, motor, language, cognitive and social and emotional skills to identify a delay in development in a child's skills or identify a disability that may require further evaluation. Ongoing assessment must monitor a child's development and progress toward individual goals with input from the child's family to determine a child's strengths and needs and possible adjustment of child care center and family child care provider teaching practices and home visit strategies and to support a referral to the Child Development Services System under Title 20‑A, section 7209, subsection 3 when necessary; [PL 2021, c. 457, §2 (NEW).] C. Specialized support for participants, including for cultural and linguistic needs and for children with diagnosed or who have physical or mental disabilities or developmental delays. Support may include access to and participation in learning and social experiences and activities; [PL 2021, c. 457, §2 (NEW).] D. Family engagement practiced at all levels of the project, focusing on culturally and linguistically responsive relationship building within the family, including: (1) Communicating effectively with members of a family; (2) Forming positive goal-focused relationships with members of a family; (3) Involving a parent in decision making, teaching practices, including screening, assessment and planning for interactions and learning environments, and implementing project services; (4) Ensuring consistency between a child's home and comprehensive, high-quality early child care and education; and (5) Ensuring project practices are responsive to a family's needs, including providing connections to employment and education supports; [PL 2021, c. 457, §2 (NEW).] E. Support for a child's immunization and preventive health and dental care by providing encouragement for a parent to comply with the department's early periodic screening, diagnosis and treatment program under section 3173 ; and [PL 2021, c. 457, §2 (NEW).] F. Transportation options to assist a family to travel to or from health care, child care or education services. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

5. Participant eligibility. A participant in a project must be a child who is at risk and: A. Who is receiving care in a facility licensed under section 8301‑A ; or [PL 2021, c. 457, §2 (NEW).] B. Whose parent requests home visitor services. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

6. Suspension; expulsion. In accordance with rules issued by the department, if a child's behavior threatens the health or safety of a participant, project staff member or other person, a project must follow the suspension and expulsion procedures under 45 Code of Federal Regulations, Section 1302.17. [PL 2021, c. 457, §2 (NEW).]

7. Community coalition; membership. A community coalition shall assist and support a community contractor in sponsoring, developing and submitting a project application under subsection 3 , including a community assessment and supporting comprehensive, high-quality early child care and education in the community. Membership of a community coalition must include the community contractor, who is the lead member of the community coalition, and at least one: A. Representative of the local business community; [PL 2021, c. 457, §2 (NEW).] B. Child care center; [PL 2021, c. 457, §2 (NEW).] C. Family child care provider; [PL 2021, c. 457, §2 (NEW).] D. Parent of a child using early childhood services; [PL 2021, c. 457, §2 (NEW).] E. Home visitor; [PL 2021, c. 457, §2 (NEW).] F. Mental health care provider; [PL 2021, c. 457, §2 (NEW).] G. Public school administrator; [PL 2021, c. 457, §2 (NEW).] H. Health care provider; [PL 2021, c. 457, §2 (NEW).] I. Representative of an organization that supports workforce development; [PL 2021, c. 457, §2 (NEW).] J. Provider of services under the federal Individuals with Disabilities Education Act, Part B or Part C; [PL 2021, c. 457, §2 (NEW).] K. Provider of professional development to early child care and education professionals; and [PL 2021, c. 457, §2 (NEW).] L. If available in the community, a faculty member of a career and technical center or higher education institution specializing in early childhood. [PL 2021, c. 457, §2 (NEW).] A member of a community coalition must be located or operate within the community represented by the community coalition. A community coalition may include a local government staff member or a representative of an agency that provides services to or a local judicial staff member who has engaged with an at-risk population, a library or local literacy program staff member, an elementary school teacher, a representative of adult education or other similar member of the community. [PL 2021, c. 457, §2 (NEW).]

8. Community contractor. A community contractor shall have adequate infrastructure and qualified and credentialed staff to carry out the duties under this subsection. Duties of a community contractor include: A. Representing and being the responsible member for the community coalition; [PL 2021, c. 457, §2 (NEW).] B. Submitting an application under subsection 3 ; [PL 2021, c. 457, §2 (NEW).] C. Being the lead member and coordinator of a community coalition and the coalition's activities; [PL 2021, c. 457, §2 (NEW).] D. Contracting for and ensuring implementation of high-quality services with community providers; [PL 2021, c. 457, §2 (NEW).] E. Employing or contracting for all required services; [PL 2021, c. 457, §2 (NEW).] F. Implementing and maintaining a data system to collect and report aggregate data regarding child, family and provider information, activities and outcomes; and [PL 2021, c. 457, §2 (NEW).] G. Participating in a collective, Internet-based system that captures data from all project locations in a manner that protects the confidentiality of information of participants. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

9. Community contractor staff requirements. Community contractor staff requirements include: A. For education services supporting a child care center or family child care provider, a bachelor's degree or advanced degree in early childhood education or a related field with equivalent course work and experience in early childhood development; [PL 2021, c. 457, §2 (NEW).] B. For health-related services supporting a child care center or family child care provider, training and experience in public health, nursing, health education, maternal and child health or health administration and: (1) If the staff member performs a health care procedure or provides health care services, licensure or certification authorizing the member to perform the procedure or provide the service; (2) If the staff member provides nutrition services, licensure, registration or certification as a dietitian or nutritionist; and (3) If the staff member provides mental health services, licensure or certification as a mental health professional and experience in serving young children and families; [PL 2021, c. 457, §2 (NEW).] C. For family and community partnership services, training and experience in a field related to social, human or family services; [PL 2021, c. 457, §2 (NEW).] D. For disability services, a bachelor's degree and training and experience in securing and individualizing services for children with physical and mental disabilities; and [PL 2021, c. 457, §2 (NEW).] E. For home visitors, a bachelor's degree in human services or a related field and experience in the provision of home visitor services and knowledge of infant and child development. [PL 2021, c. 457, §2 (NEW).] A staff member, including a community coach under subsection 11 , may be an employee of the community contractor or another person who contracts with the community contractor to provide services under this subsection. [PL 2021, c. 457, §2 (NEW).]

10. Community provider. A community provider: A. Shall enter into a contract with a community contractor to provide services to a project; [PL 2021, c. 457, §2 (NEW).] B. Must be in good standing with the department's division of licensing and certification; [PL 2021, c. 457, §2 (NEW).] C. Shall agree to meet the highest level of requirements for the department's quality rating system established pursuant to section 3737, subsection 3 ; and [PL 2021, c. 457, §2 (NEW).] D. Shall agree to provide the community contractor with data on a participant or provider consented to under subsection 12 as requested by the contractor. [PL 2021, c. 457, §2 (NEW).] [PL 2021, c. 457, §2 (NEW).]

11. Community coach. The community contractor shall employ or contract with a community coach to provide information and training to a community provider. A community coach must receive training from a research-based early childhood program with experience in a comprehensive, high-quality early child care and education program. [PL 2021, c. 457, §2 (NEW).]

12. Consent to data. A community provider or community contractor may not use personally identifying data derived from services provided to a participant without the consent of a participant's parent. A community provider or community contractor may not use the personally identifying data derived from services provided to the family of a participant without the consent of the parent. [PL 2021, c. 457, §2 (NEW).]

13. Funding. The department shall seek and apply for available federal funds or funds from any other sources to pay the costs of projects. To the maximum extent possible, the department shall use state funds received for the projects to maximize its receipt of federal funds to be used for the projects. A community coalition may accept grant funding or other funding as appropriate from the Federal Government, a department, agency or office of State Government or a political subdivision of State Government or a private entity such as an individual, foundation or business. [PL 2021, c. 457, §2 (NEW).]

14. Administration. The department may design program implementation in consultation with an independent evaluator that has experience or expertise in early care and education. In determining program outcomes and measures, the department shall craft guidelines to ensure the development of a common set of measures of core elements of evidence-based practices. Outcome data must include reports on specific subpopulations of children, including by gender, race, disability and dual language learners. The department and the Children's Cabinet established in Title 5, section 19131 shall facilitate data linkages relating to outcome data with the Department of Education to measure ongoing school outcome data. [PL 2021, c. 457, §2 (NEW).]

15. Rules. The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 567, §2 (AMD).]
22 M.R.S. § 1714-C — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1714-C
22 §1714-C. Critical access hospital staff enhancement reimbursement
Status: in_force

From April 1, 2011 to December 31, 2024, the department shall reimburse critical access hospitals from the total allocated from hospital tax revenues under Title 36, chapter 377 at least $1,000,000 in state and federal funds to be distributed annually among critical access hospitals for staff enhancement payments. [PL 2023, c. 643, Pt. LL, §1 (AMD).]
22 M.R.S. § 1316-A — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1316-A
22 §1316-A. Restrictions on lead-containing children's products
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Child" means a person under 12 years of age. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] B. "Child care article" means a product designed or intended by the manufacturer to facilitate the sleep, relaxation or feeding of children or to help children with sucking or teething. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] C. "Children's jewelry" means jewelry that is made for, marketed for use by or marketed to a child and that is: (1) Represented by its packaging, display, distribution or advertising as appropriate for use by children; (2) Sold in conjunction with, attached to or packaged together with other products that are packaged, displayed or advertised as appropriate for use by children; (3) Sized for children and not intended for use by adults; (4) Sold in a vending machine; or (5) Sold in a retail store, catalog or website, or in a defined area of that store, catalog or website, in which a person exclusively offers for sale products that are packaged, displayed or advertised as appropriate for use by children. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] D. "Children's lunch box" means a fabricated container marketed or intended for use to carry food or drink for consumption by a child. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] E. "Children's product" means a product that is marketed for use by a child or the use of which by a child is foreseeable, including but not limited to a toy, child care article, children's lunch box or children's jewelry. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] F. "Lead-containing children's product" means a children's product that: (1) Contains lead in the aggregate, excluding lead in a paint or surface coating, at more than .009% of the total weight or is made with a product component containing lead at more than .009% of the total weight of the product component, except that if the product or product component lead level is preempted by federal law then the federal standard for lead level governs; or (2) Is coated with a paint or surface coating with a lead content that exceeds the Consumer Product Safety Commission safety rule as established in 16 Code of Federal Regulations, Part 1303, as amended. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] G. "Toy" means a product designed and made for the amusement of a child or for the child's use in play. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).]

2. Restriction. Beginning July 1, 2009, a person may not manufacture, or knowingly sell, distribute or offer for sale or distribution, a lead-containing children's product except as provided in subsection 3 . [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).]

3. Exception. The restrictions imposed in subsection 2 do not apply to consumer electronic products in which the lead-containing component is inaccessible to children, including but not limited to electronic toys, personal computers, audio and video equipment, calculators, wireless telephones, game consoles, hand-held electronic and electrical devices that incorporate a video screen used to access interactive software, and their related devices and products that comply with the provisions of directive 2002/95/EC of the European Union as adopted by the European Parliament and the Council of the European Union. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).]

4. Enforcement. This section may be enforced in a civil action brought by the Attorney General under the Maine Unfair Trade Practices Act, except that the following provisions apply as penalties for violations of this section. A. For the first violation by a manufacturer a warning must be given instead of an enforcement by the Attorney General if the employer has the equivalent of 25 or fewer full-time, year-round employees. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] B. For all other violations the following provisions apply as penalties for violations of this section. (1) For the first violation of this section, the penalty is not more than $100 per children's product manufactured, sold, distributed or offered for sale or distribution, with the total penalty not to exceed $5,000. (2) For a 2nd violation of this section, the penalty is not more than $500 per children's product manufactured, sold, distributed or offered for sale or distribution, with the total penalty not to exceed $25,000. (3) For a 3rd or subsequent violation of this section, the penalty is not more than $1,000 per children's product manufactured, sold, distributed or offered for sale or distribution, with the total penalty not to exceed $50,000. (4) A penalty under this section may be waived by the court if it is determined that the person in good faith and with due diligence attempted to comply with the requirements of this section and promptly corrected after discovery any noncompliance with this section. [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).] [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).]

5. Lead Poisoning Prevention Fund. Penalties collected under this section must be paid to the Lead Poisoning Prevention Fund established pursuant to section 1322‑E . [PL 2007, c. 604, §1 (NEW); PL 2007, c. 604, §3 (AFF).]
22 M.R.S. § 4259 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4259
22 §4259. Powers and duties of interstate commission - Article 9 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 22, §4264, sub-§2)

The interstate commission has the following powers: [PL 2007, c. 255, §6 (NEW).]

1. Rules. To adopt rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact; [PL 2007, c. 255, §6 (NEW).]

2. Dispute resolution. To provide for dispute resolution among member states; [PL 2007, c. 255, §6 (NEW).]

3. Advisory opinions. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact and its bylaws, rules or actions; [PL 2007, c. 255, §6 (NEW).]

4. Enforce compliance. To enforce compliance with this compact or the bylaws or rules of the interstate commission pursuant to section 4262 ; [PL 2007, c. 255, §6 (NEW).]

5. Collect data. To collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules, which must specify the data to be collected, the means of collection and data exchange and reporting requirements; [PL 2007, c. 255, §6 (NEW).]

6. Maintain offices. To establish and maintain offices as may be necessary for the transacting of its business; [PL 2007, c. 255, §6 (NEW).]

7. Purchase insurance. To purchase and maintain insurance and bonds; [PL 2007, c. 255, §6 (NEW).]

8. Personnel. To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies and rates of compensation; [PL 2007, c. 255, §6 (NEW).]

9. Establish committees. To establish and appoint committees and officers, including, but not limited to, an executive committee, as required by section 4260 ; [PL 2007, c. 255, §6 (NEW).]

10. Accept money; supplies; services. To accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of donations, money, equipment, supplies, materials and services; [PL 2007, c. 255, §6 (NEW).]

11. Property. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed; [PL 2007, c. 255, §6 (NEW).]

12. Dispose of property. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2007, c. 255, §6 (NEW).]

13. Budget. To establish a budget and make expenditures; [PL 2007, c. 255, §6 (NEW).]

14. Seal; bylaws. To adopt a seal and bylaws governing the management and operation of the interstate commission; [PL 2007, c. 255, §6 (NEW).]

15. Report. To report annually to the legislatures, governors, the judiciaries and state advisory councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports must also include any recommendations that may have been adopted by the interstate commission; [PL 2007, c. 255, §6 (NEW).]

16. Education; training; public awareness. To coordinate and provide education, training and public awareness regarding the interstate movement of children for officials involved in such activity; [PL 2007, c. 255, §6 (NEW).]

17. Books; records. To maintain books and records in accordance with the bylaws of the interstate commission; and [PL 2007, c. 255, §6 (NEW).]

18. Achieve purposes of compact. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 2023 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2023
22 §2023. Rules and regulations
Status: in_force

The department shall prescribe and publish rules and regulations for medical laboratories. These rules and regulations shall relate to: [PL 1993, c. 600, Pt. B, §8 (AMD).]

1. Qualifications of directors and technical personnel. The qualifications of directors and technical personnel of medical laboratories; [PL 1987, c. 211, §6 (AMD).]

2. Location and construction of laboratory. The location and construction of the laboratory, including plumbing, heating, lighting, ventilation, electrical services and similar conditions which shall insure the conduct and operation of the laboratory in a manner which will protect the public health; [PL 1975, c. 218 (RPR).]

3. Sanitary conditions. All sanitary conditions within the laboratory and its surroundings, including water supply, sewage, the handling of specimens and general hygiene which shall ensure the protection of the public health; [PL 1989, c. 72, §3 (AMD).]

4. Equipment. Equipment essential in the opinion of the department to proper conduct and operation of a medical laboratory; and [PL 1993, c. 600, Pt. B, §9 (AMD).]

5. Standards of performance. Standards of performance essential to the achievement of accurate, reliable results and the protection of public health, including standards for maternal serum alpha-fetoprotein testing, covering, at a minimum, volume of testing, population-based reference data, adjustment for variables affecting interpretation of results, confirmatory analyses, reports, review and follow-up and procedures to ensure that patients and physicians are provided adequate and reliable follow-up testing and counseling services and that the department is provided with data on test results and pregnancy outcomes. [PL 1989, c. 72, §4 (NEW).]
22 M.R.S. § 3275 — ME Code / Title 22 / Subtitle 3 / Chapter 855-D / Section 3275
22 §3275. Applicability of chapter
Status: in_force

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 supplemental income program is transferred to the secretary, these provisions shall no longer apply to such portion of the state supplemental income program. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 2146 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2146
22 §2146. Fees
Status: in_force

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 of reducing the costs of carrying out this chapter. [PL 1995, c. 620, §2 (AMD).]
22 M.R.S. § 2072 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2072
22 §2072. Agreement of the State
Status: in_force

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 hereby vested in the authority and the participating health care facilities, the participating institutions for higher education and the participating institutions providing an educational program to acquire, construct, reconstruct, maintain and operate a project as defined in this chapter or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the project and to fulfill the terms of any agreements made with the holders of bonds, notes or other obligations authorized and issued by this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, or in any way impair the rights or remedies of the holders of such bonds, notes or other obligations of such parties until the bonds, notes and such other obligations, together with interest on the bonds, notes and other obligations, with interest on any unpaid installment of interest and all costs and expenses in connection with an action or proceeding by or on behalf of the bondholders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this chapter precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes or other obligations of the authority or those entering into such contracts with the authority. The authority is authorized to include this pledge and undertaking for the State in such bonds, notes or other obligations or contracts. [PL 2007, c. 354, §24 (AMD).]
22 M.R.S. § 2847 — ME Code / Title 22 / Subtitle 2 / Chapter 707 / Section 2847
22 §2847. Electronic death registration system
Status: in_force

A person authorized to complete or file a certificate of death pursuant to section 2842 shall use the electronic death registration system maintained by the State Registrar of Vital Statistics. This section does not apply to an authorized person under section 2846 . The State Registrar of Vital Statistics shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 37, §1 (AMD); PL 2017, c. 37, §2 (AFF).]
22 M.R.S. § 17 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 17
22 §17. Access to financial records of deposit accounts of individuals who owe overdue child support
Status: in_force

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Depositor" has the same meaning as used in Title 9‑B , and includes "share account holders" of credit unions. [PL 1995, c. 419, §28 (NEW).] B. "Financial institution" means a trust company, savings bank, industrial bank, commercial bank, savings and loan association or credit union organized under the laws of this State or otherwise authorized to do business in this State. [PL 1995, c. 419, §28 (NEW).] C. "Match" means an automated comparison by name and social security number of a list of obligors provided to a financial institution by the department and a list of depositors of any financial institution. [PL 1995, c. 419, §28 (NEW).] D. "Obligor" means a person who owes overdue support. [PL 1995, c. 419, §28 (NEW).] E. "Overdue support" means a debt of $500 or more for maintenance and support of a child or children that has been owed for a least 60 days, if the obligor had prior notice of the debt and a prior opportunity to contest the amount owed. "Overdue support" includes spousal support or alimony being collected in conjunction with child support. [PL 1995, c. 419, §28 (NEW).] [PL 1995, c. 419, §28 (NEW).]

2. Computer match. Upon written request from the commissioner to a financial institution in this State with the technological capacity to perform a match, the financial institution shall perform a match using the list of obligors' social security numbers provided by the department. The department is responsible for making its computer data compatible with the data of the financial institution with which a match is sought. The department's data, at a minimum, must include the full name and social security number of and the amount of overdue support owed by each obligor. The department may not request a financial institution to perform a match under this section more often than once every calendar quarter. [PL 1997, c. 537, §53 (AMD); PL 1997, c. 537, §62 (AFF).]

3. Compilation of match list. After completing a match requested by the department under subsection 2 , a financial institution shall compile for the department a list of those depositors whose social security numbers match the list of social security numbers of obligors provided by the department. The list must contain the following information, if available to the financial institution through its matching procedure, for each account identified: A. The obligor's full name; [PL 1995, c. 419, §28 (NEW).] B. The obligor's social security number; [PL 1995, c. 419, §28 (NEW).] C. The financial institution account number; and [PL 1995, c. 419, §28 (NEW).] D. The amount of deposits contained in the account, if available. [PL 1995, c. 419, §28 (NEW).] [PL 1995, c. 419, §28 (NEW).]

4. Notice to department. A financial institution that has compiled a match list under subsection 3 shall send the list to the department at the address designated by the department. [PL 1995, c. 419, §28 (NEW).]

5. Notice to customer. The financial institution may not provide notice in any form to a depositor contained in a match list submitted to the department under subsection 4 . Failure to provide notice to a depositor does not constitute a violation of the financial institution's duty of good faith to its customers. [PL 1995, c. 419, §28 (NEW).]

6. Reasonable fee. To cover the costs of carrying out the requirements of this section, a financial institution may assess a reasonable fee to the department not to exceed the actual costs incurred by the financial institution. [PL 1995, c. 419, §28 (NEW).]

7. Confidentiality. The list of obligors, with their social security numbers and the amount of the overdue support provided by the department to a financial institution is confidential. The information may be used only for the purpose of carrying out the requirements of this section. Knowing or intentional use of the information, without authorization from the department, is a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. [PL 1995, c. 419, §28 (NEW).]

8. Immunity from liability; hold harmless. A financial institution is immune from any liability for its good faith actions to comply with this section. The department shall defend and hold harmless, including compensation for attorney's fees, a financial institution that acts in good faith to carry out the requirements of this section. [PL 1995, c. 419, §28 (NEW).]

9. Rulemaking. The department shall adopt rules to carry out this section. [PL 1995, c. 419, §28 (NEW).]

10. Repeal. [PL 1997, c. 537, §54 (RP); PL 1997, c. 537, §62 (AFF).]
22 M.R.S. § 1812-G — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-G
22 §1812-G. Maine Registry of Certified Nursing Assistants and Direct Care Workers
Status: in_force

1. Established. The Maine Registry of Certified Nursing Assistants and Direct Care Workers is established in compliance with federal and state requirements. The Department of Health and Human Services shall maintain the registry and make it accessible through a public website portal. [PL 2015, c. 196, §9 (AMD).]

1-A. Definitions. [PL 2015, c. 196, §9 (RP).]

1-B. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions. [PL 2015, c. 196, §9 (NEW).] B. "Certified nursing assistant" means an individual who has successfully completed an approved nursing assistant training program, holds a certificate of training and meets the eligibility requirements established by the State Board of Nursing for listing on the registry. [PL 2015, c. 196, §9 (NEW).] C. "Direct access" means access to the property, personally identifiable information, financial information or resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other individual served by a provider subject to this chapter. [PL 2015, c. 196, §9 (NEW).] D. "Direct care worker" means an individual who by virtue of employment generally provides to individuals direct contact assistance with personal care or activities of daily living or has direct access to provide care and services to clients, patients or residents regardless of setting. "Direct care worker" does not include a certified nursing assistant employed in that person's capacity as a certified nursing assistant. [PL 2015, c. 196, §9 (NEW).] E. "Disqualifying offense" means a substantiation for abuse, neglect or misappropriation of property, or a criminal conviction identified in rules adopted by the department that prohibits employment as a certified nursing assistant or a direct care worker in accordance with subsection 2‑C . [PL 2023, c. 241, §1 (AMD).] F. "Employer" means a person or licensed, certified or registered provider or other entity that employs certified nursing assistants and direct care workers to provide direct contact services in home, community or other health care or direct access settings. An individual who employs an unlicensed person to provide care for that individual is not an employer for the purposes of this section, except when required by rules adopted by the department. [PL 2023, c. 241, §2 (AMD).] G. "Health care or direct access setting" means a setting in which individuals receive services that require direct access by a certified nursing assistant or a direct care worker or other employee in providing care and related services. [PL 2015, c. 196, §9 (NEW).] G-1. "Immediate supervisor" means an individual who directly supervises a certified nursing assistant or a direct care worker at a personal care agency licensed under section 1717 . [PL 2023, c. 309, §21 (NEW).] H. "Misappropriation of property" means the deliberate misplacement, exploitation or wrongful, temporary or permanent use of a client's, patient's or resident's belongings or money without that person's consent. [PL 2015, c. 196, §9 (NEW).] I. "Neglect" means a threat to a person's health or welfare by failure to provide goods or services necessary to avoid physical or mental injury or impairment or the threat of injury or impairment. [PL 2015, c. 196, §9 (NEW).] J. "Nondisqualifying criminal conviction" means a criminal conviction identified in rules adopted by the department pursuant to subsection 18 that is included as a notation on the registry but does not prohibit employment as a certified nursing assistant. [PL 2023, c. 241, §3 (AMD).] K. [PL 2023, c. 241, §4 (RP).] L. "Registry" means the Maine Registry of Certified Nursing Assistants and Direct Care Workers established in subsection 1 , which identifies individuals qualified and eligible for employment as a certified nursing assistant and individuals who are not eligible for employment as a certified nursing assistant or direct care worker due to notations for disqualifying offenses. [PL 2023, c. 241, §5 (AMD).] M. "Substantiated finding" means an administrative determination made by the department after investigation of a complaint against a certified nursing assistant or a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident. [PL 2015, c. 196, §9 (NEW).] N. "Unsubstantiated finding" means an administrative determination made by the department after investigation of a complaint against a certified nursing assistant or a direct care worker that no evidence of abuse, neglect or misappropriation of property of a client, patient or resident was found to support a substantiated finding. [PL 2015, c. 196, §9 (NEW).] [PL 2023, c. 241, §§1-5 (AMD); PL 2023, c. 309, §21 (AMD).]

2. Contents. [PL 2015, c. 196, §9 (RP).]

2-A. Registry listing. All active certified nursing assistants employed in the State must be listed on the registry. The registry must contain a listing of certified nursing assistants, direct care workers and immediate supervisors that are ineligible for employment based on notations for disqualifying offenses. Direct care workers who may be listed on the registry include but are not limited to the following: A. Behavior specialists; [PL 2015, c. 196, §9 (NEW).] B. Behavioral health professionals; [PL 2015, c. 196, §9 (NEW).] C. Certified residential care aides; [PL 2015, c. 196, §9 (NEW).] D. Certified residential medication aides; [PL 2015, c. 196, §9 (NEW).] E. Direct support professionals; [PL 2015, c. 196, §9 (NEW).] F. Mental health rehabilitation technicians; [PL 2015, c. 196, §9 (NEW).] G. Mental health support specialists; [PL 2015, c. 196, §9 (NEW).] H. Other qualified mental health professionals; [PL 2015, c. 196, §9 (NEW).] I. Personal care attendants or personal support specialists; [PL 2023, c. 241, §6 (AMD).] J. Registered medical assistants; [PL 2015, c. 196, §9 (NEW).] K. Residential care specialists; [PL 2015, c. 196, §9 (NEW).] L. Community health workers; and [PL 2015, c. 196, §9 (NEW).] M. Other direct care workers described in rules adopted by the department pursuant to subsection 18 . [PL 2015, c. 196, §9 (NEW).] [PL 2023, c. 241, §6 (AMD); PL 2023, c. 309, §22 (AMD).]

2-B. Individual information. The registry must include information for each listed certified nursing assistant, direct care worker and immediate supervisor as required by rules adopted by the department pursuant to subsection 18 . [PL 2023, c. 309, §23 (AMD).]

2-C. Registry notations. The registry must include for a certified nursing assistant, a direct care worker and an immediate supervisor listed on the registry a notation of: A. Disqualifying criminal convictions; [PL 2025, c. 305, Pt. C, §1 (RPR).] B. Nondisqualifying criminal convictions, except that a notation is not required on the registry for Class D and Class E criminal convictions over 10 years old that did not involve as a victim of the act a patient, client or resident; and [PL 2025, c. 305, Pt. C, §1 (RPR).] C. Substantiated findings, including but not limited to the following information: (1) Documentation of an investigation of the certified nursing assistant, direct care worker or immediate supervisor, including the nature of the allegation and evidence supporting a determination that substantiates the allegation of abuse, neglect or misappropriation of property of a client, patient or resident; (2) Documentation of substantiated findings of abuse, neglect or misappropriation of property of a client, patient or resident; (3) If the certified nursing assistant, direct care worker or immediate supervisor appealed the substantiated finding, the date of the hearing; and (4) The statement of the certified nursing assistant, direct care worker or immediate supervisor disputing the allegation of abuse, neglect or misappropriation of property of a client, patient or resident if the certified nursing assistant, direct care worker or immediate supervisor submitted such a statement. [PL 2025, c. 305, Pt. C, §1 (RPR).] D. [PL 2025, c. 305, Pt. C, §1 (RP).] [PL 2025, c. 305, Pt. C, §1 (RPR).]

3. Eligibility requirements for listing; certified nursing assistant. The State Board of Nursing shall adopt rules pursuant to the Maine Administrative Procedure Act defining eligibility requirements for listing on the registry as a certified nursing assistant, including rules regarding temporary listing of nursing assistants who have received training in another jurisdiction. The rules must permit certified nursing assistants to work under the supervision of a registered professional nurse in a facility providing assisted housing services as defined in chapter 1664 and must recognize work in those facilities for the purpose of qualifying for and continuing listing on the registry. Rules adopted regarding the work of certified nursing assistants in facilities providing assisted housing services are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 196, §9 (AMD).]

3-A. Listing on the registry; direct care worker. The department shall adopt routine technical rules regarding listing direct care workers on the registry, including but not limited to the following: A. Direct care workers with disqualifying offenses must be listed on the registry; and [PL 2023, c. 241, §8 (RPR).] B. The notation for direct care workers listed on the registry for substantiated findings must include the following information: (1) Documentation of an investigation of a direct care worker, including the nature of the allegation and evidence supporting a determination that substantiates the allegation of abuse, neglect or misappropriation of property of a client, patient or resident; (2) Documentation of substantiated findings of abuse, neglect or misappropriation of property of a client, patient or resident; (3) If the direct care worker appealed the substantiated finding, the date of the hearing; and (4) The statement of the direct care worker disputing the allegation of abuse, neglect or misappropriation of property of a client, patient or resident if the direct care worker submitted such a statement. [PL 2023, c. 241, §8 (RPR).] [PL 2023, c. 241, §8 (RPR).]

3-B. Petition for removal of a substantiated finding of neglect or misappropriation of property. No sooner than 12 months after the date a substantiated finding of neglect or misappropriation of property is placed on the registry, a direct care worker may petition the department to remove the notation from the registry if the substantiated finding is a one-time occurrence and there is no pattern of neglect or misappropriation of property. [PL 2025, c. 305, Pt. C, §2 (AMD).]

4. Department verification of credentials and training. The department may verify the credentials and training of certified nursing assistants listed on the registry. [PL 2025, c. 305, Pt. C, §3 (RPR).]

4-A. Provider verification fee. The department may establish a provider verification fee not to exceed $25 annually 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 . [PL 2025, c. 305, Pt. C, §4 (RPR).]

5. Employment eligibility verification; certified nursing assistant. An employer, including a health care institution, facility or other organization that employs an individual as a certified nursing assistant, shall verify that the certified nursing assistant is listed as active and has no disqualifying notations on the registry. [PL 2015, c. 196, §9 (AMD).]

5-A. Employment eligibility verification; direct access worker. An employer, including a health care institution, facility or other organization that employs an individual as a direct access worker, shall verify that the direct access worker has no disqualifying offenses. [PL 2023, c. 241, §12 (AMD).]

6. Prohibited employment based on disqualifying offenses. An individual with a disqualifying offense, including a substantiated finding or a disqualifying criminal conviction, may not work as a certified nursing assistant, a direct care worker or an immediate supervisor, and an employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws. A. [PL 2015, c. 494, Pt. A, §16 (RP).] B. [PL 2015, c. 494, Pt. A, §16 (RP).] [PL 2025, c. 305, Pt. C, §5 (RPR).]

6-A. Background check. Certified nursing assistants, direct care workers and immediate supervisors are subject to a background check as defined by rules adopted by the department and according to the following: A. A training program for certified nursing assistants or direct care workers must secure or pay for a background check on each individual who applies for enrollment. The individual's current name and all previous names are subject to the background check. A copy of the background check is given to the individual who, upon successful completion of the training, submits it with an application to be listed on the registry as a certified nursing assistant or a registered direct care worker. (1) Prior to enrolling an individual, a training program for certified nursing assistants or direct care workers must notify individuals that a background check will be conducted and that certain disqualifying offenses, including criminal convictions, may prohibit an individual from working as a certified nursing assistant or a direct care worker. [PL 2025, c. 305, Pt. C, §6 (RPR).] B. Pursuant to sections 1717 , 1724 , 2137 , 2149‑A , 7706 , 8606 and 9005 and Title 34‑B, section 1225 , licensed, certified or registered providers shall secure and pay for a background check prior to hiring an individual who will work in direct contact with clients, patients or residents, including a certified nursing assistant, a direct care worker or an immediate supervisor. [PL 2025, c. 305, Pt. C, §6 (RPR).] C. The department may secure a background check on certified nursing assistants, registered direct care workers and immediate supervisors on the registry every 2 years. [PL 2025, c. 305, Pt. C, §6 (RPR).] D. A person or other legal entity that is not otherwise licensed by the department and that employs or places a certified nursing assistant or direct care worker to provide services allowing direct access shall secure and pay for a background check in accordance with state law and rules adopted by the department. [PL 2025, c. 305, Pt. C, §6 (RPR).] [PL 2025, c. 305, Pt. C, §6 (RPR).]

6-B. Convictions within previous 10 years; impact on employment eligibility. [PL 2025, c. 305, Pt. C, §7 (RP).]

6-C. Table of crimes. Department rules must include a table of crimes. Specific crimes listed on the table must be considered substantive offenses under Title 17‑A, Part 2 or crimes identified in federal or state law that prohibit employment of an individual subject to this chapter. Convictions of specific crimes must be categorized in the table of crimes as disqualifying criminal convictions or nondisqualifying criminal convictions. Convictions in other jurisdictions for similar crimes must be identified as disqualifying or nondisqualifying convictions. A. A disqualifying criminal conviction prohibits employment as a certified nursing assistant or a direct access worker. (1) An individual with a disqualifying criminal conviction is subject to an employment ban of 5, 10 or 30 years. The department shall adopt rules that specify disqualifying criminal convictions that prohibit employment for 5 years, disqualifying criminal convictions that prohibit employment for 10 years and disqualifying criminal convictions that prohibit employment for 30 years. [PL 2025, c. 305, Pt. C, §8 (RPR).] B. Nondisqualifying criminal convictions do not prohibit employment as a certified nursing assistant, a direct care worker or an immediate supervisor. [PL 2025, c. 305, Pt. C, §9 (RPR).] [PL 2025, c. 305, Pt. C, §§8, 9 (AMD).]

6-D. Petition for removal of an employment ban; criminal conviction. [PL 2025, c. 305, Pt. C, §10 (RP).]

7. Time limit on consideration of prior criminal conviction. [PL 2015, c. 196, §9 (RP).]

8. Exception; certified nursing assistant convictions prior to June 2, 2003. [PL 2023, c. 241, §19 (RP).]

9. Notification. [PL 2015, c. 196, §9 (RP).]

10. Complaint investigation. The department may investigate complaints and allegations against certified nursing assistants, direct care workers or immediate supervisors of abuse, neglect, exploitation or misappropriation of property of a client, patient or resident. [PL 2025, c. 305, Pt. C, §11 (RPR).]

11. Issue a decision. After an investigation under subsection 10 , the department shall issue a written decision that the allegation of abuse, neglect or misappropriation of property of a client, patient or resident is unsubstantiated or substantiated. Each allegation of abuse, neglect or misappropriation of property must be considered separately. A substantiated finding must be based on factors established by department rules. The written decision must include at least the following information: A. Whether the allegation is unsubstantiated or substantiated; [PL 2015, c. 196, §9 (NEW).] B. A description of the factors supporting a substantiated finding; [PL 2015, c. 196, §9 (NEW).] C. If a notation of a substantiated finding is entered on the registry; [PL 2015, c. 196, §9 (NEW).] D. A description of the employment prohibition, if any; and [PL 2015, c. 196, §9 (NEW).] E. Notice of the right to appeal the department’s decision pursuant to subsection 12 . [PL 2015, c. 196, §9 (NEW).] [PL 2023, c. 241, §21 (AMD).]

12. Right to hearing; appeal. In accordance with department rules, a certified nursing assistant, a registered direct care worker or an immediate supervisor may request an administrative hearing to appeal a substantiated finding under subsection 11 . [PL 2023, c. 309, §33 (AMD).]

13. Substantiated finding; lifetime employment ban. A certified nursing assistant, a registered direct care worker or an immediate supervisor with a notation of a substantiated finding on the registry is banned for life from employment as a certified nursing assistant, a direct care worker or an immediate supervisor. [PL 2025, c. 305, Pt. C, §12 (RPR).]

14. Registration requirements; direct care workers. [PL 2023, c. 241, §23 (RP).]

15. Department review of application; decision. [PL 2023, c. 241, §24 (RP).]

16. Renewal of registration. [PL 2023, c. 241, §25 (RP).]

17. Failure to renew registration prior to expiration. [PL 2023, c. 241, §26 (RP).]

18. Rules. The department shall adopt rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 196, §9 (NEW).]
22 M.R.S. § 2900-A — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2900-A
22 §2900-A. Natural organic reduction
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Natural organic reduction" has the same meaning as in section 2841‑A, subsection 1 . [PL 2023, c. 676, §19 (NEW).] B. "Natural organic reduction facility" has the same meaning as in section 2841‑A, subsection 2 . [PL 2023, c. 676, §19 (NEW).] [PL 2023, c. 676, §19 (NEW).]

2. Natural organic reduction permitted. A cemetery corporation operating within the State, after obtaining a license from the department and meeting the requirements of this section, may establish and maintain suitable buildings and appliances for subjecting the body of a deceased person to natural organic reduction and, in accordance with this section and the rules of the department, may subject the body to natural organic reduction and dispose of the remains of the body. [PL 2023, c. 676, §19 (NEW).]

3. Application for licensure. A cemetery corporation operating within the State seeking to establish a natural organic reduction facility shall submit the following information to the department in application for licensure: A. A list of the directors, employees and certificate holders of the cemetery corporation; [PL 2023, c. 676, §19 (NEW).] B. A certified survey of the site and location within the State the natural organic reduction facility will be situated; [PL 2023, c. 676, §19 (NEW).] C. A business plan for the operation of the natural organic reduction facility, including but not limited to the number of bodies expected to be subjected to natural organic reduction each year, the number of sites within the natural organic reduction facility for subjecting bodies to natural organic reduction and the manufacturing costs, capital costs, financing, anticipated number of employees and types of services provided and pricing of those services; [PL 2023, c. 676, §19 (NEW).] D. A description of any anticipated effect the natural organic reduction facility will have within the State; [PL 2023, c. 676, §19 (NEW).] E. Plans, designs and costs of any structures to be built or retrofitted for the natural organic reduction facility; and [PL 2023, c. 676, §19 (NEW).] F. A description of any approvals or permits required to build or retrofit the natural organic reduction facility required under state laws and local ordinances and documentation showing that the approvals or permits have been obtained. [PL 2023, c. 676, §19 (NEW).] Within 35 days of receiving an application pursuant to this subsection, the department may request any other information the department considers necessary. [PL 2023, c. 676, §19 (NEW).]

4. Timeline for processing application; notification of results. The department shall approve or deny an application for licensure submitted under subsection 3 within 90 days of receiving a complete application. The department shall provide, by registered or certified mail addressed to the cemetery corporation at its principal office, written notice of its determination to the cemetery corporation and, if the application is denied, the reasons for denying the application. [PL 2023, c. 676, §19 (NEW).]

5. Authority. A natural organic reduction facility licensed under this section may: A. Subject the body of a deceased person to natural organic reduction; [PL 2023, c. 676, §19 (NEW).] B. Meet with members of the public to arrange and provide for natural organic reduction; [PL 2023, c. 676, §19 (NEW).] C. Enter into contracts for the provision of disposition by natural organic reduction, except that the natural organic reduction facility may not enter into pre-need agreements under Title 13, section 1264 ; [PL 2023, c. 676, §19 (NEW).] D. Arrange, direct or perform the removal or transportation of the body of a deceased person; and [PL 2023, c. 676, §19 (NEW).] E. Secure and file all necessary certificates, permits, forms or other documents. [PL 2023, c. 676, §19 (NEW).] [PL 2023, c. 676, §19 (NEW).]

6. Certification required. An employee of a natural organic reduction facility who is responsible for the daily operations of natural organic reduction must be certified by the department within one year of the employee's beginning employment. Renewal of the employee's certification must occur every 5 years. [PL 2023, c. 676, §19 (NEW).]

7. Facility requirements. A natural organic reduction facility shall: A. Maintain the facility in a clean, orderly and sanitary manner; [PL 2023, c. 676, §19 (NEW).] B. Have adequate ventilation; [PL 2023, c. 676, §19 (NEW).] C. Have a temporary storage area to store the remains of human bodies that is not accessible to the general public; and [PL 2023, c. 676, §19 (NEW).] D. Structure the facility in a manner that protects privacy, including by having tightly closed and rigid doors, covered windows and locked and secured entrances. [PL 2023, c. 676, §19 (NEW).] [PL 2023, c. 676, §19 (NEW).]

8. Certificate from medical examiner or medicolegal death investigator. The body of a deceased person may not be subjected to natural organic reduction within 48 hours after death unless the person died of a contagious or infectious disease, and in no event may the body of a deceased person be subjected to natural organic reduction until the natural organic reduction facility in charge of the disposition has received a certificate from a duly appointed medical examiner or medicolegal death investigator appointed pursuant to section 3023‑A that the medical examiner or medicolegal death investigator has made personal inquiry into the cause and manner of death and is satisfied that further examination or judicial inquiry concerning the cause and manner of death is not necessary. This certificate, a certified copy of the death certificate and a burial transit permit, if necessary, when presented by the authorized person as defined in section 2846 is sufficient authority for the body to be subjected to natural organic reduction, and the natural organic reduction facility in charge of the disposition may not refuse to subject the body to natural organic reduction solely because these documents are presented by such an authorized person. The certificate must be retained for a period of 15 years by the natural organic reduction facility in charge of subjecting the body to natural organic reduction. For the certificate, the medical examiner must receive a fee of $25 payable by the person requesting the certificate. This fee may be waived at the discretion of the Chief Medical Examiner. [PL 2025, c. 390, Pt. A, §41 (AMD).]

9. Privacy of human remains. A natural organic reduction facility shall adopt policies to ensure that the privacy of human remains is respected. The facility shall restrict access to the storage area where human remains are stored or being subjected to natural organic reduction, except to an authorized person. For the purposes of this subsection, "authorized person" means: A. A licensed funeral director; [PL 2023, c. 676, §19 (NEW).] B. A student of the practice of funeral services; [PL 2023, c. 676, §19 (NEW).] C. Officers or trustees of the cemetery corporation operating the natural organic reduction facility; [PL 2023, c. 676, §19 (NEW).] D. Designated employees or agents of the natural organic reduction facility; [PL 2023, c. 676, §19 (NEW).] E. State or municipal employees acting within the scope of their duties; [PL 2023, c. 676, §19 (NEW).] F. Designated instructors of the practice of funeral services; [PL 2023, c. 676, §19 (NEW).] G. Licensed physicians or nurses; and [PL 2023, c. 676, §19 (NEW).] H. Members of the immediate family of the deceased person or their agents. [PL 2023, c. 676, §19 (NEW).] [PL 2023, c. 676, §19 (NEW).]

10. Statement regarding condition of body. The next of kin of the deceased person or other authorized person shall attest that the body of the deceased person does not contain a battery, battery pack, power cell, radioactive implant or radioactive device. [PL 2023, c. 676, §19 (NEW).]

11. Container requirements. Upon delivery to the natural organic reduction facility, the body of a deceased person must be in a container or wrapped in a manner sufficient to contain the body and fully decompose through natural organic reduction. If the container or wrappings are not able to be naturally organically reduced, the natural organic reduction facility shall timely notify the person making the funeral arrangements that the body of the deceased person will be transferred to an alternative container and the person making the funeral arrangements shall sign an acknowledgement that this timely notification was made. This record must be maintained by the natural organic reduction facility. The body of the deceased person may then be transferred to an alternative container by a licensed funeral director. [PL 2023, c. 676, §19 (NEW).]

12. Opening container prohibited; exceptions. The container or wrappings required in subsection 11 may not be opened or removed unless by a licensed funeral director in the presence of a witness if good cause exists to confirm the identity of the deceased person, to ensure that devices identified in subsection 10 are not present or upon reasonable demand by the person's next of kin or agent. If the container or wrappings are opened or removed, the natural organic reduction facility must document in its records the reason, the name of the person who authorized the opening of the container or removal of the wrappings, the name of the person who opened the container or removed the wrappings and the name of the witness. [PL 2023, c. 676, §19 (NEW).]

13. Multiple deceased persons. A natural organic reduction facility may not subject more than one deceased person's body to natural organic reduction in the same container at one time unless the facility receives explicit, signed authorization by the person making funeral arrangements. This record must be maintained by the natural organic reduction facility. [PL 2023, c. 676, §19 (NEW).]

14. Treatment of remains after natural organic reduction. Following the natural organic reduction of the body of a deceased person, a natural organic reduction facility: A. Shall thoroughly clean the interior of the container used for natural organic reduction; [PL 2023, c. 676, §19 (NEW).] B. Shall place the remains of the body in an individual container that is sufficient to hold the remains and does not contain other remains unless authorized pursuant to subsection 13 ; [PL 2023, c. 676, §19 (NEW).] C. Shall label the container of the remains of the body with the name of the deceased person whose body was subjected to natural organic reduction; [PL 2023, c. 676, §19 (NEW).] D. May use a magnet and sieve or other appropriate method to separate the human remains from any foreign material. The foreign material must be disposed of in accordance with department rules; and [PL 2023, c. 676, §19 (NEW).] E. Shall pulverize the remains of the body until no single fragment is recognizable as skeletal tissue. [PL 2023, c. 676, §19 (NEW).] [PL 2023, c. 676, §19 (NEW).]

15. Inspection. Upon inspection of a natural organic reduction facility, the department may require the facility to produce records of the facility's operation and maintenance, including authorizations for the disposition of bodies of deceased persons. [PL 2023, c. 676, §19 (NEW).]

16. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 676, §19 (NEW).]
22 M.R.S. § 340 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 340
22 §340. Reconsideration
Status: in_force

Any person directly affected by a review under this chapter may, for good cause shown, request in writing a hearing for the purpose of reconsideration of the decision of the department to issue or to deny a certificate of need. [PL 2001, c. 664, §2 (NEW).]

1. Timing for request. A request for hearing for reconsideration under this section must be received within 30 days of the department's decision. [PL 2001, c. 664, §2 (NEW).]

2. Hearing. If the department determines that good cause for a hearing under this section has been demonstrated, the department shall commence a hearing within 30 days of receipt of the request. For purposes of this section, a request for a hearing is considered to show good cause if it: A. Presents significant, relevant information not previously considered by the department; [PL 2001, c. 664, §2 (NEW).] B. Demonstrates that there have been significant changes in factors or circumstances relied upon by the department in reaching its decision; [PL 2001, c. 664, §2 (NEW).] C. Demonstrates that the department has materially failed to follow its adopted procedures in reaching its decision; or [PL 2001, c. 664, §2 (NEW).] D. Provides other bases for a hearing that the department has determined constitute good cause. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

3. Decision. A decision must be rendered within 60 days of the commencement of a hearing under this section, except that the parties may agree to a longer time period. [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 13 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 13
22 §13. Human Services Fraud Investigation Unit
Status: in_force

1. Establishment; composition. The Commissioner of Health and Human Services is authorized to create within the department a Human Services Fraud Investigation Unit, referred to in this section as the "unit." The commissioner is authorized to employ and assign to the unit such employees as the commissioner considers appropriate. [RR 2021, c. 2, Pt. B, §79 (COR).]

2. Purpose. The purpose of the unit shall be to investigate reported acts of fraud or attempted fraud or incidents of commingling or misapplication of funds in connection with, but not limited to, the requesting, obtaining, receiving, withholding, recording, reporting, expending or handling of funds administered by the department. The unit shall investigate such reported acts or incidents involving, but not limited to, recipients, providers and vendors receiving or applying for services or funds administered by the department. [PL 1975, c. 715, §3 (NEW).]

3. Cooperation; information. All agencies of the State and municipal governments shall cooperate fully with the unit, rendering any assistance requested by the unit. Every head of a department, bureau, division, commission or any other unit of State Government shall report in writing to the unit all information concerning any suspected incident of fraud or attempted fraud or violation of any law in connection with funds administered by the department. [PL 1975, c. 715, §3 (NEW).]

4. Violation of law; action. Whenever the unit determines that a fraud, an attempted fraud or a violation of law in connection with funds administered by the department may have occurred, it shall report in writing all information concerning the fraud or violation to the Attorney General or the Attorney General's delegate for such action as the Attorney General considers appropriate, including civil action for recovery of funds and criminal prosecution by the Department of the Attorney General. The unit shall, upon request of the Attorney General and in such a manner as the Attorney General considers appropriate, assist in the recovery of funds. [RR 2021, c. 2, Pt. B, §80 (COR).]

5. Audit methods. When conducting audits pursuant to this section, the department may not engage a private vendor to conduct the audit or base any auditor's compensation on a percentage of the alleged overpayment amount, except that the department may engage a private vendor to conduct audits of providers located outside this State and may base that vendor's compensation on a percentage of the amount of overpayment received by the department. The department shall disclose to the public any mathematical algorithm used in performance of an audit. [PL 2005, c. 12, Pt. QQ, §1 (AMD).]

6. Limitation on actions to recover overpayments. The department may impose a sanction or withhold payment from a MaineCare provider in order to recover or impose penalties for an overpayment for services rendered or goods delivered under the MaineCare program as provided in this subsection. A. The department may impose a sanction or withhold payment when the department has obtained an order from Superior Court allowing interim sanctions upon showing a substantial likelihood that overpayment or fraud has occurred and that substantial harm to the department will result from further delay or when the department has taken final agency action and the provider has waived or exhausted its right to judicial review. [PL 2003, c. 688, Pt. C, §6 (AMD).] B. Notwithstanding paragraph A , the department may terminate or suspend the participation of a provider in the MaineCare program pursuant to federal regulation and state rule. This authority includes, but is not limited to, provider payment suspensions required under section 1714‑E . [RR 2011, c. 2, §22 (COR).] C. For the purposes of this subsection, "overpayment" does not include an overestimate made as part of a prospective interim payment, a 3rd-party liability recovery, a departmental administrative error or receivership fees or debt. In addition, this subsection does not apply to routine adjustments of $2,500 or less that result from claims editing or processing. [PL 2003, c. 613, §1 (NEW).] [RR 2011, c. 2, §22 (COR).]
22 M.R.S. § 2430-I — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-I
22 §2430-I. Suspension, revocation, administrative penalty; forfeiture; surrender
Status: in_force

1. Definitions. [PL 2023, c. 679, Pt. A, §25 (RP).]

1-A. Registration violation types. The following registration violation types are established. A. "Major registration violation affecting public safety" means an intentional or knowing violation that imminently jeopardizes public health and safety or conduct that indicates a willful or reckless disregard for public health and safety. "Major registration violation affecting public safety" is limited to: (1) Intentionally or knowingly selling harvested cannabis or cannabis products for medical use containing any scheduled drug as defined in Title 17‑A, section 1101, subsection 11 , except for any compounds naturally occurring in the cannabis plant; (2) Intentionally or knowingly using prohibited agricultural chemicals that pose a threat to public health and concealing their use from the office, other registrants or consumers; (3) Intentionally or knowingly treating or otherwise adulterating harvested cannabis with a scheduled drug as defined in Title 17‑A, section 1101, subsection 11 , except for compounds naturally occurring in the cannabis plant; (4) Intentionally or knowingly purchasing or transferring from the illicit market cannabis or cannabis products that are offered for sale or transfer to qualifying patients or combined with harvested cannabis or cannabis products for medical use; (5) Intentionally or knowingly destroying, damaging, altering, removing or concealing potential evidence of a violation under this paragraph or asking or encouraging another person to do so; or (6) Other intentional or knowing egregious conduct that imminently threatens public health and safety or conduct that shows a willful or reckless disregard for public health and safety that poses an imminent risk to public health and safety. [PL 2023, c. 679, Pt. A, §26 (NEW).] B. "Major registration violation" means a serious violation that does not imminently jeopardize public safety. "Major registration violation" is limited to: (1) Misleading the office for the purposes of involving a person with a disqualifying drug offense in the operation of a registrant; (2) Intentionally or knowingly diverting harvested cannabis or cannabis products for medical use to the illicit market or to a cannabis establishment under the Cannabis Legalization Act; (3) Except as provided in paragraph A, subparagraphs (2) and (3), treating or otherwise adulterating harvested cannabis with any chemical that alters the color, appearance, weight or smell of the cannabis or that increases its potency, toxicity or addictiveness in a manner not authorized under this chapter; (4) Selling or transferring cannabis plants, harvested cannabis or cannabis products for medical use to a person under 21 years of age who is not a minor qualifying patient; (5) Intentionally or knowingly making deliveries of harvested cannabis to a safe zone designated by a municipality pursuant to Title 30‑A, section 3253 unless otherwise authorized under this chapter; (6) Allowing a minor to be an assistant of the registrant unless otherwise authorized under this chapter; (7) Cultivating cannabis plants in an amount that is equal to or greater than 150% of the total number of cannabis plants or plant canopy the registrant is authorized to cultivate under this chapter; (8) Intentionally or knowingly misrepresenting any cannabis product to a qualifying patient, registrant or the public, including: (a) Its contents; (b) Its testing results; or (c) Its potency; (9) Refusing, 2 or more times, to permit the office to inspect locations where the registrant conducts authorized activities; (10) Intentionally or knowingly destroying, damaging, altering, removing or concealing potential evidence of a violation under this paragraph or asking or encouraging another person to do so; or (11) Any violation in paragraph C that is a knowing violation or that the registrant has committed 3 or more times. [PL 2023, c. 679, Pt. A, §26 (NEW).] C. "Minor registration violation" means a negligent violation. "Minor registration violation" is limited to: (1) Procuring or in any way aiding or assisting in procuring, furnishing, selling or delivering cannabis or cannabis products for or to a minor who is not a qualifying patient; (2) Cultivating more cannabis plants than the registrant is authorized to cultivate under this chapter, but less than 150% of the total number of cannabis plants or plant canopy authorized; (3) Supplying adulterated or misbranded harvested cannabis or cannabis products; (4) Failing to obtain or maintain any required licenses, permits or certificates from another state agency or a municipality, as applicable, for the conduct of activities authorized by this chapter; or (5) A 2nd violation of any other requirement of this chapter or the rules adopted pursuant to this chapter that is not expressly listed in this subsection. [PL 2023, c. 679, Pt. A, §26 (NEW).] [PL 2023, c. 679, Pt. A, §26 (NEW).]

2. Penalties. For a registration violation, the department, in accordance with this section, on its own initiative or on complaint and after investigation, may, by written order: A. Impose an administrative penalty in accordance with this section. Penalties collected pursuant to this paragraph must be credited to the Medical Use of Cannabis Fund established under section 2430; [PL 2023, c. 679, Pt. A, §27 (AMD).] B. Seize and destroy cannabis or cannabis products under subsections 5 and 6; and [PL 2023, c. 679, Pt. A, §27 (AMD).] C. Suspend or revoke a registry identification card or registration certificate issued under this chapter. [PL 2023, c. 679, Pt. A, §27 (AMD).] For a first violation of this chapter or rules adopted pursuant to this chapter, other than a registration violation under subsection 1‑A or a violation under subsection 4, the office may only provide technical assistance to the registrant and may not impose a penalty or suspend or revoke a registration. [PL 2023, c. 679, Pt. A, §27 (AMD).]

3. Administrative penalties, generally. The department may impose administrative penalties for a violation of this chapter or rules adopted under this chapter as follows: A. For a registered caregiver who does not operate a retail store and a registrant agent: (1) Not more than $200 for each minor registration violation; (2) Not more than $600 for each major registration violation; or (3) Not more than $1,500 for each major registration violation affecting public safety; and [PL 2023, c. 679, Pt. A, §28 (AMD).] B. For a registrant, except a registered caregiver who does not operate a retail store: (1) Not more than $1,000 for each minor registration violation; (2) Not more than $3,000 for each major registration violation; or (3) Not more than $7,500 for each major registration violation affecting public safety. [PL 2023, c. 679, Pt. A, §28 (AMD).] [PL 2023, c. 679, Pt. A, §28 (AMD).]

4. Administrative penalty for sale or transfer to nonpatient. The department shall notify a registrant within one business day after the department discovers that a registrant or registrant agent sold, furnished or gave cannabis for medical use to a person who is not authorized to possess cannabis for medical use under this chapter. Both the registrant and registrant agent that sold, furnished or gave cannabis for medical use to a person who is not authorized to possess cannabis for medical use may be held responsible as follows. A. The first time a registrant or registrant agent sells, furnishes or gives cannabis for medical use to a person who is not authorized to possess cannabis for medical use under this chapter, the registrant or registrant agent that sold, furnished or gave cannabis for medical use to a person not authorized to possess cannabis for medical use may be subject to an administrative penalty for a minor registration violation. [PL 2023, c. 679, Pt. A, §29 (AMD).] B. The 2nd time a registrant or registrant agent sells, furnishes or gives cannabis for medical use to a person who is not authorized to possess cannabis for medical use under this chapter, the registrant or registrant agent that sold, furnished or gave cannabis for medical use to a person not authorized to possess cannabis for medical use may be subject to an administrative penalty for a major registration violation. [PL 2023, c. 679, Pt. A, §29 (AMD).] C. The 3rd time a registrant or registrant agent sells, furnishes or gives cannabis for medical use to a person who is not authorized to possess cannabis for medical use under this chapter and for any subsequent violations of this subsection thereafter, the registrant or registrant agent that sold, furnished or gave cannabis for medical use to a person not authorized to possess cannabis for medical use may be subject to suspension or revocation of the registrant's or registrant agent's registry identification card or registration certificate or an administrative penalty for a major registration violation. [PL 2023, c. 679, Pt. A, §29 (AMD).] A registrant is subject to the penalties in this section whether the registrant violated this subsection or the registrant agent violated this subsection. Violations of this section by a registrant are cumulative whether the same or a different registrant agent violated this subsection. [PL 2023, c. 679, Pt. A, §29 (AMD).]

5. Forfeit and destruction under final order. This subsection governs the forfeiture and destruction of cannabis plants, cannabis or cannabis products when a final order is issued. A. If the department issues a final order imposing an administrative penalty under this section, the department may require, in the final order, that all or a portion of the cannabis plants, cannabis or cannabis products in the possession of the registrant subject to the final order be destroyed. [PL 2023, c. 679, Pt. A, §30 (AMD).] B. The registrant subject to the final order shall forfeit the cannabis plants, cannabis or cannabis products to the department or destroy the cannabis plants, cannabis and cannabis products at the time and place and in the manner required by the department in writing. [PL 2023, c. 679, Pt. A, §30 (AMD).] [PL 2023, c. 679, Pt. A, §30 (AMD).]

6. Destruction prohibition. If the department is notified by a criminal justice agency that there is a pending investigation of a registrant subject to a final order under this section, the department may not destroy, or allow the registrant to destroy, any cannabis plants, cannabis or cannabis products of that registrant until the destruction is approved by the criminal justice agency. [PL 2023, c. 679, Pt. A, §31 (AMD).]

7. Form of payment. The department shall accept payment of an administrative penalty imposed under this section in the form of cash or a certified check or cashier's check payable to the department. [PL 2023, c. 365, §20 (NEW).]

8. Suspension. The office may suspend a registration in accordance with this subsection. A. The office may suspend a registration, for a period of up to one year, upon a finding of: (1) A major registration violation affecting public safety; (2) A pattern of major registration violations in a 60-month period; or (3) A violation of subsection 1‑A, paragraph B, subparagraph (7). [PL 2023, c. 679, Pt. A, §32 (NEW).] B. A registrant whose registration has been suspended pursuant to this subsection may not, for the duration of the suspension period, engage in any activities otherwise authorized under this chapter, except that the registrant may do what is reasonably necessary to wind down processes and may harvest any cannabis plants currently growing but may not start any new plants or make any transfers or sales. [PL 2023, c. 679, Pt. A, §32 (NEW).] C. The office may permit the transfer of a suspended registry identification card or registration certificate to another person in order for the person to undertake some or all of the registrant's operations during the period of suspension. A registry identification card or registration certificate may not be transferred to any person that is not qualified to be a registrant under this chapter. A suspended registry identification card or registration certificate may not be transferred pursuant to this paragraph if such a transfer would result in the receiving registrant exceeding the amount of plant canopy or mature cannabis plants the receiving registrant is authorized to cultivate or in any other violation of this chapter. [PL 2023, c. 679, Pt. A, §32 (NEW).] [PL 2023, c. 679, Pt. A, §32 (RPR).]

8-A. Revocation. The office may revoke a registration in accordance with this subsection. A. The office may revoke a registration for a period of up to one year, upon a finding of: (1) A major registration violation affecting public safety; or (2) A pattern of major registration violations in a 60‑month period. [PL 2023, c. 679, Pt. A, §33 (NEW).] B. A registrant whose registration has been revoked pursuant to this subsection shall cease all activities otherwise authorized under this chapter until the revocation period ends and the registration is reauthorized. [PL 2023, c. 679, Pt. A, §33 (NEW).] [PL 2023, c. 679, Pt. A, §33 (NEW).]

9. Maine Administrative Procedure Act; final agency action; appeals. Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, the imposition of an administrative penalty on a registrant by the office, including, but not limited to, the provision of notice and the conduct of hearings, is governed by the Maine Administrative Procedure Act. A final order of the office imposing an administrative penalty is a final agency action, as defined in Title 5, section 8002, subsection 4 , and the registrant may appeal that final order to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. [PL 2023, c. 679, Pt. A, §34 (RPR).]

10. Notification. Except as otherwise provided in subsection 4, if, after an inspection or investigation by the office or a criminal justice agency, the office identifies a violation of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5 business days of identifying the violation, provide written notification of the violation to the registrant. The registrant, within 5 days of receiving notification, shall provide the office with a plan of correction, if applicable, for the identified violation, including a time frame for the correction. If, after a follow-up inspection, the office decides to impose a monetary penalty on the registrant, the office shall notify the registrant of the monetary penalty in a timely manner after the follow-up inspection. Notice under this subsection does not constitute final agency action. [PL 2023, c. 679, Pt. A, §35 (NEW).]
22 M.R.S. § 2517-C — ME Code / Title 22 / Subtitle 2 / Chapter 562-A / Section 2517-C
22 §2517-C. Slaughter and inspection; producer exemptions for poultry
Status: in_force

1. Exemption for processing fewer than 1,000 birds annually. Notwithstanding section 2512 and whether or not the poultry are intended for human consumption, inspection is not required for the slaughter of poultry or the preparation of poultry products as long as the poultry are slaughtered by the producer that raised the poultry and the poultry products are prepared on the farm where the poultry were raised and: A. Fewer than 1,000 birds are slaughtered annually on the farm; [PL 2015, c. 329, Pt. A, §10 (RPR).] B. No birds are offered for sale or transportation in interstate commerce; [PL 2015, c. 329, Pt. A, §10 (RPR).] C. Any poultry products sold are sold only as whole birds; [PL 2015, c. 329, Pt. A, §10 (RPR).] D. [PL 2013, c. 323, §5 (RP).] D-1. The poultry producer is registered under section 2514‑A ; [PL 2015, c. 329, Pt. A, §10 (RPR).] E. [PL 2013, c. 323, §5 (RP).] F. The poultry producer assigns a lot number to all birds sold and maintains a record of assigned lot numbers and the point of sale; [PL 2015, c. 329, Pt. A, §10 (RPR).] G. The poultry are sold in accordance with the restrictions in subsection 2 ; and [PL 2021, c. 64, §22 (AMD).] H. [PL 2021, c. 64, §23 (RP).] I. The poultry products are labeled with: (1) The name of the farm, the name of the poultry producer and the address of the farm including the zip code; (2) The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517‑C NOT INSPECTED"; and (3) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." [PL 2015, c. 329, Pt. A, §10 (RPR).] [PL 2021, c. 64, §§22, 23 (AMD).]

1-A. Exemption for processing fewer than 20,000 birds annually. A poultry producer may slaughter and process that producer's own poultry without an inspector being present during processing if all the following criteria are met; a producer that does not meet these criteria does not qualify for this exemption and shall seek state or United States Department of Agriculture inspection of poultry products intended to be sold: A. The producer is licensed as a commercial processor pursuant to section 2514 ; [PL 2015, c. 329, Pt. A, §10 (RPR).] B. The producer's facilities conform to the rules of the department governing food processing and manufacturing, including a: (1) Separate area for slaughter, bleeding and defeathering; (2) Separate area for evisceration and cooling; and (3) Water supply that is tested twice annually for nitrates, nitrites and coliforms; [PL 2015, c. 329, Pt. A, §10 (RPR).] C. The producer raises, slaughters and processes, on that producer's premises, no more than 20,000 poultry in a calendar year. The producer must declare to the Department of Agriculture, Conservation and Forestry that it is exempt under this subsection at the beginning of each calendar year. Records must demonstrate numbers of birds raised. A producer that does not maintain accurate records does not qualify for the exemption under this subsection; [PL 2015, c. 329, Pt. A, §10 (RPR).] D. The producer's facility is not used to slaughter or process poultry by any other person or business without prior approval from the commissioner in accordance with the requirements of the federal Food Safety and Inspection Service Administrator; [PL 2015, c. 329, Pt. A, §10 (RPR).] E. The producer does not purchase birds for resale that have been processed under any exemption under this section; [PL 2015, c. 329, Pt. A, §10 (RPR).] F. Poultry are healthy when slaughtered; [PL 2015, c. 329, Pt. A, §10 (RPR).] G. Slaughter and processing are conducted using sanitary standards, practices and procedures to produce poultry products that are not adulterated; [PL 2015, c. 329, Pt. A, §10 (RPR).] H. The producer does not engage in Internet or interstate sales; [PL 2015, c. 329, Pt. A, §10 (RPR).] I. The shipping containers of the poultry bear the following labeling: (1) Producer's name, address and zip code; (2) Common name of product or list of ingredients; (3) Weight of product in shipping container or immediate container; (4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered; (5) The statement "Exempt P.L. 90-492"; and (6) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." [PL 2015, c. 329, Pt. A, §10 (RPR).] The producer may further process poultry carcasses into parts and other products. The producer may sell retail poultry products to the household consumer and may sell wholesale poultry products to retail stores, hotels, restaurants and institutions, with the appropriate licenses. [PL 2015, c. 329, Pt. A, §10 (RPR).]

1-B. Small enterprise exemption. A small enterprise may slaughter, dress and cut up poultry without an inspector being present during processing if all the following criteria are met; a small enterprise that does not meet these criteria does not qualify for the exemption and shall seek state or United States Department of Agriculture inspection of poultry products intended to be sold: A. The small enterprise is licensed as a commercial processor pursuant to section 2514 ; [PL 2015, c. 329, Pt. A, §10 (RPR).] B. The small enterprise's facilities conform to the rules of the department governing food processing and manufacturing, including a: (1) Separate area for slaughter, bleeding and defeathering; (2) Separate area for evisceration and cooling; and (3) Water supply that is tested twice annually for nitrates, nitrites and coliforms; [PL 2015, c. 329, Pt. A, §10 (RPR).] C. The small enterprise raises, slaughters and dresses poultry, or purchases live poultry to slaughter and dress, or purchases dressed poultry, in a combination of no more than 20,000 birds in a calendar year. The small enterprise must declare to the Department of Agriculture, Conservation and Forestry that it is exempt under this subsection at the beginning of each calendar year. Records must show numbers of birds raised, purchased or purchased as dressed. A small enterprise that does not maintain accurate records does not qualify for the exemption under this subsection; [PL 2015, c. 329, Pt. A, §10 (RPR).] D. The small enterprise's further processing is limited to whole and cut up poultry only; [PL 2015, c. 329, Pt. A, §10 (RPR).] E. The facility is not used to slaughter or process poultry by any other person or business without prior approval from the commissioner in accordance with the requirements of the federal Food Safety and Inspection Service Administrator; [PL 2015, c. 329, Pt. A, §10 (RPR).] F. Slaughter and processing are conducted using sanitary standards, practices and procedures to produce poultry products that are not adulterated; [PL 2015, c. 329, Pt. A, §10 (RPR).] G. Poultry are healthy when slaughtered; [PL 2015, c. 329, Pt. A, §10 (RPR).] H. The small enterprise does not engage in Internet or interstate sales; [PL 2015, c. 329, Pt. A, §10 (RPR).] I. The small enterprise does not cut up and distribute poultry products to a business operating under any exemption under this section; [PL 2015, c. 329, Pt. A, §10 (RPR).] J. The shipping or immediate containers of the poultry bear the following labeling: (1) Business name, address and zip code; (2) Common name of product; (3) Weight of product in shipping container or immediate container; (4) Lot number, which must consist of a coded number in some combination of the number of the day of the year on which the poultry was slaughtered; (5) The statement "Processed by a Licensed Commercial Food Processor/Small Enterprise Exempt from state or United States Department of Agriculture continuous bird-by-bird inspection"; and (6) Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." [PL 2015, c. 329, Pt. A, §10 (RPR).] The small enterprise may sell poultry products wholesale to hotels, restaurants and institutions, prepackaged products to retail stores and retail products to household consumers, with the appropriate licenses. [PL 2015, c. 329, Pt. A, §10 (RPR).]

2. Restrictions on point of sale. Except as provided in subsections 1‑A and 1‑B , poultry products sold under this section may be sold only by the poultry producer and in the following locations or manner: A. At the farm on which the poultry were raised; [PL 2015, c. 329, Pt. A, §10 (RPR).] B. At a farmers' market as defined in Title 7, section 415 ; [PL 2015, c. 329, Pt. A, §10 (RPR).] C. Delivered to a consumer’s home by the poultry producer whose name and address appear on the label under subsection 1 or whose name and license number appear on the label under subsection 1‑A or 1‑B ; [PL 2015, c. 329, Pt. A, §10 (RPR).] D. Received by a person who is a member of a community supported agriculture farm that has a direct marketing relationship with the poultry producer. For the purposes of this section, "community supported agriculture" means an arrangement whereby individual consumers have agreements with a farmer to be provided with food or other agricultural products produced on that farm; [PL 2015, c. 329, Pt. A, §10 (RPR).] E. To a locally owned grocery store; or [PL 2015, c. 329, Pt. A, §10 (RPR).] F. To a locally owned restaurant. [PL 2015, c. 329, Pt. A, §10 (RPR).] [PL 2015, c. 329, Pt. A, §10 (RPR).]

3. Mobile poultry processing unit operators. A mobile poultry processing unit operator may not sell poultry products that have not been inspected at a farmers' market, to a locally owned grocery store or to a locally owned restaurant unless the poultry products are labeled with: A. The name of the farm, the name of the poultry producer and the address of the farm including the zip code; [PL 2015, c. 329, Pt. A, §10 (RPR).] B. The number of the license issued to the poultry producer in accordance with section 2514 and the lot number for the poultry products pursuant to subsection 1, paragraph F ; [PL 2015, c. 329, Pt. A, §10 (RPR).] C. The statement "Exempt under the Maine Revised Statutes, Title 22, section 2517‑C NOT INSPECTED." The statement must be prominently displayed with such conspicuousness that it is likely to be read and understood; and [PL 2015, c. 329, Pt. A, §10 (RPR).] D. Safe handling and cooking instructions as follows: "SAFE HANDLING INSTRUCTIONS: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils and hands, after touching raw poultry. Cook thoroughly to an internal temperature of at least 165 degrees Fahrenheit maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard." [PL 2015, c. 329, Pt. A, §10 (RPR).] [PL 2015, c. 329, Pt. A, §10 (RPR).]

4. Rules. The commissioner shall adopt rules to establish requirements for the physical facilities and sanitary processes used by poultry producers whose products are exempt from inspection under this section. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 329, Pt. A, §10 (RPR).]

5. Enforcement. The commissioner shall enforce the provisions of this section. [PL 2015, c. 329, Pt. A, §10 (RPR).]

6. Violation; penalty. A person who violates this section is subject to penalties under section 2524 . [PL 2015, c. 329, Pt. A, §10 (RPR).]
22 M.R.S. § 2608 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2608
22 §2608. Information on private water supply contamination; interagency cooperation
Status: in_force

1. Information on private water supply contamination. The department shall provide information and consultation to citizens who: A. Make reports of potential contamination of private water supplies; and [PL 1983, c. 837, §2 (NEW).] B. Request information on potential ground water contamination at or near the site of a private water supply. [PL 1983, c. 837, §2 (NEW).] [PL 1983, c. 837, §2 (NEW).]

2. Interagency cooperation. The department shall coordinate with the Department of Environmental Protection for the purposes of: A. Assessing the public health implications of reports or requests made by citizens in subsection 1 ; and [PL 1983, c. 837, §2 (NEW).] B. Determining the appropriate response to those reports or requests, including, but not limited to, on-site investigation, well water testing and ground water monitoring. [PL 1983, c. 837, §2 (NEW).] [PL 1983, c. 837, §2 (NEW).]

3. Cooperation with local health officer. [PL 2007, c. 598, §12 (RP).]
22 M.R.S. § 2965 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2965
22 §2965. Effective date
Status: in_force

This chapter takes effect January 1, 2009. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 8612 — ME Code / Title 22 / Subtitle 6 / Chapter 1680 / Section 8612
22 §8612. Rule-making authority
Status: in_force

The council has the authority to adopt rules as necessary in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , to carry out its responsibilities. [PL 1989, c. 596, Pt. F, §2 (NEW).]
22 M.R.S. § 7806 — ME Code / Title 22 / Subtitle 6 / Chapter 1663 / Section 7806
22 §7806. Confidentiality guidelines
Status: in_force

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, guardians or other appropriate public agencies. The department shall establish by rule a model resident information confidentiality policy for entities subject to this section. Rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 342, §3 (NEW).]
22 M.R.S. § 2383-C — ME Code / Title 22 / Subtitle 2 / Chapter 558 / Section 2383-C
22 §2383-C. Unlawful use or possession of inhalants
Status: in_force

1. Prohibited acts. A person may not intentionally or knowingly: A. Inhale, ingest, apply or smell the gases, vapors or fumes of any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors or fumes for the purpose of causing intoxication, euphoria, inebriation, excitement, stupefaction or the dulling of that person's brain or nervous system; or [PL 1997, c. 325, §1 (NEW).] B. Possess any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors with the intent to violate paragraph A . [PL 1997, c. 325, §1 (NEW).] [PL 1997, c. 325, §1 (NEW).]

2. Exclusions. Nothing in this section applies to the inhalation of anesthesia for medical or dental purposes or the inhalation of the vapors or fumes of an alcoholic beverage, the sale and consumption of which is authorized by law. [PL 1997, c. 325, §1 (NEW).]

3. Presumption regarding violations. Proof that a person intentionally or knowingly inhaled, ingested, applied or used a substance in a manner contrary to the directions for use, cautions or warnings on a label of a container of the substance gives rise to a presumption that the person violated subsection 1 . [PL 1997, c. 325, §1 (NEW).]

4. Presumption regarding ingredients. For the purposes of this section, it is presumed that the ingredients in a container are, in fact, the ingredients listed on a label of the container or the ingredients listed for that substance in databases maintained or relied upon by a poison control center certified by a national association of poison control centers. [PL 1997, c. 325, §1 (NEW).]

5. Penalties. A person who violates this section commits a civil violation for which a forfeiture, which may not be suspended except as provided in subsection 6 , must be adjudged as follows: A. Not less than $100 or more than $300 for the first offense; [PL 1997, c. 325, §1 (NEW).] B. Not less than $200 or more than $500 for the 2nd offense; and [PL 1997, c. 325, §1 (NEW).] C. Five hundred dollars for the 3rd and each subsequent offense. [PL 1997, c. 325, §1 (NEW).] [PL 1997, c. 325, §1 (NEW).]

6. Additional orders. In addition to the civil forfeitures required by subsection 5 , the judge may order the person to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution or to undergo evaluation, education or treatment with a licensed social worker or a licensed substance use disorder counselor. If the judge orders the person to perform specified work or to undergo evaluation, education or treatment, the judge may suspend a forfeiture imposed pursuant to subsection 5 . [PL 2017, c. 407, Pt. A, §75 (AMD).]
22 M.R.S. § 2954 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2954
22 §2954. Rights and duties of procurement organization and others
Status: in_force

1. Reasonable search of registry and records. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of any donor registry and records of the Secretary of State that it knows exist for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

2. Reasonable access to records of donor registry. A procurement organization must be allowed reasonable access to information in the records of the donor registry to ascertain whether an individual at or near death is a donor. [PL 2007, c. 601, §2 (NEW).]

3. Reasonable examination to determine medical suitability. When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to assess the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to maintain the potential medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. [PL 2007, c. 601, §2 (NEW).]

4. Reasonable examination after death. Unless prohibited by law other than this chapter, at any time after a donor's death, the person to which a part passes under section 2951 may conduct any reasonable examination necessary to assess the medical suitability of the body or part for its intended purpose. [PL 2007, c. 601, §2 (NEW).]

5. Examination of medical records. Unless prohibited by law other than this chapter, an examination under subsection 3 or 4 may include an examination of all medical records of the donor or prospective donor. [PL 2007, c. 601, §2 (NEW).]

6. Reasonable search for parents of minor. If a donor, at the time of death, is under 18 years of age, a procurement organization shall conduct a reasonable search for the parents of the donor and, unless the procurement organization knows the donor is an emancipated minor, provide the parents with an opportunity to revoke or amend the anatomical gift or revoke a refusal. [PL 2007, c. 601, §2 (NEW).]

7. Reasonable search for person to make gift on behalf of donor. A procurement organization shall make a reasonable search for any person listed in section 2949 having priority to make an anatomical gift on behalf of a prospective donor. [PL 2007, c. 601, §2 (NEW).]

8. Advise of relevant information. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information. [PL 2007, c. 601, §2 (NEW).]

9. Superior rights. Subject to section 2951, subsection 8 and section 2961, the rights of the person to which a part passes under section 2951 are superior to rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, cremation or natural organic reduction and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 2951 , upon the death of the donor and before embalming, cremation or natural organic reduction shall cause the part to be removed without unnecessary mutilation. For purposes of this subsection, "natural organic reduction" has the same meaning as in section 2841‑A, subsection 1. [PL 2023, c. 676, §20 (AMD).]

10. Removal or transplantation procedure. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. [PL 2007, c. 601, §2 (NEW).]

11. Physician or technician qualified. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 3733 — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3733
22 §3733. Designated agency
Status: in_force

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 1990, Section 5081; and the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. [PL 1997, c. 530, Pt. A, §11 (AMD).]
22 M.R.S. § 5323 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5323
22 §5323. Powers and duties
Status: in_force

1. Federal, state and other funds. Through plans and contracts, the division shall obtain, distribute and administer federal, state and other community services funds. Balances of funds appropriated to the division to carry out the purposes of this chapter may not lapse, but must be carried forward from year to year to be expended for the same purpose. [PL 1995, c. 502, Pt. D, §14 (AMD).]

2. Monitoring of poverty level. The division shall monitor the poverty level of state citizens and carry out the following activities: A. Conduct an annual survey of poverty in Maine, reporting the results of this survey to the Governor, the Legislature and the public; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] B. Make recommendations annually to the Governor and the Legislature on ways and means to combat and reduce poverty in the State; [PL 1991, c. 780, Pt. DDD, §14 (NEW).] C. Seek federal, state and private funds to combat poverty in the State; and [PL 1991, c. 780, Pt. DDD, §14 (NEW).] D. Advise the Governor, the Legislature and local officials on the impact of state and local policies on poverty in the State. [PL 1991, c. 780, Pt. DDD, §14 (NEW).] [PL 1995, c. 502, Pt. D, §14 (AMD).]

3. Overseeing community action agencies. The division shall oversee community action agencies as follows. A. The division shall designate community action agencies every 7 years in accordance with the requirements of this chapter. [PL 1995, c. 502, Pt. D, §14 (AMD).] B. The division shall establish audit requirements in accordance with the Human Services Community Agency Accounting Practices Act. [PL 1995, c. 502, Pt. D, §14 (AMD).] C. The division shall evaluate community action agencies every 3 years. [PL 1995, c. 502, Pt. D, §14 (AMD).] [PL 1995, c. 502, Pt. D, §14 (AMD).]

4. Planning and coordination for state services. The division shall provide planning and coordination for state services to people with low income. [PL 1995, c. 502, Pt. D, §14 (AMD).]

5. Technical assistance. The division shall provide technical assistance to community action agencies and other groups serving the interests of people with low income in this State. [PL 1995, c. 502, Pt. D, §14 (AMD).]

6. Monitoring local program operators. The division shall monitor subgrantees to ensure conformance with appropriate rules. [PL 1995, c. 502, Pt. D, §14 (AMD).]
22 M.R.S. § 1580-L — ME Code / Title 22 / Subtitle 2 / Chapter 263 / Section 1580-L
22 §1580-L. Tobacco product manufacturer
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including, but not limited to, menthol, lights, kings and 100s. "Brand family" includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. [PL 2003, c. 439, §1 (NEW).] B. "Cigarette" has the same meaning as in section 1580‑H, subsection 4 . [PL 2003, c. 439, §1 (NEW).] C. "Distributor" means a person that is authorized to affix tax stamps to packages or other containers of cigarettes under Title 36, section 4366‑A or any person that is required to pay the excise tax imposed on cigarettes, including roll-your-own tobacco, pursuant to Title 36, chapter 703 or chapter 704 . [PL 2003, c. 439, §1 (NEW).] D. "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. [PL 2003, c. 439, §1 (NEW).] E. "Participating manufacturer" means a manufacturer as defined in the Master Settlement Agreement, as that agreement is defined in section 1580‑H, subsection 5 . [PL 2003, c. 439, §1 (NEW).] F. "Qualified escrow fund" has the same meaning as in section 1580‑H, subsection 6 . [PL 2003, c. 439, §1 (NEW).] G. "Tobacco product manufacturer" has the same meaning as in section 1580‑H, subsection 9 . "Tobacco product manufacturer" also means a participating manufacturer or a nonparticipating manufacturer. [PL 2003, c. 439, §1 (NEW).] H. "Units sold" has the same meaning as in section 1580‑H, subsection 10 . [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

2. Certification; participating manufacturer. Every participating manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver in the manner prescribed by the Attorney General a certification to the Attorney General no earlier than April 15th of each year and no later than April 30th of each year under penalty of perjury that as of the date of certification the tobacco product manufacturer is a participating manufacturer. A. A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall provide an updated list 30 calendar days prior to any addition to or modification of its brand families and deliver a supplemental certification to the Attorney General. [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

3. Certification; nonparticipating manufacturer. Every nonparticipating manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver in the manner prescribed by the Attorney General a certification to the Attorney General no earlier than April 15th of each year and no later than April 30th of each year under penalty of perjury that as of the date of certification the tobacco product manufacturer is in full compliance with subchapter 3 . A. A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families that: (1) Separately lists for each brand family the number of units sold in the State during the preceding calendar year; (2) Indicates all of the nonparticipating manufacturer's brand families that have been sold in the State at any time during the current calendar year; (3) Indicates by an asterisk any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of certification; and (4) Identifies by name and address any other manufacturer of the brand families in the preceding or current calendar year. The nonparticipating manufacturer shall provide an updated list to the Attorney General 30 days prior to any addition to or modification of its brand families and deliver a supplemental certification to the Attorney General. [PL 2003, c. 439, §1 (NEW).] B. In addition to submitting the lists required in paragraph A , a nonparticipating manufacturer shall also state in its certification that: (1) The nonparticipating manufacturer is registered to do business in the State or has appointed a resident agent for service of process and provided notice of the registration as required under subsection 8 ; (2) The nonparticipating manufacturer has: (a) Established and continues to maintain a qualified escrow fund pursuant to section 1580‑I ; and (b) Executed an escrow agreement, reviewed and approved by the Attorney General, that governs the qualified escrow fund; (3) The nonparticipating manufacturer is in full compliance with subchapter 3 and any rules adopted pursuant to this section and subchapter 3 ; (4) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required under section 1580‑I ; (5) The account number of the qualified escrow fund and the subaccount number for the State; (6) The amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each deposit and evidence or verification as may be determined necessary by the Attorney General to confirm the amount; and (7) The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer has made escrow payments. [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

4. Tobacco product manufacturer; brand family. A tobacco product manufacturer may not include a brand family in its certification unless: A. In the case of a participating manufacturer, the participating manufacturer affirms that the brand family is deemed to be the participating manufacturer's cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and [PL 2003, c. 439, §1 (NEW).] B. In the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is deemed to be the nonparticipating manufacturer's cigarettes for purposes of subchapter 3 . Nothing in this subsection may be construed as limiting or otherwise affecting the State's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of subchapter 3. [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

5. Maintain invoices. A tobacco product manufacturer of any cigarettes sold in this State shall maintain all invoices and documentation of sales and other information relied upon for certification for a period of 5 years unless otherwise required by law to maintain those invoices and documentation of sales and other information for a greater period of time. [PL 2003, c. 439, §1 (NEW).]

6. Directory of cigarettes. The Attorney General shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided accurate certifications conforming to the requirements of this section and all brand families that are listed in the certifications. A. The Attorney General may not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with subsection 3, paragraphs A and B , unless the Attorney General has determined that the nonparticipating manufacturer is no longer in violation of subsection 3, paragraphs A and B . [PL 2003, c. 439, §1 (NEW).] B. Neither a tobacco product manufacturer nor brand family may be included or retained in the directory if the Attorney General concludes that: (1) In the case of a nonparticipating manufacturer, all escrow payments required pursuant to subchapter 3 for any period for any brand family, whether or not listed by the nonparticipating manufacturer, have not been fully deposited into a qualified escrow fund governed by an escrow agreement that has been approved by the Attorney General; or (2) All outstanding final judgments, including interest on the judgment, for violations of subchapter 3 have not been fully satisfied for the brand family or the tobacco product manufacturer. [PL 2003, c. 439, §1 (NEW).] C. The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this section. A determination by the Attorney General not to list or to remove from the directory a brand family or tobacco product manufacturer is a final agency action as defined in Title 5, section 8002 . [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

7. Prohibition against stamping or sale of cigarettes. It is unlawful for any person to affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory or to distribute, sell or offer or possess for sale in this State cigarettes of a tobacco product manufacturer or brand family not included in the directory. A person who violates this subsection engages in an unfair and deceptive act in violation of the Maine Unfair Trade Practices Act. [PL 2003, c. 439, §1 (NEW).]

8. Agent for service of process. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage without interruption the services of an agent in this State for the service of process concerning or arising out of the enforcement of this section and subchapter 3 . Such service constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of the agent to the Attorney General. The nonparticipating manufacturer shall provide notice to the Attorney General 30 days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than 5 days prior to the termination of an existing agent appointment. In the event an agent terminates that agent's appointment by the nonparticipating manufacturer, the nonparticipating manufacturer shall notify the Attorney General of the termination within 5 days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent. [PL 2003, c. 439, §1 (NEW).]

9. Reporting by distributors. No later than 20 days after the end of each calendar quarter and more frequently if so directed by the Attorney General, each distributor shall submit information as the Attorney General requires to facilitate compliance with this section, including, but not limited to, a list by brand family of the total number of cigarettes upon which the distributor affixed tax stamps during the previous calendar quarter or, in the case of roll-your-own tobacco, the equivalent stick count for which the distributor paid the tax due. The distributor shall maintain all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Attorney General for a period of 5 years. [PL 2003, c. 439, §1 (NEW).]

10. Disclosure of information. Notwithstanding any provision of law to the contrary, the Department of Administrative and Financial Services, Bureau of Revenue Services is authorized to disclose to the Attorney General any tax information received by the Bureau of Revenue Services and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this section. The Attorney General may share any information received under this section, other than information received from the Bureau of Revenue Services, with: A. Federal, state or local agencies but only for purposes of enforcement of this section, subchapter 3 or corresponding laws of other states; and [PL 2019, c. 381, §1 (NEW).] B. Courts, arbitrators, data clearinghouses or similar entities for the purpose of assessing compliance with, resolving disputes arising under or making calculations required by the Master Settlement Agreement or agreements resolving disputes arising under the Master Settlement Agreement, and with counsel for the parties or expert witnesses in any such proceeding, if the information otherwise remains confidential. [PL 2019, c. 381, §1 (NEW).] The Attorney General shall provide notice to the Department of Administrative and Financial Services, Bureau of Revenue Services of those persons certified under this section. [PL 2019, c. 381, §1 (RPR).]

11. Verification of qualified escrow fund. The Attorney General may require at any time that the nonparticipating manufacturer provide from the financial institution in which the nonparticipating manufacturer has established a qualified escrow fund for the purpose of compliance with subchapter 3 proof of the amount of money in the qualified escrow fund being held on behalf of the State, the dates of deposits and a listing of the amounts of all withdrawals from the fund and the dates of the withdrawals. [PL 2003, c. 439, §1 (NEW).]

12. Requests for additional information. The Attorney General may require a distributor or tobacco product manufacturer to submit any additional information, including, but not limited to, samples of the packaging or labeling of each brand family necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this section. [PL 2003, c. 439, §1 (NEW).]

13. Escrow installments. To promote compliance with the provisions of this section, the Attorney General may adopt rules requiring a tobacco product manufacturer subject to the requirements of subsection 3, paragraph A to make the required deposits in the qualified escrow fund in installments during the year in which the sales covered by the deposits are made. The Attorney General may require sufficient information to enable the Attorney General to determine the adequacy of the amount of the installment deposit. [PL 2003, c. 439, §1 (NEW).]

14. Rules. The Attorney General may adopt rules necessary to carry out the purposes of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 439, §1 (NEW).]

15. Unlawful acts. A person may not: A. Sell or distribute cigarettes in violation of subsection 7 ; [PL 2003, c. 439, §1 (NEW).] B. Violate paragraph A after having been previously convicted of a violation of this section; [PL 2003, c. 439, §1 (NEW).] C. Acquire, hold, own, possess, transport, import or cause to be imported cigarettes that the person knows or should have known are intended for distribution or sale in the State in violation of subsection 7 ; or [PL 2003, c. 439, §1 (NEW).] D. Violate paragraph C after having been previously convicted of a violation of this section. [PL 2003, c. 439, §1 (NEW).] [PL 2003, c. 439, §1 (NEW).]

16. Criminal penalty. A violation of this section is a Class E crime except that violation of this section is a Class D crime when the person has one or more prior convictions for violation of this section. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. Each stamp affixed and each offer to sell cigarettes in violation of subsection 7 constitutes a separate violation. [PL 2003, c. 439, §1 (NEW).]

17. Contraband; seizure. Cigarettes that have been sold, offered for sale or possessed for sale in this State in violation of subsection 7 are deemed contraband under Title 36, section 4372‑A and the cigarettes are subject to seizure and forfeiture as provided in section 4372‑A . All cigarettes so seized and forfeited must be destroyed and may not be resold. [PL 2003, c. 439, §1 (NEW).]

18. Injunction. The Attorney General may seek an injunction to restrain a threatened or actual violation of subsection 7 , 9 or 12 and to compel compliance with these subsections. [PL 2003, c. 439, §1 (NEW).]

19. Recovery of costs. In any action brought by the State to enforce this section, the State is entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney's fees. [PL 2003, c. 439, §1 (NEW).]

20. Profits. If a court determines that a person has violated this section, the court shall order any profits, gain, gross receipts or other benefit from the violation to be paid to the Fund for a Healthy Maine. Unless otherwise expressly provided, the remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this State. [PL 2003, c. 439, §1 (NEW).]

21. Construction; severability. If a court of competent jurisdiction finds that the provisions of this section and of subchapter 3 conflict, then the provisions of subchapter 3 control. If any portion of this section causes subchapter 3 to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this section is not valid. [PL 2003, c. 439, §1 (NEW).]
22 M.R.S. § 3173-K — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-K
22 §3173-K. Standing orders
Status: in_force

To promote public health and the health of MaineCare members, the department may authorize standing orders for the dispensing of vaccines as described in Title 32, section 13831 and nonprescription drugs as defined in Title 32, section 13702‑A, subsection 20 that support access to preventive care and medically necessary services for Medicaid recipients as defined in section 3172, subsection 3 ; participants in the state-funded medical program for noncitizens under section 3174‑FFF ; elderly low-cost drug program enrollees as defined in section 254‑D, subsection 1, paragraph B ; qualified residents as defined in section 2681, subsection 2, paragraph F ; and persons receiving benefits under the Children's Health Insurance Program under section 3174‑T . [PL 2023, c. 597, §3 (AMD).]

A standing order must identify the eligible population as described in this section and may include other criteria such as age limitations or pharmacist instructions. The standing order remains in effect for one year, at which time the order may be renewed. The standing order must be signed by a physician licensed in this State employed by or contracted with the department or the office of MaineCare services within the department or by a licensed, MaineCare-enrolled prescriber and a department official. [PL 2023, c. 31, §1 (NEW).]
22 M.R.S. § 8736 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8736
22 §8736. Public report
Status: in_force

Beginning November 1, 2020 and annually thereafter, the organization shall produce and post on its publicly accessible website an annual report, including information developed from the disclosures received pursuant to this subchapter on trends in the cost of prescription drugs, analysis of manufacturer prices and price increases, the major components of prescription drug pricing along the supply chain and the impacts on insurance premiums and cost sharing and any other information the organization determines is relevant to providing greater consumer awareness of the factors contributing to the cost of prescription drugs in the State. The report may not make public any information that is confidential pursuant to section 8733 . The organization shall submit the report required by this section to the joint standing committee of the Legislature having jurisdiction over health data reporting and prescription drug matters and the committee may report out legislation to the first regular or second regular session of the Legislature, depending on the year in which the report is submitted. [PL 2021, c. 305, §9 (AMD).]
22 M.R.S. § 3178 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3178
22 §3178. Payment to conservator or guardian
Status: in_force

If an applicant for or a recipient of aid is found by the department to be incapable of taking care of the applicant's or recipient's own health, welfare or money, payment must be made only to a legally appointed guardian or conservator for the applicant's or recipient's benefit. [PL 2023, c. 405, Pt. A, §63 (AMD).]
22 M.R.S. § 7923 — ME Code / Title 22 / Subtitle 6 / Chapter 1666 / Section 7923
22 §7923. Residents' council
Status: in_force

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 prominently in the facility. The administrator shall assist residents in establishing a residents' council, if the residents choose to establish one. If there is no council, at least once each year residents must be given the choice to establish one. A majority vote prevails. The council shall draw up bylaws. The council may meet as often as specified in the bylaws, but at least quarterly. No employee or representative of the facility may be a member of the council. Family members may sit on the council, but may not be members. [PL 1991, c. 69, §5 (AMD).]

2. Responsibilities. The council has, but is not limited to, the following responsibilities: A. To review and make recommendations to strengthen the facility's policies and procedures relating to residents' rights; [PL 1981, c. 445 (NEW).] B. To establish procedures for informing all residents about their rights; [PL 1981, c. 445 (NEW).] C. To serve as a forum for obtaining and disseminating information, soliciting and adopting recommendations for facility programming and improvement, and early identification of and recommendations for orderly resolution of residents' problems; [PL 1981, c. 445 (NEW).] D. To inform the administrator about the opinions and concerns of the residents; [PL 1981, c. 445 (NEW).] E. To find ways of involving the families of residents in the facility; and [PL 1981, c. 445 (NEW).] F. To notify the Department of Health and Human Services and the long-term care ombudsman when they are constituted. [PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] Records of council meetings and decisions shall be prepared and disseminated by the council, which may request the assistance of the designated staff member and shall be kept on file in the facility, available at all times to residents and family members or designated representatives. [PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Assistance. Except as provided in this subsection, the administrator shall designate a staff member, not related to the administrator, to assist the residents' council. In small long-term care facilities in which no staff members are unrelated to the administrator or owner of the facility, the administrator may designate a staff member who is related to the administrator. [PL 1991, c. 69, §5 (AMD).]
22 M.R.S. § 4017 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4017
22 §4017. Discrimination
Status: in_force

No person may be discriminated against by any employer in any way for participating in good faith in reporting under this subchapter or in a related child protection investigation or proceeding. [PL 1983, c. 354, §4 (NEW).]
22 M.R.S. § 1655 — ME Code / Title 22 / Subtitle 2 / Chapter 267 / Section 1655
22 §1655. Report
Status: in_force

The department shall make an annual report to the joint standing committee of the Legislature having jurisdiction over human resources matters of its findings and recommendations concerning the effectiveness, impact and benefits derived from the special programs as provided for in this chapter. This report must be delivered on or before February 1st and must contain evaluations of these special programs and recommendations in final draft form of any legislation determined necessary and proper. [PL 1993, c. 685, Pt. B, §3 (AMD).]
22 M.R.S. § 819 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 819
22 §819. Exercise of rights
Status: in_force

Any individual subject to a court order issued pursuant to section 812, subsection 1, paragraph F or G shall have the rights set forth in Title 34‑B, section 3803 , unless the exercise of any of those rights poses a threat to the health or safety of other individuals. Any restriction imposed upon the exercise of an individual's rights as stated in Title 34‑B, section 3803 , and the reasons for that restriction, shall be made a part of the clinical record of that individual. [RR 1991, c. 1, §27 (COR).]
22 M.R.S. § 8604 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8604
22 §8604. Fee for license
Status: in_force

The department shall charge a reasonable fee for a license. There may be differential fees charged to programs based on numbers of participants, type of license or other considerations. [PL 1987, c. 389, §5 (NEW).]
22 M.R.S. § 2167 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2167
22 §2167. License required
Status: in_force

A person, firm, corporation or copartnership may not operate a food establishment or a food salvage establishment or act as a salvage broker unless licensed for that purpose by the commissioner. In the case of retail food establishments, licenses issued must be made available at the retail food establishment for inspection by customers or other persons using the retail food establishment. [PL 2011, c. 535, §2 (AMD).]

In addition to the sanctions authorized in section 2172 , a person, firm, corporation or copartnership that violates this licensing requirement or any condition placed on a license commits a civil violation for which a fine of not more than $500 may be adjudged for each offense and, in addition, the commissioner may suspend, revoke or refuse to renew any such license in accordance with Title 5, chapter 375, subchapter 5 . [PL 2003, c. 452, Pt. K, §15 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
22 M.R.S. § 1716-A — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1716-A
22 §1716-A. Charity care and financial assistance programs provided by hospitals (WHOLE SECTION TEXT EFFECTIVE 7/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 7/01/26)

This section applies to financial assistance programs provided by hospitals to qualifying patients, including program requirements specific to charity care. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Charity care" means free health care services provided by hospitals to patients in accordance with the requirements under subsection 2. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. "Family income" means the cumulative income of a patient and the patient's family. "Family income" does not include the income of any individual residing in a patient's household who is not a member of the patient's family. For the purposes of this paragraph, "family" means a group of 2 or more persons related by birth, marriage or adoption who reside together and among whom there are legal responsibilities for support. All such related persons are considered one family. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] C. "Federal poverty level" has the same meaning as in section 3762, subsection 1, paragraph C. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] D. "Financial assistance program" means a program administered by a hospital to provide patients with free or reduced-cost health care services and includes, but is not limited to, charity care. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] E. "Income" means modified adjusted gross income as determined using the methodology described in 42 Code of Federal Regulations, Section 435.603(e). [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] F. "State resident" means a person: (1) Living in the State with the intent to remain in the State indefinitely; or (2) Who enters the State with a permanent, temporary, seasonal or other job commitment or who is seeking employment. "State resident" does not include a person who is in the State temporarily as a tourist or visitor. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

2. Hospital to provide charity care. A hospital shall, in accordance with rules adopted by the department, provide free health care services to eligible patients who are state residents in accordance with this section. Upon admission of a patient, or in cases of emergency admission before discharge of a patient, a hospital shall investigate the coverage of the patient by any insurance or state or federal programs of medical assistance. A hospital shall provide free, medically necessary services for patients whose family income is equal to or less than 200% of the federal poverty level. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

3. Applications and eligibility requirements for financial assistance programs generally. The following requirements apply to financial assistance programs provided by a hospital, including charity care except as otherwise provided in subsection 4. A hospital, in accordance with rules adopted by the department: A. May use an application form developed by the department pursuant to subsection 12; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. May not require notarization of any application materials or supporting documents required for an application. However, a hospital may include on an application for a financial assistance program: (1) A requirement for an applicant to attest to the accuracy of the information submitted; (2) A statement that any information submitted that is determined to be false will result in a denial of financial assistance and that the applicant will bear financial responsibility for charges for services provided by the hospital; and (3) A statement informing the applicant that knowingly submitting false information is unlawful; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] C. Shall accept documentation specified by the department by rule that may be used as proof that the applicant is a state resident; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] D. Shall determine eligibility based upon the applicant's family income at the time the application is submitted; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] E. Shall, within 15 days of receiving an application, notify the applicant to clearly explain what additional information or documentation, if any, is necessary to complete the application. The hospital shall provide the patient with a reasonable amount of time that is no less than 30 days following notification to the patient of any information needed to complete the application before denying the application based on incomplete information. The hospital shall determine eligibility and inform the patient of the eligibility determination within 45 days from the date a completed application is submitted; and [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] F. Shall provide interpretation services to patients with limited English proficiency and patients who are deaf or hard of hearing. This requirement applies to patients applying for or receiving assistance under a financial assistance program. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

4. Applications and eligibility requirements specific to charity care. In addition to the requirements of subsection 3, and notwithstanding any provision of subsection 3 to the contrary, the following requirements apply to charity care. A hospital, in accordance with rules adopted by the department: A. May not solicit from an applicant for charity care provided in accordance with this section information regarding any assets or income that are not used to calculate modified adjusted gross income as described in 42 Code of Federal Regulations, Section 435.603(e); [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. Shall provide versions of the charity care application and the summary described in subsection 5, paragraph A translated into any language spoken by 5% of the population of the State or 1,000 people in the State, whichever is less, as well as any additional languages spoken by 5% of the community served by the hospital or 1,000 people in the community served by the hospital, whichever is less; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] C. Shall determine that an applicant is unable to pay for hospital services and is eligible for charity care when the family income of the patient, as calculated by either of the methods described in subparagraphs (1) and (2), is equal to or less than 200% of the federal poverty level. Eligibility may be calculated by: (1) Multiplying by 4 the patient's family income for the 3 months preceding the determination of eligibility; or (2) Using the patient's actual family income for the 12 months preceding the determination of eligibility. If one method of calculation is inapplicable, the other method must be applied prior to determining an applicant's eligibility for charity care; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] D. Shall provide each applicant who requests charity care and is denied it, in whole or in part, a written and dated statement of the reasons for the denial when the denial is made; and [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] E. Shall provide to an applicant who is denied charity care, in whole or in part, information regarding the right to request a fair hearing from the department regarding the patient's eligibility for charity care. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

5. Notice and publication requirements. In accordance with rules adopted by the department, a hospital shall widely publicize its financial assistance programs within the community served by the hospital, including by: A. Publishing a summary of the financial assistance programs written in plain language, including a summary of services not covered by financial assistance programs; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. Providing, in conspicuous locations within the hospital, including admission, registration and waiting areas, information regarding how patients can access physical copies of the plain language summary under paragraph A, the financial assistance program application and any application instructions; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] C. Posting a full, accessible and downloadable version of the financial assistance program application on the hospital's publicly accessible website; [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] D. Including on all plain language summaries and financial assistance program application instructions, excluding billing statements except as otherwise provided in paragraph E and subsection 6, information regarding the hospital's financial assistance program and information regarding the availability of no-cost assistance with applying for financial assistance and health coverage programs through the Health Insurance Consumer Assistance Program established in Title 24‑A, section 4326 ; and [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] E. Providing on all billing statements sent to a patient information on the availability of financial assistance, including how to apply for the financial assistance program, the address of a publicly accessible website from which a patient may download a copy of the application and a telephone number that a patient may call to request a paper copy of the application. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

6. Individual written notice of charity care availability. A hospital shall provide a patient with individual written notice of the availability of charity care according to the following. A. With respect to inpatient services, the hospital shall provide individual written notice of the availability of charity care to each patient upon admission, or in the case of emergency admission before discharge. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. With respect to outpatient services, the hospital shall either include with the patient's bill a copy of an individual notice of the availability of charity care or provide a copy of the individual notice at the time service is provided. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] The individual notice provided pursuant to this subsection must include the information required pursuant to subsection 5, paragraph D, a telephone number to request a paper charity care application, the website address where a patient can submit an online application pursuant to subsection 10, the income guidelines to qualify for charity care and any other information specified by the department by rule. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

7. Patient notified of noncovered services; consequences for failing to notify. In accordance with rules adopted by the department, a hospital shall inform a patient who is determined to be eligible for financial assistance if any part of a medical service, treatment, procedure or test provided or administered to the patient in the hospital is not covered by the hospital's financial assistance programs. A hospital may not bill a patient for a medical service, treatment, procedure or test if the hospital failed to provide the patient with advance notice that a medical service, treatment, procedure or test is not covered under the hospital's financial assistance programs. A hospital may bill a patient's health insurance carrier for a medical service, treatment, procedure or test for which the hospital is prohibited from billing the patient under this subsection. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

8. Reasonable payment plans; maximum out-of-pocket payments. In accordance with rules adopted by the department, a hospital shall offer a patient with a documented family income that does not exceed 400% of the federal poverty level a payment plan that requires monthly out-of-pocket payments that do not exceed 4% of the patient's monthly family income that is not exempt from attachment or garnishment under state law. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

9. Bill disputes. A hospital shall include on a billing statement sent to a patient information regarding how to dispute a charge. If the contact information for disputing a charge is distinct from the contact information for paying or otherwise settling a bill, the contact information for the individual or entity charged with handling disputed charges must be provided. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

10. Online application for charity care. A hospital shall, by July 1, 2028, provide an online option through which an applicant may file an application for charity care. The online option must provide for an e-mail response to the applicant that the application has been received. The hospital shall provide an option for a patient to request that an application be mailed to the patient. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

11. Enforcement. This subsection governs enforcement of this section. A. The department shall: (1) Establish a process for a patient to submit a complaint of hospital noncompliance with this section; (2) Conduct a review within 30 days of receiving a complaint from a patient regarding noncompliance with this section; and (3) Require a corrective action of a hospital, if the department determines that the hospital is not in compliance with this section, which may include: (a) Measures to inform the patient about the noncompliance; and (b) Adjusting any amount billed to the patient in violation of this section. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] B. If the department determines that a hospital knowingly or willfully violated this section or engaged in a pattern of noncompliance with this section, the department may, through the Office of the Attorney General, bring a civil action against the hospital for a penalty not to exceed $1,000. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

12. Application developed by department. The department shall develop an application for patients to apply for financial assistance programs, including charity care, consistent with the requirements of subsections 3 and 4, as applicable. The department shall translate any application it develops into any language spoken by 5% of the population of the State or 1,000 people in the State, whichever is less. [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]

13. Rulemaking. The department shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this section must be consistent with the requirements of the United States Internal Revenue Code of 1986, Section 501(r) and any federal regulations implementing those requirements. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 488, §3 (NEW); PL 2025, c. 488, §8 (AFF).]
22 M.R.S. § 3192 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3192
22 §3192. Community Health Access Program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Benefit design" means the health care benefits package provided through the Community Health Access Program. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] B. "Community board" means the local governing board of a community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] C. "Community health plan corporation excess insurance" means insurance that protects a plan offered by a community health plan corporation against higher than expected obligations at retention levels that do not have the effect of making the plan an insured plan. The issuance of community health access program excess insurance does not constitute the business of reinsurance. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] D. "Complementary health care provider" means a health care professional, including, but not limited to, a massage therapist, naturopath, chiropractor, physical therapist or acupuncturist, who provides care or treatment to a person that complements the care or treatment provided by a primary care physician and is credentialed by a community board. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] E. "Health quality measures" means statistical data that provides information on the quality of health care outcomes for individuals and groups with similar health problems. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] F. "Medical data collection system" means the computerized, systematic collection of individual medical data, including the cost of medical care, that when analyzed provides information on the quality and costs of health care outcomes. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] G. "Micro-employer" means an employer that has an average of 4 or fewer employees eligible for health care benefits in the 12 months preceding its enrollment in a plan offered by a community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] H. "Out-of-area medical services" means medical care services provided outside of the geographic region of a community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] I. "Program" means the Community Health Access Program established in this section. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

2. Program established. The Community Health Access Program is established within the department to provide comprehensive health care services through local nonprofit community health plan corporations governed by community boards. The program's primary goal is to provide access to health care services to persons without health care insurance or who are underinsured for health care services. The purpose of the program is to demonstrate the economic and health care benefits of a locally managed, comprehensive health care delivery model. The program's emphasis is on preventive care, healthy lifestyle choices, primary health care and an integrated delivery of health care services supported by a medical data collection system. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

3. Service areas. The department may establish 2 service areas for local plans developed by community health plan corporations in different geographic regions of the State. A service area established by the department must be an area that serves residents who seek regular primary health care services in conjunction with support from a hospital located in the same geographic region. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

4. Eligible population. This subsection governs eligibility. A. The following persons may enroll in plans developed by community health plan corporations: (1) Micro-employers and their employees; (2) Medicaid recipients; (3) Self-insured employers and their employees to the extent allowed under the federal Employee Retirement Income Security Act; (4) Self-employed persons; and (5) Individuals without health care insurance. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] B. Individuals eligible for group health care benefits through an individual's employment or spouse's employment may not enroll. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

5. Community boards. A local community health plan corporation established pursuant to this section is governed by a community board composed of community members. The board membership must include representation of primary and complementary health care providers, mental health care providers, micro-employers and individuals enrolled in a plan offered by the community health plan corporation. The community boards shall establish bylaws and operating procedures. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

6. Authorized powers. A local community health plan corporation may: A. Develop a comprehensive health care benefit package that may include, but is not limited to, primary and tertiary health care services, mental health services, complementary health care services, preventive health care services, healthy lifestyle services and pharmaceutical services; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] B. Develop medical data collection systems that will provide the program with the information necessary to support medical management strategies and will determine the costs and quality outcomes for the services provided; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] C. Establish a fee structure sufficient to cover the actuarially determined costs of the comprehensive health care benefit package offered; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] D. Develop a sliding fee schedule based on income to ensure that the fees are affordable for individuals covered by a plan offered by the community health plan corporation. The corporations are further authorized to establish mandatory minimum contributions by employers; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] E. Collect fees from enrolled individuals and employers; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] F. Solicit and accept funds from private and public sources to subsidize the corporation; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] G. Develop community preventive care education and wellness programs. A corporation may coordinate its community preventive care education and wellness programs with schools, employers and other community institutions; [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] H. Enter into agreements with the department to provide care for individuals covered by the department's Medical Assistance Program in its geographic region and to develop methods to share access to medical information necessary for the program's medical data collection system; and [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] I. Enter into agreements with 3rd parties to provide needed services, including, but not limited to, administration, claims processing, customer services, stop-loss insurance, education, out-of-area medical services and other related services and products. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

7. Community health plan corporation excess insurance. In order to ensure adequate financial resources to pay for medical services allowed in the benefit plans developed by community health plan corporations, a local community health plan corporation is required to enter into agreements with insurers licensed in this State to obtain community health plan corporation excess insurance and to provide coverage for those portions of the health care benefits package that expose the corporations to financial risks beyond the resources of the corporation. The department may develop rules to provide further options for community health plan corporations to maintain financial solvency. Participation in the Medicaid program satisfies the requirement of this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 428, Pt. I, §1 (AMD).]

8. Cost-sharing agreements. A local community health plan corporation may enter into agreements with private health insurance carriers or the Medicaid program in accordance with the following. A. A local community health plan corporation may enter into agreements with private health care insurers to cover individual medical costs associated with all or a portion of the costs resulting from the benefit plan or benefit plans offered by the community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] B. A local community health plan corporation may enter into agreements with the department to access Medicaid coverage for all or a portion of the individual medical costs resulting from the benefit plan or benefit plans offered by the local community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).] C. The department may seek a waiver from the Federal Government as necessary to permit funding under the Medicaid program to be used for coverage of Medicaid-eligible individuals enrolled in a plan offered by a community health plan corporation. The department may adopt rules required to implement the waiver in accordance with this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 428, Pt. I, §2 (AMD).] [PL 2003, c. 428, Pt. I, §2 (AMD).]

9. Medical and cost data. If Medicaid-eligible individuals are enrolled in the program, the department shall provide medical and cost data to each local community health plan corporation at the community health plan corporation's request in a format usable by the community health plan corporation's medical data collection system for the analysis of health care costs and health care outcomes. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

10. Dissolution or sale. Upon the dissolution, sale or other distribution of assets of a local community health plan corporation, the community board may convey or transfer the assets of the corporation only to one or more domestic corporations engaged in charitable or benevolent activities substantially similar to those of the community health plan corporation. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

11. Annual reports. A local community health plan corporation established pursuant to this section shall submit a written report to the commissioner on or before January 21st annually. The report must address the financial feasibility, fee structure and benefit design of the plan offered by the community health plan corporation; the health quality measures, health care costs and quality of health care outcomes under the plan; and the number of persons enrolled in the plan. The commissioner may require more frequent reports and additional information. Annually, before March 15th of each year, the department must submit a report summarizing the plan's demonstrated effectiveness to the joint standing committees of the Legislature having jurisdiction over banking and insurance matters and health and human services matters. [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

12. Not subject to Title 24 or Title 24-A. A local community health plan corporation established pursuant to this section is not subject to any provisions of Title 24 or Title 24‑A . [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

13. Confidentiality. All information in the medical data collection system maintained by a local community health plan corporation established under this section is confidential and may not be disclosed except as permitted by sections 1711‑C and 1828 . [PL 2001, c. 439, Pt. BBB, §1 (NEW); PL 2001, c. 439, Pt. BBB, §3 (AFF).]

14. Rules. The department shall adopt rules establishing minimum standards for financial solvency, benefit design, enrollee protections, disclosure requirements, conditions for limiting enrollment and procedures for dissolution of a community health plan corporation. The department may also adopt any rules necessary to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The department shall begin preparing the rules required under this subsection no later than January 1, 2007. [PL 2003, c. 688, Pt. K, §1 (AMD).] Revisor's Note: §3192. Affordable Health Care Fund (As enacted by PL 2001, c. 450, Pt. B, §2 is REALLOCATED TO TITLE 22, SECTION 3193)
22 M.R.S. § 4053 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4053
22 §4053. Service and notice
Status: in_force

The petition and the notice of hearing must be served on the parents and the guardian ad litem for the child at least 10 days prior to the hearing date. Service must be made in accordance with the District Court Civil Rules. The department shall provide written notice of all reviews and hearings in advance of the proceeding to foster parents, preadoptive parents and relatives providing care. The notice must be dated and signed, must include a statement that foster parents, preadoptive parents and relatives providing care are entitled to notice of and an opportunity to be heard in any review or hearing held with respect to the child and must contain the following language: "The right to be heard includes only the right to testify and does not include the right to present other witnesses or evidence, to attend any other portion of the review or hearing or to have access to pleadings or records." [PL 1997, c. 715, Pt. B, §15 (AMD).]

A copy of the notice must be filed with the court prior to the review or hearing. The department shall mail a copy of the petition to all attorneys of record when the petition is filed in court. [PL 1997, c. 715, Pt. B, §15 (NEW).]
22 M.R.S. § 3737-A — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3737-A
22 §3737-A. Early childhood educator workforce salary supplements
Status: in_force

The department shall develop and implement a system to provide salary supplements to child care providers and early childhood educators who provide direct services to children in a child care facility licensed under section 8301‑A, subsection 2 or who are family child care providers licensed under section 8301‑A, subsection 3 . Any salary supplement funding provided by the department under this section to a child care facility or family child care provider must be paid by that child care facility or family child care provider in order to increase wages for any child care provider or early childhood educator who provides direct services to children. [PL 2021, c. 635, Pt. RR, §1 (NEW).]

Until June 30, 2023, a child care facility or family child care provider shall distribute salary supplements received under this section in the same amount to any child care provider or early childhood educator who provides direct services to children employed by the facility or provider. Beginning July 1, 2023, the department shall establish by rule and shall implement a tiered system for salary supplements under this section. The rules must provide, at a minimum, 3 tiers based on the education and experience levels of child care providers and early childhood educators. The 2nd tier must provide a salary supplement that is at least 50% greater than the first tier and the 3rd tier must provide a salary supplement that is at least 50% greater than the 2nd tier. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 635, Pt. RR, §1 (NEW).]
22 M.R.S. § 3479-A — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3479-A
22 §3479-A. Immunity from liability
Status: in_force

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, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. [PL 2003, c. 653, §14 (AMD).]

2. Presumption of good faith. In a proceeding regarding immunity from liability, there shall be a rebuttable presumption of good faith. [PL 1981, c. 705, Pt. E, §2 (NEW).]
22 M.R.S. § 1331 — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1331
22 §1331. Registry of leased lead-safe residential dwellings
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Lead-based paint" has the same meaning as in Title 38, section 1291, subsection 16 . [PL 2023, c. 147, §2 (NEW).] B. "Residential dwelling" has the same meaning as in Title 38, section 1291, subsection 26‑A . [PL 2023, c. 147, §2 (NEW).] [PL 2023, c. 147, §2 (NEW).]

2. Registry. The department shall maintain a registry of leased residential dwellings built before 1978 that are lead-safe as designated by the residential dwelling owners in accordance with subsection 3 . [PL 2023, c. 147, §2 (NEW).]

3. Designation as lead-safe. A leased residential dwelling may be designated as lead-safe for the purposes of this section if the residential dwelling owner has submitted to the department an application for the leased residential dwelling to be placed on the registry created pursuant to subsection 2 . Submission of an application to the registry is voluntary on the part of the residential dwelling owner. [PL 2023, c. 147, §2 (NEW).]

4. Application. The application under subsection 3 must be submitted together with a report by a lead inspector that indicates that the leased residential dwelling has been tested for the presence of lead-based paint and lead-contaminated dust or a report by a lead dust sampling technician that indicates the leased residential dwelling has been tested for lead-contaminated dust. The report must indicate that the leased residential dwelling meets the requirements for inclusion on the registry in accordance with the standards and procedures established by the department. [PL 2023, c. 147, §2 (NEW).]
22 M.R.S. § 5309 — ME Code / Title 22 / Subtitle 4 / Chapter 1473 / Section 5309
22 §5309. Director
Status: in_force

The bureau is administered by a director. [PL 2007, c. 539, Pt. N, §40 (AMD).]

The director must be a person qualified by training and experience with human services or by satisfactory experience of a comparable nature in the direction, organization and administration of public or private human services. The director must be immediately and fully responsible to the commissioner and may not be partially or indirectly responsible to any other official of the department. [PL 2023, c. 405, Pt. A, §72 (AMD).]

The director shall serve full time in a position that is separate from and not integrated in any way with another position in the department. The director may not concurrently hold another title and shall perform duties solely germane to the powers and duties pursuant to this Part and Part 2 . [RR 2021, c. 2, Pt. B, §213 (COR).]

The director has full authority and responsibility for administering all the powers and duties of the bureau provided in section 5310, subject to the direction of the commissioner and except as otherwise provided in section 6108. [PL 2023, c. 405, Pt. A, §72 (AMD).]

The director shall assume and discharge all responsibilities vested in the bureau. The director may not in any case assign to another unit of the department that is not responsible to the director any power or duty granted to the bureau by statute, or by rules or procedures adopted pursuant to this Part and Part 2 . [RR 2021, c. 2, Pt. B, §214 (COR).]

The director may employ, subject to the Civil Service Law and within the limits of available funds, competent professional personnel and other staff necessary to carry out the purposes of this Part and Part 2. The director shall prescribe the duties of the staff and assign a sufficient number of staff full time to the bureau to achieve its powers and duties. Regarding the provision of human services by the bureau directly to eligible people, the director may arrange to house staff or assign staff who are responsible to the director to regional or other units of the department or State Government. Regarding the development, execution and monitoring of agreements, the director may not house nor assign staff to any other unit of the department or State Government. Such staff shall report solely and directly to the director. [PL 2023, c. 405, Pt. A, §72 (AMD).]
22 M.R.S. § 7858 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7858
22 §7858. Certain residential care payments
Status: in_force

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 [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]

2. Facilities with 5 or 6 beds. Reimburse all residential care facilities of 5 or 6 beds whose residents do not have severe mental or physical dysfunction or disability on a flat rate basis of at least $601 per month. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
22 M.R.S. § 4001 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4001
22 §4001. Title
Status: in_force

This chapter may be cited as the "Child and Family Services and Child Protection Act." [PL 1979, c. 733, §18 (NEW).]