22 M.R.S. § 4311 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4311
22 §4311. State reimbursement to municipalities; reports
Status: in_force

1. Departmental reimbursement. When a municipality incurs net general assistance costs in any fiscal year prior to July 1, 2015 in excess of .0003 of that municipality's most recent state valuation relative to the state fiscal year for which reimbursement is being issued, as determined by the State Tax Assessor in the statement filed as provided in Title 36, section 381 , the Department of Health and Human Services shall reimburse the municipality for 90% of the amount in excess of these expenditures when the department finds that the municipality has been in compliance with all requirements of this chapter. If a municipality elects to determine need without consideration of funds distributed from any municipally-controlled trust fund that must otherwise be considered for purposes of this chapter, the department shall reimburse the municipality for 66 2/3% of the amount in excess of such expenditures when the department finds that the municipality has otherwise been in compliance with all requirements of this chapter. The department shall reimburse each municipality and each Indian tribe 70% of the direct costs incurred by that municipality or tribe on or after July 1, 2015 for the general assistance program granted by that municipality or tribe. For the purposes of this subsection, "Indian tribe" has the same meaning as in section 411, subsection 8‑A . [PL 2015, c. 267, Pt. SSSS, §1 (AMD).]

1-A. Municipalities reimbursed. When a municipality pays for expenses approved pursuant to section 4313 for hospital inpatient or outpatient care at any hospital on behalf of any person who is otherwise eligible and who would have been entitled to receive payments for hospital care if that care had been rendered prior to May 1, 1984, for services under the Catastrophic Illness Program, section 3185 , the department shall reimburse the municipality for 100% of those payments. [PL 1995, c. 696, Pt. A, §39 (AMD).]

1-B. Reimbursement for administrative expenses. The department shall reimburse each municipality for the costs of a portion of the direct costs of paying benefits incurred prior to July 1, 2015 through its general assistance program if the department finds that the municipality was in compliance with all requirements of this chapter during the fiscal year for which reimbursement is sought. The amount of reimbursement to each municipality must be an amount equal to: A. Fifty percent of all general assistance granted by that municipality below the .0003% of all state valuation amount; or [PL 1991, c. 9, Pt. U, §8 (AMD).] B. Ten percent of all general assistance granted. [PL 1991, c. 9, Pt. U, §8 (AMD).] Each municipality shall elect to be reimbursed under paragraph A or B at the beginning of the fiscal year for which reimbursement is sought. Notwithstanding any other provision of law, this subsection takes effect on July 1, 1989. [PL 2015, c. 267, Pt. SSSS, §1 (AMD).]

1-C. Indian tribe reimbursement. The department shall reimburse each Indian tribe for the costs of a portion of the direct costs of paying benefits through its general assistance program if the department finds that the Indian tribe was in compliance with all requirements of this chapter during the fiscal year for which those benefits are sought. The amount of reimbursement must be calculated for each fiscal year by adding 10% of all general assistance granted up to the threshold amount to 100% of all general assistance granted above the threshold amount. For the purposes of this subsection, "Indian tribe" has the same meaning as in section 411, subsection 8‑A . For purposes of this subsection, "threshold amount" means 0.0003 of the Indian tribe’s most recent state valuation, as determined by the State Tax Assessor in the statement filed as provided in Title 36, section 381 , relative to the year for which reimbursement is being issued. [PL 2013, c. 368, Pt. OO, §10 (NEW).]

1-D. Reimbursement for large recovery residences. The department shall reimburse each municipality for housing assistance provided to or on behalf of a person residing in a recovery residence, as described in section 4309, subsection 6, with occupancy of 26 or more beds, in an amount equal to 100% of housing assistance granted to that individual. [PL 2025, c. 449, §2 (NEW).]

2. Submission of reports. Each municipality shall report on a schedule determined by the department through rulemaking the direct cost of paying benefits through the general assistance program on forms for reimbursement provided by the department. A. [PL 2015, c. 267, Pt. SSSS, §1 (RP).] B. [PL 2015, c. 267, Pt. SSSS, §1 (RP).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 267, Pt. SSSS, §1 (AMD).]

3. Claims. The Department of Health and Human Services may refuse to accept and pay any claim for reimbursement that is not submitted by a municipality to the department within 90 days of the payment on which that claim is based or at the end of the reporting period for which reimbursement is sought unless just cause exists for failure to file a timely claim. [PL 1991, c. 9, Pt. U, §10 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2622 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2622
22 §2622. Classification of public water systems and parts thereof
Status: in_force

The board, with the advice of the department, shall classify all community public water systems, all nontransient, noncommunity public water systems, all public water systems utilizing surface water and the water treatment plants or collection, treatment, distribution or storage facilities or structures that are part of a system with due regard to the size and type of facilities, the character of water to be treated and any other physical conditions affecting such system or part thereof and specify the qualifications the operator of the system or of a part of a system must have to supervise successfully the operation of the system or parts thereof so as to protect the public health or prevent nuisance conditions. [PL 2011, c. 45, §1 (AMD).]

The board, with the advice of the department, shall establish the criteria and conditions for the classification of public water systems and water treatment plants or collection, treatment or storage facilities or structures that are part of a system. [PL 1997, c. 705, §11 (AMD).]

The commissioner, with the advice of the board, may establish classes of public water supply systems that do not require licensed individuals as operators. [PL 1997, c. 705, §11 (AMD).]
22 M.R.S. § 1319-D — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1319-D
22 §1319-D. Laboratory testing
Status: in_force

1. Laboratories. Except as provided in subsection 2 , a blood sample taken from a child by a health care provider or laboratory to test for blood lead level must be sent to the Health and Environmental Testing Laboratory for analysis. [PL 2011, c. 183, §3 (NEW).]

2. Facilities approved by the department. The department may approve the following facilities to test for blood lead level as long as the facility can perform in-office blood lead analyses for purposes of improving blood lead screening and the facility has demonstrated the ability to electronically submit all blood lead testing results and associated information to the department: A. A Head Start facility; and [PL 2011, c. 183, §3 (NEW).] B. A health care provider, health care facility or clinic that dispenses benefits of the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966. [PL 2011, c. 183, §3 (NEW).] [PL 2011, c. 183, §3 (NEW).]

3. Rules. The department shall adopt rules regarding blood lead testing conducted by: A. The Health and Environmental Testing Laboratory; [PL 2011, c. 183, §3 (NEW).] B. Health care providers, health care facilities and clinics that dispense benefits of the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966; and [PL 2011, c. 183, §3 (NEW).] C. Head Start facilities. [PL 2011, c. 183, §3 (NEW).] [PL 2011, c. 183, §3 (NEW).]

4. Fees; dedicated account; uses. Whenever possible when a blood lead test is performed by the Health and Environmental Testing Laboratory, the laboratory shall bill 3rd-party payors for services provided under this section and shall deposit all fees received into the Health and Environmental Testing Laboratory dedicated account. The Health and Environmental Testing Laboratory shall use the funds to: A. Administer a child blood and environmental lead testing program that includes processing, analyzing and reporting child blood lead samples and materials that may contain lead; and [PL 2011, c. 183, §3 (NEW).] B. Gather data and report laboratory results. [PL 2011, c. 183, §3 (NEW).] [PL 2011, c. 183, §3 (NEW).]
22 M.R.S. § 4004 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4004
22 §4004. Authorizations
Status: in_force

1. General. The department may take appropriate action, consistent with available funding, that will help prevent child abuse and neglect and achieve the goals of section 4003 and subchapter XI‑A , including: A. Developing and providing services which: (1) Support and reinforce parental care of children; (2) Supplement that care; and (3) When necessary, substitute for parental care of children; [PL 1979, c. 733, §18 (NEW).] B. Encouraging the voluntary use of these and other services by families and children who may need them; [PL 1979, c. 733, §18 (NEW).] C. Cooperating and coordinating with other agencies, facilities or persons providing related services to families and children throughout the period of time the department is involved with a family and child; [PL 2021, c. 110, §1 (AMD).] D. Establishing and maintaining a Child Protective Services Contingency Fund, which is a nonlapsing fund, to provide temporary assistance to families to help them provide proper care for their children; [PL 2023, c. 447, §1 (AMD).] E. Establishing a child death and serious injury review panel for reviewing deaths and serious injuries to children. The panel consists of the following members: the Chief Medical Examiner, a pediatrician, a public health nurse, forensic and community mental health clinicians, law enforcement officers, departmental child welfare staff, district attorneys, criminal or civil assistant attorneys general and the ombudsman pursuant to section 4087‑A or a designee of the ombudsman. The purpose of the panel is to recommend to state and local agencies methods of improving the child protection system, including modifications of statutes, rules, policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The panel shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters at least every 3 months. The panel may submit a combined report with the child welfare advisory panel established in section 4010‑D or any judicial branch task force or panel with a focus on the child welfare system or child protective proceedings. Any presentation of the report to the committee must be presented by the citizen members of the panels to the extent possible. Each quarterly report must contain, at a minimum, the following: (1) A summary of generalized and anonymized observations in the prior 3-month period regarding efforts by the Office of Child and Family Services to improve the child welfare system; (2) A summary of the collaboration between the child welfare advisory panel and the child death and serious injury review panel as well as any judicial branch task force or panel with a focus on the child welfare system or child protective proceedings; and (3) Any recommendations on how to further protect the State's children through department policy and rulemaking and through legislation; [PL 2023, c. 261, §1 (AMD).] F. Investigating suspicious child deaths. An investigation under this paragraph is subject to and may not interfere with the authority and responsibility of the Attorney General to investigate and prosecute homicides pursuant to Title 5, section 200‑A ; and [PL 2017, c. 473, §2 (AMD).] G. Requesting and receiving confidential criminal history record information, as defined by Title 16, section 703, subsection 2 , from the Department of Public Safety and public criminal history record information, as defined by Title 16, section 703, subsection 8 . [PL 2017, c. 473, §3 (NEW).] [PL 2023, c. 261, §1 (AMD); PL 2023, c. 447, §1 (AMD).]

2. Duties. The department shall act to protect abused and neglected children and children in circumstances that present a substantial risk of abuse and neglect, to prevent further abuse and neglect, to enhance the welfare of these children and their families and to preserve family life wherever possible. The department shall: A. Receive reports of abuse and neglect and suspicious child deaths; [PL 2007, c. 586, §5 (AMD).] B. Promptly investigate all abuse and neglect cases and suspicious child deaths coming to its attention or, in the case of out-of-home abuse and neglect investigations, the department shall act in accordance with subchapter 18 ; [PL 2023, c. 248, §2 (AMD).] B-1. Establish and maintain a policy that requires, to the greatest extent possible under applicable federal and state confidentiality laws, that caseworkers receive information throughout the period of time the department is involved with a family and child directly from any agencies, facilities or persons involved with or providing services to the family and child in order to: (1) Coordinate adequate access to resources for a family and child; and (2) Inform the ongoing risk and safety assessment of the child; [PL 2021, c. 110, §2 (NEW).] C. [PL 2009, c. 558, §1 (RP).] C-1. Determine in each case investigated under paragraph B whether or not a child has been harmed and the degree of harm or threatened harm by a person responsible for the care of that child by deciding whether allegations are unsubstantiated, indicated or substantiated. Each allegation must be considered separately and may result in a combination of findings. The department shall adopt rules that define "unsubstantiated," "indicated" and "substantiated" findings for the purposes of this paragraph and that specify an individual's rights to appeal the department's findings. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A ; [PL 2009, c. 558, §2 (NEW).] D. [PL 2001, c. 559, Pt. CC, §1 (RP).] E. If, after investigation, the department does not file a petition under section 4032 but does open a case to provide services to the family to alleviate child abuse and neglect in the home, assign a caseworker, who shall: (1) Provide information about rehabilitation and other services that may be available to assist the family; and (2) Develop with the family a written child and family plan. The child and family plan must identify the problems in the family and the services needed to address those problems; must describe responsibilities for completing the services, including, but not limited to, payment for services, transportation and child care services and responsibilities for seeking out and participating in services; and must state the names, addresses and telephone numbers of any relatives or family friends known to the department or parent to be available as resources to the family. The child and family plan must be reviewed every 6 months, or sooner if requested by the family or the department; [PL 2007, c. 586, §7 (AMD).] F. File a petition under section 4032 if, after investigation, the department determines that a child is in immediate risk of serious harm or in jeopardy as defined in this chapter; [PL 2023, c. 518, §1 (AMD).] G. In the case of a suspicious child death, determine: (1) Whether abuse or neglect was a cause or factor contributing to the child's death; and (2) The degree of threatened harm to any other child for whom the person or persons responsible for the deceased child may be responsible now or in the future; and [PL 2023, c. 518, §2 (AMD).] H. If an allegation of abuse or neglect against a parent or legal guardian of the child is investigated, collect information concerning the military status of the parent or legal guardian who is the subject of the allegation and share information about the allegation with the appropriate military authorities. [PL 2023, c. 518, §3 (NEW).] [PL 2023, c. 518, §§1-3 (AMD).]

3. Objection of parent. Except as specifically authorized by law, a person may not take charge of a child over the objection of the child's parent or custodian. [RR 2021, c. 2, Pt. B, §179 (COR).]
22 M.R.S. § 773 — ME Code / Title 22 / Subtitle 2 / Chapter 165 / Section 773
22 §773. Lead agency
Status: in_force

The division is the lead agency having primary responsibility for programs related to radon and associated radiological concerns. The division shall register firms, including listed facilities, and individuals who test for the presence of radon or associated radiological concerns or who provide consulting, construction or other remedial services for reducing the levels of radon or associated radiological concerns. The division may facilitate functions including, but not limited to, education, funding, liaison, technology transfer and training with the United States Environmental Protection Agency or other federal or state agencies. The division also serves as an information clearinghouse for radon and associated radiological concerns by maintaining records and disseminating information to educate the public about radon, describing technical assistance programs and interpreting test results as appropriate. [PL 1989, c. 657, §1 (NEW).]
22 M.R.S. § 2150-F — ME Code / Title 22 / Subtitle 2 / Chapter 423 / Section 2150-F
22 §2150-F. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 231, §1 (NEW).]

1. Administer. "Administer" means to apply an epinephrine autoinjector directly to a human body. [PL 2015, c. 231, §1 (NEW).]

2. Authorized entity. "Authorized entity" means any entity, organization or place of employment, other than a school under Title 20-A, section 6305 , in connection with or at which allergens capable of causing anaphylaxis may be present, including but not limited to recreation camps, colleges, universities, day care facilities, youth sports leagues, amusement parks, restaurants and sports arenas. [PL 2015, c. 231, §1 (NEW).]

3. Epinephrine autoinjector. "Epinephrine autoinjector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into a human body or another single-use epinephrine delivery system approved by the federal Food and Drug Administration for public use. [PL 2019, c. 560, §3 (AMD).]

4. Health care practitioner. "Health care practitioner" means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. [PL 2015, c. 231, §1 (NEW).]
22 M.R.S. § 1721 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1721
22 §1721. Prohibition on payment for health care facility mistakes or preventable adverse events
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Health care facility" means a hospital or ambulatory surgical center licensed under chapter 405 . [PL 2007, c. 605, §1 (NEW).] B. "Mistake or preventable adverse event" means any of the following events that is within the health care facility's control to avoid: (1) Surgery performed on the wrong body part; (2) Surgery performed on the wrong patient; (3) The wrong surgical procedure performed on a patient; (4) Unintended retention of a foreign object in a patient after surgery or another procedure; (5) Intraoperative or immediately postoperative preventable death of a patient classified as a normal healthy patient under guidelines published by a national association of anesthesiologists; (6) Patient death or serious disability caused by the use of contaminated drugs, devices or biologics provided by a hospital or ambulatory surgical center; (7) Patient death or serious disability caused by the use or function of a device in patient care in which the device is used for functions other than as intended; (8) Patient death or serious disability caused by an intravascular air embolism that occurs while being cared for in a health care facility; (9) An infant's being discharged to the wrong person; (10) Patient death or serious disability caused by a patient's elopement for more than 4 hours; (11) Patient suicide or attempted suicide resulting in serious disability while being cared for in a health care facility; (12) Patient death or serious disability caused by a medication error such as an error involving the wrong drug, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation or wrong route of administration; (13) Patient death or serious disability caused by a hemolytic reaction due to the administration of incompatible blood or blood products; (14) Maternal death or serious disability caused by labor or delivery in a low-risk pregnancy, labor and delivery while being cared for in a health care facility; (15) Patient death or serious disability caused by hypoglycemia, the onset of which occurs while the patient is being cared for in a health care facility; (16) Death or serious disability caused by failure to identify and treat hyperbilirubinemia in neonates prior to discharge; (17) Stage 3 or 4 pressure ulcers acquired after admission to a health care facility; (18) Patient death or serious disability due to spinal manipulative therapy; (19) Patient death or serious disability caused by an electric shock while being cared for in a health care facility; (20) Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by toxic substances; (21) Patient death or serious disability caused by a burn incurred from any source while being cared for in a health care facility; (22) Patient death caused by a fall by a patient who was or should have been identified as requiring precautions due to risk of falling while being cared for in a health care facility; (23) Patient death or serious disability caused by the use of restraints or bedrails while being cared for in a health care facility; (24) Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist or other licensed health care provider; (25) Abduction of a patient of any age; (26) Sexual assault of a patient within a health care facility; (27) Death or significant injury of a patient resulting from a physical assault that occurs within a health care facility; and (28) Artificial insemination with the wrong donor sperm or donor egg. [PL 2007, c. 605, §1 (NEW).] [PL 2007, c. 605, §1 (NEW).]

2. Prohibition. A health care facility is prohibited from knowingly charging a patient or the patient's insurer or the patient's employer as defined in Title 39‑A, section 102, subsection 12 for health care services it provided as a result of or to correct a mistake or preventable adverse event caused by that health care facility. [PL 2009, c. 31, §1 (AMD).]

3. Patient education. A health care facility is required to inform patients of the prohibition on payment for health care facility mistakes or preventable adverse events. [PL 2007, c. 605, §1 (NEW).] Revisor's Note: §1721. Voluntary restraint (As enacted by PL 2007, c. 629, Pt. C, §1 is REALLOCATED TO TITLE 22, SECTION 1722)
22 M.R.S. § 1820-A — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1820-A
22 §1820-A. Right of entry and inspection of nursing homes and boarding homes
Status: in_force

The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules and regulations in force pursuant thereto. Such right of entry and inspection shall extend to any premises which the department has reason to believe is being operated or maintained as a nursing home without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the District Court authorizing the same. Any application for a nursing home license made pursuant to this chapter shall constitute permission for and complete acquiescence in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with such application. [PL 1975, c. 719, §3 (AMD).]

1. Subpoenas. The commissioner, the commissioner's delegate or the legal counsel for the department may issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a credible allegation of licensure violations, including, but not limited to, health care information that is confidential under section 1711‑C . The department may apply to the District Court to enforce a subpoena. A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department. [PL 2025, c. 236, §3 (NEW).]

2. Confidentiality. Information or records obtained by subpoena must be treated in accordance with section 1828 . [PL 2025, c. 236, §4 (NEW).]
22 M.R.S. § 1812-H — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-H
22 §1812-H. Participation in the Medicare health insurance for the aged program
Status: in_force

1. Medicare. Any nursing facility that participates in the Medicaid program must participate in the Medicare health insurance for the aged program as a skilled nursing facility. [PL 1993, c. 410, Pt. FF, §4 (AMD).]

2. Compliance. Any nursing facility required to participate in the Medicare health insurance for the aged program shall: A. File an application to become a Medicare provider by January 1, 1994; [PL 1993, c. 410, Pt. FF, §5 (AMD).] B. Follow required federal procedures for certification and become certified within 90 days of the department's recommendation for certification; [PL 1991, c. 622, Pt. M, §10 (NEW).] C. Submit an annual application for Medicare participation at the same time applications for licensure and Medicaid certification are due; and [PL 1991, c. 622, Pt. M, §10 (NEW).] D. Participate in the Medicare program by billing Medicare for care provided to eligible recipients prior to billing Medicaid. [PL 1991, c. 622, Pt. M, §10 (NEW).] [PL 1993, c. 410, Pt. FF, §5 (AMD).]

2-A. Rules. The department shall adopt rules to implement this section. The rules must consider the unique needs of different parts of the State. Nursing facilities in different parts of the State may be required to certify different numbers or percentages of beds depending on the number of Medicare recipients in those areas, the number of patients in hospitals who are waiting for nursing facility admission and other relevant demographic information. Nothing in this subsection prohibits the department from requiring all nursing facilities to certify all of their beds as Medicare skilled nursing facility beds. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 324, §3 (AMD).]

2-B. Implementation. Notwithstanding any provision of this section to the contrary, a nursing facility may decline to admit a prospective resident after an evaluation of the person's clinical condition and related care needs and a determination that the facility lacks qualified staff to meet the level of care required for that person. A nursing facility is not subject to penalty or sanction for declining to admit a prospective resident under this subsection. Nothing in this subsection affects the obligation of a nursing facility to provide care specific to the needs of residents of the facility. [PL 2001, c. 600, §1 (NEW).]

3. Sanctions. Failure to comply with any of the provisions listed in this section may result in the imposition of a penalty. The department may impose a penalty of not less than $100 per bed per day and not more than $5,000 per day for failure to comply with any of these provisions. This penalty must be imposed for each day a facility fails to comply with subsection 2, paragraph D . A repeated failure to comply with a provision results in fines of not less than $200 per bed per day and not more than $10,000 per day. The imposition and collection of these penalties are governed by section 7946 . [PL 2007, c. 324, §3 (AMD).]
22 M.R.S. § 1447 — ME Code / Title 22 / Subtitle 2 / Chapter 257-B / Section 1447
22 §1447. Lead agency for monitoring mosquito-borne diseases; declaring a public health threat
Status: in_force

The department is the lead agency for monitoring for mosquito-borne diseases in the State and determining the severity of the threat to the public health. The Maine Center for Disease Control and Prevention shall create and maintain an arboviral illness surveillance, prevention and response plan for the purposes of alerting the public and other state, local and federal agencies about the existence of the threat so that appropriate actions may be taken. When available surveillance information indicates a strong likelihood of a human disease outbreak arising from mosquito-borne pathogens, the commissioner may declare a mosquito-borne disease public health threat in accordance with the Maine Center for Disease Control and Prevention arboviral illness surveillance, prevention and response plan. For purposes of this section, the department shall collaborate with the Department of Agriculture, Conservation and Forestry. [PL 2013, c. 548, §2 (NEW).]
22 M.R.S. § 4018 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4018
22 §4018. Abandoned child; safe haven provider
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Medical services provider" means an individual certified, registered or licensed in the healing arts, including, but not limited to, a physician, nurse, podiatrist, optometrist, chiropractor, physical therapist, dentist, psychologist, physician associate or emergency medical services person. [RR 2025, c. 1, Pt. B, §5 (COR).] A-1. "Safe haven baby box" means a device or container to safely accept delivery of a child less than 31 days of age that is: (1) Voluntarily installed by a medical services provider, law enforcement agency or fire department; (2) Physically located inside a hospital, law enforcement facility or fire department facility that is staffed 24 hours a day by a medical services provider; (3) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency or fire department; and (4) In compliance with requirements adopted by rule by the department, including, but not limited to, a requirement that the device or container be equipped with an alarm that notifies the hospital, law enforcement agency or fire department where the device or container is located and a public safety answering point as defined in Title 25, section 2921, subsection 7 when a child is placed in the device or container. [PL 2021, c. 466, §2 (NEW).] B. "Safe haven provider" means: (1) A law enforcement officer; (2) Staff at a medical emergency room; (3) A medical services provider; (4) A hospital staff member at a hospital; (5) A firefighter; or (6) A person staffing a facility with a safe haven baby box. [PL 2021, c. 466, §3 (AMD).] [RR 2025, c. 1, Pt. B, §5 (COR).]

2. Request for information. A person who voluntarily delivers a child less than 31 days of age to a safe haven provider and who does not express an intent to return for the child may be requested to provide information helpful to the welfare of the child. The person who accepts a child under this section may not detain the person delivering the child to obtain information. [PL 2001, c. 543, §2 (NEW).]

3. Action by safe haven provider; guidelines. A safe haven provider who accepts a child under this section shall promptly notify the department of the delivery of the child, transfer the child to the department at the earliest opportunity and provide to the department all information provided by the person delivering the child to the safe haven provider. The department shall establish guidelines to assist safe haven providers concerning procedures when a child is delivered to a safe haven provider under this section. [PL 2001, c. 543, §2 (NEW).]

4. Confidentiality. All personally identifiable information provided by the person delivering the child to a safe haven provider is confidential and may not be disclosed by the safe haven provider to anyone except to the extent necessary to provide temporary custody of the child until the child is transferred to the department and except as otherwise provided by court order. All health care or other information obtained by a safe haven provider in providing temporary custody of the child may also be provided to the department upon request. [PL 2001, c. 543, §2 (NEW).]

5. Liability. A person or entity who accepts a child under this section or provides temporary custody of a child accepted under this section is not subject to civil, criminal or administrative liability for accepting the child or providing temporary custody of the child in the good faith belief that the action is required or authorized by this section. This subsection does not affect liability for personal injury or wrongful death, including, but not limited to, injury resulting from medical malpractice. [PL 2001, c. 543, §2 (NEW).]

6. Rules. The department shall adopt rules to ensure the safe design, installation and use of each safe haven baby box before it may be put into service by a hospital, law enforcement agency or fire department. Rules adopted under this subsection are routine technical rules for the purposes of Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 466, §4 (NEW).]
22 M.R.S. § 3740-D — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3740-D
22 §3740-D. Early childhood integrated data system
Status: in_force

This section governs data collection and reporting relating to an early childhood integrated data system. [PL 2023, c. 412, Pt. VVV, §9 (NEW).]

1. Data collection. To the extent permissible under state and federal laws governing early childhood programs and privacy and confidentiality, the department shall develop and maintain an early childhood integrated data system to integrate data from early childhood programs across state agencies, including, but not limited to, the department, the Department of Education and the Department of Labor. The early childhood integrated data system must be designed to inform decisions about early childhood programs and policies that will promote access, quality and a strong workforce to support children up to 5 years of age and their families. [PL 2023, c. 412, Pt. VVV, §9 (NEW).]

2. Report. No later than January 15, 2024, and biennially thereafter, the commissioner shall submit a report to the joint standing committee of the Legislature having jurisdiction over early childhood programs that includes an update on the development and implementation of an early childhood integrated data system. [PL 2023, c. 412, Pt. VVV, §9 (NEW).]
22 M.R.S. § 2172 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2172
22 §2172. Fines and penalties
Status: in_force

1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter, or rules enacted pursuant to this chapter, occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the public health. A. The department may impose penalties for violations of this chapter, or the rules adopted pursuant to this chapter, on any food establishment or food salvage establishment. The penalties may not be greater than $50 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules. [PL 1991, c. 837, Pt. A, §49 (NEW).] B. The department may direct a food establishment or food salvage establishment to correct any violations in a manner and within a time frame that the department determines is appropriate to ensure compliance with state rules or to protect the public health. Failure to correct violations within the time frame constitutes a separate violation for which a fine may be imposed. [PL 1991, c. 837, Pt. A, §49 (NEW).] C. A person, corporation, firm or copartnership may not operate a food establishment or food salvage establishment without first obtaining a license as required by this chapter. Violation of this paragraph is a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged. Each day of operation without a license constitutes a separate offense. [PL 2003, c. 452, Pt. K, §16 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] C-1. A person, corporation, firm or copartnership may not operate a food establishment or food salvage establishment without first obtaining a license as required by this chapter after having previously violated paragraph C . Violation of this paragraph is a civil violation for which a fine of not less than $100 may be adjudged. Each day of operation without a license constitutes a separate offense. [PL 2003, c. 452, Pt. K, §17 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. In the event of any violation of this section or any rule adopted pursuant to this chapter, the Attorney General may seek to enjoin a further violation, in addition to any other remedy. [PL 1991, c. 837, Pt. A, §49 (NEW).] [PL 2003, c. 452, Pt. K, §§16, 17 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Schedule of penalties. The department shall establish a schedule of penalties according to the nature and duration of the violation. [PL 1991, c. 837, Pt. A, §49 (NEW).]

3. Enforcement and appeal. Enforcement and appeal of this section is as follows. A. The department may impose any fine in conformity with the Title 5, chapter 375, subchapter IV , if the department has provided the licensee with the opportunity for an administrative hearing. [PL 1991, c. 837, Pt. A, §49 (NEW).] B. Licensees that are fined pursuant to this chapter are required to pay the department the amount of the penalties. If a licensee has not paid any collectible fine by the time of license renewal, the department may collect the fine by requiring payment prior to the processing of any license renewal application. An appeal of the department's decision to fine a licensee stays the collection of the fine. Interest accrues on a fine at the rate specified in Title 14, section 1602‑B prior to the completion of any appeal. After the completion of any appeal process or after any appeal period has passed, interest accrues pursuant to Title 14, section 1602‑C . [PL 2003, c. 460, §10 (AMD).] [PL 2003, c. 460, §10 (AMD).]
22 M.R.S. § 3174-Q — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-Q
22 §3174-Q. Medicaid stability
Status: in_force

1. Legislative authorization. Except as provided in subsection 2 , the department, in its administration of the Medicaid program and the federal State Children's Health Insurance Program or any successor program, shall obtain authorization from the Legislature by proper enactment of law before: A. Implementing changes in eligibility for the Medicaid program that are reasonably likely to cause a decrease in excess of 10% in the percentages of enrollment in any covered group during any year or over any 5-year period unless individuals losing eligibility in a covered group are eligible in any other covered group with substantially similar or greater coverage; [PL 2019, c. 266, §1 (NEW).] B. Eliminating, having the effect of significantly limiting or significantly reducing eligibility for a category of service covered under the Medicaid program or the federal State Children's Health Insurance Program without comparable service provided in its place; [PL 2019, c. 266, §1 (NEW).] C. Accepting a block grant or any other fundamental alteration in the method of federal funding for the Medicaid program that could result in a substantial decrease in total funding for the program; or [PL 2019, c. 266, §1 (NEW).] D. Applying for or amending a waiver, including a waiver pursuant to Section 1115 of the Social Security Act, or adopting a state plan amendment that could significantly reduce the scope of services of or eligibility for the Medicaid program or the federal State Children's Health Insurance Program. [PL 2019, c. 266, §1 (NEW).] [PL 2019, c. 266, §1 (RPR).]

2. Exceptions in the event of federal law changes. If an action must be taken by the department to comply with federal law and obtaining authorization from the Legislature cannot be achieved timely to comply with federal requirements, the department may act only to the extent necessary to achieve compliance with federal law, pending further action of the Legislature under this section. [PL 2019, c. 266, §1 (RPR).]

3. Failure to comply. A person may not be denied eligibility for the Medicaid program or the federal State Children's Health Insurance Program as the result of a change to those programs as described in subsections 1 and 2 if the department failed to comply with this section. [PL 2019, c. 266, §1 (NEW).]
22 M.R.S. § 2660-BB — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-BB
22 §2660-BB. Bottled water testing, reporting and sale requirements
Status: in_force

A bottler shall comply with the provisions of this section. [PL 2023, c. 330, §1 (NEW).]

1. Initial testing. A bottler shall conduct initial testing for the level of PFAS applicable to a community water system detectable using standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling. A bottler shall conduct testing under this subsection for all regulated PFAS contaminants and additional PFAS included in the list of analytes in the standard laboratory methods established by the United States Environmental Protection Agency applicable to community water systems in effect at the time of sampling. [PL 2023, c. 330, §1 (NEW).]

2. Subsequent monitoring. After completion of initial testing as required by subsection 1 , a bottler shall conduct continued monitoring for the presence of regulated PFAS contaminants in water bottled by the bottler according to this subsection. A. If initial testing under subsection 1 or testing under this paragraph detects the presence of any regulated PFAS contaminants individually or in combination at or above the standard applicable to a community water system, the bottler shall conduct continued quarterly testing until regulated PFAS contaminants are mitigated to the standard applicable to a community water system. [PL 2023, c. 330, §1 (NEW).] B. If initial testing under subsection 1 detects the presence of any regulated PFAS contaminants at or above each analyte's lowest concentration minimum reporting level as specified in the standard laboratory methods established by the United States Environmental Protection Agency applicable to community water systems in effect at the time of sampling, either individually or in combination with other detected regulated PFAS contaminants, the bottler shall conduct continued testing annually. [PL 2023, c. 330, §1 (NEW).] [PL 2023, c. 330, §1 (NEW).]

3. Reporting. A bottler shall: A. Report the results of testing required by this section to the department in the same manner as a community water system is required to report under department rule; and [PL 2023, c. 330, §1 (NEW).] B. Post the results of testing required by this section on a publicly accessible website. The posted information must include the source of the water tested, the date the water was tested and the level of regulated PFAS contaminants present in the water or a statement that the water is free from regulated PFAS contaminants. [PL 2023, c. 330, §1 (NEW).] [PL 2023, c. 330, §1 (NEW).]

4. Sale of bottled water. A bottler may not sell bottled water in this State that contains a regulated PFAS contaminant in an amount that exceeds the standard applicable to a community water system, either under a standard set by this State or a federal standard, whichever requires a lower level of the contaminant. [PL 2023, c. 330, §1 (NEW).]

5. Enforcement. The department may enforce the requirements of this section in the same manner as for a violation of subchapter 2 . A bottler may appeal the acts or decisions of the department under this section in the same manner as described in subchapter 2‑A . [PL 2023, c. 330, §1 (NEW).]

6. Department website. The department shall post the testing results received as required by subsection 2 on a publicly accessible website. [PL 2023, c. 330, §1 (NEW).]

7. Rules. The department shall adopt rules to implement this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 330, §1 (NEW).]
22 M.R.S. § 7925 — ME Code / Title 22 / Subtitle 6 / Chapter 1666 / Section 7925
22 §7925. Discharges and transfers
Status: in_force

Long-term care facilities which receive public funds may not discharge or transfer any person solely based on a change in their source of payment. [PL 1981, c. 445 (NEW).]
22 M.R.S. § 815 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 815
22 §815. Privileged or confidential communications
Status: in_force

1. Privileges abrogated. Subject to the limitations imposed by United States Code, Title 42, Sections 290dd-3 and 290ee-3, the physician-patient and psychotherapist-patient privileges under the Maine Rules of Evidence and those confidential communications described under Title 5, section 19203 , Title 24‑A, section 4224 , Title 32, section 7005 and Title 34‑B, section 1207 are abrogated to the extent necessary to permit reporting to the Bureau of Health any incidents of notifiable disease or condition; cooperating with the Bureau of Health or an intervention team appointed by the Bureau of Health in investigating a case of a notifiable disease or condition or suspected epidemic, or taking preventive action in such a case; or giving evidence in a proceeding pursuant to this chapter. Information released to the bureau pursuant to this section must be kept confidential and may not be disclosed by the bureau except as provided in section 824 and Title 5, section 19203, subsection 8 . [PL 2005, c. 383, §13 (AMD).]

2. Limitation. Statements made to a licensed mental health or medical professional in the course of counseling, diagnosis, therapy, treatment or evaluation when the privilege is abrogated under this section may not be used against the client in a criminal proceeding. [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 2660-T — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-T
22 §2660-T. Uniform testing recommendation; specified contaminants and properties
Status: in_force

The department shall develop a uniform recommendation for the testing for specific contaminants or properties for which residential private drinking water wells should periodically be tested. The uniform recommendation must specify contaminants or properties that should be included in the periodic testing, including but not limited to arsenic, bacteria, nitrates, nitrites, chloride, hardness, copper, iron, pH, sodium, lead, uranium, manganese, fluoride and radon, unless the department determines that testing for a contaminant or property listed in this section is not necessary based on previous test results or credible scientific evidence. The department or an entity that provides testing of or provides education or advertisements related to testing of a residential private drinking water well shall include the uniform recommendation developed by the department pursuant to this section in its written materials related to testing of a residential private drinking water well. [PL 2017, c. 230, §3 (NEW).]
22 M.R.S. § 2430-D — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430-D
22 §2430-D. Collectives prohibited
Status: in_force

Collectives are prohibited under this chapter. A person may not form or participate in a collective. For purposes of this section, "collective" means an association, cooperative, affiliation or group of caregivers who physically assist each other in the act of cultivation, processing or distribution of cannabis for medical use for the benefit of the members of the collective. The following relationships are not collectives and are not prohibited: [PL 2023, c. 679, Pt. A, §20 (AMD).]

1. Caregivers assisting for the benefit of a mutual qualifying patient. Two caregivers to the extent the relationship is to: A. Consult with each other to assist the same qualifying patient; [PL 2017, c. 452, §24 (NEW).] B. Refer a qualifying patient to a caregiver to obtain specialized cannabis plants or harvested cannabis; [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] C. Obtain specialized cannabis plants or harvested cannabis from another caregiver to assist the same qualifying patient; or [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] D. Transfer harvested cannabis pursuant to section 2423‑A, subsection 2, paragraph K ; [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 452, §24 (NEW); PL 2021, c. 669, §5 (REV).]

2. Employer and assistant, family members or members of the same household. Two caregivers to the extent the relationship is as employer and assistant, members of the same family or members of the same household; [PL 2023, c. 679, Pt. A, §21 (AMD).]

3. Caregivers sharing common areas. Any number of caregivers who are operating separately and occupying separate spaces within a common facility to engage in activities authorized pursuant to the provisions of this chapter, even if they also share utilities or common areas, including but not limited to storage areas and building facilities, and who do not share cannabis plants or harvested cannabis resulting from the cultivation of those plants; or [PL 2023, c. 679, Pt. A, §22 (AMD).]

4. Caregivers providing short-term assistance. A caregiver assisting up to 2 other caregivers at any one time with activities authorized under this chapter, as long as the caregiver has given prior notice to the office. Notice required by this subsection must include the name of each caregiver needing assistance and the duration of the assistance to be provided. Assistance may not exceed 90 days within a calendar year unless approved in advance by the office. [PL 2023, c. 679, Pt. A, §23 (NEW).]
22 M.R.S. § 9059 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9059
22 §9059. Prohibitions
Status: in_force

1. Prohibited employment. An employer is subject to the penalties imposed by this chapter for hiring, placing or continuing to employ, other than conditionally as described in this chapter or by rule, an unsupervised direct access worker who has a known disqualifying offense or who has not been subject to a background check and issued a nondisqualifying report from the Background Check Center or who has not been granted a waiver as described in this chapter. [PL 2015, c. 299, §25 (NEW).]

2. Refusal to participate; employer. The Background Check Center shall issue a disqualifying background check report for individuals who refuse to participate in the background check reporting process as described in this chapter, and the employer is subject to the penalties imposed by this chapter for allowing the individual to commence or continue direct access employment. [PL 2015, c. 299, §25 (NEW).]

3. Good cause termination. A disqualifying offense that appears in the record of an individual submitted for a background check or a disqualifying offense that was not reported in an earlier background check report or an offense that an individual concealed from the employer or a failure to obtain or maintain a waiver constitutes good cause for termination of the individual's direct access employment. [PL 2015, c. 299, §25 (NEW).]

4. Refusal to participate; employee. An employee's refusal to participate in the background check reporting process under this chapter constitutes good cause for termination of direct access employment. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 1708 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1708
22 §1708. Appropriations for aid of public and private hospitals and nursing homes
Status: in_force

1. Compensation for hospitals. Such sums of money as may be appropriated by the Legislature in aid of public and private hospitals shall be expended under the direction of the department, and the expense of administration shall be charged to the appropriation of that department for general administration. The department is authorized to compensate hospitals located in the State of New Hampshire within 15 miles from the Maine - New Hampshire state line or hospitals located in the Provinces of Quebec or New Brunswick, Canada, within 5 miles of the international boundary, for cases where the hospital care is for persons resident in the State of Maine and, in the judgment of the commissioner, adequate local hospital facilities are not available. The department may compensate hospitals at such rates as it may establish for hospital care of persons whose resources or the resources of whose responsible relatives are insufficient therefor, except as provided in subsection 2. Bills itemizing the expenses of such hospital care, when approved by the department and audited by the State Controller, shall be paid by the Treasurer of State. [PL 1975, c. 365, §1 (RPR).]

2. Compensation for nursing homes. [PL 1991, c. 528, Pt. E, §17 (RP); PL 1991, c. 528, Pt. E, §18 (AFF); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §17 (RP); PL 1991, c. 591, Pt. E, §18 (AFF).]

2-A. Base-year revisions. [PL 1991, c. 528, Pt. E, §19 (RP); PL 1991, c. 528, Pt. E, §20 (AFF); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §19 (RP); PL 1991, c. 591, Pt. E, §20 (AFF).]

3. Compensation for nursing homes. A nursing home, as defined under section 1812‑A , or any portion of a hospital or institution operated as a nursing home, when the State is liable for payment for care, must be reimbursed at a rate established by the Department of Health and Human Services pursuant to this subsection. The department may not establish a so-called "flat rate." This subsection applies to all funds, including federal funds, paid by any agency of the State to a nursing home for patient care. The department shall establish rules concerning reimbursement that: A. Take into account the costs of providing care and services in conformity with applicable state and federal laws, rules, regulations and quality and safety standards; [PL 1991, c. 528, Pt. E, §21 (NEW); PL 1991, c. 528, Pt. E, §22 (AFF); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §21 (NEW); PL 1991, c. 591, Pt. E, §22 (AFF).] A-1. [PL 2001, c. 666, Pt. A, §1 (RP); PL 2001, c. 666, Pt. E, §1 (AFF).] B. Are reasonable and adequate to meet the costs incurred by efficiently and economically operated facilities; [PL 1995, c. 696, Pt. A, §32 (AMD).] C. Are consistent with federal requirements relative to limits on reimbursement under the federal Social Security Act, Title XIX; [PL 2001, c. 666, Pt. A, §1 (AMD); PL 2001, c. 666, Pt. E, §1 (AFF).] D. Ensure that any calculation of an occupancy percentage or other basis for adjusting the rate of reimbursement for nursing facility services to reduce the amount paid in response to a decrease in the number of residents in the facility or the percentage of the facility's occupied beds excludes all beds that the facility has removed from service for all or part of the relevant fiscal period in accordance with section 333 . If the excluded beds are converted to residential care beds or another program for which the department provides reimbursement, nothing in this paragraph precludes the department from including those beds for purposes of any occupancy standard applicable to the residential care or other program pursuant to duly adopted rules of the department; [PL 2013, c. 594, §1 (AMD).] E. Contain an annual inflation adjustment that: (1) Recognizes regional variations in labor costs and the rates of increase in labor costs determined pursuant to the principles of reimbursement and establishes at least 4 regions for purposes of annual inflation adjustments; and (2) Uses the applicable regional inflation factor as established by a national economic research organization selected by the department to adjust costs other than labor costs or fixed costs; and [PL 2013, c. 594, §1 (AMD).] F. Establish a nursing facility's base year every 2 years and increase the rate of reimbursement beginning July 1, 2014 and every year thereafter until June 30, 2018. For the state fiscal year beginning July 1, 2018, the base year for each facility is its fiscal year that ended in the calendar year 2016. For state fiscal years beginning on or after July 1, 2019, subsequent rebasing must be based on the most recent cost report filings available. The department may provide a mechanism for subsequent adjustments to base year costs to reflect any material difference between as-filed cost reports used in rebasing and subsequent determinations of audited, allowable costs for the same fiscal period. The department's rules must provide that, beginning in the state fiscal year beginning July 1, 2018, the rates set for each rebasing year must include an inflation adjustment for a cost-of-living percentage change in nursing facility reimbursement each year in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index nursing homes and adult day care services index. Any rebasing done pursuant to this paragraph may not result in a nursing facility receiving a reimbursement rate that is lower than the rate in effect on June 30, 2018. [PL 2021, c. 29, Pt. R, §1 (AMD).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 29, Pt. R, §1 (AMD).]

4. Medicaid savings. [PL 2011, c. 655, Pt. T, §1 (RP).]
22 M.R.S. § 271 — ME Code / Title 22 / Subtitle 2 / Chapter 102 / Section 271
22 §271. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 560, Pt. D, §2 (NEW).]

1. Bureau. "Bureau" means the Bureau of Health. [PL 1997, c. 560, Pt. D, §2 (NEW).]

2. Advisory council. "Advisory council" means the Tobacco Prevention and Control Advisory Council. [PL 1997, c. 560, Pt. D, §2 (NEW).]

3. Program. "Program" means the Tobacco Prevention and Control Program. [PL 1997, c. 560, Pt. D, §2 (NEW).]

4. Tobacco products. "Tobacco products" means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes. [PL 1997, c. 560, Pt. D, §2 (NEW).]
22 M.R.S. § 2601-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2601-A
22 §2601-A. Scope
Status: in_force

This chapter establishes a system designed to help ensure public health; to allow the State, municipalities and public water systems to identify significant public water supplies and strive for a higher degree of protection around source water areas or areas that are used as public drinking water supplies; to allow the State, municipalities and water systems to pursue watershed or wellhead protection activities around significant public water supplies; and to improve testing for and treatment of contaminants or properties in residential private drinking water wells. [PL 2017, c. 230, §1 (AMD).]
22 M.R.S. § 1583 — ME Code / Title 22 / Subtitle 2 / Chapter 263-A / Section 1583
22 §1583. License
Status: in_force

It is unlawful for any supplier of compressed air to fill or supply any breathing apparatus with life supporting gases in the State of Maine unless licensed to do so by the department. The initial license fee and the annual renewal license fee shall be $10, except that fire departments shall be exempt from the licensing requirements of this chapter, so long as the use of the apparatus is restricted to departmental use. [PL 1977, c. 696, §185 (NEW).]
22 M.R.S. § 4010-C — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010-C
22 §4010-C. Transition grant program
Status: in_force

The Department of Health and Human Services shall establish a transition grant program to provide financial support to eligible individuals to pay for postsecondary education or training programs. [PL 2025, c. 272, §2 (AMD).]

1. Age; enrollment in postsecondary education institution or training program. In order to be eligible to participate in the program, an individual must be at least 23 years of age but less than 27 years of age, must have exited the voluntary extended care and support agreement with the State under section 4037‑A at 23 years of age and must be enrolled in a postsecondary education institution or training program. [PL 2025, c. 272, §2 (AMD).]

2. Level of financial support. The transition grant is for postsecondary education or training program support up to the completion of an undergraduate degree or the training program. The level of financial support must be equivalent to the current voluntary extended foster care supports pursuant to section 4037‑A. The department shall set duration limits, including a 6-year maximum for a 4-year degree, a 4-year maximum for a 2-year degree and other duration limits for other types of postsecondary education or training programs. [PL 2025, c. 272, §2 (AMD).]

3. Postsecondary education navigator services. The program must include postsecondary education navigator services that provide transitional services and college support. The department shall determine the specifics of those services. [PL 2013, c. 577, §1 (NEW).]

4. Advisory committee. The department shall establish an advisory committee to provide oversight of the implementation of the transition grant program. The advisory committee must include stakeholders in the postsecondary education field, the department's postsecondary education navigator under subsection 6, professionals who work with transitional foster youth, representatives of the department and other interested parties. The department shall adopt rules to determine the membership, terms of office and voting procedures of the advisory committee and other specifics of the advisory committee's governance structure. The advisory committee shall provide an annual report to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters. [PL 2025, c. 272, §2 (AMD).]

5. Limit on number of individuals receiving transition grants. No more than 40 individuals at any one time may receive transition grants under this section. [PL 2013, c. 577, §1 (NEW).]

6. Postsecondary education navigator. The department shall develop the roles and responsibilities for the postsecondary education navigator to provide transitional services and college student support for individuals pursuant to this section. The postsecondary education navigator shall provide data to the advisory committee. [PL 2013, c. 577, §1 (NEW).]

The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 577, §1 (NEW).]
22 M.R.S. § 2031-A — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2031-A
22 §2031-A. Itemized billing statements
Status: in_force

A medical laboratory that performs services under this Act shall send an itemized billing statement to the patient. [PL 2011, c. 531, §2 (NEW).]
22 M.R.S. § 2804 — ME Code / Title 22 / Subtitle 2 / Chapter 705 / Section 2804
22 §2804. --index
Status: in_force

The Registrar of Vital Statistics shall prepare and keep an alphabetical index, by the names of both parties, of all annulments and divorces reported. When requested, the registrar shall cause a search to be made of the files for the record of any divorce or annulment and shall furnish a copy thereof. The fee for such search and copy must reasonably reflect the cost of the service, as specified in Title 22‑A, section 210 . [PL 2007, c. 539, Pt. N, §31 (AMD).]
22 M.R.S. § 1320-A — ME Code / Title 22 / Subtitle 2 / Chapter 252 / Section 1320-A
22 §1320-A. Inspection of dwellings by department
Status: in_force

Except in the case of an owner-occupied, single-family residence, the department shall within 30 days inspect all dwelling units in a dwelling when: [PL 1999, c. 276, §12 (AMD).]

1. Lead poisoning found. A case of lead poisoning has been found in any dwelling unit within the dwelling; or [PL 1981, c. 470, Pt. A, §64 (AMD).]

2. Lead-based substances. Lead-based substances have been found in any dwelling unit within the dwelling. [PL 1999, c. 276, §12 (AMD).]

The department may, at its discretion, inspect an owner-occupied single-family residence whenever a lead-poisoned child has been identified as residing in or receiving care in that residence. [PL 1999, c. 276, §12 (NEW).]
22 M.R.S. § 2016 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2016
22 §2016. Application
Status: in_force

Application must be made on a form prescribed by the department. Licenses must be issued to perform testing in one or more of the following categories or specialties: Histocompatibility; microbiology, including subcategories bacteriology, mycology, parasitology, virology; immunology or serology, including subcategories syphilis and nonsyphilis; chemistry, including subcategories routine, clinical microscopy or urinalysis and other, including toxicology; hematology, including coagulation; immunohematology, including subcategories blood group and Rh typing, Rh titers, cross matching, antibody detection and identification; pathology, including subcategories tissue, oral, diagnostic cytology; and radiobioassay. All applications must be accompanied by a license application fee. The application must contain the following information: [PL 2011, c. 531, §1 (AMD).]

1. Name and location. The name and location of the medical laboratory; [PL 1975, c. 218 (RPR).]

2. Director and owners. The name of the director of the laboratory and the name of the owner or owners, if different; [PL 1975, c. 218 (RPR).]

3. Services. A description of the services provided by such medical laboratory; and [PL 1975, c. 218 (RPR).]

4. Other information. Such other information as the department may deem necessary or expedient in carrying out its powers and duties under this Act. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 1406 — ME Code / Title 22 / Subtitle 2 / Chapter 255 / Section 1406
22 §1406. Maine Cancer Registry Data Review Committee
Status: in_force

The Maine Cancer Registry Data Review Committee, referred to in this section as the "committee," is established. The committee is appointed and convened by the Bureau of Health to review and advise the administrators of the statewide cancer-incidence registry established in section 1404 on the release of identifiable data as requested by researchers for the purposes of cancer prevention, control and research. The committee is composed of not fewer than 3 members, representing training and experience in the fields of medical or public health research or disease prevention and control. The committee must be guided by rules adopted by the Bureau of Health providing for the protection of the confidentiality of all cancer case data reported to the registry. [PL 2001, c. 574, §11 (NEW).]
22 M.R.S. § 2946 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2946
22 §2946. Amending or revoking anatomical gift before donor's death
Status: in_force

1. Donor or authorized person. Subject to section 2948 , a donor or other person authorized to make an anatomical gift under section 2944 may amend or revoke an anatomical gift by: A. A record signed by: (1) The donor; (2) The other person; or (3) Subject to subsection 2 , another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or [PL 2007, c. 601, §2 (NEW).] B. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Individual acting at donor's or authorized person's direction. A record signed pursuant to subsection 1, paragraph A , subparagraph (3) must: A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and [PL 2007, c. 601, §2 (NEW).] B. State that it has been signed and witnessed as provided in paragraph A . [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

3. Revocation by destruction or cancellation of document. Subject to section 2948 , a donor or other person authorized to make an anatomical gift under section 2944 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift. [PL 2007, c. 601, §2 (NEW).]

4. Amendment or revocation by donor during terminal illness or injury. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness. [PL 2007, c. 601, §2 (NEW).]

5. Amendment or revocation of gift in will. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1 . [PL 2007, c. 601, §2 (NEW).]
22-A M.R.S. § 205 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 205
22-A §205. Powers and duties of commissioner
Status: in_force

The commissioner has all of the powers and duties necessary to carry out the mission and responsibilities of the department. The commissioner has the power to distribute the functions and duties given to the commissioner under this Title, Title 5 , Title 19‑A , Title 22 and Title 34‑B among the various offices of the department so as to integrate the work properly and to promote the most economical and efficient administration of the department. Wherever in this Title, Title 5 , Title 19‑A , Title 22 or Title 34‑B powers and duties are given to the commissioner or the department, these must be assumed and carried out by the offices that the commissioner designates, and these powers and duties may in turn be delegated to subordinates by those office directors with the approval of the commissioner. [PL 2007, c. 539, Pt. N, §43 (AMD).]

1. Administration. The commissioner shall administer the department in accordance with the requirements of this Title and shall fulfill the duties prescribed to the commissioner by state and federal law. [PL 2003, c. 689, Pt. A, §1 (NEW).]

2. Rulemaking. The commissioner shall adopt rules to implement this Title. Rules adopted pursuant to this subsection are routine technical rules, as defined in Title 5, chapter 375, subchapter 2‑A , unless otherwise specified. [PL 2003, c. 689, Pt. A, §1 (NEW).]

3. Employees. The commissioner may employ personnel as necessary to carry out the work of the department. All personnel of the department are under the immediate supervision, direction and control of the commissioner. Department personnel must be employed subject to the Civil Service Law, except for positions subject to appointment by the commissioner under subsection 4 . [PL 2005, c. 412, §6 (AMD).]

4. Appointments. All deputy commissioners, all office directors, the director of the division of licensing and certification, the Maine Health Insurance Marketplace executive director, the regional systems integration directors and the superintendents of any state institutions are appointed by the commissioner and serve at the pleasure of the commissioner. A. [PL 2007, c. 539, Pt. N, §44 (RP).] B. [PL 2007, c. 539, Pt. N, §44 (RP).] C. [PL 2007, c. 539, Pt. N, §44 (RP).] D. [PL 2007, c. 539, Pt. N, §44 (RP).] E. [PL 2007, c. 539, Pt. N, §44 (RP).] F. [PL 2007, c. 539, Pt. N, §44 (RP).] G. [PL 2007, c. 539, Pt. N, §44 (RP).] H. [PL 2007, c. 539, Pt. N, §44 (RP).] I. [PL 2007, c. 539, Pt. N, §44 (RP).] J. [PL 2007, c. 539, Pt. N, §44 (RP).] K. [PL 2007, c. 539, Pt. N, §44 (RP).] L. [PL 2007, c. 539, Pt. N, §44 (RP).] M. [PL 2007, c. 539, Pt. N, §44 (RP).] N. [PL 2007, c. 539, Pt. N, §44 (RP).] O. [PL 2007, c. 539, Pt. N, §44 (RP).] Deputy commissioners and office directors appointed pursuant to this subsection must have educational qualifications and professional experience directly related to the functions of and services provided by the relevant unit or office. [PL 2023, c. 412, Pt. WW, §1 (AMD); PL 2023, c. 412, Pt. XX, §1 (AMD).]
22 M.R.S. § 8752 — ME Code / Title 22 / Subtitle 6 / Chapter 1684 / Section 8752
22 §8752. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 678, §1 (NEW); PL 2001, c. 678, §3 (AFF).]

1. Division. "Division" means the department's division of licensing and certification. [PL 2025, c. 305, Pt. B, §1 (AMD).]

2. Health care facility. "Health care facility" or "facility" means a general or specialty hospital including all facilities under the hospital's license, an ambulatory surgical facility, an end-stage renal disease facility and a state institution as defined under Title 34‑B, chapter 1 , except that it does not include a facility licensed as a nursing facility or licensed under chapter 1664. [PL 2025, c. 237, §5 (RPR); PL 2025, c. 305, Pt. B, §2 (RPR).]

2-A. Immediate jeopardy. "Immediate jeopardy" means a situation in which the provider's noncompliance with one or more conditions of participation in the federal Medicare program has caused, or is likely to cause, serious injury, harm or impairment to or death of a patient. [PL 2009, c. 358, §1 (NEW).]

3. Major permanent loss of function. "Major permanent loss of function" means sensory, motor, physiological or intellectual impairment that was not present at the time of admission and requires continued treatment or imposes persistent major restrictions in activities of daily living. [PL 2009, c. 358, §1 (AMD).]

3-A. Near miss. [PL 2025, c. 305, Pt. B, §3 (RP).]

3-B. Root cause analysis. "Root cause analysis" means a structured process for identifying the causal or contributing factors underlying adverse events. The root cause analysis follows a predefined protocol for identifying these specific factors in causal categories. [PL 2009, c. 358, §1 (NEW).]

4. Sentinel event. [PL 2009, c. 358, §1 (RP).]

4-A. Sentinel event. "Sentinel event" means: A. An unanticipated death, or patient transfer to another health care facility, unrelated to the natural course of the patient's illness or underlying condition or proper treatment of that illness or underlying condition in a health care facility; [PL 2009, c. 358, §1 (NEW).] B. A major permanent loss of function unrelated to the natural course of the patient's illness or underlying condition or proper treatment of that illness or underlying condition in a health care facility that is present at the time of the discharge of the patient or that occurs within 48 hours of treatment. If within 2 weeks of discharge from the facility, evidence is discovered that the major loss of function was not permanent, the health care facility is not required to submit a report pursuant to section 8753, subsection 2; [PL 2025, c. 305, Pt. B, §4 (AMD).] C. An unanticipated perinatal death or major permanent loss of function in an infant with a birth weight over 2,500 grams that is unrelated to the natural course of the infant's or mother's illness or underlying condition or proper treatment of that illness or underlying condition in a health care facility; [PL 2025, c. 305, Pt. B, §4 (AMD).] C-1. The suicide of a patient within 48 hours of receiving health care services in a health care facility; and [PL 2025, c. 305, Pt. B, §4 (NEW).] D. Other serious and preventable events as identified by using the most recent version of a nationally recognized quality forum. [PL 2025, c. 305, Pt. B, §4 (AMD).] [PL 2025, c. 305, Pt. B, §4 (AMD).]
22 M.R.S. § 2767-A — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2767-A
22 §2767-A. Amendment of birth certificate of adult
Status: in_force

1. Addition of parent to birth certificate based on genetic testing. The State Registrar of Vital Statistics shall amend the birth certificate of a person 18 years of age or older born in this State for the purpose of identifying a genetic parent who was not known or listed at the time of birth when the state registrar has received the following: A. A signed, notarized request to amend the birth certificate from the adult subject of the birth certificate; [PL 2023, c. 323, §2 (AMD).] B. Either the written, notarized consent of the genetic parent to be named on the amended birth certificate or a certified copy of the death certificate of the genetic parent to be named on the amended birth certificate; and [PL 2017, c. 5, §3 (NEW).] C. Evidence of genetic parentage based on testing of deoxyribonucleic acid, DNA, that includes: (1) A notarized report of the results of the DNA testing; and (2) Notarized documentation of the chain of custody of the blood and tissue samples examined in the testing. The testing must be of a type generally acknowledged as reliable by accreditation bodies designated by the federal Secretary of Health and Human Services, and it must be performed by a laboratory approved by an accreditation body designated by the federal Secretary of Health and Human Services. [PL 2017, c. 5, §3 (NEW).] The process for amending a birth certificate under this subsection may not be used to replace a parent listed on the birth certificate. A genetic parent who was not known or listed at the time of birth may be added to a birth certificate under this subsection even if more than 2 parents will be listed on the birth certificate as a result of the amendment. [PL 2023, c. 323, §2 (AMD).]

2. Effect. If the request submitted pursuant to subsection 1 does not contain the written, notarized consent of the genetic parent to be named on the amended birth certificate, amendment of the birth certificate pursuant to this section does not affect the rights of inheritance and descent and the amended birth certificate must contain the following words in a conspicuous place: "This birth certificate has been amended to identify a genetic parent not known or listed at the time of birth. This amendment does not affect the rights of inheritance or descent of the subject of the birth certificate." [PL 2023, c. 323, §2 (AMD).]

3. Amendment of birth certificate based on voluntary acknowledgment of parentage. The State Registrar of Vital Statistics shall amend the birth certificate of a person 18 years of age or older born in this State for the purpose of identifying a parent who was not known or listed at the time of birth if the birth certificate lists only one parent or if a parent listed on the birth certificate will be replaced with a new parent when the state registrar has received the following: A. A signed, notarized request to amend the birth certificate from the adult subject of the birth certificate; [PL 2023, c. 323, §2 (NEW).] B. A properly executed voluntary acknowledgment of parentage that complies with the requirements of Title 19‑A, chapter 61, subchapter 3 ; and [PL 2023, c. 323, §2 (NEW).] C. If the acknowledged parent will replace a parent listed on the birth certificate, a properly executed denial of parentage from the parent to be replaced that meets the requirements of Title 19‑A, chapter 61, subchapter 3 . [PL 2023, c. 323, §2 (NEW).] [PL 2023, c. 323, §2 (NEW).]

4. Amendment of birth certificate based on adoption or parentage action. The State Registrar of Vital Statistics shall amend the birth certificate of a person 18 years of age or older born in this State in response to a request by the adult that the adult’s birth certificate reflect the adult’s parentage as set forth in: A. A court order adjudicating parentage pursuant to Title 19‑A, chapter 61 ; or [PL 2023, c. 323, §2 (NEW).] B. An adoption decree pursuant to Title 18‑C, article 9 . [PL 2023, c. 323, §2 (NEW).] [PL 2023, c. 323, §2 (NEW).]
22 M.R.S. § 4004-C — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4004-C
22 §4004-C. Infants born affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder
Status: in_force

The department shall: [PL 2025, c. 353, §3 (NEW).]

1. Receive notifications. Receive notifications from health care providers, or their designees, regarding infants who are identified as having been born affected by substance abuse or having withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder; [PL 2025, c. 353, §3 (NEW).]

2. Develop family care plan. For each infant for whom the department receives a notification under subsection 1 , develop, with the assistance of any health care provider involved in the infant's caregiver's or the infant's medical or mental health care, a family care plan, including any appropriate referrals for services for the child or caregiver. This subsection may not be construed as limiting a health care provider's ability to develop a family care plan for any family who could benefit from one; [PL 2025, c. 353, §3 (NEW).]

3. Collect data. Collect data for reporting in a manner that complies with the federal Child Abuse Prevention and Treatment Act; [PL 2025, c. 353, §3 (NEW).]

4. Comply with section 4004. For any infant about whom the department receives a report of abuse or neglect, comply with section 4004, subsection 2 ; and [PL 2025, c. 353, §3 (NEW).]

5. Adopt rules. Adopt rules 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 2025, c. 353, §3 (NEW).]

For the purposes of this section, "health care provider" means a person described in section 4011‑A, subsection 1, paragraph A , subparagraphs (1) to (10), (15), (17) to (20) and (22) or any person who assists in the delivery or birth of a child for compensation, including, but not limited to, a midwife. [PL 2025, c. 353, §3 (NEW).]
22 M.R.S. § 8603 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8603
22 §8603. License
Status: in_force

Beginning on July 1, 1988, no person or combination of persons may operate an adult day care program in this State without having obtained a license to operate an adult day care program from the Department of Health and Human Services. [PL 1987, c. 389, §5 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 3761 — ME Code / Title 22 / Subtitle 3 / Chapter 1053-A / Section 3761
22 §3761. Emergency assistance
Status: in_force

The department, at the discretion of the commissioner, may establish and operate a program of emergency assistance to needy families with children within the United States Social Security Act, Title IV‑A, Section 406(e), and any amendments and additions. [PL 1993, c. 707, Pt. I, §3 (RPR).]

This program must provide: [PL 1993, c. 707, Pt. I, §3 (RPR).]

1. Benefits; emergency situation. Benefits to needy families with children in emergency situations in which the family is deprived of the basic necessities essential to their support, including, but not limited to, utility terminations, lack of adequate shelter, fire and other natural disasters. In determining what constitutes an emergency with respect to utility terminations, the department shall grant assistance when an otherwise qualified family has received a disconnection notice and has exhausted their ability to negotiate and pay the terms of a reasonable payment arrangement. The program may not be used to supplant local responsibility for operating or funding a general assistance program. The department shall not expend more than $750,000 of state general assistance funds for the purposes of covering the cost of services set out in this subsection; and [PL 1993, c. 707, Pt. I, §3 (RPR).]

2. Additional emergency services. Additional emergency services to children who are at risk of removal from the home because of their specified relative's inability to provide care and children in emergency situations where continued presence in the home is not in the best interest of the children. Additional emergency services are defined as those that cover emergency situations resulting from child abuse, neglect, abandonment or domestic abuse. The department may expend other general funds for the additional emergency services described in this subsection. [PL 1993, c. 707, Pt. I, §3 (RPR).]

The department may establish eligibility guidelines and limits on services covered under this program. [PL 1993, c. 707, Pt. I, §3 (RPR).]
22 M.R.S. § 1471-O — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-O
22 §1471-O. Exercise of powers by Board of Pesticides Control
Status: in_force

The powers established under the Maine Pesticide Control Act of 1975, Title 7, chapter 103, subchapter II‑A , shall be exercised by the Board of Pesticides Control established by section 1471‑B . [PL 1981, c. 112, §2 (NEW).]
22 M.R.S. § 1414 — ME Code / Title 22 / Subtitle 2 / Chapter 255-A / Section 1414
22 §1414. Annual report
Status: in_force

The department shall prepare and submit to the Governor annual reports containing statewide prevalence and incidence estimates of amyotrophic lateral sclerosis, including any trends occurring over time across the State. The reports may not contain any information that directly or indirectly identifies individual persons. [PL 2021, c. 613, §1 (NEW).]
22 M.R.S. § 8602 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8602
22 §8602. Rules
Status: in_force

The Department of Health and Human Services, in consultation with adult day care providers, shall adopt rules for adult day care programs that include, but are not limited to, rules pertaining to the health and safety of the adult clients and staff, the quality of the program provided, the administration of medication and licensing procedures. [PL 2023, c. 405, Pt. A, §81 (AMD).]

Different standards may be developed for different types of adult day care programs with differences based on number of participants or other factors affecting programming. [PL 1987, c. 389, §5 (NEW).]
22 M.R.S. § 5326 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5326
22 §5326. Programs
Status: in_force

All programs administered by community action agencies must conform with federal and state laws and regulations. Applicants for programs and assistance must be promptly notified of their rights and responsibilities when they qualify for or are denied services. [PL 1991, c. 780, Pt. DDD, §14 (NEW).]
22 M.R.S. § 5115 — ME Code / Title 22 / Subtitle 4 / Chapter 1457 / Section 5115
22 §5115. Coordinated community programs
Status: in_force

Coordinated community programs are authorized to be provided by the office through grants to each area agency with a plan approved under section 5118 for paying part of the cost, pursuant to the last 2 paragraphs of this section, of the preparation, development and administration of a plan by each area agency designated pursuant to section 5116, subsection 1, paragraph B for a coordinated community program consistent with section 5118 and the evaluation of activities carried out under such plan; and the development and provision of coordinated community programs for the delivery of social services. [RR 2011, c. 2, §28 (COR).]

From the sums appropriated for any fiscal year, each area agency shall be allotted an amount which bears the same ratio to such sum as the population aged 60 or over in such geographical boundaries of the area served by the area agency bears to the population aged 60 or over in the entire State. [PL 1973, c. 630, §1 (NEW).]

The number of persons aged 60 or over in the geographical boundaries of the area served by any area agency and in the entire State must be determined by the commissioner on the basis of the most recent and satisfactory data available to the commissioner. [PL 2015, c. 494, Pt. D, §6 (AMD).]

Whenever the commissioner determines that any amount allotted to an area agency for a fiscal year under this section will not be used by such agency for carrying out the purpose for which the allotment was made, the commissioner shall make such amount available for carrying out such purpose to one or more other area agencies to the extent the commissioner determines such other area agencies will be able to use such additional amount for carrying out such purpose. Any amount made available to an area agency from an appropriation for a fiscal year pursuant to the preceding sentence must, for purposes of this section, be regarded as part of such agency's allotment, as determined under the preceding provisions of this section for such year. [PL 2015, c. 494, Pt. D, §6 (AMD).]

From such agency's allotment under this section for a fiscal year, such amount as the state agency determines, but not more than 15% thereof, shall be available for paying such percentage as the state agency determines, but not more than 75% of the cost of administration of area plans; and such amount as the state agency determines, but not more than 20% thereof, shall be available for paying such percentage as the state agency determines, but not more than 50%, of the cost of social services which are not provided as a part of a coordinated community program in program areas for which there is an area plan approved by the state agency. [PL 1973, c. 630, §1 (NEW).]

The remainder of such allotment shall be available to the area agency only for paying such percentage as the state agency determines, but not more than 75% of the cost of social services provided in the area as a part of a coordinated community program in a service area in which there is an area plan approved by the state agency. [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 2884 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2884
22 §2884. Distribution of bodies
Status: in_force

The board or its duly authorized agent may take and receive such bodies, so delivered, and shall upon receiving them after 7 days from the date of decease distribute and deliver them to or among the schools, physicians and surgeons in the following manner: Those schools needing bodies for lectures and demonstrations shall first be supplied as fast as practicable, the number assigned to each to be based upon the number of students in actual attendance, which number shall be returned to the board at such times as it shall direct. The board of distribution may from time to time designate physicians or surgeons who shall receive said bodies, applications to be considered in the order of their receipt by said board. Subject to this chapter, it shall be lawful for the University of Maine System, Colby College, Bates College and Bowdoin College or any recognized medical school in New England to receive such bodies for the promotion of medical education, which shall be construed to include nursing training and premedical education. [PL 1985, c. 778, §62 (AMD).]
22 M.R.S. § 1909 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1909
22 §1909. Construction
Status: in_force

This chapter shall be construed to protect the rights of all persons to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent imposition upon any person's moral standards and to respect the right of every person to self-determination in respect to family planning. [PL 1973, c. 624, §1 (NEW).]
22 M.R.S. § 1699 — ME Code / Title 22 / Subtitle 2 / Chapter 273 / Section 1699
22 §1699. Community-based heart attack and stroke prevention programs
Status: in_force

1. Heart attack and stroke prevention programs; establishment. The Bureau of Health shall establish a program to develop heart attack and stroke prevention programs in communities and regions throughout the State. The community programs shall: A. Provide public education to schools, community groups and workplaces about cardiovascular risks; [PL 1989, c. 501, Pt. P, §25 (NEW).] B. Provide blood pressure and cholesterol screening, referral and follow-up to the general public and workforce populations; and [PL 1989, c. 501, Pt. P, §25 (NEW).] C. Provide smoking cessation programs for community members wishing to quit. [PL 1989, c. 501, Pt. P, §25 (NEW).] [PL 1989, c. 501, Pt. P, §25 (NEW).]

2. Training; funding. The bureau shall provide training for communities in program development, conduct a statewide public awareness program about cardiovascular risks, allocate matching funds for community program operation and periodically evaluate program effectiveness. [PL 1989, c. 501, Pt. P, §25 (NEW).]

3. Rules. The bureau shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , for distribution of funds to communities no later than 90 days after the effective date of this section; awards to communities shall begin no later than 180 days after the effective date of this section. The rules shall include a requirement that funded programs follow accepted quality control standards and be periodically reviewed by organizations with experience in and knowledge of heart attack and stroke prevention. [PL 1989, c. 501, Pt. P, §25 (NEW).]
22 M.R.S. § 3292 — ME Code / Title 22 / Subtitle 3 / Chapter 857 / Section 3292
22 §3292. Disclosure and use of confidential information; governing provisions
Status: in_force

Any information derived by the department in the course of carrying out its functions and deemed confidential by chapter 958‑A or 1071 or section 7703 or 1828 , which relates to a state employee or a person licensed, certified or registered by a licensing board as defined in section 3291 who is alleged to have engaged in any unlawful activity or professional misconduct, or in conduct in violation of laws or rules relating to a licensing board, may be disclosed to and used by the appropriate state agencies and licensing boards only in accordance with this chapter. The department, other state agencies and licensing boards shall comply with the following. [PL 1989, c. 175, §5 (AMD).]

1. Purpose for which disclosure is made. Any confidential information provided to a state agency, department or licensing board shall be used only for investigative and other action within the scope of the authority of that agency, department or licensing board and to determine whether the employee or the person licensed, certified or registered by the board has engaged in unlawful activity, professional misconduct or activities in violation of the laws or rules relating to the board. [PL 1987, c. 714, §2 (NEW).]

2. Designation of person to receive confidential information. State agencies, departments and licensing boards reasonably expected to be recipients of confidential information, as determined by the director of the bureau, shall designate a person to receive the confidential information for investigative purposes. [PL 1987, c. 714, §2 (NEW).]

3. Limitations on disclosure. Disclosure is limited to information which is directly related to the matter at issue. The identity of reporters and other persons shall not be disclosed except as necessary and relevant. Access to the information shall be limited to parties, parties' representatives, counsel of record and the hearing officers responsible for the determinations. The information shall be used only for the purpose for which the release was intended. [PL 1987, c. 714, §2 (NEW).]
22 M.R.S. § 7323 — ME Code / Title 22 / Subtitle 5 / Chapter 1623 / Section 7323
22 §7323. Multidisciplinary teams
Status: in_force

1. Team designation. The commissioner shall designate several multidisciplinary teams throughout the State to assist the department with evaluations of adults with long-term care needs. [PL 1981, c. 511, §1 (NEW).]

2. Membership. Each multidisciplinary team must include at least one social services' professional or health care professional and, whenever possible, the adult with long-term care needs and a family or designated representative. [PL 1997, c. 734, §3 (AMD).]

3. Duties. For each adult with long-term care needs evaluated by a multidisciplinary team, the team shall assist the department to: A. Determine the eligibility of the adult for in-home and community support services; [PL 1981, c. 511, §1 (NEW).] B. Develop a plan of services for the adult, in cooperation with the probable providers of the services, whenever such providers are not members of the team; [PL 1981, c. 511, §1 (NEW).] C. Arrange for the provision of the needed services; [PL 1981, c. 511, §1 (NEW).] D. Reevaluate the adult periodically to determine the adult's continuing need for the services; and [RR 2021, c. 2, Pt. B, §217 (COR).] E. Consult when possible with the adult's attending physician, if any. [PL 1981, c. 511, §1 (NEW).] [RR 2021, c. 2, Pt. B, §217 (COR).]
22 M.R.S. § 1605 — ME Code / Title 22 / Subtitle 2 / Chapter 265 / Section 1605
22 §1605. Application and permit fee
Status: in_force

The fee for reviewing an application is $100 and must accompany the application, and the fee for a permit is a maximum of $750 and must be submitted promptly when requested by the department. Travel costs may also be charged to the applicant for department inspectors providing health inspection and oversight during the event. Rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , must be established providing a fee schedule and related requirements. All funds received under this chapter must be deposited as General Fund undedicated revenue. [PL 2003, c. 673, Pt. AA, §3 (AMD).]
22 M.R.S. § 807 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 807
22 §807. Control of communicable diseases
Status: in_force

The department may establish procedures for agents of the department to use in the detection, contacting, education, counseling and treatment of individuals having or reasonably believed to have a communicable disease. The procedures shall be adopted in accordance with the requirements of this chapter and with the rules adopted under section 802 . [PL 1989, c. 487, §11 (NEW).]

For purposes of carrying out this chapter, the department may designate facilities and private homes for the confinement and treatment of infected persons posing a public health threat. The department may designate any such facility in any hospital or other public or private institution, other than a jail or correctional facility. Designated institutions must have necessary clinic, hospital or confinement facilities as may be required by the department. The department may enter into arrangements for the conduct of these facilities with public officials or persons, associations or corporations in charge of or maintaining and operating these institutions. [PL 2005, c. 383, §11 (AMD).]
22 M.R.S. § 2945 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2945
22 §2945. Manner of making anatomical gift before donor's death
Status: in_force

1. Donor. A donor may make an anatomical gift: A. By authorizing inclusion in the donor registry; [PL 2007, c. 601, §2 (NEW).] B. In a will; or [PL 2007, c. 601, §2 (NEW).] C. During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Donor or other authorized person. A donor or other person authorized to make an anatomical gift under section 2944 may make a gift by a donor card, advance directive or other record signed by the donor or other person making the gift authorizing inclusion in the donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and must: A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and [PL 2007, c. 601, §2 (NEW).] B. State that it has been signed and witnessed as provided in paragraph A . [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

3. Anatomical gift not invalidated. Revocation, suspension, expiration or cancellation of the driver's license or identification card issued to a donor does not invalidate an anatomical gift. [PL 2007, c. 601, §2 (NEW).]

4. Anatomical gift by will. An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 5101 — ME Code / Title 22 / Subtitle 4 / Chapter 1451 / Section 5101
22 §5101. Short title
Status: in_force

This Act may be cited as the "1973 Act of Maine's Elderly." [PL 1973, c. 630, §1 (NEW).]
22 M.R.S. § 1425 — ME Code / Title 22 / Subtitle 2 / Chapter 256-A / Section 1425
22 §1425. Annual report on firearm fatalities and hospitalizations
Status: in_force

Beginning January 1, 2022, the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the following data: [PL 2021, c. 369, §1 (NEW).]

1. Firearm fatalities. Public health data concerning firearm fatalities in the State, separated by: A. The number of homicides, including the number of homicides that were the result of domestic violence, further separated by the ages of the victims for each; [PL 2021, c. 369, §1 (NEW).] B. Suicides, further separated by the ages of the victims; and [PL 2021, c. 369, §1 (NEW).] C. Unintentional discharges, further separated by the ages of the victims; and [PL 2021, c. 369, §1 (NEW).] [PL 2021, c. 369, §1 (NEW).]

2. Hospitalizations. Hospitalizations that occurred as a result of a firearm but did not result in death. [PL 2021, c. 676, Pt. A, §32 (AMD).]

The Commissioner of Public Safety, the Office of Chief Medical Examiner, the Office of the Attorney General and the Maine Health Data Organization shall assist the Director of the Maine Center for Disease Control and Prevention with the collection of the data required in this section. [PL 2021, c. 676, Pt. A, §32 (NEW).]

The Director of the Maine Center for Disease Control and Prevention shall make the report required under this section publicly available. [PL 2021, c. 676, Pt. A, §32 (NEW).]
22 M.R.S. § 2709 — ME Code / Title 22 / Subtitle 2 / Chapter 701 / Section 2709
22 §2709. Duty of state registrar when law violated
Status: in_force

When the state registrar believes that, in any place in this State, the certificates or records of live births, marriages, deaths or fetal deaths are not made or kept as is provided by law, or that any person neglects or fails to perform any duty required in the law relating to the registration of vital statistics, the state registrar may visit such places and make such investigations as the state registrar considers necessary, and all records, blanks and papers of municipal clerks relating to live births, marriages, deaths or fetal deaths must be open to the state registrar's examination. [PL 2009, c. 601, §14 (AMD).]
22 M.R.S. § 4038-C — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4038-C
22 §4038-C. Permanency guardian
Status: in_force

As part of the permanency plan, the District Court may appoint a person or persons as guardian of a minor, to be known as a permanency guardian. "Permanency guardian," when used in this section and in section 4038‑D and Title 20‑A, section 12572 , means the person or persons appointed as the permanency guardian. [PL 2005, c. 471, §3 (AMD).]

1. Criteria. The District Court may appoint a person to be a permanency guardian only if the court finds that the prospective permanency guardian: A. Has the ability to provide a safe home for the child; [PL 2005, c. 372, §6 (NEW).] B. Has a close emotional bond with the child and that the child has a close emotional bond with the prospective permanency guardian; [PL 2005, c. 372, §6 (NEW).] C. Is willing and able to make an informed, long-term commitment to the child; [PL 2011, c. 402, §6 (AMD).] D. Has the skills to care for the child; and [PL 2011, c. 402, §7 (AMD).] E. Has submitted to having fingerprints taken for the purposes of a national criminal history record check. [PL 2011, c. 402, §8 (NEW).] [PL 2011, c. 402, §§6-8 (AMD).]

2. Powers and duties of permanency guardian. A permanency guardian has all of the powers and duties of a guardian of a minor pursuant to Title 18‑C, sections 5‑207 and 5‑208 . A permanency guardianship terminates upon the minor's death, adoption or attainment of majority or as ordered by the court pursuant to this section. [PL 2019, c. 664, Pt. C, §1 (AMD).]

3. Parental and relative contact. A parent, grandparent or sibling of a child subject to a permanency guardianship or to a proceeding to establish a permanency guardianship may petition the court to determine rights of contact as provided in subsection 6 . If the District Court determines that it is in the best interest of the child, it may order that the parent, grandparent or sibling of the child has a reasonable right of contact with the child and may specify the type, frequency, duration and conditions of that contact. [PL 2005, c. 372, §6 (NEW).]

4. Child support. The parents shall pay the permanency guardian child support. Title 19‑A, section 1652 and Title 19‑A, chapter 63 govern the award of child support to the permanency guardian. The child support obligation may be enforced pursuant to Title 19‑A, chapter 65 or 67 . If there is an existing child support order or obligation regarding the child, and if the District Court fails to make a child support order at the time of appointing a permanency guardian, the permanency guardian becomes the obligee under the existing support order or obligation. A copy of the order appointing the permanency guardian is sufficient proof of the permanency guardian's status as obligee. [PL 2005, c. 372, §6 (NEW).]

5. Jurisdiction over permanency guardian. The District Court has exclusive jurisdiction to appoint or remove a permanency guardian and to establish any rights of contact between a child and a parent, grandparent or sibling. [PL 2005, c. 372, §6 (NEW).]

6. Proceedings to terminate permanency guardianship or to determine rights of contact. Proceedings to terminate permanency guardianship or to determine rights of contact are governed by the following. A. Any party to the child protective proceeding may petition to terminate a permanency guardianship and any parent, grandparent or sibling of the child may petition the court to establish rights of contact with the child, except that a person having once petitioned unsuccessfully to terminate a permanency guardianship or to establish rights of contact may not bring a new petition to terminate the permanency guardianship or to establish rights of contact within 12 months after the end of the previous proceeding, and then only if the petitioner alleges and proves that there has been a substantial change of circumstances regarding the child's welfare. [PL 2005, c. 372, §6 (NEW).] B. Notice of a petition under paragraph A must be given in the manner provided for by Rule 4 of the Maine Rules of Civil Procedure to all parties to the child protective case and to the permanency guardian. [PL 2005, c. 372, §6 (NEW).] C. The permanency guardianship may be terminated only if the petitioner proves by a preponderance of the evidence that the termination is in the best interest of the child. [PL 2005, c. 372, §6 (NEW).] [PL 2005, c. 372, §6 (NEW).]

7. Effect on inheritance rights and public benefits. The appointment of a permanency guardian does not affect the inheritance rights between a child and the child's parent or parents. The appointment of a permanency guardian may not affect the child's entitlement to benefits due that child from any 3rd person, agency or state or the United States. Except as required by federal law or regulation, the permanency guardian's resources and income are not counted in determining eligibility for any public benefit to which the child may be entitled. The permanency guardianship does not affect the rights and benefits that a Native American derives from descent from a member of a federally recognized Indian tribe. [PL 2005, c. 521, §1 (AMD).]

8. Resignation, death or incapacity of permanency guardian. Resignation of a permanency guardian does not terminate the guardianship until it has been approved by the court. If a permanency guardian resigns, dies or becomes incapacitated, the District Court shall hold a judicial review and a permanency planning hearing at the earliest practicable time. [PL 2005, c. 372, §6 (NEW).]

9. Preference. The District Court shall give preference for placement and permanency guardianship to a person nominated by a deceased permanency guardian in a valid will or by an incapacitated permanency guardian in a valid power of attorney, unless the District Court finds that the placement or permanency guardianship is not in the child's best interest. [PL 2005, c. 372, §6 (NEW).]

10. Limitation. The District Court does not have authority to provide a guardianship subsidy for permanency guardianship under section 4038‑D . [PL 2005, c. 683, Pt. A, §36 (AMD).]

11. Application to pending cases. The District Court may appoint a permanency guardian in a proceeding pending on September 17, 2005 or in a proceeding commenced on or after September 17, 2005. [PL 2005, c. 521, §2 (NEW).]

12. Appointments terminate; later appointments. Unless the District Court has scheduled a judicial review or orders otherwise, the court's appointments of the guardian ad litem and attorneys for parents and guardians terminate, and the attorneys and guardian ad litem have no further responsibilities to their clients or the court upon appointment of a permanency guardian pursuant to this section. If a party files a motion for judicial review when no judicial review is required pursuant to section 4038, subsection 1‑A , or if a party files a petition pursuant to subsection 6 to terminate a permanency guardianship or determine rights of contact, the court shall appoint a guardian ad litem and attorneys for indigent parents and custodians, including permanency guardians, as required by section 4005 . [PL 2007, c. 284, §7 (NEW).]

13. Resource family license. The department shall issue a resource family license in accordance with standards adopted by the department to a resource family that meets the requirements and standards for permanency guardianship of children in foster care under subsection 1 and for a license fee established by the department. [PL 2011, c. 402, §9 (NEW).]
22 M.R.S. § 4068 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4068
22 §4068. Sibling visitation
Status: in_force

1. Visitation. If the court determines that it is reasonable, practicable and in the best interests of the children involved, the court shall order the custodian of the child who is the subject of the child protection proceeding and any party who is the custodian of a sibling of the child to make the children available for visitation with each other. The court may order a schedule and conditions pursuant to which the visits are to occur. [PL 2005, c. 526, §2 (NEW).]

2. Siblings separated through adoption. The department shall make reasonable efforts to establish agreements with prospective adoptive parents that provide for reasonable contact between an adoptive child and the child's siblings when the department believes that the contact will be in the children's best interests. [PL 2005, c. 526, §2 (NEW).]

3. Request of child. In a child protection proceeding, a child may request visitation rights pursuant to subsection 1 with a sibling from whom the child has been separated as a result of the child protection proceeding. [PL 2005, c. 526, §2 (NEW).]
22 M.R.S. § 3785-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-A / Section 3785-A
22 §3785-A. Sanction process
Status: in_force

Prior to imposing a sanction against an individual, the department must complete the sanction process, which includes the following. [PL 2001, c. 335, §1 (NEW).]

1. Procedures. Prior to imposing a sanction against an individual for failure to comply with Temporary Assistance for Needy Families or ASPIRE-TANF rules, the department shall: A. Thoroughly review the circumstances of the individual; [PL 2001, c. 335, §1 (NEW).] B. Provide the individual with a notice that states the basis for the sanction and a complete list of good cause reasons as set forth in section 3785 ; [PL 2001, c. 335, §1 (NEW).] C. Provide the individual with an opportunity to inform the department of good cause circumstances under section 3785 ; and [PL 2001, c. 335, §1 (NEW).] D. Obtain supervisory approval of the recommendation of the case manager to impose a sanction. [PL 2001, c. 335, §1 (NEW).] [PL 2001, c. 335, §1 (NEW).]

2. Information and report. The department shall maintain the following data, compiled and maintained by county and by calendar month, regarding the imposition of sanctions: A. The number of sanctions recommended by case managers to supervisors; and [PL 2001, c. 335, §1 (NEW).] B. The number of sanctions denied or approved and imposed by the department. [PL 2001, c. 335, §1 (NEW).] [PL 2001, c. 335, §1 (NEW).]

3. Rulemaking. The department shall adopt rules to implement the sanction procedures required by this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 335, §1 (NEW).]
22 M.R.S. § 1242 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1242
22 §1242. Expedited partner therapy
Status: in_force

Notwithstanding any other provision of law, a health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease if in the judgment of the health care professional the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment for sexually transmitted diseases. Expedited partner therapy is limited to a sexual partner who may have been exposed to a sexually transmitted disease within the previous 60 days and who is able to be contacted by the patient. [PL 2009, c. 533, §1 (NEW).]

1. Counseling. A health care professional who provides expedited partner therapy shall provide counseling for the patient, including advice that all women and symptomatic persons, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health care professional shall also provide written materials provided by the department to be given by the patient to the sexual partner that include at a minimum the following. A. A warning that a woman who is pregnant or might be pregnant should not take certain antibiotics and should immediately contact a health care professional for an examination; [PL 2009, c. 533, §1 (NEW).] B. Information about the antibiotic and dosage provided or prescribed; clear and explicit allergy and side effect warnings, including a warning that a sexual partner who has a history of allergy to the antibiotic or the pharmaceutical class of antibiotic should not take the antibiotic and should be immediately examined by a health care professional; [PL 2009, c. 533, §1 (NEW).] C. Information about the treatment and prevention of sexually transmitted diseases; [PL 2009, c. 533, §1 (NEW).] D. The requirement of abstinence until a period of time after treatment to prevent infecting others; [PL 2009, c. 533, §1 (NEW).] E. Notification of the importance of the sexual partner's receiving examination and testing for the human immunodeficiency virus and other sexually transmitted diseases and information regarding available resources; [PL 2009, c. 533, §1 (NEW).] F. Notification of the risk to the sexual partner, others and the public health if the sexually transmitted disease is not completely and successfully treated; [PL 2009, c. 533, §1 (NEW).] G. . The responsibility of the sexual partner to inform that person's sexual partners of the risk of sexually transmitted disease and the importance of prompt examination and treatment; [PL 2009, c. 533, §1 (NEW).] H. Advice to all women and symptomatic persons, and in particular women with symptoms suggestive of pelvic inflammatory disease, to seek medical attention; and [PL 2009, c. 533, §1 (NEW).] I. Information other than the information under paragraphs A to H as determined necessary by the department. [PL 2009, c. 533, §1 (NEW).] [PL 2009, c. 553, §1 (NEW).]

2. Department to develop and disseminate materials. Taking into account the recommendations of the federal Department of Health and Human Services, Centers for Disease Control and Prevention and other nationally recognized medical authorities, the department shall provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy. The department shall develop and disseminate in electronic and other formats the following written materials: A. Informational materials for sexual partners, as described in subsection 1 ; [PL 2009, c. 533, §1 (NEW).] B. Informational materials for persons who are repeatedly diagnosed with sexually transmitted diseases; and [PL 2009, c. 533, §1 (NEW).] C. Guidance for health care professionals on the safe and effective provision of expedited partner therapy. [PL 2009, c. 533, §1 (NEW).] The department may offer educational programs about expedited partner therapy for health care professionals and pharmacists licensed under the Maine Pharmacy Act. [PL 2009, c. 533, §1 (NEW).]

3. Immunity for health care professional. A health care professional who provides expedited partner therapy in good faith without fee or compensation under this section and provides counseling and written materials as required in subsection 1 is not subject to civil or professional liability in connection with the provision of the therapy, counseling and materials, except in the case of willful and wanton misconduct. A health care professional is not subject to civil or professional liability for choosing not to provide expedited partner therapy. [PL 2009, c. 533, §1 (NEW).]

4. Immunity for pharmacist or pharmacy. A pharmacist or pharmacy is not subject to civil or professional liability for choosing not to fill a prescription that would cause that pharmacist or pharmacy to violate any provision of the Maine Pharmacy Act. [PL 2009, c. 533, §1 (NEW).]

5. Rules. The department shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , to implement this section. The department shall consider designating certain diseases as sexually transmitted diseases, including, but not limited to, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis, pelvic inflammatory disease, acute salpingitis, syphilis, Acquired Immune Deficiency Syndrome and human immunodeficiency virus, and shall consider the recommendations and classifications of the federal Department of Health and Human Services, Centers for Disease Control and Prevention and other nationally recognized medical authorities. [PL 2009, c. 533, §1 (NEW).]
22 M.R.S. § 661 — ME Code / Title 22 / Subtitle 2 / Chapter 159-A / Section 661
22 §661. Public policy
Status: reserved

In the interests of the public health and welfare of the people of this State, it is the declared public policy of this State that a facility licensed by the United States Nuclear Regulatory Commission and situated in the State must be accomplished in a manner consistent with protection of the public health and safety and in compliance with the environmental protection policies of this State. It is the purpose of this chapter, in conjunction with sections 671 to 690 ; Title 25, section 51 ; and Title 35‑A, sections 4351 to 4393, to exercise the jurisdiction of the State to the maximum extent permitted by the United States Constitution and federal law and to establish in cooperation with the Federal Government a state nuclear safety inspector program for the on-site monitoring, regulatory review and oversight of a facility within the State that holds a license issued by the United States Nuclear Regulatory Commission. Nothing in this chapter may be construed as an attempt by the State to regulate radiological health and safety reserved to the Federal Government by reason of the United States Atomic Energy Act of 1954, as amended. [PL 2007, c. 539, Pt. KK, §1 (AMD).]
22 M.R.S. § 7703 — ME Code / Title 22 / Subtitle 6 / Chapter 1661 / Section 7703
22 §7703. Records; disclosure
Status: in_force

1. Records. Except as otherwise provided by law and this section, any records that are made, acquired or retained by the department in connection with its responsibilities under this subtitle shall be available to the public. [PL 1983, c. 691, §2 (NEW).]

2. Confidential information. Except as provided in subsections 3 and 4 , confidential information may not be released without a court order or a written release from the person about whom the confidential information has been requested. The following information is confidential: A. Information that identifies, directly or indirectly, a recipient of services of the facility, a client of the facility or the client's family or custodian, except when the family member or custodian is an owner or operator of the facility; [PL 2007, c. 324, §6 (AMD).] B. Notwithstanding sections 3474 and 4008 , any information gathered in the course of an investigation of neglect or abuse, except a statement indicating whether or not a report of abuse or neglect has been received, the nature of the alleged abuse or neglect and the conclusion reached by the department, if any; [PL 1983, c. 691, §2 (NEW).] C. Information that identifies, directly or indirectly, a reference, complainant or reporter of suspected abuse or neglect; [PL 2007, c. 324, §6 (AMD).] D. Information pertaining to the adoption of an individual; [PL 2007, c. 324, §6 (AMD).] E. Information about the private life of a person, other than an owner, operator or employee of a facility, in which there is no legitimate public interest and that would be offensive to a reasonable person, if disclosed, except as provided in paragraph F ; [PL 2007, c. 324, §6 (AMD).] F. Information about the private life of a person who has applied for a license or approval or is or has been licensed or approved as an adult foster home, licensed pursuant to chapter 1663 , and family foster home as defined in section 8101, subsection 3 , in which there is no legitimate public interest and that would be offensive to a reasonable person, if disclosed; and [PL 2007, c. 324, §6 (AMD).] G. Information that identifies, directly or indirectly, a reference, complainant or reporter of suspected licensing violations. [PL 2007, c. 324, §6 (NEW).] Within the department, confidential information must be available to and used by appropriate departmental personnel and legal counsel in carrying out their various functions. Nothing in this section may prevent the release of statistical information regarding the population of the facility by diagnosis or other classification, as long as it does not directly or indirectly identify the clients or recipients of services of the facility. [PL 2007, c. 324, §6 (AMD).]

3. Optional disclosure of confidential information. Relevant information made confidential by subsection 2 may be released to the following: A. An agency investigating a report of child or adult abuse or neglect when the investigation is authorized by law or by an agreement with the department; [PL 1983, c. 691, §2 (NEW).] B. A physician treating a child or adult who the physician reasonably suspects may be abused or neglected; [RR 2021, c. 2, Pt. B, §218 (COR).] C. A person, the parent or guardian of a minor, or the guardian of an incapacitated adult named in a record, provided that the identity of any reference, complainant, reporter of suspected abuse or neglect or other person is protected when appropriate; [PL 1983, c. 691, §2 (NEW).] D. A person having the legal responsibility or authorization to educate, care for, evaluate, treat or supervise a client or recipient of services of the facility. A person under this paragraph includes a member of a treatment team or group convened to plan for or treat a person named in a record, as long as the identity of any reference, complainant, reporter of suspected abuse or neglect or other person is protected, when appropriate. A person under this paragraph includes the superintendent of a school administrative unit, the chief administrator of a public school not in a school administrative unit or the chief administrator of a private school; [PL 2025, c. 362, §4 (AMD).] E. A person engaged in bona fide research, as long as personally identifying information is not made available, unless it is essential to the research and the commissioner or the commissioner's designee gives prior approval. If the researcher desires to contact a subject of a record, the subject's consent must be obtained by the department prior to the contact; [RR 2021, c. 2, Pt. B, §219 (COR).] F. Any agency involved in approving homes for the placement of children, provided that the identity of any reference, complainant, reporter of suspected abuse or neglect or other person is protected, when appropriate; [PL 1983, c. 691, §2 (NEW).] G. An individual seeking to place a child or adult in a particular facility with protection for the identity of any reference, complainant, reporter of suspected abuse or neglect or other person, when appropriate; [PL 1987, c. 714, §8 (AMD).] H. An owner or operator of a facility which is the subject of a record, provided that the identity of any reference, complainant, reporter of suspected abuse or neglect or other person is protected, when appropriate; or [PL 1987, c. 714, §8 (AMD).] I. Persons and organizations pursuant to Title 5, section 9057, subsection 6 , and pursuant to chapter 857 . [PL 1987, c. 714, §9 (NEW).] [PL 2025, c. 362, §4 (AMD).]

4. Mandatory disclosure of confidential information. The department shall disclose relevant information in the records made confidential by subsection 2 to the following persons: A. The guardian ad litem of a child or adult named in a record who is reported to be abused or neglected; [PL 1983, c. 691, §2 (NEW).] B. A law enforcement agency investigating a report of child or adult abuse or neglect or the commission of a crime by an owner, operator or employee of a facility against a client or recipient of services of the facility; [PL 1985, c. 437, §4 (AMD).] C. A court on its finding that access to those records may be necessary for the determination of any issue before the court. Access shall be limited to in camera inspection, unless the court determines that public disclosure of the information is necessary for the resolution of an issue pending before it; [PL 1983, c. 691, §2 (NEW).] D. A grand jury on its determination that access to those records is necessary in the conduct of its official business; [PL 1983, c. 691, §2 (NEW).] E. An appropriate state executive or legislative official with responsibility for adult or child protection services in carrying out the state executive's or legislative official's official functions, except that personally identifying information may not be made available unless necessary to the state executive's or legislative official's functions; [RR 2021, c. 2, Pt. B, §220 (COR).] F. The Protection and Advocacy Agency for the Developmentally Disabled in Maine in connection with investigations conducted in accordance with Title 5, chapter 511 . The determination of what information and records are relevant to the investigation must be made by agreement between the department and the agency; and [PL 2005, c. 683, Pt. B, §18 (AMD).] G. The Commissioner of Education, when the information concerns teachers and other professional personnel issued certificates under Title 20‑A . [PL 1989, c. 700, Pt. A, §94 (AMD).] [RR 2021, c. 2, Pt. B, §220 (COR).]

5. Dissemination of confidential information. Information released pursuant to subsections 3 and 4 must be used solely for the purpose for which it was provided and may not be further disseminated, except as provided in subsection 5‑A. [PL 2025, c. 362, §5 (AMD).]

5-A. Dissemination by Department of Education. Reports of suspected child abuse or neglect released in accordance with subsection 4, paragraph G may be disseminated by the Department of Education to the superintendent of a school administrative unit, the chief administrator of a public school not in a school administrative unit or the chief administrator of a private school when neither the department nor the Department of Education is investigating the reports of suspected child abuse or neglect released in accordance with subsection 4, paragraph G or the school administrative unit, public school or private school is determined by the department to be unaware of the information, as long as the identity of or any reference to the complainant or reporter of suspected child abuse or neglect is protected. [PL 2025, c. 362, §6 (NEW).]

6. Rules. The department may 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 2007, c. 324, §7 (NEW).]
22 M.R.S. § 2025 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2025
22 §2025. Performance evaluation
Status: in_force

The department shall require the demonstration of proficiency in the performance of the tests offered by laboratories subject to licensure or the provisions of this paragraph through successful participation in a proficiency testing program acceptable to the department covering all categories or subcategories in which testing is offered. Evaluated copies of results shall be forwarded to the department. [PL 1993, c. 600, Pt. B, §10 (AMD).]
22 M.R.S. § 4022 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4022
22 §4022. Voluntary care
Status: in_force

On the written request of a person responsible for the child, the department may care for that child for a specified period by agreement, unless a custodian objects. Voluntary care agreements shall not affect custody. The department may require reimbursement from a parent or custodian for these services. [PL 1979, c. 733, §18 (NEW).]
22 M.R.S. § 4015 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4015
22 §4015. Privileged or confidential communications
Status: in_force

The husband-wife and physician and psychotherapist-patient privileges under the Maine Rules of Evidence and the confidential quality of communication under Title 16, section 53‑B ; Title 20‑A, sections 4008 and 6001 , to the extent allowed by applicable federal law; Title 24‑A, section 4224 ; Title 32, sections 7005 and 18393 ; and Title 34‑B, section 1207 , are abrogated in relation to required reporting, cooperating with the department or a guardian ad litem in an investigation or other child protective activity or giving evidence in a child protection proceeding. Information released to the department pursuant to this section must be kept confidential and may not be disclosed by the department except as provided in section 4008 . [PL 2015, c. 429, §7 (AMD).]

Statements made to a licensed mental health professional in the course of counseling, therapy or evaluation where the privilege is abrogated under this section may not be used against the client in a criminal proceeding. Nothing in this section may limit any responsibilities of the professional pursuant to this Act. [PL 2001, c. 696, §22 (AMD).]
22 M.R.S. § 7316 — ME Code / Title 22 / Subtitle 5 / Chapter 1622-A / Section 7316
22 §7316. Consolidation of long-term care services
Status: in_force

Beginning July 1, 2012, all long-term care services provided directly or indirectly under the MaineCare program or other state-funded programs by the department under this Title must be combined into one program, referred to in this chapter as "the program," with a single set of rules, coordinated criteria for assessment and qualifications and a single budget. [PL 2011, c. 422, §1 (NEW).]
22 M.R.S. § 350-B — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 350-B
22 §350-B. Federal funding (REALLOCATED FROM TITLE 22, SECTION 352)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 352)

The department is authorized to accept any federal funds to be used for the purposes of carrying out this chapter. [RR 2001, c. 2, Pt. A, §31 (RAL).]
22-A M.R.S. § 101 — ME Code / Title 22-A / Subtitle 1 / Chapter 1 / Section 101
22-A §101. Definitions
Status: in_force

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 689, Pt. A, §1 (NEW).]

1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services. [PL 2003, c. 689, Pt. A, §1 (NEW).]

1-A. Adult developmental services. "Adult developmental services" has the same meaning as in Title 34‑B, section 1001, subsection 1‑A . [PL 2011, c. 542, Pt. A, §49 (NEW).]

1-B. Acquired brain injury. "Acquired brain injury" has the same meaning as in Title 22, section 3086, subsection 1 . [PL 2021, c. 284, Pt. A, §1 (NEW).]

2. Department. "Department" means the Department of Health and Human Services. [PL 2003, c. 689, Pt. A, §1 (NEW).]

3. Seal. The department has an official seal which must be judicially noticed. [PL 2003, c. 689, Pt. A, §1 (NEW).]
22 M.R.S. § 3089 — ME Code / Title 22 / Subtitle 2 / Chapter 715-A / Section 3089
22 §3089. Acquired brain injury assessments and interventions; protection of rights
Status: in_force

The department is designated as the official state agency responsible for acquired brain injury services and programs. [PL 2005, c. 229, §1 (NEW).]

1. Assessments and interventions. In addition to developing the comprehensive neurorehabilitation service system under section 3088 , the department may undertake, within the limits of available resources, appropriate identification and medical and rehabilitative interventions for persons who sustain acquired brain injuries, including, but not limited to, establishing services: A. To assess the needs of persons who sustain acquired brain injuries and to facilitate effective and efficient medical care, neurorehabilitation planning and reintegration; and [PL 2011, c. 293, §4 (NEW).] B. To improve the knowledge and skills of the medical community, including, but not limited to, emergency room physicians, psychiatrists, neurologists, neurosurgeons, neuropsychologists and other professionals who diagnose, evaluate and treat acquired brain injuries. [PL 2011, c. 293, §4 (NEW).] [PL 2011, c. 293, §4 (NEW).]

2. Rights of patients and responsibility of department to protect those rights. To the extent possible within the limits of available resources and except to the extent that a patient with an acquired brain injury's rights have been suspended as the result of court-ordered guardianship, the department shall: A. Protect the health and safety of that patient; [PL 2011, c. 293, §4 (NEW).] B. Ensure that the patient has access to treatment, individualized planning and services and positive behavioral interventions and protections; and [PL 2011, c. 293, §4 (NEW).] C. Protect the patient's rights to appeal decisions regarding the person's treatment, access to advocacy services and service quality control standards, monitoring and reporting. [PL 2011, c. 293, §4 (NEW).] [PL 2011, c. 293, §4 (NEW).]

2-A. Licensing. As provided in Title 34‑B, section 1203‑B , the department shall license agencies, as defined in that section, that serve or provide support for an adult with an acquired brain injury. [PL 2023, c. 89, §1 (NEW).]

3. Rules. The department shall establish rules under this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 293, §4 (NEW).]
22 M.R.S. § 758 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 758
22 §758. Withdrawal -- Article VIII
Status: in_force

Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 1811 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1811
22 §1811. License required; definitions
Status: in_force

A person, partnership, association or corporation, or any state, county or local governmental units, may not establish, conduct or maintain in the State any hospital, sanatorium, convalescent home, rest home, nursing home, ambulatory surgical facility, urgent care facility or other institution for the hospitalization or nursing care of human beings without first obtaining a license therefor. Hospital, sanatorium, convalescent home, rest home, nursing home, ambulatory surgical facility and other related institution, within the meaning of this chapter, means any institution, place, building or agency in which any accommodation is maintained, furnished or offered for the hospitalization of the sick or injured or care of any aged or infirm persons requiring or receiving chronic or convalescent care. This chapter does not apply to hotels or other similar places that furnish only board and room, or either, to their guests or to such homes for the aged or blind as may be subject to licensing under any other law. [PL 2025, c. 129, §1 (AMD).]
22 M.R.S. § 676 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 676
22 §676. Coordination and liaison with federal agencies
Status: in_force

The following agencies shall serve as liaison with federal agencies and coordinate administration of the issues indicated. [PL 1983, c. 345, §§13, 14 (NEW).]

1. Health and safety. The Department of Health and Human Services shall coordinate monitoring of radiation and health and safety in medical and industrial use of radiation, and shall serve as liaison with the United States Food and Drug Administration and the United States Nuclear Regulatory Commission, except as specified in subsection 4 . [PL 1983, c. 345, §§13, 14 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Emergency procedures. The Maine Emergency Management Agency shall coordinate off-site emergency procedures for nuclear facilities, and shall serve as liaison with the federal agencies with jurisdiction over defense activities and emergency response management. [PL 1987, c. 370, §4 (AMD).]

3. Transportation. The Department of Public Safety shall coordinate transportation of radioactive materials. [PL 1983, c. 345, §§13, 14 (NEW).]

4. Radioactive waste. The Department of Health and Human Services shall coordinate management of and shall serve as point of contact with the United States Nuclear Regulatory Commission for high-level and low-level radioactive wastes, in consultation with the Department of Environmental Protection and the State Nuclear Safety Inspector in fulfillment of the State Nuclear Safety Inspector's duties pursuant to section 666 . [PL 2007, c. 539, Pt. KK, §10 (AMD).]

5. Geology. The Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry shall provide technical assistance for waste management. [PL 2013, c. 405, Pt. C, §13 (AMD).]

6. Energy. The Governor's Energy Office shall serve as liaison with the United States Department of Energy. [PL 2011, c. 655, Pt. MM, §13 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]

7. Environment. The Department of Environmental Protection shall serve as liaison with the United States Environmental Protection Agency. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 4091 — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4091
22 §4091. Purpose
Status: in_force

The purpose of this subchapter is to encourage the implementation of statewide standards to be developed by the Department of Health and Human Services and participating hospitals for the identification and management of suspected child abuse and neglect cases presented at hospitals by providing financial support for the establishment of hospital-based suspected child abuse and neglect committees. [PL 1989, c. 483, Pt. A, §34 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 4308 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4308
22 §4308. Applications
Status: in_force

In order to receive assistance from any municipality, the applicant or a duly authorized representative must file a written application with the overseer, except as provided in section 4304, subsection 3 . [PL 1993, c. 410, Pt. AAA, §6 (AMD).]

1. Initial and subsequent applications. Except as provided in section 4316‑A, subsection 1‑A , a person who makes an application for assistance, who has not applied for assistance in that or any other municipality must have that person's eligibility determined solely on the basis of need. All applications for general assistance that are not initial applications are repeat applications. The eligibility of repeat applicants must be determined on the basis of need and all other conditions of eligibility established by this chapter and municipal ordinance. [PL 1993, c. 410, Pt. AAA, §6 (AMD).]

1-A. Limit on housing assistance. Except as provided in subsections 1‑B and 2 , housing assistance provided pursuant to this chapter is limited to a maximum of 9 months during the period from July 1, 2012 to June 30, 2013. [PL 2011, c. 655, Pt. R, §2 (NEW).]

1-B. Extension of housing assistance due to hardship. An applicant is eligible for housing assistance under this chapter beyond the limit established in subsection 1‑A if the applicant has a severe and persistent mental or physical condition warranting such an extension or has an application for assistance pending with the federal Social Security Administration. [PL 2011, c. 655, Pt. R, §2 (NEW).]

2. Emergencies. A person, including a person experiencing or facing homelessness, who does not have sufficient resources to provide one or more basic necessities in an emergency is eligible for emergency general assistance, even when that applicant has been found ineligible for nonemergency general assistance, except as provided in this subsection. A. A person who is currently disqualified from general assistance for a violation of section 4315 , 4316‑A or 4317 is ineligible for emergency assistance under this subsection. [PL 1985, c. 489, §§5, 14 (NEW).] B. Municipalities may by standards adopted in municipal ordinances restrict the disbursement of emergency assistance to alleviate emergency situations to the extent that those situations could not have been averted by the applicant's use of income and resources for basic necessities. The person requesting assistance shall provide evidence of income and resources for the applicable time period. [PL 1991, c. 528, Pt. OOO, §1 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. OOO, §1 (AMD).] A municipality may provide emergency assistance when the municipality determines that an emergency is imminent and that failure to provide assistance may result in undue hardship and unnecessary costs. A municipality may not exceed maximum levels of assistance established pursuant to section 4305 for an applicant household for more than 30 days in a 12-month period when assistance is granted for housing in a hotel, motel, inn or other lodging place as defined in section 2491, subsection 7‑F. [PL 2023, c. 643, Pt. II, §1 (AMD).]

3. Initial applicant. Notwithstanding section 4301, subsection 7 , the household of an initial applicant that is otherwise eligible for emergency assistance may not be denied emergency assistance to meet an immediate need solely on the basis of the proration of a lump sum payment. Upon subsequent applications, that household's eligibility is subject to all the standards established by this chapter. [PL 2001, c. 571, §3 (NEW).]
22 M.R.S. § 3885 — ME Code / Title 22 / Subtitle 3 / Chapter 1058 / Section 3885
22 §3885. Funds
Status: in_force

1. Control. The board may accept funds from a public or private source. Revenue to the fund must be managed, deposited, invested and disbursed by the board in a manner that is independent of control by the Department of Administrative and Financial Services. [PL 1993, c. 600, Pt. A, §16 (NEW).]

2. Grants disbursement. The board shall establish a procedure and form for applications for grants of fund resources under this chapter. Upon board approval of an application, the board may disburse money from the fund to eligible recipients for the development, operation or awareness of prevention programs and prevention policies under this chapter. [PL 1993, c. 600, Pt. A, §16 (NEW).]

3. Administrative expenses. Income must be allocated for the support of administrative expenses as follows. A. The board may expend, for administrative expenses, no more than 45% in calendar year 1994, 40% in calendar year 1995, 35% in calendar year 1996, 30% in calendar year 1997 and 25% in calendar year 1998 of annual revenues from the state income tax checkoff contributed by individuals. After 1998, the board may expend, for administrative expenses, no more than 20% of annual revenues from the state income tax checkoff contributed by individuals. [PL 1993, c. 600, Pt. A, §16 (NEW).] B. [PL 1997, c. 149, §3 (RP).] [PL 1997, c. 149, §3 (AMD).]

4. Discretion. The board has sole discretion in the use of resources from sources other than the income tax checkoff by individuals. [PL 1997, c. 149, §4 (AMD).]

5. Endowment fund. An endowment fund is established pursuant to this subsection. A minimum of 10% of tax checkoff revenue received each year from individuals must be set aside for allocation to the segregated endowment fund. Up to 90% of the checkoff revenue and other income received by the endowment fund may be expended annually by the board in accordance with this chapter. [PL 1993, c. 600, Pt. A, §16 (NEW).]

6. Income greater than $200,000. At least 1/3 of the total annual revenue that exceeds $200,000 must be allocated to the endowment fund established under subsection 5 . [PL 1993, c. 600, Pt. A, §16 (NEW).]
22 M.R.S. § 2013-A — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2013-A
22 §2013-A. Applicability
Status: in_force

In general, this Act applies to all medical laboratories and directors of medical laboratories operating in the State. [PL 1989, c. 72, §2 (NEW).]

1. Exemptions. Subject to the limitations set forth in subsections 2 and 3 , the following entities are exempted from the provisions of this Act under the following circumstances: A. Medical laboratories operated by the United States Government, the State or municipalities of the State; [PL 1989, c. 72, §2 (NEW).] B. Laboratory facilities and laboratory services operated in a hospital licensed by the State; [PL 1989, c. 72, §2 (NEW).] C. Physicians and medical staff pursuant to this paragraph: (1) Physicians, physician associates, family nurse practitioners, Medicare-certified rural health clinics, professional associations or group practices performing only tests acceptable to the department, as defined by rule, exclusively for the examination of their own patients; and (2) Physicians, physician associates, family nurse practitioners, Medicare-certified rural health clinics, professional associations or group practices performing tests, other than those listed in subparagraph (1), exclusively for the examination of their own patients are subject only to sections 2024 , 2025 and 2039 . Notwithstanding subparagraphs (1) and (2), laboratories incorporated for the mutual use of physician or group practice owners are subject to all provisions of this Act; [PL 2005, c. 383, §21 (AMD); PL 2025, c. 316, §3 (REV).] D. Medical laboratories in a school, college, university or industrial plant that are under the direct supervision of, and whose services are used exclusively by, a duly licensed physician and that perform only tests acceptable to the department; otherwise, only sections 2024 , 2025 and 2039 apply; [PL 2005, c. 383, §21 (AMD).] E. Laboratories operated and maintained for research and teaching purposes that are recognized by the department or involve no patient or public health service; [PL 2005, c. 383, §21 (AMD).] F. The practice of radiology by a radiologist; and [PL 1989, c. 72, §2 (NEW); PL 1989, c. 456, §1 (AMD).] G. Laboratory services performing health screening tests as defined and regulated by rule adopted by the department. Services exempted under this paragraph include, but are not limited to, the performance of screening tests for cholesterol and colon cancer. [PL 1993, c. 600, Pt. B, §4 (AMD).] [PL 2005, c. 383, §21 (AMD); PL 2025, c. 316, §3 (REV).]

2. Maternal serum alpha-fetoprotein testing. Notwithstanding subsection 1 , all medical laboratories and directors of medical laboratories shall be subject to all provisions of this Act, and rules promulgated under it, which govern the performance of maternal serum alpha-fetoprotein testing. [PL 1989, c. 72, §2 (NEW).]

3. Public health reporting requirements. Notwithstanding subsection 1 , any facility, regardless of location, that receives, forwards or analyzes specimens of material from the human body or referred cultures of specimens from the human body and reports the results to health care providers who use the data for purposes of patient care must comply with chapter 250 . [PL 2005, c. 383, §22 (NEW).]
22 M.R.S. § 3740-A — ME Code / Title 22 / Subtitle 3 / Chapter 1052-A / Section 3740-A
22 §3740-A. Report
Status: in_force

The department shall evaluate child care subsidies provided under this chapter and, beginning January 15, 2024 and annually thereafter, submit a report of the evaluation with recommendations on increasing enrollment and reducing barriers to families receiving child care subsidies to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The report must include: [PL 2023, c. 412, Pt. VVV, §6 (NEW).]

1. Barriers. The identification of access barriers: A. For children and families to know about and enroll in the Maine Child Care Affordability Program established under section 3731‑A ; and [PL 2023, c. 412, Pt. VVV, §6 (NEW).] B. For all child care programs to participate in the Maine Child Care Affordability Program established under section 3731‑A ; [PL 2023, c. 412, Pt. VVV, §6 (NEW).] [PL 2023, c. 412, Pt. VVV, §6 (NEW).]

2. Feedback. The ways in which the department has engaged with feedback from families and child care programs through multiple engagement tools, such as surveys, listening sessions and focus groups; and [PL 2023, c. 412, Pt. VVV, §6 (NEW).]

3. Reimbursement. The instances and frequency of and reasons for delayed or late reimbursement payments from the Office of Child and Family Services to participating child care programs and plans to remedy delayed or late reimbursement payments. [PL 2023, c. 412, Pt. VVV, §6 (NEW).]
22 M.R.S. § 3922 — ME Code / Title 22 / Subtitle 3 / Chapter 1064 / Section 3922
22 §3922. Duties of system
Status: in_force

The system shall: [PL 2021, c. 457, §1 (NEW).]

1. Expansion of services. Increase the percentage of children screened for developmental, social or emotional issues at all appropriate locations, including, but not limited to, early childhood education facilities, child care facilities, Head Start facilities, Early Head Start facilities, regional sites of the Child Development Services System under Title 20‑A, section 7209, subsection 3 and health care providers to ensure access to early periodic screening, diagnosis and treatment and other related services to promote children's healthy development. For purposes of this section, "Head Start" means a program operated under 42 United States Code, Sections 9831 to 9852c and "Early Head Start" means a program under 42 United States Code, Section 9840a; [PL 2021, c. 457, §1 (NEW).]

2. Coordinated system. Develop a coordinated system of early identification, referral and follow-up services across early childhood education, child care facilities, home visitor services as defined in section 3931, subsection 2, paragraph P , Head Start, Early Head Start, the Child Development Services System under Title 20‑A, section 7209, subsection 3 , health care providers and family supports; [PL 2021, c. 457, §1 (NEW).]

3. Delivery of services. Improve the delivery of services covered by early periodic screening, diagnosis and treatment required by Medicaid and other related services to promote children's healthy development; [PL 2021, c. 457, §1 (NEW).]

4. Centralized access point. Develop a centralized access point for families, caregivers and professionals to obtain information about early periodic screening, diagnosis and treatment services. The centralized access point must be available by telephone, the Internet and other communication platforms; [PL 2021, c. 457, §1 (NEW).]

5. Electronic directory. Compile and maintain an electronic directory of resources with respect to service providers and use appropriate methods of communication to assist families and caregivers and connect them with early intervention services, primary care and appropriate early periodic screening, diagnosis and treatment services to children at risk; and [PL 2021, c. 457, §1 (NEW).]

6. Data collection. Collect data necessary to align the system with evaluation requirements from the national center under section 3921, subsection 1 as well as identify gaps in services by type and region and barriers to obtaining appropriate services. [PL 2021, c. 457, §1 (NEW).]
22 M.R.S. § 2620-B — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2620-B
22 §2620-B. Exception
Status: in_force

Notwithstanding section 2619 , if a violation poses a serious risk to public health, the commissioner may issue an administrative compliance order immediately without having issued a notice of noncompliance or having attempted to negotiate an administrative consent order. [PL 1993, c. 678, §4 (NEW).]
22 M.R.S. § 814 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 814
22 §814. Court orders; additional requirements
Status: in_force

If commitment or a supervised living arrangement is ordered, the court shall require the head of the institutional facility or the person in charge of supervision to submit: [PL 1989, c. 487, §11 (NEW).]

1. Plan of treatment. A plan of treatment within 10 days of the commencement of the commitment or supervision; and [PL 1989, c. 487, §11 (NEW).]

2. Written report. A written report, with a copy to both the department and the individual, at least 20 days, but not more than 25 days, from the start of the commitment or supervision, setting forth the following: A. The types of support or therapy groups, if any, which the individual is attending and how often the individual attends; [PL 1989, c. 487, §11 (NEW).] B. The type of care or treatment the individual is receiving and what future care is necessary; [PL 1989, c. 487, §11 (NEW).] C. Whether the individual has been cured or made noninfectious or otherwise has ceased to pose a threat to public health; [PL 1989, c. 487, §11 (NEW).] D. Whether continued supervision or commitment is necessary; and [PL 1989, c. 487, §11 (NEW).] E. Any other information the court considers necessary. [PL 1989, c. 487, §11 (NEW).] [PL 1989, c. 487, §11 (NEW).]
22 M.R.S. § 3174-H — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-H
22 §3174-H. Availability of income between married couples in determination of eligibility
Status: in_force

Notwithstanding this chapter, for the purpose of determining medical indigency and eligibility for assistance for an individual residing or about to reside in an institution eligible for Medicaid participation under this section, there shall be a presumption, rebuttable by either spouse, that each spouse has a marital property interest in 1/2 of the total monthly income of both spouses at the time of application for medical assistance. Only the 1/2 interest of the applicant spouse shall be considered available to the spouse in determining eligibility for medical indigency and eligibility for assistance. [PL 1989, c. 502, Pt. A, §72 (NEW).]

The marital property interest of the applicant spouse in the income of both spouses may be rebutted upon a showing of one of the following: [PL 1989, c. 502, Pt. A, §72 (NEW).]

1. Court order. A court order allocating marital income pursuant to alimony, spousal support, equitable division of marital property or disposition of marital property; [PL 1989, c. 502, Pt. A, §72 (NEW).]

2. Individual ownership. The establishing of sole individual ownership of income from current active employment; or [PL 1989, c. 502, Pt. A, §72 (NEW).]

3. Supplementary allocation of spousal income. By applying to the Department of Health and Human Services for a supplementary allocation of spousal income pursuant to this section. [PL 1989, c. 502, Pt. A, §72 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

The Department of Health and Human Services shall establish standards for the reasonable and adequate support of the community spouse and the community residence of the couple. The standards shall consider the cost of housing payments, property taxes, property insurance, utilities, food, medical expenses, transportation, other personal necessities and the presence of other dependent persons in the home. [PL 1989, c. 502, Pt. A, §72 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

The community spouse may apply to the Department of Health and Human Services for a determination pursuant to the standards that the community spouse requires a larger portion of the marital income. Therefore, a smaller portion of the marital income will be available to the applicant spouse in determining medical indigency and eligibility for assistance. [PL 1989, c. 502, Pt. A, §72 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

As soon as authorized by federal law, the department shall implement this section. [PL 1989, c. 502, Pt. A, §72 (NEW).]
22 M.R.S. § 1730-A — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1730-A
22 §1730-A. Moratorium on ownership or operation of hospitals by private equity companies and real estate investment trusts (WHOLE SECTION TEXT EFFECTIVE UNTIL 6/15/26) (WHOLE SECTION TEXT REPEALED 6/15/26 by T. 22, §1730-A, sub-§3)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 6/15/26)

(WHOLE SECTION TEXT REPEALED 6/15/26 by T. 22, §1730-A, sub-§3)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Hospital" has the same meaning as in Title 36, section 2881, subsection 2 . [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] B. "Indirect ownership interest" means an ownership interest in an entity that has an ownership interest in a hospital. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] C. "Operational control" means to: (1) Influence or direct the actions or policies of any part of a hospital; or (2) Choose, appoint or terminate a member of a board, manager, managing member, senior employee, consultant or other individual or entity that participates in the operational oversight of a hospital. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] D. "Ownership interest" means possession or equity in capital, stock or profits in a hospital or ownership of real estate on which a hospital operates. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] E. "Private equity company" means an entity whether or not publicly traded that collects capital investments from individuals or entities. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] F. "Real estate investment trust" has the same meaning as in the United States Internal Revenue Code of 1986, Section 856. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).] [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).]

2. Moratorium. A private equity company or real estate investment trust may not acquire or increase a direct or indirect ownership interest or operational control or financial control in a hospital in the State. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).]

3. Repeal. This section is repealed June 15, 2026. [PL 2025, c. 401, §1 (NEW); PL 2025, c. 401, §2 (AFF).]
22 M.R.S. § 3174-QQ — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-QQ
22 §3174-QQ. Care for children with life-threatening conditions
Status: in_force

The department shall make decisions approving or disapproving care or services for children with life-threatening conditions who are members in the MaineCare program within one working day of receiving a complete urgent request or order from the health care provider or providers for the child. [PL 2011, c. 35, §1 (NEW).] Revisor's Note: §3174-QQ. Dental hygienist reimbursement (Section 3174-QQ as enacted by PL 2011, c. 457, §1 is REALLOCATED TO TITLE 22, SECTION 3174-RR)
22 M.R.S. § 4010-B — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010-B
22 §4010-B. Written policies
Status: in_force

1. Written policies. By February 1, 2003, the department shall put in writing all policies that direct or guide procedural and substantive decision making by caseworkers, supervisors and other department personnel concerning child protective cases. [PL 2001, c. 696, §21 (NEW).]

2. Publicly available. By February 1, 2003, the department shall make available to the public all policies that direct or guide procedural and substantive decision making by caseworkers, supervisors and other department personnel concerning child protective cases. The department shall post and maintain the policies on a publicly accessible site on the Internet. [PL 2001, c. 696, §21 (NEW).]

3. Kinship care policies. By September 1, 2002, the department shall make kinship care policies available in writing to the public. [PL 2001, c. 696, §21 (NEW).]

4. Rules. This section does not affect the department's responsibility to adopt rules as otherwise required by law. [PL 2001, c. 696, §21 (NEW).]
22 M.R.S. § 2037 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2037
22 §2037. Offenses
Status: in_force

It is unlawful for any person to: [PL 1975, c. 218 (RPR).]

1. Unlicensed. Operate, maintain, direct or engage in the business of operating a medical laboratory, as defined, unless the person has obtained a medical laboratory license from the department; or [RR 2021, c. 2, Pt. B, §113 (COR).]

2. Unsupervised. Conduct, maintain or operate a medical laboratory unless such medical laboratory is under the direct and responsible supervision and direction of the person possessing those qualifications required by Article 6 . [PL 1975, c. 218 (RPR).]
22 M.R.S. § 2656 — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2656
22 §2656. Elections in multiple community water districts
Status: in_force

1. Multiple community water system district-wide elections. In the case of public systems serving more than one municipality, in whole or in part, elections shall be held simultaneously in all municipalities served by the water system at the first general election following the certification of a request for an election on the issue of whether or not to fluoridate the water supply. Those eligible to vote shall be all registered voters within affected single-service municipalities and all registered voters within the affected public water system zone of multiservice municipalities. The following provisions apply to all multiple community water system district-wide elections. A. Each municipality shall be responsible for posting a warrant according to the following requirements. (1) It shall specify the voting place and the time of opening and closing of polls. (2) It shall specify that the purpose of the election is to determine the following question: "Shall fluoride be added to the public water supply for the intended purpose of reducing tooth decay?" (3) It shall specify that a public hearing will be held by the municipal officers of each municipality at least 10 days before the election date. (4) It must be signed by a majority of the municipal officers of the municipality and directed personally to a constable or any resident ordering the constable or resident to announce the election. (5) The person to whom the warrant is directed shall post an attested copy of it in a conspicuous public place in each voting district of the municipality at least 7 days immediately before the date of the public hearing. The person shall make a return on the warrant stating the manner of announcement and the time it was given and return the warrant to the municipal officers. (6) The municipal officers shall then deliver the warrant to the clerk who shall record it. [RR 2021, c. 2, Pt. B, §§132, 133 (COR).] B. Elections shall be held by secret preprinted ballots. [PL 1987, c. 122, §7 (NEW).] C. Each municipality shall provide for absentee ballots in a manner which substantially complies with Title 21‑A, chapter 9, subchapter IV . [PL 1987, c. 122, §7 (NEW).] [RR 2021, c. 2, Pt. B, §§132, 133 (COR).]

1-A. Elections in single community water districts. Elections in single community water districts shall be conducted in the same manner as other municipal elections. [PL 1987, c. 122, §8 (NEW).]

2. Reporting election results. Each municipal clerk shall certify in writing the results of the election within 72 hours of the vote to the Secretary of State. The results shall be certified as to the number of eligible voters voting in favor of fluoridation and the number of eligible voters voting in opposition to fluoridation. The municipality shall also certify to the Secretary of State the identity of the relevant public water district or districts involved. [PL 1983, c. 463, §4 (NEW).]

3. Vote tabulation. The Secretary of State shall, within 48 hours of receiving the last written certification, tabulate the votes from each municipality and immediately make public the results of the multiple community water system district-wide election by mailing to each affected municipality and public water system the results of the election, including the submitted votes from that municipality and public water system zone and the total multiple community water system district-wide vote. [PL 1983, c. 463, §4 (NEW).]
22 M.R.S. § 1541 — ME Code / Title 22 / Subtitle 2 / Chapter 262 / Section 1541
22 §1541. Definitions
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).]

1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed to prevent smoke escaping from the designated area into a public place. [PL 2005, c. 257, §1 (AMD).]

1-A. (TEXT EFFECTIVE UNTIL 1/05/26) Electronic smoking device. "Electronic smoking device" means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. [PL 2015, c. 318, §1 (NEW).]

1-A. (TEXT EFFECTIVE 1/05/26) Electronic smoking device. "Electronic smoking device" means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. [PL 2025, c. 367, §2 (AMD); PL 2025, c. 367, §20 (AFF).]

2. Enclosed area. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters, doors or passageways. A partition, partial wall or office divider is a demarcation of an enclosed area if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor. [PL 2005, c. 257, §1 (AMD).]

3. Private office. [PL 2005, c. 338, §1 (RP).]

4. Public place. "Public place" means any place not open to the sky into which the public is invited or allowed. Except as provided in section 1542, subsection 2, paragraph J , a private residence is not a public place. [PL 2003, c. 493, §2 (AMD); PL 2003, c. 493, §14 (AFF).]

5. Restaurant. [PL 2003, c. 493, §3 (RP); PL 2003, c. 493, §14 (AFF).]

6. Smoking. "Smoking" includes carrying or having in one's possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. "Smoking" includes the use of an electronic smoking device. [PL 2015, c. 318, §2 (AMD).]

7. Tobacco specialty store. "Tobacco specialty store" means a retail business under 2,000 square feet in which at least 60% of the business's gross revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products. [PL 2005, c. 223, §1 (NEW).]

8. Waterpipe or hookah. "Waterpipe" or "hookah" means a device used for smoking tobacco that consists of a tube connected to a container where the smoke is cooled by passing through water. [PL 2007, c. 180, §1 (NEW).]
22 M.R.S. § 326 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 326
22 §326. Short title
Status: in_force

This chapter may be known and cited as the "Maine Certificate of Need Act of 2002." [PL 2001, c. 664, §2 (NEW).]
22 M.R.S. § 5408 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5408
22 §5408. Technical assistance from other state agencies
Status: in_force

State agencies, including but not limited to the Department of Professional and Financial Regulation, Bureau of Insurance, the Department of Administrative and Financial Services, Bureau of Revenue Services and the Maine Health Data Organization, shall provide technical assistance and expertise to the marketplace upon request. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 3174-X — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-X
22 §3174-X. Contracted ombudsman services
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Children's health insurance program" means the state children's health insurance program under Title XXI of the Social Security Act. "Children's health insurance program" includes the program established in section 3174‑T , the federal Children's Health Insurance Program, or CHIP, and the federal State Children's Health Insurance Program, or S-CHIP. [PL 2023, c. 597, §13 (AMD).] B. "Eligible member" means a person who is eligible to participate as a member or beneficiary of the MaineCare program or the children's health insurance program. [PL 2015, c. 511, §1 (NEW).] C. "Ombudsman" means the director of the program and persons employed or volunteering to perform the work of the program. [PL 2015, c. 511, §1 (NEW).] D. "Outreach and education" includes, but is not limited to, work site and community-based training and workshops for members, eligible members and health care providers, social service providers and health insurance navigators, brokers and agents; outreach at events such as town fairs, expositions and health fairs; development of mailings about coverage options, open enrollment periods and other important updates; information hotline response, including providing information and referrals to members and eligible members who call; and screening for eligibility for coverage programs, including programs other than Medicaid programs such as, but not limited to, prescription assistance programs. [PL 2015, c. 511, §1 (NEW).] E. "Program" means the ombudsman program established under this section. [PL 2015, c. 511, §1 (NEW).] [PL 2023, c. 597, §13 (AMD).]

2. Program established. The ombudsman program is established as an independent program to provide ombudsman services to the Medicaid population regarding Medicaid services provided by the department and the department's office for family independence and office of MaineCare services. The program shall consider and promote the best interests of the Medicaid and children's health insurance program populations, answer inquiries and investigate, advise and work toward resolution of complaints of infringement of the rights of a member or eligible member. The program shall include outreach and education to eligible members and those who serve eligible members, including health care providers, social service providers and health insurance navigators, brokers, agents and other enrollment professionals. The program shall function through the staff of the program, subcontractors and any volunteers recruited and trained to assist in the duties of the program. If members or eligible members described in this subsection are applying for or receiving long-term care home-based and community-based services or institutional services, ombudsman assistance for those services is provided by the long-term care ombudsman program established pursuant to section 5106, subsection 11‑C . The program shall coordinate with the long-term care ombudsman program on activities, including but not limited to marketing, outreach and referral services. [PL 2015, c. 511, §1 (NEW).]

3. Contracted services; political activity prohibited. The program shall operate by contract with a nonprofit organization that is best able to provide services on a statewide basis. The ombudsman may not be actively involved in state-level political party activities or publicly endorse, solicit funds for or make contributions to political parties on the state level or candidates for statewide elective office. The ombudsman may not be a candidate for or hold any statewide elective or appointive public office. [PL 2015, c. 511, §1 (NEW).]

4. Program services. The first priority in the work of the program and the contract for ombudsman services under subsection 3 must be case-specific advocacy and enrollment services. In performing services under this section, the program, as it determines to be appropriate, may create and maintain records and case-specific reports. The program may: A. Provide information to the public about the services of the program through a comprehensive outreach program. The program shall provide information through a toll-free telephone number or numbers; [PL 2015, c. 511, §1 (NEW).] B. Answer inquiries, investigate and work toward resolution of complaints regarding the performance and services of the department and participate in conferences, meetings and studies that may improve the performance of the department; [PL 2015, c. 511, §1 (NEW).] C. Provide services to members and eligible members to assist them in protecting their rights; [PL 2015, c. 511, §1 (NEW).] D. Inform members and eligible members of the means of obtaining services from the department; [PL 2015, c. 511, §1 (NEW).] E. Provide information and referral services; [PL 2015, c. 511, §1 (NEW).] F. Analyze and provide opinions and recommendations to agencies, the Governor and the Legislature on state programs, rules, policies and laws; [PL 2015, c. 511, §1 (NEW).] G. Determine what types of complaints and inquiries will be accepted for action by the program and adopt policies and procedures regarding communication with members and eligible members making inquiries or complaints and the department; [PL 2015, c. 511, §1 (NEW).] H. Apply for and use grants, gifts and funds for the purpose of performing the duties of the program; and [PL 2015, c. 511, §1 (NEW).] I. Collect and analyze records and data relevant to the duties and activities of the program and make reports as required by law or as the department considers appropriate. [PL 2015, c. 511, §1 (NEW).] [PL 2015, c. 511, §1 (NEW).]

5. Information for members and eligible members; eligibility. The program, in consultation with appropriate interested parties, shall provide information about eligibility requirements and procedures for enrolling in MaineCare to members and eligible members, including their dependents. The providing of the information under this subsection does not constitute representation of members and eligible members. Members and eligible members may seek and receive information regardless of whether they are represented by legal counsel. The information must be provided free of charge to members and eligible members. This subsection does not create new rights or obligations concerning the provision of legal advice or representation of members and eligible members. [PL 2015, c. 511, §1 (NEW).]

6. Confidentiality of records. Information held by or records or case-specific reports maintained by the program are confidential. Disclosure may be made only if the ombudsman determines such disclosure is lawful and in the best interest of the member or eligible member. [PL 2015, c. 511, §1 (NEW).]

7. Liability. Any person who in good faith submits a complaint or inquiry to the program pursuant to this section is immune from any civil or criminal liability arising from that complaint or inquiry. For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this section did so in good faith. The ombudsman and employees and volunteers of the program are employees of the State for the purposes of the Maine Tort Claims Act. [PL 2015, c. 511, §1 (NEW).]

8. Information. Information about the services of the program must be given to all members and eligible members who receive or are eligible to receive services from the department and from persons and entities contracting with the department for the provision of Medicaid services. [PL 2015, c. 511, §1 (NEW).]

9. Report. The program shall report to the department according to the requirements of the program contract under subsection 3 . The program shall also report annually by January 1st to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the activities and services of the program, priorities that may have been set by the program among types of inquiries and complaints, waiting lists for services and the provision of outreach services and recommendations for changes in statute, rules or policy to improve the provision of services. [PL 2015, c. 511, §1 (NEW).]

10. Funding. The department shall contract for ombudsman services under this section as long as nonstate funding is available. [PL 2015, c. 511, §1 (NEW).]
22 M.R.S. § 7946 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-B / Section 7946
22 §7946. Enforcement and appeal
Status: in_force

1. Procedure. The department may impose any sanction in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV , providing the long-term care facility the opportunity for an administrative hearing, or file a complaint with the Superior Court requesting the imposition of any sanction authorized by this chapter. [PL 1987, c. 774, §4 (NEW).]

2. Collection of penalties; interest. Long-term care facilities that are fined pursuant to this chapter are required to pay the department the amount of the penalties. Penalties may be collected by the department by the offset of any reimbursement due the facility, or by any other method authorized by law. An appeal of the department's decision to penalize a long-term care facility stays the collection of any penalties. All penalties are to be assessed for each day that the facility is or was out of compliance and are to be collected with interest accruing at the rate set by Title 14, section 1602‑C . An appeal of the department's decision to penalize a long-term care facility does not stay the assessment of any penalties or interest as long as the long-term care facility continues to be in violation of any requirement of section 7943 . [PL 2003, c. 460, §12 (AMD).]

3. Reduction or delay of penalties. The department may reduce the amount or delay the payment of a penalty when a facility is able to show that payment of the total amount due would result in inadequate funds to provide necessary services to residents. In making this determination, the department may consider, among other factors, the amount of any savings as calculated pursuant to the principles of reimbursement, overall profits or cash reserves and any extraordinary expenses experienced by the facility, as well as the necessity of providing an incentive to correct violations of this chapter. [PL 1987, c. 774, §4 (NEW).]

4. Income from penalties. Any income from penalties must be placed in a special revenue account and be used by the department for purposes related to improving the quality of care for residents of long-term care facilities. [PL 2009, c. 621, §7 (AMD).]

5. No limitation on right of action. [PL 1991, c. 637, §1 (RP).]
22 M.R.S. § 1826 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1826
22 §1826. Nursing home admission contracts
Status: in_force

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

1. Required contract provisions. Each contract or agreement shall contain the following provisions. A. A resident may obtain medical care from any qualified institution, agency or person of the resident's choice, as long as that health care provider complies with any applicable laws or rules concerning the provision of care to the resident. [RR 2021, c. 2, Pt. B, §108 (COR).] B. A resident may obtain medication from any qualified pharmacy, as long as that pharmacy complies with any applicable state rules and federal regulations and with the reasonable policies of the facility concerning procurement of medication. [PL 1985, c. 291, §1 (NEW).] [RR 2021, c. 2, Pt. B, §108 (COR).]

2. Contract requirements. Each contract or agreement is subject to the following requirements. A. No contract or agreement may contain a provision for the discharge of a resident or the transfer of a resident to another facility or to another room within the same facility which is inconsistent with state law or rule. [PL 1985, c. 291, §1 (NEW).] B. Each contract or agreement must contain a complete copy of the department rules establishing residents' rights and must contain a written acknowledgement that the resident has been informed of those rights. If a resident is under full guardianship, there must be a written acknowledgement of the receipt of those rights by the guardian. If a resident is under limited guardianship, both the resident and the guardian must acknowledge receipt of the rights. All notices and information regarding rights must be written in language that is plain and understandable. No provision in the contract or agreement may negate, limit or otherwise modify any provision of the residents' rights. [PL 2011, c. 542, Pt. A, §29 (AMD).] C. No provision of a contract or agreement may require or imply a lesser standard of care or responsibility than is required by law or rule. [PL 1985, c. 291, §1 (NEW).] D. No provision in a contract or agreement may state or imply a lesser degree of responsibility for the personal property of a resident than is required by law or rule. [PL 1985, c. 291, §1 (NEW).] E. No contract or agreement may require the resident to sign a waiver of liability statement as a condition of discharge, even if the discharge is against medical advice. This does not prohibit a facility from attempting to obtain a written acknowledgement that the resident has been informed of the potential risk in being discharged against medical advice. [PL 1985, c. 291, §1 (NEW).] F. Each contract or agreement shall contain a provision which provides for at least 30 days' notice prior to any changes in rates and charges, responsibilities, services to be provided or any other items included in the contract or agreement. [PL 1985, c. 291, §1 (NEW).] G. No contract or agreement may require the resident to authorize the facility or its staff to manage, hold or otherwise control the income or other assets of a resident. [PL 1985, c. 291, §1 (NEW).] H. No contract or agreement may contain any provisions which restrict or limit the ability of a resident to apply for and receive Medicaid or which require a specified period of residency prior to applying for Medicaid. The resident may be required to notify the facility when an application for Medicaid has been made. No contract or agreement may require a deposit or other prepayment from Medicaid recipients. No contract or agreement may refuse to accept retroactive Medicaid benefits. [PL 1985, c. 291, §1 (NEW).] I. No contract or agreement may contain a provision that provides for the payment of attorney's fees or any other cost of collecting payments from the resident, except that attorney's fees and costs may be collected against any agent under a power of attorney who breaches the agent's duties as set forth in Title 18‑C, section 5‑914 or against a conservator appointed under Title 18‑C, section 5‑401 for breach of the conservator's duties. [RR 2019, c. 2, Pt. A, §26 (COR).] [RR 2019, c. 2, Pt. A, §26 (COR).]

3. Other contract provisions. The contract or agreement may contain other provisions that do not violate state law or rule or federal law or regulation and that are specifically allowed by the standardized contract under subsection 4 . [PL 1997, c. 329, §1 (AMD).]

4. Standardized contract. The commissioner shall adopt rules to standardize nursing home contracts for all nursing home residents to clarify the rights and obligations of residents. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 329, §2 (NEW).]
22 M.R.S. § 4302-A — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4302-A
22 §4302-A. Training for overseers and municipal officials
Status: in_force

1. Training required. No later than the 120th day after appointment or election, and annually thereafter, an overseer, municipal official designated by the overseers to administer this chapter and any municipal official appointed to administer this chapter shall complete training on the requirements of this chapter. [PL 2025, c. 2, Pt. SS, §1 (AMD).]

2. Training; minimum requirements. The department shall ensure that all overseers and municipal officials have access to training required in subsection 1 , at no cost to the overseer or municipal official, that can be completed in less than 4 hours and is accessible either in person, online or via a pre-recorded video presentation. At a minimum, the training must include instruction on the purpose of the general assistance program, the delivery of trauma-informed services and culturally and linguistically appropriate services as defined in section 4305, subsection 7 and the laws governing the general assistance program's administration, procedures and requirements. [PL 2023, c. 575, §1 (NEW).]

3. Communication of program requirements. The department annually shall transmit to an overseer, municipal official designated by the overseers to administer this chapter and any municipal official appointed to administer this chapter information about the rules, requirements and compliance expectations of the municipal general assistance program. [PL 2025, c. 2, Pt. SS, §2 (NEW).]
22 M.R.S. § 2020 — ME Code / Title 22 / Subtitle 2 / Chapter 411 / Section 2020
22 §2020. Fees
Status: in_force

Fees required under this Act may not be returned to the applicant or licensee under any circumstances. [PL 1975, c. 218 (RPR).]
22 M.R.S. § 3174-GGG — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-GGG
22 §3174-GGG. Palliative care reimbursement (REALLOCATED FROM TITLE 22, SECTION 3174-FFF)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 3174-FFF)

1. Reimbursement. The department shall provide reimbursement under the MaineCare program for palliative care for the entire interdisciplinary team as appropriate to the plan of care, regardless of setting, including hospitals, nursing homes, outpatient clinics and home care providers. For the purposes of this section, "palliative care" has the same meaning as in section 1726 . [PL 2021, c. 438, §1 (NEW); RR 2021, c. 1, Pt. A, §21 (RAL).]

2. Rules. The department shall adopt rules to implement this section. The rules must include, but are not limited to, reimbursement policies and quality control measures that ensure and promote high-value palliative care under the MaineCare program. The department shall use national standards for quality palliative care in the development of the rules. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 438, §1 (NEW); PL 2021, c. 438, §2 (AFF); RR 2021, c. 1, Pt. A, §21 (RAL).]

3. Stakeholder group. The department shall periodically convene a stakeholder group that includes the Palliative Care and Quality of Life Interdisciplinary Advisory Council established in Title 5, section 12004‑I, subsection 47‑I and representatives of organizations representing palliative care, home care and hospice providers to advise the department on educational materials and outreach related to this section. [PL 2021, c. 438, §1 (NEW); RR 2021, c. 1, Pt. A, §21 (RAL).]
22 M.R.S. § 4010-D — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4010-D
22 §4010-D. Child welfare advisory panel; annual report
Status: in_force

1. Annual report. The child welfare advisory panel shall submit a report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the activities of and reports produced by the child welfare advisory panel formed pursuant to the federal Children's Justice Act, 42 United States Code, Section 5106a to make policy and training recommendations for system improvements in the investigative, administrative and judicial handling of child abuse, neglect and exploitation cases and child maltreatment-related fatalities. [PL 2023, c. 261, §2 (NEW).]

2. Child welfare advisory panel quarterly report. The child welfare advisory panel shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters at least every 3 months. The advisory panel may submit a combined report with the child death and serious injury review panel established in section 4004, subsection 1, paragraph E or any judicial branch task force or panel with a focus on the child welfare system or child protective proceedings. Any presentation of the report to the committee must be presented by the citizen members of the panels to the extent possible. Each quarterly report must contain, at a minimum, the following: A. A summary of generalized and anonymized observations in the prior 3-month period regarding efforts by the Office of Child and Family Services to improve the child welfare system; [PL 2023, c. 261, §2 (NEW).] B. A summary of the collaboration between the child welfare advisory panel and the child death and serious injury review panel as well as any judicial branch task force or panel with a focus on the child welfare system or child protective proceedings; and [PL 2023, c. 261, §2 (NEW).] C. Any recommendations on how to further protect the State's children through department policy and rulemaking and through legislation. [PL 2023, c. 261, §2 (NEW).] [PL 2023, c. 261, §2 (NEW).]