22 M.R.S. § 1812-N — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-N
22 §1812-N. Intermediate care facility for persons with intellectual disabilities (REALLOCATED FROM TITLE 22, SECTION 1812-M)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 1812-M)

Notwithstanding any provision of section 1817 to the contrary, the following provisions apply to the licensing of intermediate care facilities for persons with intellectual disabilities. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

1. Definitions. For the purposes of this section, the following terms having the following meanings. A. "ICF/IID group facility" means a facility that provides services for clients with a diagnosis of intellectual disability, or related conditions, who require less than 8 hours of licensed nurse supervision per day. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. "ICF/IID nursing facility" means a facility that provides services for clients with a diagnosis of intellectual disability whose medical and nursing needs require the presence of a licensed nurse at least 8 hours per day and 7 days per week and provides nursing coverage to its clients 24 hours per day. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. "Intellectual disability" means significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] D. "Intermediate care facility for individuals with intellectual disabilities" or "ICF/IID" means a facility that furnishes services to individuals with intellectual disabilities that conform with the conditions described in 42 Code of Federal Regulations, Section 440.150 (2024). [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

2. License required. The operation of an intermediate care facility for individuals with intellectual disabilities requires a license issued by the department in accordance with this section. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

3. Licenses generally. The department is authorized to issue a license to an ICF/IID that, after inspection, is found to comply with this section and any rules adopted by the department. The following general terms apply to all types of licenses issued under this section: A. A license is not assignable or transferable; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. A license is immediately void if ownership of the ICF/IID changes; and [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. A license may not be effective earlier than the date on which the department receives a completed application and payment of the required application fee. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

4. Provisional license. A provisional license may be issued for a period of at least 3 months and not more than 12 months if, in the department's judgment, the applicant: A. Has not previously operated an ICF/IID; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. Has complied with all applicable laws and rules, except those that can only be followed once clients are served by the applicant; and [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. Has demonstrated the ability to comply with all applicable laws and rules once clients are in residence at the ICF/IID. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

5. Full license. The department may issue a full license to, or renew a full license for, an ICF/IID that the department determines has complied with all applicable laws and rules. The term of a full license may not exceed 2 years. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

6. Conditional license. The department may issue a conditional license to an ICF/IID applying for an initial license, or renewing a full license, if the applicant has failed to comply with applicable laws and rules or, in the judgment of the department, the best interests of the public would be served by issuance of a conditional license. Conditional licenses issued under this subsection are further governed by the following provisions: A. The term of a conditional license must be: (1) A specified period of time of not more than one year for applicants applying for a new license; or (2) The remaining period of the applicant's full license if the applicant has a full license and has applied for renewal; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. The department shall determine the period of the conditional license based on the severity of the laws or rules violated by the conditional licensee. The department shall specify the conditions imposed by the department and specify when the conditional licensee must comply with those conditions; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. Failure of the ICF/IID to meet any of the department's conditions immediately voids the conditional license. Notification to the ICF/IID of the voiding of the conditional license must be made in writing by the department to the conditional licensee or, if the conditional licensee cannot be reached for personal service, by notice left at the licensed premises; and [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] D. The department may consider a new application for a full license from the previous holder of a voided conditional license only after the conditions set forth by the department at the time of the issuance of the voided conditional license have been met and satisfactory evidence of this fact has been furnished to the department. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

7. Licensing fees; application fees. The department may charge a licensing fee that is no less than $200 per year and no more than $1,000 per year. The department may establish an application fee for any license issued under this section. An application fee established by the department must be nonrefundable and must be due upon submission of the application for licensure. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

8. Right of entry and inspection of ICF/IID. The department and any duly designated officer or employee of the department has the right to enter the premises of an ICF/IID licensed under this section at any reasonable time in order to determine whether the ICF/IID is complying with this section and any rules adopted pursuant to this section. An application for an ICF/IID license made pursuant to this section constitutes 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 the application. The right of entry and inspection extends to any premises that the department has reason to believe is being operated or maintained as an ICF/IID without a license, except that the department may not enter or inspect any premises without the permission of the owner or person in charge of that premises unless a warrant is first obtained from the District Court authorizing that entry or inspection. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

9. Inspections. ICF/IIDs must be periodically inspected by the department for compliance with this section and the rules adopted by the department pursuant to this section. An inspection for purposes of maintaining state licensure may be done concurrently with a survey to ensure that the ICF/IID meets the requirements for certification as an ICF/IID in federal Medicare and state Medicaid programs. The department must also inspect ICF/IIDs in response to complaints of suspected violations of rules adopted under this section, or suspected violations of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services' conditions of participation. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

10. Shared staffing. The department shall permit staff in an ICF/IID nursing facility to be shared with an ICF/IID group facility as long as there is a clear, documented audit trail and the staffing in the ICF/IID nursing facility remains adequate to meet the needs of clients. Staffing to be shared may be based on the average number of hours of coverage used per week or per month within the ICF/IID group facility. The department may suspend the facilities' ability to share staffing under this subsection if the most recent survey for either classification of ICF/IID indicates deficiencies that are related to client care and that arise from the sharing of staff. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

11. Notice of voluntary closure. Any person, including a county or local governmental unit, that is conducting, managing or operating an ICF/IID and that is properly licensed in accordance with this section shall give: A. At least 60 days' written notice of the voluntary closure date of the ICF/IID to the department; and [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. At least 30 days' written notice of the voluntary closure date of the ICF/IID to any governmental units or institutions that are primarily responsible for the welfare of the ICF/IID's clients and to: (1) The clients of the ICF/IID; and (2) As applicable, the clients' guardians, family members and both medical and financial powers of attorney. The purpose of the notice under this paragraph is to provide for adequate preparation for the orderly transfer of ICF/IID clients to another qualified facility. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

12. Intermediate sanctions. In addition to the actions authorized in subsections 13 and 14, the department may impose intermediate sanctions to improve the quality of care in ICF/IIDs. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

13. Amend, modify or refuse to renew license. In respect to any license issued under this section, the department may amend, modify or refuse to renew a license by initiating proceedings consistent with the Maine Administrative Procedure Act or filing a complaint with the District Court requesting suspension or revocation of that license for the following conduct: A. Violation of this section or any rules adopted pursuant to this section; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. Permitting, aiding or abetting the commission of any illegal act in the ICF/IID to which the license applies; or [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. Engaging in practices that are detrimental to the welfare of a client of the ICF/IID. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

14. Suspend or revoke license. Whenever conditions are found in an ICF/IID that violate this section or department rules issued pursuant to this section that, in the opinion of the commissioner, immediately endanger the health or safety of the clients of the ICF/IID or create an emergency, the department by its duly authorized agents may request, under the emergency proceeding provisions of Title 4, section 184, subsection 6 , that the District Court suspend or revoke the ICF/IID's license. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

15. Appeals. Any person that is aggrieved by the decision of the department to refuse to issue a license or renew a license may request a hearing as provided by the Maine Administrative Procedure Act. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]

16. Rules. The department shall adopt rules to administer this section. Rules adopted pursuant to this section are routine technical rules within the meaning of Title 5, chapter 375, subchapter 2‑A . Rules must include, but are not limited to: A. General licensing requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] B. Application requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] C. Quality measures; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] D. Personnel qualifications; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] E. Mandatory and minimum training requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] F. Compliance with federal certification requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] G. Staffing requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] H. Services provided and coordination of services; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] I. Supervision and organizational structure, including lines of authority; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] J. Physical plant and environmental requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] K. Record-keeping and confidentiality practices; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] L. Business records requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] M. Clients' rights; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] N. Medical services requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] O. Infection control and biomedical waste requirements; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] P. Management of personal funds of clients; [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] Q. Requirements of the ICF/IID before, during and after both voluntary and involuntary termination of services; and [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] R. Other aspects of services provided by an ICF/IID that may be necessary to protect clients. [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).] [PL 2025, c. 237, §4 (NEW); RR 2025, c. 1, Pt. A, §29 (RAL).]
22 M.R.S. § 412 — ME Code / Title 22 / Subtitle 2 / Chapter 152 / Section 412
22 §412. Coordination of public health infrastructure components
Status: in_force

1. Local health officers. Local health officers shall provide a link between the Maine Center for Disease Control and Prevention and every municipality. Duties of local health officers are set out in section 454‑A . [PL 2009, c. 355, §5 (NEW).]

2. Healthy Maine Partnerships. Healthy Maine Partnerships is established to provide appropriate essential public health services at the local level, including coordinated community-based public health promotion, active community engagement in local, district and state public health priorities and standardized community-based health assessment, that inform and link to districtwide and statewide public health system activities. Healthy Maine Partnerships must include interested community members; leaders of formal and informal civic groups; leaders of youth, parent and older adult groups; leaders of hospitals, health centers, mental health and substance use disorder treatment providers; emergency responders; local government officials; leaders in early childhood development and education; leaders of school administrative units and colleges and universities; community, social service and other nonprofit agency leaders; leaders of issue-specific networks, coalitions and associations; business leaders; leaders of faith-based groups; and law enforcement representatives. Where a service area of Healthy Maine Partnerships includes a tribal health department or health clinic, Healthy Maine Partnerships shall seek a membership or consultative relationship with leaders and members of Indian tribes or designees of health departments or health clinics of Indian tribes. The department and other appropriate state agencies shall provide funds as available to coalitions in Healthy Maine Partnerships that meet measurable criteria as set by the department for comprehensive community health coalitions. As funds are available, a minimum of one tribal comprehensive community health coalition must be provided funding as a member of a Healthy Maine Partnerships coalition. The tribal district is eligible for the same funding opportunities offered to any other district. The tribal district or a tribe is eligible to partner with any coalition in Healthy Maine Partnerships for collaborative funding opportunities that are approved by the tribal district coordinating council or a tribal health director. [PL 2017, c. 407, Pt. A, §65 (AMD).]

3. District public health units. District public health units shall help to improve the efficiency of the administration and coordination of state public health programs and policies and communications at the district and local levels and shall ensure that state policy reflects the different needs of each district. Tribal public health programs and services delivered by the tribal district or a tribal health department or health clinic must help improve the efficiency of the administration and coordination of publicly and privately funded public health programs and policies and communications at local, district, state and federal levels. [PL 2011, c. 306, §2 (AMD).]

4. District coordinating councils for public health. The Maine Center for Disease Control and Prevention, in consultation with Healthy Maine Partnerships, shall maintain a district coordinating council for public health in each of the 9 districts as resources permit. If the district jurisdiction includes tribal lands and tribal members, and is not the tribal district, the district coordinating council for public health may not represent the tribe or tribes but shall consider Indian health status and pursue a consultative relationship with the tribe or tribes. Tribal representatives may choose to participate in the district coordinating council for public health as members or function in a consultative relationship. The tribal district shall have a tribal district coordinating council. A. A district coordinating council for public health shall: (1) Participate as appropriate in district-level activities to help ensure the state public health system in each district is ready and maintained for accreditation; and (4) Ensure that the essential public health services and resources are provided for in each district in the most efficient, effective and evidence-based manner possible. [PL 2011, c. 90, Pt. J, §7 (AMD).] A-1. The tribal district coordinating council shall: (1) Participate as appropriate in department district-level activities to help ensure the tribal public health system in the tribal district is ready and maintained for tribal public health accreditation; and (2) Ensure that the national goals and strategies for health in tribal lands and the tribal district health goals and strategies are aligned and that tribal district health goals and strategies are appropriately tailored for each tribe and tribal health department or health clinic. [PL 2011, c. 306, §2 (NEW).] B. The Maine Center for Disease Control and Prevention, in consultation with Healthy Maine Partnerships, shall ensure the invitation of persons to participate on a district coordinating council for public health and shall strive to include persons who represent the Maine Center for Disease Control and Prevention, county governments, municipal governments, Indian tribes and their tribal health departments or health clinics, city health departments, local health officers, hospitals, health systems, emergency management agencies, emergency medical services, Healthy Maine Partnerships, school districts, institutions of higher education, physicians and other health care providers, clinics and community health centers, voluntary health organizations, family planning organizations, area agencies on aging, mental health services, substance use disorder services, organizations seeking to improve environmental health and other community-based organizations. [PL 2017, c. 407, Pt. A, §66 (AMD).] C. In districts, other than the tribal district, that contain tribal members, population health assessments and health improvement plans and strategies developed by municipal health departments, Healthy Maine Partnerships and district coordinating councils for public health must consider Indian health issues and disparities. Data used for these assessments must be sound and at the most local level available. Assessments must include any quantitative or qualitative data the tribes agree to share. Tribal health assessments and tribal health improvement plans and strategies may focus exclusively on tribal members but may be conducted only at any tribe's discretion. [PL 2011, c. 306, §2 (NEW).] D. Population and personal health programs, interventions and services that formally include or focus on tribal members must be developed in close consultation with tribes and must be culturally competent in design and implementation. In addition, tribes must be consulted prior to their inclusion in any grant applications. [PL 2011, c. 306, §2 (NEW).] A district coordinating council for public health, after consulting with the Maine Center for Disease Control and Prevention, shall develop membership and governance structures that are subject to approval by the Statewide Coordinating Council for Public Health except that approval of the Statewide Coordinating Council for Public Health is not required for the membership and governance structures of the tribal district coordinating council. [PL 2017, c. 407, Pt. A, §66 (AMD).]

5. Municipal and tribal health departments. Municipal health departments or tribal health departments or health clinics may enter into data-sharing agreements with the department for the exchange of public health data determined by the department to be necessary for protection of the public health. A data-sharing agreement under this subsection must protect the confidentiality and security of individually identifiable health information as required by state and federal law. [PL 2011, c. 306, §2 (AMD).]

5-A. Tribal district. The tribal district shall deliver components of essential public health services through the tribal district's public health liaisons, who are tribal employees or tribal district employees, and report to the tribes, the department's office of population health equity and any other sources of funding. Responses to federal and state requests for applications may be issued by one tribe, 2 or more tribes collectively or the tribal district as the recipient of funds. The directors of the tribal health departments or health clinics serve as the tribal district coordinating council for public health in an advisory role to the tribal district. The council may establish subcommittees to work on specific projects approved by the council. [PL 2021, c. 495, §1 (AMD).]

6. Statewide Coordinating Council for Public Health. The Statewide Coordinating Council for Public Health, established under Title 5, section 12004‑G, subsection 14‑G , is a representative statewide body of public health stakeholders for collaborative public health planning and coordination. A. The Statewide Coordinating Council for Public Health shall: (1) Participate as appropriate to help ensure the state public health system is ready and maintained for accreditation; (4) Assist the Maine Center for Disease Control and Prevention in planning for the essential public health services and resources to be provided in each district and across the State in the most efficient, effective and evidence-based manner possible; (5) Receive reports from the tribal district coordinating council for public health regarding readiness for tribal public health systems for accreditation if offered; and (6) Participate as appropriate and as resources permit to help support tribal public health systems to prepare for and maintain accreditation if assistance is requested from any tribe. The Maine Center for Disease Control and Prevention shall provide staff support to the Statewide Coordinating Council for Public Health as resources permit. Other agencies of State Government as necessary and appropriate shall provide additional staff support or assistance to the Statewide Coordinating Council for Public Health as resources permit. [PL 2011, c. 306, §2 (AMD).] B. Members of the Statewide Coordinating Council for Public Health are appointed as follows. (1) Each district coordinating council for public health, including the tribal district coordinating council, shall appoint one member. (2) The Director of the Maine Center for Disease Control and Prevention or the director's designee shall serve as a member. (3) The commissioner shall appoint an expert in behavioral health from the department to serve as a member. (4) The Commissioner of Education shall appoint a health expert from the Department of Education to serve as a member. (5) The Commissioner of Environmental Protection shall appoint an environmental health expert from the Department of Environmental Protection to serve as a member. (6) The Director of the Maine Center for Disease Control and Prevention, in collaboration with the cochairs of the Statewide Coordinating Council for Public Health, shall convene a membership committee. After evaluation of the appointments to the Statewide Coordinating Council for Public Health, the membership committee shall appoint no more than 10 additional members and ensure that the total membership has at least one member who is a recognized content expert in each of the essential public health services and has representation from populations in the State facing health disparities. The membership committee shall also strive to ensure diverse representation on the Statewide Coordinating Council for Public Health from county governments, municipal governments, tribal governments, tribal health departments or health clinics, city health departments, local health officers, hospitals, health systems, emergency management agencies, emergency medical services, Healthy Maine Partnerships, school districts, institutions of higher education, physicians and other health care providers, clinics and community health centers, voluntary health organizations, family planning organizations, area agencies on aging, mental health services, substance use disorder services, organizations seeking to improve environmental health and other community-based organizations. [PL 2017, c. 407, Pt. A, §67 (AMD).] C. The term of office of each member is 3 years. All vacancies must be filled for the balance of the unexpired term in the same manner as the original appointment. [PL 2009, c. 355, §5 (NEW).] D. Members of the Statewide Coordinating Council for Public Health shall elect annually a chair and cochair. The chair is the presiding member of the Statewide Coordinating Council for Public Health. [PL 2009, c. 355, §5 (NEW).] E. The Statewide Coordinating Council for Public Health shall meet at least quarterly, must be staffed by the department as resources permit and shall develop a governance structure, including determining criteria for what constitutes a member in good standing. [PL 2009, c. 355, §5 (NEW).] F. The Statewide Coordinating Council for Public Health shall report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the Governor's office on progress made toward achieving and maintaining accreditation of the state public health system and on districtwide and statewide streamlining and other strategies leading to improved efficiencies and effectiveness in the delivery of essential public health services. [PL 2011, c. 90, Pt. J, §9 (RPR).] [PL 2017, c. 407, Pt. A, §67 (AMD).]
22 M.R.S. § 3262 — ME Code / Title 22 / Subtitle 3 / Chapter 855-B / Section 3262
22 §3262. Applying for benefits
Status: in_force

An individual who is a resident of the State of Maine and who applies to the Social Security Administration for supplemental security income benefits pursuant to Title XVI of the Social Security Act shall be deemed to be applying for state supplemental income benefits provided pursuant to this Part and for medical care benefits provided by the State of Maine pursuant to Title XIX of the Social Security Act. Eligibility of a person for any benefit shall be determined in accordance with applicable laws of the United States and State of Maine. [PL 1973, c. 790, §3 (NEW).]
22 M.R.S. § 413 — ME Code / Title 22 / Subtitle 2 / Chapter 152 / Section 413
22 §413. Universal wellness initiative
Status: in_force

The Maine Center for Disease Control and Prevention, the Statewide Coordinating Council for Public Health, the district coordinating councils for public health and Healthy Maine Partnerships shall undertake a universal wellness initiative to ensure that all people of the State, including members of Indian Tribes, have access to resources and evidence-based interventions in order to know, understand and address health risks and to improve health and prevent disease. A particular focus must be on the uninsured and others facing health disparities. [PL 2011, c. 306, §3 (AMD).]

1. Resource toolkit for the uninsured. The Maine Center for Disease Control and Prevention and the Governor's office shall develop a resource toolkit for the uninsured with information on access to disease prevention, health care and other methods for health improvement. Healthy Maine Partnerships, the district coordinating councils for public health, the Maine Center for Disease Control and Prevention and the Statewide Coordinating Council for Public Health shall promote and distribute the toolkit materials, in particular through small businesses, schools, school-based health centers, tribal health departments or health clinics, and other health centers. Healthy Maine Partnerships, each district coordinating council for public health and the Statewide Coordinating Council for Public Health shall report annually to the Maine Center for Disease Control and Prevention on strategies employed for promotion of the toolkit materials. [PL 2011, c. 306, §3 (AMD).]

2. Health risk assessment. Healthy Maine Partnerships, the district coordinating councils for public health, the Statewide Coordinating Council for Public Health and the Maine Center for Disease Control and Prevention shall promote an evidence-based health risk assessment that is available to all people of the State, with a particular emphasis on outreach to the uninsured population, members of Indian tribes and others facing health disparities. These health risk assessments and their promotion must provide linkages to existing local disease prevention efforts and be collaborative with and not duplicative of existing efforts. [PL 2011, c. 306, §3 (AMD).]

3. Report card on health. The Maine Center for Disease Control and Prevention, in consultation with the Statewide Coordinating Council for Public Health, shall develop, distribute and publicize an annual brief report card on health status statewide and for each district by June 1st of each year. The report card must include major diseases, evidence-based health risks and determinants that impact health. [PL 2009, c. 355, §5 (NEW).]

The Maine Center for Disease Control and Prevention and the Governor's Office of Health Policy and Finance shall provide staff support to implement the universal wellness initiative in this section as resources permit. Other agencies of State Government as necessary and appropriate shall provide additional staff support or assistance. [PL 2009, c. 355, §5 (NEW).]
22 M.R.S. § 7934 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7934
22 §7934. Powers and duties of the receiver
Status: in_force

1. Powers and duties. A receiver appointed pursuant to this chapter has such powers as the court may direct to operate the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit and to remedy the conditions that constituted grounds for the receivership, to protect the health, safety and welfare of the residents or clients and to preserve the assets and property of the residents or clients, the owner and the licensee. On notice and hearing, the court may issue a writ of possession in behalf of the receiver, for specified facility property. The receiver shall make reasonable efforts to notify residents or clients and family that the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit is placed in receivership. The owner and licensee are divested of possession and control of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit during the period of receivership under such conditions as the court specifies. With the court's approval, the receiver has specific authority to: A. Remedy violations of federal and state regulations governing the operation of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit; [PL 2023, c. 309, §39 (AMD).] B. Hire, direct, manage and discharge any employees, including the administrator of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit; [PL 2023, c. 309, §39 (AMD).] C. Receive and expend in a reasonable and prudent manner the revenues of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit due during the 30-day period preceding the date of appointment and becoming due thereafter; [PL 2023, c. 309, §39 (AMD).] D. Continue the business of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit and the care of residents or clients; [PL 2023, c. 309, §39 (AMD).] E. Correct or eliminate any deficiency of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit that endangers the safety or health of the residents or clients, if the total cost of the correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver; and [PL 2023, c. 309, §39 (AMD).] F. Exercise such additional powers and perform such additional duties, including regular accountings, as the court considers appropriate. [PL 1995, c. 620, §7 (AMD).] [PL 2023, c. 309, §39 (AMD).]

2. Revenues of the facility. Revenues of the facility must be handled as follows. A. The receiver shall apply the revenues of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit to current operating expenses and, subject to the following provisions, to debts incurred by the licensee prior to the appointment of the receiver. The receiver shall ask the court for direction in the treatment of debts incurred prior to appointment when the debts appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, or when payment of the debts will interfere with the purposes of the receivership. Priority must be given by the receiver to expenditures for current direct resident or client care. Revenues held by or owing to the receiver in connection with the operation of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit are exempt from attachment and trustee process, including process served prior to the institution of receivership proceedings. [PL 2023, c. 309, §39 (AMD).] B. The receiver may correct or eliminate any deficiency of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit that endangers the safety or health of the resident or client, if the total cost of the correction does not exceed $3,000. On application by the receiver, the court may order expenditures for this purpose in excess of $3,000. The licensee or owner may apply to the court to determine the reasonableness of any expenditure over $3,000 by the receiver. [PL 2023, c. 309, §39 (AMD).] C. In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or clients, the receiver may petition the court for permission to borrow for these purposes. Notice of the receiver's petition to the court for permission to borrow must be given to the owner, the licensee and the department. The court may, after hearing, authorize the receiver to borrow money upon specified terms of repayment and to pledge security, if necessary, if the court determines that the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit should not be closed and that the loan is reasonably necessary to prevent or remove jeopardy or if it determines that the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit should be closed and that the expenditure is necessary to prevent or remove jeopardy to residents or clients for the limited period of time that they are awaiting transfer. The purpose of this provision is to protect residents or clients and to prevent the closure of long-term care facilities, home health care providers, personal care agencies, general hospitals, specialty hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies or end-stage renal disease units that, under proper management, are likely to be viable operations. This section may not be construed as a method of financing major repair or capital improvements to facilities that have been allowed to deteriorate because the owner or licensee has been unable or unwilling to secure financing by conventional means. [PL 2023, c. 309, §39 (AMD).] [PL 2023, c. 309, §39 (AMD).]

3. Avoidance of preexisting leases, mortgages and contracts. A receiver may not be required to honor a lease, mortgage, secured transaction or other contract entered into by the owner or licensee of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit if the court finds that: A. The person seeking payment under the agreement has an ownership interest in the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit or was related to the licensee, the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit by a significant degree of common ownership or control at the time the agreement was made; or [PL 2023, c. 309, §39 (AMD).] B. The rental, price or rate of interest required to be paid under the agreement is in excess of a reasonable rental, price or rate of interest. [PL 1983, c. 454 (NEW).] If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest that the receiver is permitted to avoid and if the real estate or goods are necessary for the continued operation of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the term of the receivership. The court shall hold a hearing on the application within 15 days, and the receiver shall send notice of the application to any known owners and mortgagees of the property at least 10 days before the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to an action against the receiver for payment or for the possession of the subject goods or real estate by a person who received such notice. Notwithstanding this subsection, there may not be a foreclosure or eviction during the receivership by any person if the foreclosure or eviction would, in view of the court, serve to defeat the purpose of the receivership. [PL 2023, c. 309, §39 (AMD).]

4. Closing of long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit. The receiver may not close the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit without leave of the court. In ruling on the issue of closure, the court shall consider: A. The rights and best interests of the residents or clients; [PL 1995, c. 620, §7 (AMD).] B. The availability of suitable alternative placements; [PL 1983, c. 454 (NEW).] C. The rights, interest and obligations of the owner and licensee; [PL 1983, c. 454 (NEW).] D. The licensure status of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit; and [PL 2023, c. 309, §39 (AMD).] E. Any other factors that the court considers relevant. [PL 1995, c. 620, §7 (AMD).] When a long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit is closed, the receiver shall provide for the orderly transfer of residents or clients to mitigate transfer trauma. [PL 2023, c. 309, §39 (AMD).]
22 M.R.S. § 14 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 14
22 §14. Action against parties liable for medical care rendered to assistance recipients; assignment of claims
Status: in_force

1. Recovery procedures. When benefits are provided or will be provided to a member under the MaineCare program administered by the department pursuant to the United States Social Security Act, Title XIX, including any prescription drug programs administered under the auspices of MaineCare, referred to collectively in this section as MaineCare, for the medical costs of injury, disease, disability or similar occurrence for which a 3rd party is, or may be, liable, the commissioner may recover from that party the cost of the benefits provided. This right of recovery is separate and independent from any rights or causes of action belonging to a member under the MaineCare program. For MaineCare recipients who participated in the MaineCare managed care program, "cost" means the total value of coverable medical services provided measured by the amount that MaineCare would have paid to providers directly for such services, were it not for the managed care system. The MaineCare program is the payor of last resort and shall provide medical coverage only when there are no other available resources. The Attorney General, or counsel appointed by the Attorney General, may, to enforce this right, institute and prosecute legal proceedings directly against the 3rd party in the appropriate court in the name of the commissioner. In addition to the right of recovery set forth in this subsection, the commissioner must also be subrogated, to the extent of any benefits provided under the MaineCare program, to any cause of action or claim that a member has against a 3rd party who is or may be liable for medical costs incurred by or on behalf of the member. The Attorney General, or counsel appointed by the Attorney General, to enforce this right may institute and prosecute legal proceedings in the name of the injured person, member, guardian, personal representative, estate or survivor. If necessary to enforce the commissioner's right of recovery, the Attorney General, or counsel appointed by the Attorney General, may institute legal proceedings against any member, including the agent, representative or attorney of that member, who has received a settlement or award from a 3rd party. The commissioner's right to recover the cost of benefits provided constitutes a statutory lien on the proceeds of an award or settlement from a 3rd party if recovery for MaineCare costs was or could have been included in the recipient's claim for damages from the 3rd party to the extent of the recovery for medical expenses. The commissioner is entitled to recover the cost of the benefits actually paid out when the commissioner has determined that collection will be cost-effective to the extent that there are proceeds available for such recovery after the deduction of reasonable attorney's fees and litigation costs from the gross award or settlement. In determining whether collection will be cost-effective, the commissioner shall consider all factors that diminish potential recovery by the department, including but not limited to questions of liability and comparative negligence or other legal defenses, exigencies of trial that reduce a settlement or award in order to resolve the recipient's claim and limits on the amount of applicable insurance coverage that reduce the claim to the amount recoverable by the recipient. The department's statutory lien may not be reduced to reflect an assessment of a pro rata share of the recipient's attorney's fees or litigation costs. The commissioner may, at the commissioner's discretion, compromise, or otherwise settle and execute a release of, any claim or waive any claim, in whole or in part, if the commissioner determines the collection will not be cost-effective or that the best possible outcome requires compromise, release or settlement. [PL 2007, c. 381, §1 (AMD).]

2. Condition for eligibility. [PL 1981, c. 24, §1 (RP).]

2-A. Assignment of rights of recovery. The receipt of benefits under the MaineCare program constitutes an assignment by the recipient or any legally liable relative to the department of the right to recover from 3rd parties for the medical cost of injury, disease, disability or similar occurrence for which the recipient receives medical benefits. The department's assigned right to recover is limited to the amount of medical benefits received by the recipient and does not operate as a waiver by the recipient of any other right of recovery against a 3rd party that a recipient may have. The recipient is also deemed to have appointed the commissioner as the recipient's attorney in fact to perform the specific act of submitting claims, making inquiries, requesting information, verifying other previous, current or potential coverage for the recipient or the recipient's spouse or dependents or endorsing over to the department any and all drafts, checks, money orders or any other negotiable instruments connected with the payment of 3rd-party medical claims to 3rd parties, liable parties or potentially liable 3rd parties. The appointment includes complete access to medical expense records and data, insurance policies and coverage and all other information relating to MaineCare's duty to cost-avoid and seek other coverage or payment response. [PL 2007, c. 240, Pt. JJJ, §1 (AMD); PL 2007, c. 448, §7 (AMD); PL 2007, c. 448, §14 (AFF).]

2-B. Direct reimbursement to health care provider. When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the insured's claim is payable to a health care provider as provided or permitted by the terms of a health insurance policy or pursuant to an assignment of rights by an insured, the insurer shall directly reimburse the health care provider to the extent that the claim is honored. [PL 2003, c. 20, Pt. K, §2 (AMD).]

2-C. Direct reimbursement to department. When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the claim is not payable to a health care provider under the terms of the insurance policy, the insurer shall directly reimburse the Department of Health and Human Services for any medical services paid by the department on behalf of a recipient under the MaineCare program to the extent that those medical services are payable under the terms of the insurance policy. If the insurer knows or has information upon which to reasonably conclude that the insured is a recipient of MaineCare services, the insurer shall advise the department in writing as to the existence of the claim prior to any other payment. [PL 2003, c. 20, Pt. K, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2-D. Notification of claim. A recipient under the MaineCare program, or any agent, representative or attorney representing a recipient under the MaineCare program, who makes a claim to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program shall notify the department in writing prior to settlement negotiations and provide information required by the department of the existence of the claim. If the notice is not given and the department's ability to recover for benefits paid is compromised, the department may institute legal proceedings against a recipient, including the agent, representative or attorney of that recipient, who has received a settlement or award from a 3rd party. The department may accept a letter of MaineCare claim protection in lieu of this section. [PL 2007, c. 381, §2 (AMD).]

2-E. Notification of pleading. In an action to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program, the party bringing the action shall notify the department of that action at least 10 days prior to filing the pleadings. The notification must provide timely opportunity for the department, at its discretion, to intervene in all actions as an interested party. If adequate opportunity to intervene is not given and the department’s ability to recover for benefits paid is compromised, the department may institute legal proceedings against a recipient, including the agent, representative or attorney of that recipient, who has received a settlement or award from a 3rd party. The department may accept a letter of MaineCare claim protection in lieu of intervention. Department records indicating medical benefits paid by the department on behalf of the recipient are prima facie evidence of the medical expenses incurred by the recipient for the related medical services. [PL 2007, c. 381, §3 (AMD).]

2-F. Disbursement. Except as otherwise provided in this subsection, a disbursement of any award, judgment or settlement may not be made to a recipient without the recipient or the recipient's attorney first paying to the department that amount of the award, judgment or settlement that constitutes reimbursement for medical payments made or obtaining from the department a release of any obligation owed to it for medical benefits provided to the recipient. If a dispute arises between the recipient and the commissioner as to the settlement of any claim that the commissioner may have under this section, the 3rd party or the recipient's attorney shall withhold from disbursement to the recipient an amount equal to the commissioner's claim. Either party may apply to the Superior Court or the District Court in which an action based upon the recipient's claim could have been commenced for an order to determine a reasonable amount in satisfaction of the statutory lien, consistent with federal law. [PL 2007, c. 381, §4 (AMD).]

2-G. Claims against estates of certain Medicaid recipients. [PL 1993, c. 410, Pt. I, §2 (RP).]

2-H. Honoring of assignments. The following provisions apply to claims for payment submitted by the department or a health care provider. A. Whenever the department submits claims to a health insurer, as included in 42 United States Code, Section 1396a(a)(25)(I), including self-insured plans, group health plans as defined in the federal Employee Retirement Income Security Act of 1974, Section 607(1), service benefit plans, managed care organizations, pharmacy benefit managers or other parties that are, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service, on behalf of a current or former recipient under the MaineCare program for whom an assignment of rights has been received, or whose rights have been assigned by the operation of law, the health insurer doing business in the State or providing coverage to a resident of this State must respond to the department within 60 days and: (1) Provide information, with respect to individuals who are eligible for or are provided medical assistance under the MaineCare program, upon the request of the State, to determine during what period the individual or the individual's spouse or dependents may be or may have been covered by a health insurer and the nature of the coverage that is or was provided by the health insurer, including the name, address and identifying number of the plan, in a manner prescribed by the United States Secretary of Health and Human Services; (2) Accept the State's right of recovery and the assignment to the State of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan and, in the case of a responsible 3rd party that requires prior authorization for an item or service furnished to an individual eligible to receive medical assistance under the MaineCare program, accept authorization provided by the State that the item or service is covered under the MaineCare program for that individual, as if the authorization were the prior authorization made by the 3rd party for the item or service; (3) Respond to any inquiry by the State regarding a claim for payment for any health care item or service that is submitted not later than 3 years after the date of the provision of such health care item or service; and (4) Agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim, the type or format of the claim form, a failure to present proper documentation at the point-of-sale that is the basis of the claim or, in the case of a responsible 3rd party, a failure to obtain a prior authorization for the item or service for which the claim is being submitted, if: (a) The claim is submitted by the State within the 3-year period beginning on the date on which the item or service was furnished; and (b) Any action by the State to enforce its rights with respect to such claim is commenced within 6 years of the State's submission of such claim. [PL 2023, c. 162, §1 (AMD).] B. [PL 2007, c. 240, Pt. JJJ, §3 (RP).] C. A payment made as part of an assignment by a 3rd party to the MaineCare program or a contractor acting on behalf of the MaineCare program is considered final 2 years after the date of the payment and when final the payment is not subject to adjustment. [PL 2023, c. 162, §1 (NEW).] [PL 2023, c. 162, §1 (AMD).]

2-I. Claims against estates of MaineCare recipients. Claims against the estates of MaineCare recipients are governed by this subsection. A. The department has a claim against the estate of a MaineCare recipient when, after the death of the recipient: (1) Property or other assets are discovered that existed and were owned by the recipient during the period when MaineCare benefits were paid for the recipient and disclosure of the property or assets at the time benefits were being paid would have rendered the recipient ineligible to receive the benefits; (2) It is determined that the recipient was 55 years of age or older when that person received MaineCare assistance; or (3) It is determined that the recipient has received or is entitled to receive benefits under a long-term care insurance policy in connection with which assets or resources are disregarded and medical assistance was paid on behalf of the recipient for nursing facility or other long-term care services. [PL 2003, c. 20, Pt. K, §2 (AMD).] B. The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the deceased recipient. (1) As to assets of the recipient included in the probated estate, this claim may be enforced pursuant to Title 18‑C, Article 3, Part 8 . (2) As to assets of the recipient not included in the probated estate, this claim may be enforced by filing a claim in any court of competent jurisdiction. [PL 2017, c. 402, Pt. C, §41 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Except for a claim collected through a voluntary payment arrangement under paragraph C‑2 , a claim may not be made under paragraph A , subparagraph (2) or (3) until: (1) The recipient has no surviving spouse; and (2) The recipient has no surviving child who is under age 21 or who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c. [PL 2005, c. 12, Pt. DDD, §9 (AMD); PL 2005, c. 12, Pt. DDD, §17 (AFF).] C-1. [PL 2007, c. 423, §1 (RP).] C-2. The department shall provide heirs, assignees or transferees of a deceased recipient an opportunity to pay a claim under this subsection through a voluntary payment arrangement that is acceptable to the department. The payment arrangement may consist of a payment plan, promissory note or other payment mechanism. [PL 2005, c. 12, Pt. DDD, §9 (NEW); PL 2005, c. 12, Pt. DDD, §17 (AFF).] D. Paragraph A , subparagraphs (2) and (3) apply only to a recipient who died on or after October 1, 1993 for MaineCare payments made on or after October 1, 1993. [PL 2003, c. 20, Pt. K, §2 (AMD).] E. A claim under paragraph A , subparagraph (2) must be waived if enforcement of the claim would create an undue hardship under criteria developed by the department or if the costs of collection are likely to exceed the amount recovered. A waiver may be granted in full or in part. A waiver may not be granted if the recipient or waiver applicant acted to lose, diminish, divest, encumber or otherwise transfer any value of or title to an asset for the purpose of preventing recovery under this subsection. [PL 2005, c. 12, Pt. DDD, §9 (AMD); PL 2005, c. 12, Pt. DDD, §17 (AFF).] F. As used in this subsection, unless the context otherwise indicates, the term "estate" means: (1) All real and personal property and other assets included in the recipient's estate, as defined in Title 18‑C, section 1‑201 ; and (2) Any other real and personal property and other assets in which the recipient had any legal interest at the time of death, to the extent of that interest, including assets conveyed to a survivor, heir or assign of the deceased recipient through tenancy in common, survivorship, life estate, living trust, joint tenancy in personal property or other arrangement but not including joint tenancy in real property. Unless otherwise required by the United States Social Security Act, 42 United States Code, Section 1396p(b), "estate" does not include an account established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295. [PL 2019, c. 348, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] G. The department may accept, hold, transfer title to and sell real property to collect a claim under this subsection. The department may receive title to real property from a personal representative, special or public administrator, creditor, heir, devisee, assignee or transferee in full or partial satisfaction of a claim under this subsection. [PL 2005, c. 12, Pt. DDD, §12 (NEW); PL 2005, c. 12, Pt. DDD, §17 (AFF).] [PL 2019, c. 348, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2-J. Authority to contract for attorney services. The department is authorized to pursue rights under this section, including 3rd-party reimbursement of MaineCare costs in workers' compensation claims cases, through contracted attorney services. The department may adopt rules as necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 311, §1 (NEW).]

3. Definitions. For purposes of this section, "3rd party" or "liable party" or "potentially liable party" means any entity, including, but not limited to, any health insurer as included in 42 United States Code, Section 1396a(a)(25)(I) and any other parties that are, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service, that may be liable under a contract to provide health, automobile, workers' compensation or other insurance coverage that is or may be liable to pay all or part of the medical cost of injury, disease, disability or similar occurrence of an applicant or recipient of benefits under the MaineCare program. For purposes of this section and sections 18 and 19 , an "insurance carrier" includes, but is not limited to, health insurers, group health plans as defined in 29 United States Code, Section 1167(1), service benefit plans and health maintenance organizations, as well as any other entity included in 42 United States Code, Section 1396a(a)(25)(I). "Liable party," "potentially liable party" or "3rd party" also includes the trustee or trustees of any mortuary trust established by the recipient or on the recipient's behalf in which there is money remaining after the actual costs of the funeral and burial have been paid in accordance with the terms of the trust and in which there is no provision that the excess be paid to the decedent's estate. "Liable party," "potentially liable party" or "3rd party" may also include the recipient of benefits under the MaineCare program. [PL 2007, c. 240, Pt. JJJ, §4 (AMD); PL 2007, c. 448, §9 (AMD); PL 2007, c. 448, §14 (AFF).]
22 M.R.S. § 3172 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3172
22 §3172. Definitions
Status: in_force

1. Aid. "Aid" means money payments to, or in behalf of, or medical care or any type of remedial care or any related services to needy individuals who qualify for such assistance under this chapter. [PL 1973, c. 790, §2 (NEW).]

1-A. Application. "Application" is the action by which an individual indicates in writing to the department the individual's desire to receive or to be recertified for assistance under this chapter. An application is distinguished from an inquiry, which is simply a request for information about eligibility requirements for assistance. [RR 2021, c. 2, Pt. B, §154 (COR).]

1-B. Approved Medicaid service. "Approved Medicaid service" means a medical service which will be provided to Medicaid recipients under the provisions of the United States Social Security Act, Title XIX and successors to it and related rules of the department. [PL 1981, c. 703, Pt. A, §22 (NEW).]

2. Home health care. "Home health care" means nursing services and other therapeutic services provided without a requirement that hospitalization should be an antecedent to care and provided on an intermittent visiting basis to individuals in their homes or other place of residence, excluding hospitals, extended care facilities, rehabilitation centers and skilled nursing homes. In addition to skilled nursing, these services may include physical therapy, speech therapy, occupational therapy, medical social services, home health aide services and such other services and standards of care as may be defined by the department which are pursuant to, consistent with and necessary to the administration of home health care within the intent of section 3173 . [PL 1977, c. 582, §1 (NEW).]

3. Medicaid recipient. "Medicaid recipient" means an individual authorized by the department to receive services under the provisions of the United States Social Security Act, Title XIX and successors to it. [PL 1981, c. 703, Pt. A, §23 (NEW).]
22 M.R.S. § 3482 — ME Code / Title 22 / Subtitle 3 / Chapter 958-A / Section 3482
22 §3482. Providing for protective services to incapacitated adults who lack the capacity to consent
Status: in_force

If the department reasonably determines that an incapacitated adult is being abused, neglected or exploited and lacks capacity to consent to protective services, the department may petition the Probate Court for guardianship or conservatorship, in accordance with Title 18-C, section 5-701 . The petition must allege specific facts sufficient to show that the incapacitated adult is in need of protective services and lacks capacity to consent to them. [PL 2017, c. 402, Pt. C, §56 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
22 M.R.S. § 753 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 753
22 §753. Duties of states -- Article III
Status: in_force

1. Plan. It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact. [PL 1967, c. 226 (NEW).]

2. Aid. Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, the requested state shall render all possible aid to the requesting state that is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of the compact administrator's authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto are not impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made. [RR 2021, c. 2, Pt. B, §86 (COR).]

3. Personnel and equipment. Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders. [PL 1967, c. 226 (NEW).]
22 M.R.S. § 3872 — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3872
22 §3872. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 483 (NEW).]

1. Community coordinating committee. [PL 1993, c. 142, §2 (RP).]

1-A. Child abuse and neglect prevention council. "Child abuse and neglect prevention council" means a community organization that provides continuous year-round service as a county's primary organization that serves to encourage and coordinate community efforts to prevent child abuse from occurring. Services may include public awareness activities, child safety education, parent education, support and information for parents, referral to services and training for professionals. [PL 2009, c. 204, §2 (AMD).]

2. Fiscal agent. "Fiscal agent" means an incorporated community organization, agency or institution designated by the child abuse and neglect prevention council and authorized by the Department of Health and Human Services to receive and distribute grants to that child abuse and neglect prevention council. [PL 2009, c. 204, §3 (AMD).]

3. Maine Child Abuse Prevention Councils. "Maine Child Abuse Prevention Councils" means the statewide organization composed of a majority of the child abuse and neglect prevention councils. The organization must have at least one representative from each member council. The organization shall work collaboratively to maintain a list of core activities offered in each of the counties represented by its membership and shall also maintain a statewide network that works to develop statewide plans and effective implementation strategies. [PL 2009, c. 204, §4 (AMD).]
22 M.R.S. § 8303-A — ME Code / Title 22 / Subtitle 6 / Chapter 1673 / Section 8303-A
22 §8303-A. Fee for licenses
Status: in_force

1. Child care facilities and family child care providers. The department shall adopt rules to establish reasonable fees for both initial licensure and license renewals for child care facilities and family child care providers. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 35, §26 (AMD).]

2. Nursery schools. The department shall adopt rules to establish reasonable initial and renewal licensing fees for nursery schools that may not exceed $40 for an initial or renewal license. The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 590, §6 (NEW).]
22 M.R.S. § 3954 — ME Code / Title 22 / Subtitle 3 / Chapter 1066 / Section 3954
22 §3954. Qualified expert witness
Status: in_force

1. Identification. In any proceeding subject to this Act that requires the testimony of a qualified expert witness, the qualified expert witness must be provided by the petitioner and must meet the criteria of subsection 3 or 4. A qualified expert witness may be identified based on information from the Indian child's tribe or with the assistance of the United States Department of the Interior, Bureau of Indian Affairs. [PL 2023, c. 359, §5 (NEW).]

2. Testimony provided. In any proceeding subject to this Act that requires the testimony of a qualified expert witness, at least one qualified expert witness must testify regarding: A. The prevailing social and cultural standards and child-rearing practices of the Indian child's tribe; and [PL 2023, c. 359, §5 (NEW).] B. Whether the Indian child's continued custody by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

3. Tribal qualification. A person is a qualified expert witness under this section if the Indian child's tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the Indian tribe. [PL 2023, c. 359, §5 (NEW).]

4. Alternative qualification. If the Indian child's tribe has not designated a qualified expert witness or the designated qualified expert witness is unavailable, the following individuals, in order of priority, may testify as a qualified expert witness: A. A member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing practices; [PL 2023, c. 359, §5 (NEW).] B. A member of another Indian tribe who is recognized to be a qualified expert witness by the Indian child's tribe based on the member's knowledge of the delivery of child and family services to Indians and the Indian child's tribe; [PL 2023, c. 359, §5 (NEW).] C. A layperson who is recognized by the Indian child's tribe as having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe; or [PL 2023, c. 359, §5 (NEW).] D. A professional person having substantial education and experience in the area of the professional person's specialty who can demonstrate knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. [PL 2023, c. 359, §5 (NEW).] [PL 2023, c. 359, §5 (NEW).]

5. Disqualified persons. A petitioning party, an employee of the petitioning party or an employee of the Department of Health and Human Services may not serve as a qualified expert witness or a professional under this section. [PL 2023, c. 359, §5 (NEW).]
22 M.R.S. § 24 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 24
22 §24. Photographs on electronic benefits transfer cards
Status: in_force

The commissioner shall place a photograph of a recipient of benefits under a program specified in section 22 on the recipient's electronic benefits transfer card if agreed to in writing by the recipient. When a recipient of benefits is a minor or incapacitated individual, the commissioner may place a photograph of the recipient's parent or legal guardian on the EBT card if agreed to in writing by that parent or legal guardian. [PL 2017, c. 284, Pt. NNNNNNN, §7 (NEW).]
22 M.R.S. § 2764 — ME Code / Title 22 / Subtitle 2 / Chapter 703 / Section 2764
22 §2764. Delayed birth registration
Status: in_force

In order to provide an official record of statements concerning births which have occurred in this State, the state registrar shall accept a registration of any birth of which no record can be found in either the files of the state registrar or the clerk of the municipality where the birth occurred, provided such registration is filed in accordance with this section.

1. Certificate of live birth. A certificate of live birth on the prescribed form must be filed with the Office of Data, Research and Vital Statistics if the date of filing is more than 7 days but not more than one year after the date of birth. The state registrar may prescribe the evidence of the facts of birth to be presented in the event none of the persons specified in section 2761 are available to sign the certificate. [PL 2011, c. 511, §7 (AMD).]

2. Delayed registration of birth. When the birth occurred more than one year prior to the date of filing, it must be registered on a form entitled "Delayed Registration of Birth." The form must provide for the following information and such other data as may be required by the department: A. A statement by the applicant including the name and sex of the person whose birth is to be registered, the place and date of birth, the name and birthplace of the father and the maiden name and birthplace of the mother; [PL 2011, c. 511, §7 (AMD).] B. The signature of the registrant, or a parent or guardian if the registrant is under 15 years of age or is mentally incompetent; C. The signature of the registrant must be acknowledged before an official authorized to take oaths; [PL 2011, c. 511, §7 (AMD).] D. A description of each document submitted in support of the delayed birth registration; and E. The date of filing. [PL 2011, c. 511, §7 (AMD).]

3. Description of evidence completed and filed. The state registrar shall complete the description of evidence required on the delayed registration of birth and accept and file the certificate, provided the following evidence is submitted in support of the facts of birth. A. If the birth occurred more than one year but less than 15 years prior to the date of filing, the facts of birth stated by the applicant must be supported by at least 2 documents, only one of which may be an affidavit of personal knowledge; or [PL 2011, c. 511, §8 (AMD).] B. If the birth occurred more than 15 years prior to the date of filing, the date and place of birth must be supported by at least 3 documents, only one of which may be an affidavit of personal knowledge, and the names of the parents must be supported by at least one document, which may be any one of the 3 submitted in evidence of the place and date of birth. C. Any document accepted as evidence, other than the affidavit of personal knowledge, shall be at least 5 years old, or shall be a copy or abstract of a record made at least 5 years prior to the date of filing and certified as a true and correct copy by the custodian of the record. [PL 2011, c. 511, §8 (AMD).]

4. Deficiencies. When the applicant does not submit documentation as specified in subsections 2 and 3 in support of the applicant's statements, or when the state registrar finds reason to question the adequacy of the documentation, the state registrar may not sign or accept the delayed registration of birth, but shall advise the applicant of its deficiencies and request that further documentation be submitted. [RR 2021, c. 2, Pt. B, §138 (COR).]

5. Attested copy to municipality. After the delayed birth registration has been accepted, the state registrar shall forward an attested copy to the clerk of the municipality where the birth occurred or, in case of a birth in an unincorporated place, to the municipal clerk specified by the state registrar. [PL 2011, c. 511, §9 (AMD).]

6. Form. Any certified copy of a delayed birth registration filed under this section shall be issued on a form which indicates that it is a copy of a delayed birth registration, and shall contain a description of the documents submitted in evidence.
22 M.R.S. § 756 — ME Code / Title 22 / Subtitle 2 / Chapter 163 / Section 756
22 §756. Compact administrators -- Article VI
Status: in_force

Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who: [PL 1967, c. 226 (NEW).]

1. Coordinate activities. Shall coordinate activities pursuant to this compact in and on behalf of the compact administrator's state. [RR 2021, c. 2, Pt. B, §87 (COR).]

2. Incident plan. Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan, consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest, and formulate procedures for claims and reimbursement under Article IV . [PL 1967, c. 226 (NEW).]
22 M.R.S. § 1508 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1508
22 §1508. Consent for gender-affirming hormone therapy
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Gender-affirming hormone therapy" means nonsurgical, medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, that includes, but is not limited to, the following health care: (1) Interventions to suppress the development of endogenous secondary sex characteristics; (2) Interventions to align the patient's appearance or physical body with the patient's gender identity; or (3) Interventions to alleviate symptoms of clinically significant distress resulting from gender dysphoria. [PL 2023, c. 413, §1 (NEW).] B. "Gender dysphoria" means a clinical diagnosis of gender dysphoria as defined either in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or in the Standards of Care for the Health of Transgender and Gender Diverse People, Version 8 or subsequent version, published by the World Professional Association for Transgender Health. [PL 2023, c. 413, §1 (NEW).] C. "Health care professional" means a person qualified by training and experience to provide and monitor the provision of gender-affirming hormone therapy who is authorized by law to prescribe medication and who is: (1) Licensed by the Board of Licensure in Medicine under Title 32, chapter 48 ; (2) Licensed by the Board of Osteopathic Licensure under Title 32, chapter 36 ; or (3) Licensed by the State Board of Nursing as an advanced practice registered nurse under Title 32, chapter 31 . [PL 2023, c. 413, §1 (NEW).] [PL 2023, c. 413, §1 (NEW).]

2. Authority of minor to consent. A health care professional may provide gender-affirming hormone therapy and follow-up care to a minor without obtaining the consent of the parent or guardian of the minor only if: A. The minor is at least 16 years of age; [PL 2023, c. 413, §1 (NEW).] B. The minor has been diagnosed with gender dysphoria by a health care professional; [PL 2023, c. 413, §1 (NEW).] C. In the judgment of the health care professional, the minor is experiencing harm from or is expected to experience harm from not receiving gender-affirming hormone therapy; [PL 2023, c. 413, §1 (NEW).] D. The minor informs the health care professional that the minor has discussed the minor's gender dysphoria with a parent or guardian of the minor and that parent or guardian refused to support treatment of the minor's gender dysphoria; and [PL 2023, c. 413, §1 (NEW).] E. The minor provides informed written consent to the receipt of gender-affirming hormone therapy in accordance with the requirements of subsection 3 ; the health care professional makes the written consent that is set forth in a writing containing the information and statements required by subsection 3, paragraph B and that is signed by the minor a part of the minor's health record; and the minor, under all the surrounding circumstances, is mentally and physically competent to give consent. [PL 2023, c. 413, §1 (NEW).] [PL 2023, c. 413, §1 (NEW).]

3. Informed consent. A minor who meets the requirements of subsection 2, paragraphs A to D may provide informed written consent to gender-affirming hormone therapy and follow-up care only in accordance with the requirements of this subsection. A. A health care professional shall, in a manner that the health care professional believes is not misleading and will be understood by the minor: (1) Explain that the information being given to the minor is not intended to coerce, persuade or induce the minor to consent to gender-affirming hormone therapy; (2) Explain that the minor may withdraw the decision to commence or to continue to receive gender-affirming hormone therapy at any time either before the therapy begins or during the course of the therapy; (3) Clearly and fully explore with the minor the alternative choices available for managing and treating gender dysphoria; (4) Explain the physiological effects, benefits and possible consequences of gender-affirming hormone therapy and follow-up care, including the physiological effects, benefits and possible consequences of discontinuing the therapy; (5) Discuss the possibility of involving the minor's parents or guardians in the minor's decision making about gender-affirming hormone therapy and follow-up care and explore whether the minor believes that parent or guardian involvement would be in the minor's best interests; and (6) Provide an adequate opportunity for the minor to ask any questions concerning gender dysphoria, gender-affirming hormone therapy and follow-up care and provide the information the minor seeks or, if the health care professional cannot provide the information, explain where the minor can obtain the information. [PL 2023, c. 413, §1 (NEW).] B. After providing the information and counseling required by paragraph A , the health care professional shall have the minor sign and date a form stating: (1) The business address and telephone number of the health care professional who provided the information and counseling required by paragraph A ; (2) The minor has received information on gender-affirming hormone therapy and follow-up care, including the benefits and possible consequences of and alternatives to gender-affirming hormone therapy; (3) The minor has received an explanation that the minor may withdraw consent to gender-affirming hormone therapy at any time, including after therapy begins; (4) The alternatives for managing gender dysphoria have been clearly and fully explored with the minor; (5) The minor has discussed with the health care professional the possibility of involving the minor's parents or guardians in the minor's decision making about gender-affirming hormone therapy and follow-up care. If the minor has chosen not to involve the minor's parents or guardians, the reasons for making that choice must be stated in writing on the form; and (6) The minor has been given an adequate opportunity to ask questions and receive answers about gender dysphoria, gender-affirming hormone therapy and follow-up care. [PL 2023, c. 413, §1 (NEW).] C. The health care professional who provided the information and counseling required by paragraph A shall also sign and date the form signed by the minor under paragraph B . The health care professional shall retain a copy of the form in that health care professional's files and shall give the form to the minor. If the health care professional who provided the information and counseling required by paragraph A is not the health care professional who will provide gender-affirming hormone therapy to the minor, at the minor's request the health care professional shall transmit the form to the health care professional who will provide gender-affirming hormone therapy to the minor. [PL 2023, c. 413, §1 (NEW).] [PL 2023, c. 413, §1 (NEW).]

4. Rebuttable presumption of validity. A written consent of a minor who meets the requirements of subsection 2 that is set forth in a writing containing the information and statements required by subsection 3, paragraph B and that is signed by the minor is presumed to be a valid, informed consent to treatment for gender-affirming hormone therapy and bars an action by a parent or guardian of the minor on the grounds of battery, malpractice or any other claim for providing gender-affirming hormone therapy without consent from a parent or guardian. The presumption of validity established in this subsection may be rebutted only by evidence that the minor's consent was obtained through fraud, deception or misrepresentation of material fact. [PL 2023, c. 413, §1 (NEW).]

5. Disallowance of recovery. Recovery is not allowed against a health care professional upon the grounds that gender-affirming hormone therapy of a minor who meets the requirements of subsection 2 was rendered without the informed consent of the minor when: A. The health care professional, in obtaining the minor's consent, complied with the terms of this section and the standards of care among members of the same health care profession with similar training and experience situated in the same or similar communities; or [PL 2023, c. 413, §1 (NEW).] B. The health care professional received and acted in good faith on the informed written consent to gender-affirming hormone therapy given by the minor to another health care professional that contains the information and statements required by subsection 3, paragraph B . [PL 2023, c. 413, §1 (NEW).] [PL 2023, c. 413, §1 (NEW).]

6. Nonseverability. In the event that any portion of subsections 1 to 5 is held invalid, it is the intent of the Legislature that this entire section, other than subsection 7 , is invalid. [PL 2023, c. 413, §1 (NEW).]

7. Authority of parent to consent unaffected. This section does not affect the legal authority of a parent or guardian to consent to gender-affirming hormone therapy for a minor in accordance with established standards of care. [PL 2023, c. 413, §1 (NEW).]
22 M.R.S. § 4265 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4265
22 §4265. Withdrawal and dissolution - Article 15 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Withdrawal. Once effective, the compact continues in force and remains binding upon each member state, except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal of the statute. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall then notify the other member states of the withdrawing state's intent to withdraw. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal. Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon a later date as determined by the members of the interstate commission. [PL 2007, c. 255, §6 (NEW).]

2. Dissolution of compact. This compact dissolves upon the effective date of the withdrawal or default of the member state that reduces the membership in the compact to one member state. Upon the dissolution of this compact, the compact becomes void and has no further force, and the business and affairs of the interstate commission are concluded and surplus funds must be distributed in accordance with the bylaws. [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 2428 — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2428
22 §2428. Registered dispensaries
Status: in_force

1. Provisions pertaining to primary caregiver apply to nonprofit dispensary. [PL 2009, c. 631, §42 (RP); PL 2009, c. 631, §51 (AFF).]

1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a qualifying patient, a registered dispensary may in accordance with rules adopted by the department: A. Dispense up to 2 1/2 ounces of harvested cannabis to the qualifying patient in one transaction, except that a dispensary may not dispense more than 2 1/2 ounces of harvested cannabis to a visiting qualifying patient during a 15-day period; [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).] B. Cultivate cannabis plants and possess all harvested cannabis from those cannabis plants; [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).] C. Receive reasonable monetary compensation for costs associated with assisting or for cultivating cannabis plants for the qualifying patient; [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).] D. Assist the qualifying patient with the medical use or administration of harvested cannabis; [PL 2019, c. 331, §22 (RPR); PL 2021, c. 669, §5 (REV).] E. Obtain harvested cannabis from a caregiver under section 2423‑A, subsection 2, paragraph K ; [PL 2019, c. 331, §23 (RPR); PL 2021, c. 669, §5 (REV).] F. Except as provided in section 2426 : (1) Transfer cannabis plants and harvested cannabis to a qualifying patient and to a caregiver on behalf of a qualifying patient in a retail sale for reasonable compensation; (2) Transfer cannabis plants and harvested cannabis to a qualifying patient, caregiver or dispensary for no remuneration; (3) Acquire cannabis plants and harvested cannabis from another dispensary for no remuneration; (4) Transfer to and accept from a registered caregiver or another dispensary cannabis plants and harvested cannabis in a wholesale transaction in accordance with this paragraph. A dispensary may transfer in wholesale transactions for reasonable compensation or for no remuneration an unlimited amount of the mature cannabis plants grown by the dispensary over the course of a calendar year, including any cannabis products or cannabis concentrate manufactured from mature cannabis plants grown by the dispensary. A dispensary may transfer to or accept from registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature cannabis plants and seedlings. A dispensary that acquires mature cannabis plants, cannabis products or cannabis concentrate in a wholesale transaction under this subparagraph may not resell the mature cannabis plants, cannabis products or cannabis concentrate except to a qualifying patient or to a caregiver or dispensary to assist a qualifying patient; (5) Transfer harvested cannabis to a manufacturing facility and accept cannabis products and cannabis concentrate from the manufacturing facility that are produced from the harvested cannabis the dispensary provided to the manufacturing facility; and (6) Provide samples to a cannabis testing facility for testing and research purposes; [PL 2021, c. 669, §5 (REV); PL 2021, c. 676, Pt. A, §34 (AMD).] G. Conduct cannabis testing at the request of anyone authorized to possess cannabis plants or harvested cannabis under this chapter for research and development purposes only; [PL 2019, c. 331, §25 (RPR); PL 2021, c. 669, §5 (REV).] H. Manufacture cannabis products for medical use, except that a dispensary may not prepare food, as defined in section 2152, subsection 4 , unless licensed pursuant to section 2167 ; [PL 2017, c. 452, §16 (NEW); PL 2021, c. 669, §5 (REV).] I. Manufacture cannabis concentrate for medical use, except that a dispensary may not produce cannabis concentrate using inherently hazardous substances unless authorized pursuant to section 2423‑F, subsection 3 ; [PL 2017, c. 452, §16 (NEW); PL 2021, c. 669, §5 (REV).] J. Provide harvested cannabis to a manufacturing facility and obtain cannabis products and cannabis concentrate from the manufacturing facility that is produced from the harvested cannabis the registered dispensary provided to the manufacturing facility; [PL 2017, c. 452, §16 (NEW); PL 2021, c. 669, §5 (REV).] K. Hire any number of assistants who are 21 years of age or older to assist in performing the duties of the dispensary; [PL 2023, c. 6, §9 (AMD).] L. Transport cannabis plants and harvested cannabis as necessary to carry out the activities authorized under this section; and [PL 2023, c. 6, §10 (AMD).] M. Notwithstanding chapter 262‑A , sell, offer to sell or furnish cannabis paraphernalia to a qualifying patient or to a caregiver for a qualifying patient's medical use of cannabis. [PL 2023, c. 6, §11 (NEW).] [PL 2023, c. 6, §§9-11 (AMD).]

2. Registration requirements. [PL 2017, c. 452, §16 (RP).]

3. Rules. [PL 2017, c. 452, §16 (RP).]

4. Expiration. [PL 2017, c. 452, §16 (RP).]

5. Inspection. [PL 2017, c. 452, §16 (RP).]

6. Registered dispensary requirements. This subsection governs the operations of registered dispensaries. A. [PL 2017, c. 452, §16 (RP).] B. A dispensary may not be located within 500 feet of the property line of a preexisting public or private school. [PL 2009, c. 631, §42 (AMD); PL 2009, c. 631, §51 (AFF).] C. [PL 2017, c. 452, §16 (RP).] D. [PL 2017, c. 452, §16 (RP).] E. A dispensary shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing cannabis plants and harvested cannabis and the theft of cannabis plants and harvested cannabis at the dispensary and the one permitted additional location at which the dispensary cultivates cannabis plants for medical use by qualifying patients. [PL 2019, c. 331, §26 (AMD); PL 2021, c. 669, §5 (REV).] F. The operating documents of a dispensary must include procedures for the oversight of the dispensary and procedures to ensure accurate record keeping in accordance with section 2430‑J . [PL 2023, c. 365, §10 (AMD).] G. [PL 2017, c. 452, §16 (RP).] H. [PL 2023, c. 679, Pt. A, §15 (RP).] I. All cultivation of cannabis plants must take place in a cultivation area unless the cannabis plants are being transported pursuant to subsection 1‑A, paragraph L. (1) The dispensary shall ensure that the mature cannabis plants and immature cannabis plants and seedlings cultivated by the dispensary are kept in separate spaces within the same cultivation area. The cultivation area must be located on a single parcel or tract of land, and the dispensary must disclose the location of the cultivation area to the department. The dispensary may not maintain more than one cultivation area. (2) Access to cultivation areas is limited to a cardholder who is an officer, director or assistant of the dispensary when acting in that cardholder's official capacity, except that an elected official invited by an officer, director or assistant for the purpose of providing education to the elected official on cultivation by the dispensary, emergency services personnel, an assistant of a cannabis testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access the cultivation area to provide professional services while under the direct supervision of a cardholder who is an officer, director or assistant of the dispensary. [PL 2021, c. 662, §31 (AMD); PL 2021, c. 669, §5 (REV).] J. [PL 2017, c. 452, §16 (RP).] K. A dispensary shall display the dispensary's registration certificate issued under section 2425‑A in a publicly visible location in the dispensary. [PL 2017, c. 452, §16 (AMD).] L. [PL 2017, c. 452, §16 (RP).] M. [PL 2017, c. 452, §16 (RP).] N. [PL 2017, c. 452, §16 (RP).] O. A dispensary may not be required to have designated parking spaces in order to be issued or reissued a registration certificate by the office. [PL 2023, c. 679, Pt. A, §16 (NEW).] [PL 2023, c. 679, Pt. A, §§15, 16 (AMD).]

7. Maximum amount of cannabis to be dispensed. A dispensary or an officer or director or assistant of a dispensary may not dispense more than 2 1/2 ounces of harvested cannabis in one transaction to a qualifying patient or to a caregiver on behalf of a qualifying patient, except that a dispensary or an officer or director or assistant of a dispensary may not dispense more than 2 1/2 ounces of harvested cannabis to a visiting qualifying patient during a 15-day period. [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).]

8. Immunity. [PL 2009, c. 631, §42 (RP); PL 2009, c. 631, §51 (AFF).]

8-A. Immunity. [PL 2017, c. 452, §16 (RP).]

9. Prohibitions. The prohibitions in this subsection apply to a registered dispensary. A. [PL 2017, c. 452, §16 (RP).] B. A dispensary may not dispense, deliver or otherwise transfer cannabis plants or harvested cannabis except as provided in this chapter. [PL 2019, c. 331, §27 (AMD); PL 2021, c. 669, §5 (REV).] C. [PL 2017, c. 452, §16 (RP).] D. A person who has been convicted of a disqualifying drug offense may not be an officer or director of a dispensary. (1) A person who is an officer or director of a dispensary in violation of this paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged. (2) A person who is an officer or director of a dispensary in violation of this paragraph and who at the time of the violation has been previously found to have violated this paragraph may be subject to additional enforcement action as established by the office in rule. [PL 2023, c. 679, Pt. A, §17 (AMD).] E. [PL 2017, c. 452, §16 (RP).] F. A dispensary may not contract for the cultivation of seeds of a cannabis plant, seedlings or immature cannabis plants, except that a dispensary may engage in wholesale transactions in accordance with subsection 1‑A, paragraph F , subparagraph (4). [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).] G. A registered dispensary may not use a pesticide on cannabis plants except a pesticide that is used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered dispensary may not in the cultivation of cannabis plants use a pesticide unless at least one registered dispensary assistant involved in the application of the pesticide is certified pursuant to section 1471‑D and all other registered dispensary assistants who have direct contact with treated plants have completed safety training pursuant to 40 Code of Federal Regulations, Section 170.130. A registered dispensary assistant who is not certified pursuant to section 1471‑D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Section 170.230. [PL 2017, c. 452, §16 (AMD); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 679, Pt. A, §17 (AMD).]

10. Local regulation. [PL 2017, c. 447, §22 (RP); PL 2017, c. 452, §16 (RP).]

11. Limitation on number of dispensaries. [PL 2017, c. 452, §16 (RP).]

11-A. Limitation on number of dispensaries registered. This subsection governs the limits on the number of dispensary registration certificates that may be issued by the department. A. In addition to the 8 dispensary registration certificates issued as of April 1, 2018, the department shall issue 6 dispensary registration certificates to applicants that the department determines meet all criteria established in rule. Of the new registration certificates issued after April 1, 2018, the department may not issue more than one additional registration certificate to any dispensary operating in the State on April 1, 2018 or to its successor in interest and the department may not issue more than one dispensary registration certificate to any person that did not hold a dispensary registration certificate as of April 1, 2018. After January 1, 2021, the department may not limit the number of registration certificates it issues to a person to operate as a dispensary. [PL 2017, c. 452, §16 (NEW).] B. The department shall issue a registration certificate to a dispensary that operated as a nonprofit entity prior to April 1, 2018 if 2/3 of the officers or directors of the entity that is the successor in interest of that nonprofit entity were officers or directors of the nonprofit entity at the time the nonprofit entity ceased existing as a nonprofit entity. The registration certificate of a dispensary operating as a nonprofit entity prior to April 1, 2018 expires upon the cessation of existence of the nonprofit entity unless an entity that is the successor in interest to that nonprofit entity and that meets the requirements of this paragraph is capable of operating under the registration certificate at substantially the same time the nonprofit entity ceases existence. The registration certificate issued to the entity that is the successor in interest to the nonprofit entity under this paragraph expires on the date the registration certificate issued to the nonprofit entity would have expired. [PL 2017, c. 452, §16 (NEW).] [PL 2017, c. 452, §16 (NEW).]

12. Labels. [PL 2017, c. 452, §16 (RP).]

13. Reorganization to for-profit status. Any of the 8 registered dispensaries that were issued registration certificates as of April 1, 2018 and that are operating as nonprofit entities may convert to a for‑profit entity pursuant to this subsection. A registered dispensary established pursuant to subsection 11‑A, paragraph A that was not issued a dispensary registration certificate before April 1, 2018 and operates as a nonprofit entity may not convert to a for-profit entity. A. A registered dispensary that is operating as a nonprofit entity may enter into any of the following transactions to reorganize the registered dispensary as a for-profit entity: (1) A registered dispensary operating as a nonprofit entity may merge with and into a business corporation formed pursuant to Title 13‑C ; (2) A business corporation formed pursuant to the laws of this State may purchase substantially all of the assets of a registered dispensary operating as a nonprofit entity; and (3) Notwithstanding any provision of the law to the contrary in this Title, Title 13‑B or Title 13‑C , a registered dispensary operating as a nonprofit entity is entitled to convert into a domestic business corporation by adopting a plan of entity conversion in accordance with Title 13‑C, section 953 that is approved by a vote of 2/3 of the members of the board of directors of the nonprofit entity at a meeting duly called for that purpose or by unanimous written consent. A plan of entity conversion adopted pursuant to this subparagraph must be signed and submitted to the Secretary of State on a form prescribed by the Secretary of State, must be executed and filed in the manner prescribed in Title 13‑C, section 955 and is subject to Title 13‑C, section 957 . If the Secretary of State finds that such filings comply with this subparagraph, the Secretary of State shall accept the filings. [PL 2019, c. 312, §1 (NEW).] B. Notwithstanding Title 13‑B, section 718 , and notwithstanding any provision to the contrary in the articles of incorporation or the bylaws of a registered dispensary operating as a nonprofit entity, there exists no conflict of interest nor violation of fiduciary duty for the directors of a registered dispensary operating as a nonprofit entity for the limited purposes of: (1) Approving a transaction in order to reorganize pursuant to this section as set forth in paragraph A , subparagraph (1), (2) or (3); (2) Issuing any shares, membership interests or other securities, obligations, rights to acquire interests or other securities, cash or other property in order to reorganize pursuant to this section; or (3) Designating the directors or a business corporation in which the directors hold interests as members of a nonprofit entity that previously had no members in order to reorganize pursuant to this section. [PL 2019, c. 312, §1 (NEW).] C. The patients of a registered dispensary that is operating as a nonprofit entity may not be deemed members entitled to vote under Title 13‑B, section 604 , nor may such patients be deemed members for purposes of a merger, purchase or conversion reorganization transaction pursuant to this subsection. [PL 2019, c. 312, §1 (NEW).] D. If a registered dispensary reorganizes as a for-profit entity pursuant to this section and subsequently sells or transfers its interest in the reorganized registered dispensary, the registered dispensary or the dispensary's successor in interest, shall pay to the Medical Use of Cannabis Fund established under section 2430 a percentage of the value of the sale or transfer of interest, as determined by an independent appraisal at the time of the sale or transfer of interest, in accordance with this paragraph: (1) If the sale or transfer of interest is completed in the first year after the reorganization, the amount paid to the Medical Use of Cannabis Fund must equal 10% of the value of the sale or transfer of interest; (2) If the sale or transfer of interest is completed in the 2nd year after the reorganization, the amount paid to the Medical Use of Cannabis Fund must equal 7.5% of the value of the sale or transfer of interest; (3) If the sale or transfer of interest is completed in the 3rd year after the reorganization, the amount paid to the Medical Use of Cannabis Fund must equal 5% of the value of the sale or transfer of interest; and (4) If the sale or transfer of interest is completed in the 4th year after the reorganization, the amount paid to the Medical Use of Cannabis Fund must equal 2.5% of the value of the sale or transfer of interest. The cost of an appraisal required under this paragraph must be paid from the Medical Use of Cannabis Fund. [PL 2019, c. 312, §1 (NEW); PL 2021, c. 669, §5 (REV).] E. [PL 2019, c. 312, §1 (NEW); MRSA T. 22 §2428, sub-§13, ¶E (RP).] F. A registered dispensary subject to paragraph D shall provide to the Attorney General the independent appraisal required in paragraph D . [PL 2019, c. 312, §1 (NEW).] G. Except as provided in paragraph F , a transaction pursuant to this subsection does not require any approval or notice under the provisions of Title 5, chapter 9 . [PL 2019, c. 312, §1 (NEW).] H. The registration status of a registered dispensary that has completed a reorganization transaction pursuant to this subsection is governed by subsection 11‑A, paragraph B . [PL 2019, c. 312, §1 (NEW).] [PL 2019, c. 312, §1 (NEW); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 3026 — ME Code / Title 22 / Subtitle 2 / Chapter 711 / Section 3026
22 §3026. Reports of death
Status: in_force

1. Persons suspecting medical examiner case. Any person who becomes aware of a suspected medical examiner case shall immediately notify a law enforcement officer or the Office of Chief Medical Examiner. As used in this subsection, "person" means a natural person, including a public servant, and a corporation, partnership, unincorporated association or any other nonhuman legal entity, including any governmental unit. [PL 2001, c. 222, §7 (AMD).]

2. Law enforcement officers suspecting medical examiner case. Any law enforcement officer who becomes aware of a suspected medical examiner case shall immediately notify the Office of Chief Medical Examiner. [PL 2001, c. 222, §7 (AMD).]

3. Medical examiners suspecting medical examiner case. Any medical examiner who becomes aware of a death caused by physical injury, or in which physical injury is the suspected cause, shall immediately notify the Office of Chief Medical Examiner and the appropriate law enforcement agency. The agency shall notify the district attorney for the district in which the body is located. [PL 2001, c. 222, §7 (AMD).]

4. Cases involving or suspected of involving physical injury attributable to criminal conduct. Any law enforcement officer or medical examiner who becomes aware of a death involving physical injury attributable to criminal conduct, or in which physical injury attributable to criminal conduct is suspected, other than vehicular manslaughter, in addition to complying with the notification requirements in subsection 3 , shall immediately notify the Attorney General. [PL 2001, c. 222, §7 (AMD).]
22 M.R.S. § 1812-J — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1812-J
22 §1812-J. Direct care workers
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Certified nursing assistant" means an individual who has successfully completed an approved nursing assistant training program, holds a certificate of training and meets the eligibility requirements established by the State Board of Nursing for listing on the registry. [PL 2009, c. 215, §2 (NEW).] A-1. "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish. [PL 2011, c. 257, §3 (NEW).] A-2. "Disqualifying offense" means a substantiation of abuse, neglect or exploitation or a criminal conviction identified in rules adopted by the department that prohibit employment as a direct care worker. [PL 2023, c. 241, §28 (AMD).] A-3. "Health care and direct access services settings" means settings in which individuals receive services that require direct access by a certified nursing assistant or a direct care worker or other employee in providing direct care and related services. [PL 2023, c. 241, §29 (AMD).] A-4. "High severity" means the level, as established by the department by rule, of abuse, neglect or misappropriation of property of a client, patient or resident that forms the basis for a substantiated finding after investigation of a complaint against a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident. [PL 2023, c. 241, §30 (AMD).] A-5. "Indicated finding" means an administrative determination made by the department, after investigation of a complaint against a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident, that the abuse, neglect or misappropriation of property of a client, patient or resident was of low to moderate severity based on criteria established by the department by rule and that the person is not prohibited from employment as a direct care worker. [PL 2023, c. 241, §31 (AMD).] A-6. "Low to moderate severity" means the level, as established by the department by rule, of abuse, neglect or misappropriation of property of a client, patient or resident that forms the basis for an indicated finding after investigation of a complaint against a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident. [PL 2023, c. 241, §32 (AMD).] A-7. "Nondisqualifying criminal conviction" means a criminal conviction identified in rules adopted by the department that is included as a notation on the registry but does not prohibit employment as a direct care worker. [PL 2023, c. 241, §33 (AMD).] B. "Registry" means the Maine Registry of Certified Nursing Assistants and Direct Care Workers, which is a list of certified nursing assistants, with notations if applicable, and a list of direct care workers with notations and is established under section 1812‑G . [PL 2023, c. 241, §34 (AMD).] C. "State survey agency" means the agency specified in 42 United States Code, Sections 1395aa and 1396 responsible for determining whether institutions and agencies meet requirements for participation in the State's Medicare and Medicaid programs and authorized to investigate and substantiate complaints against certified nursing assistants. [PL 2011, c. 257, §3 (AMD).] C-1. "Substantiated finding" means an administrative determination made by the department, after investigation of a complaint against a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident, that the abuse, neglect or misappropriation of property of a client, patient or resident was of high severity based on criteria established by the department by rule. [PL 2023, c. 241, §35 (AMD).] D. "Direct care worker" means an unlicensed individual who by virtue of employment has direct access to and provides direct care or direct contact assistance with activities of daily living or other services to individuals in homes, assisted living programs, residential care facilities, hospitals and other health care and direct access services settings. "Direct care worker" includes but is not limited to a direct support professional, residential care specialist, behavioral health professional, personal support specialist, mental health support specialist, mental health rehabilitation technician, behavior specialist, other qualified mental health professional, certified residential medication aide and registered medical assistant and other direct access workers or direct care workers as described in rules adopted by the department. "Direct care worker" does not include a certified nursing assistant employed in the capacity of a certified nursing assistant. [PL 2023, c. 241, §36 (AMD).] E. "Unsubstantiated finding" means an administrative determination made by the department, after investigation of a complaint against a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident, that no abuse, neglect or misappropriation of property of a client, patient or resident was found to support an indicated finding or a substantiated finding of abuse, neglect or misappropriation of property of a client, patient or resident. [PL 2023, c. 241, §37 (AMD).] F. [PL 2023, c. 241, §38 (RP).] G. "Registered direct care worker" means an individual listed on the registry. "Registered direct care worker" does not include a certified nursing assistant employed in the capacity of a certified nursing assistant or a direct care worker listed on the registry with notations for disqualifying offenses. [PL 2023, c. 241, §39 (NEW).] [PL 2023, c. 241, §§28-39 (AMD).]

2. Complaint investigation. The department may investigate complaints and allegations of abuse, neglect or misappropriation of property of a client, patient or resident in a home or health care setting against direct care workers. [PL 2023, c. 241, §40 (AMD).]

2-A. Department decision after investigation of complaint. Based on criteria established by rule, the department, after investigation of a complaint of abuse, neglect or misappropriation of property of a client, patient or resident, shall: A. Make a substantiated finding; [PL 2011, c. 257, §4 (NEW).] B. Make an indicated finding; or [PL 2011, c. 257, §4 (NEW).] C. Make an unsubstantiated finding. [PL 2011, c. 257, §4 (NEW).] [PL 2011, c. 257, §4 (NEW).]

3. Substantiated finding of complaint; registry listing. When a complaint against a direct care worker is substantiated by the department and the direct care worker is listed on the registry pursuant to subsection 4 , the department's decision becomes final agency action as defined in Title 5, section 8002, subsection 4 . The department shall notify the employer of the direct care worker that a substantiated finding of a complaint has been listed as a notation on the registry. [PL 2023, c. 241, §41 (AMD).]

3-A. Indicated finding of complaint; no registry listing. An indicated finding by the department of a complaint against a direct care worker does not prohibit employment and is not listed as a notation on the registry. The department's complaint investigation decision becomes final agency action as defined in Title 5, section 8002, subsection 4 . [PL 2023, c. 241, §42 (AMD).]

4. Registry listing. The department shall list direct care workers with a substantiated finding notation. Disqualifying notations must include but are not limited to the following information: A. Documentation of the department's investigation, including the nature of the allegation and the evidence that led the department to substantiate the allegation of abuse, neglect or misappropriation of property; [PL 2023, c. 241, §43 (AMD).] B. The date of the hearing, if the direct care worker chose to appeal the department finding that the complaint was substantiated; and [PL 2023, c. 241, §43 (AMD).] C. The direct care worker's statement to the department disputing the allegation, if the direct care worker chose to submit one. [PL 2023, c. 241, §43 (AMD).] D. [PL 2023, c. 241, §43 (RP).] [PL 2023, c. 241, §43 (AMD).]

5. Right to hearing. The department shall notify the direct care worker of the right to request a hearing to contest the finding that the complaint under subsection 3 was substantiated. [PL 2023, c. 241, §44 (AMD).]

6. Petition for removal of a substantiated finding of abuse, neglect or misappropriation of property. [PL 2023, c. 241, §45 (RP).]

7. Prohibited employment based on disqualifying offenses. An employer who employs a direct care worker to provide direct access services shall conduct a comprehensive background check in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and chapter 1691 and other applicable federal and state laws. The employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws. A. [PL 2015, c. 299, §17 (RP).] B. [PL 2015, c. 299, §17 (RP).] C. [PL 2011, c. 257, §8 (RP).] [PL 2023, c. 241, §46 (AMD).]

7-A. Background check. This subsection governs background checks for direct care workers. A. A training program for direct care workers may secure or pay for a background check pursuant to chapter 1691 on each individual who applies for enrollment in the program. The background check may check the individual's current name and all previous names. The background check result may be shared with the individual's prospective employer upon successful completion of the program. (1) Prior to enrolling an individual, a training program for direct care workers must notify individuals that a background check may be conducted and that certain disqualifying offenses, including criminal convictions, may prohibit an individual from working as a direct care worker. [PL 2023, c. 241, §47 (NEW).] B. Pursuant to sections 1717 , 1724 , 2137 , 2149‑A , 7706 , 8606 , 9005 and 9054 and Title 34‑B, section 1225 , licensed, certified or registered providers shall secure and pay for a background check prior to hiring an individual who will work in direct contact with clients, patients or residents, including a direct care worker. [PL 2023, c. 241, §47 (NEW).] C. The department may review the results of a background check completed in accordance with chapter 1691 on a registered direct care worker. [PL 2023, c. 241, §47 (NEW).] D. A person that is not otherwise licensed by the department that employs or places a direct care worker to provide services allowing direct access shall secure and pay for a background check in accordance with state law and rules adopted by the department. [PL 2023, c. 241, §47 (NEW).] [PL 2023, c. 241, §47 (NEW).]

8. Rules. The department may 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 2009, c. 215, §2 (NEW).]
22 M.R.S. § 336 — ME Code / Title 22 / Subtitle 2 / Chapter 103-A / Section 336
22 §336. Simplified review and approval process
Status: in_force

Notwithstanding the requirements set forth in section 335 , the department shall conduct a simplified review and approval process in accordance with this section unless a public hearing has been requested pursuant to section 339, subsection 2, paragraph D , in which case the project is subject to the expanded review in section 335 . The department shall by rule set forth this simplified review and approval process. To the extent practicable, a simplified review must be completed and the commissioner shall make a decision within 60 days after the application has been certified as complete by the applicant pursuant to section 337, subsection 4 , unless a hearing is requested by a person directly affected by a review or the commissioner determines to hold a hearing. The following projects may qualify for a simplified review process: [PL 2011, c. 648, §12 (AMD).]

1. Maintenance projects. The commissioner shall issue a certificate of need for a project that primarily involves the maintenance of a health facility if the commissioner determines that the project: A. Will result in no or a minimal additional expense to the public or to the health care facility's clients; [PL 2001, c. 664, §2 (NEW).] B. Will be in compliance with other applicable state and local laws and regulations; and [PL 2001, c. 664, §2 (NEW).] C. Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care facility. [PL 2001, c. 664, §2 (NEW).] [PL 2001, c. 664, §2 (NEW).]

2. Life safety codes; previous certificate of need. The commissioner shall issue a certificate of need for a project that is required to meet federal, state or local life safety codes. [PL 2011, c. 648, §12 (AMD).]

3. Acquisition of control. The commissioner shall issue a certificate of need for a project that involves the acquisition of control of a health facility when the acquisition consists of a management agreement or similar arrangement and primarily involves the day-to-day operation of the facility in its current form, or transfers ownership of a nursing facility to an existing provider of nursing facility services licensed in this State if the commissioner determines that the project meets the requirements of section 335, subsection 7, paragraph B and that the project is economically feasible in light of its impact on: A. The operating budget of the facility and the applicant; and [PL 2001, c. 664, §2 (NEW).] B. The applicant's ability to operate the facility without increases in the facility's rates beyond those that would otherwise occur absent the acquisition. [PL 2001, c. 664, §2 (NEW).] The commissioner may not find that a project primarily involves day-to-day operation of the facility in its current form if the commissioner finds that the project would result in a reduction of access to, geographic proximity of, timeliness of or quality of any family planning services, as defined in section 1902, subsection 4 , or any abortion services unless the commissioner determines that the exceptions described in section 335, subsection 1, paragraph G are met. [PL 2023, c. 343, §6 (AMD).]

4. Capital expenditures for compliance or quality improvement. The commissioner shall issue a certificate of need for a proposed capital expenditure upon determining that: A. The capital expenditure is required to eliminate or prevent imminent safety hazards, as defined by applicable fire, building or life safety codes and regulations; to comply with state licensure standards; to provide demonstrable improvements in patient safety or quality of care; or to comply with accreditation or certification standards that must be met to receive reimbursement under the United States Social Security Act, Title XVIII or payments under a state plan for medical assistance approved under Title XIX of that Act; [PL 2011, c. 648, §12 (AMD).] B. The economic feasibility of the project is demonstrated in terms of its effects on the operating budget of the applicant, including its existing rate structure; [PL 2001, c. 664, §2 (NEW).] C. There remains a public need for the service to be provided; and [PL 2001, c. 664, §2 (NEW).] D. The corrective action proposed by the applicant is a cost-effective alternative available under the circumstances. [PL 2011, c. 648, §12 (AMD).] [PL 2011, c. 648, §12 (AMD).]

5. Major medical equipment. The commissioner shall issue a certificate of need for replacement of major medical equipment that is not otherwise exempt from review pursuant to section 329, subsection 2‑A, paragraph B , subparagraph (1) upon determining that a project meets the requirements of section 335, subsection 7 . [PL 2009, c. 383, §9 (NEW).]

6. Other projects. The commissioner may by rule identify other categories of projects that qualify for simplified review under this section that are consistent with the purposes of this section and will foster timely review and approval for qualifying projects. [PL 2011, c. 648, §12 (NEW).]
22 M.R.S. § 4262 — ME Code / Title 22 / Subtitle 3 / Chapter 1154 / Section 4262
22 §4262. Oversight; dispute resolution; enforcement - Article 12 (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY:  See T. 22, §4264, sub-§2)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

1. Oversight. The interstate commission shall oversee the administration and operation of the compact. A. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and the rules of the interstate commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules supersede state law, rules or regulations to the extent of any conflict. [PL 2007, c. 255, §6 (NEW).] B. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact. [PL 2007, c. 255, §6 (NEW).] C. The interstate commission is entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and has standing to intervene in any proceedings. Failure to provide service of process to the interstate commission renders any judgment, order or other determination, however so captioned or classified, void as to the interstate commission, this chapter and bylaws or rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

2. Dispute resolution. The interstate commission has the authority to resolve disputes. A. The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states. [PL 2007, c. 255, §6 (NEW).] B. The interstate commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of the mediation or dispute resolution are the responsibility of the parties to the dispute. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]

3. Enforcement. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the interstate commission's bylaws or rules, the interstate commission may: A. Provide remedial training and specific technical assistance; [PL 2007, c. 255, §6 (NEW).] B. Provide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default. The interstate commission shall specify the conditions by which the defaulting state must cure its default; [PL 2007, c. 255, §6 (NEW).] C. By majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court where the interstate commission has its principal office, to enforce compliance with the provisions of the compact or the interstate commisson's bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation including reasonable attorney's fees; or [PL 2007, c. 255, §6 (NEW).] D. Avail itself of any other remedies available under state law or the regulation of official or professional conduct. [PL 2007, c. 255, §6 (NEW).] [PL 2007, c. 255, §6 (NEW).]
22 M.R.S. § 3174-KKK — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-KKK
22 §3174-KKK. Electric breast pump reimbursement
Status: in_force

The department shall reimburse under the MaineCare program for electric breast pumps and supplies without prior authorization or limitation when electric breast pumps or supplies have been prescribed or recommended by a health care professional licensed under Title 32 acting within the health care professional's authorized scope of practice. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 216, §1 (NEW).]

Revisor's Note: §3174-KKK. Coverage for gender-affirming care (As enacted by PL 2023, c. 288, §1 is REALLOCATED TO TITLE 22, SECTION 3174-MMM)
22 M.R.S. § 4316-A — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4316-A
22 §4316-A. Work requirement
Status: in_force

1. Ineligibility for assistance. An applicant is ineligible for assistance for 120 days in all municipalities in the State when any municipality establishes that the applicant, without just cause: A. Refuses to search for employment when that search is reasonable and appropriate; [PL 1985, c. 489, §§7, 14 (NEW).] B. Refuses to register for work; [PL 1985, c. 489, §§7, 14 (NEW).] C. Refuses to accept a suitable job offer under this section; [PL 1985, c. 489, §§7, 14 (NEW).] D. Refuses to participate in a training, educational or rehabilitation program that would assist the applicant in securing employment; [PL 1993, c. 410, Pt. AAA, §10 (AMD).] E. [PL 1993, c. 410, Pt. AAA, §10 (RP).] F. Refuses to perform or willfully fails to perform a job assigned under subsection 2 ; or [PL 1993, c. 410, Pt. AAA, §10 (AMD).] G. Willfully performs a job assigned under subsection 2 below the average standards of that job. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] H. [PL 1993, c. 410, Pt. AAA, §10 (RP).] If a municipality finds that an applicant has violated a work-related rule without just cause, under this subsection or subsection 1‑A , it is the responsibility of that applicant to establish the presence of just cause. [PL 1993, c. 410, Pt. AAA, §10 (AMD).]

1-A. Period of ineligibility. An applicant, whether an initial or repeat applicant, who quits work or is discharged from employment due to misconduct as defined in Title 26, section 1043, subsection 23 , is ineligible to receive assistance for 120 days after the applicant's separation from employment. [PL 1993, c. 410, Pt. AAA, §10 (NEW).]

2. Municipal work program. A municipality may require that an otherwise eligible person who is capable of working be required to perform work for the municipality or work for a nonprofit organization, if that organization has agreed to participate as an employer in the municipal work program, as a condition of receiving general assistance. The municipality may also require recipients, as a part of the municipal work program, to participate in a training, educational or rehabilitative program that would assist the recipient in securing employment. The municipal work program is subject to the following requirements. A. A person may not, as a condition of general assistance eligibility, be required to do any amount of work that exceeds the value of the net general assistance that the person would otherwise receive under municipal general assistance standards. Any person performing work under this subsection must be provided with net general assistance, the value of which is computed at a rate of at least the State's minimum wage. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] B. A person may not be required to work under this subsection for a nonprofit organization if that work would violate a basic religious belief of that person. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] C. An eligible person performing work under this subsection may not replace regular municipal employees or regular employees of a participating nonprofit organization. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] D. An eligible person in need of emergency assistance may not be required to perform work under this subsection prior to receiving general assistance. An applicant who is not in need of emergency assistance may be required to satisfactorily fulfill a workfare requirement prior to receiving the nonemergency assistance conditionally granted to that applicant. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] E. Expenses related to work performed under this subsection by an eligible person must be considered in determining the amount of net general assistance to be provided to the person. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] F. General assistance provided by a municipality for work performed by an eligible person under this subsection must be: (1) Included in the reimbursable net general assistance costs; and (2) Itemized separately in reports to the Department of Health and Human Services under section 4311 . [PL 1993, c. 410, Pt. AAA, §10 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] G. A person may not be required to work under this subsection if that person is physically or mentally incapable of performing the work assigned. [PL 1991, c. 9, Pt. U, §12 (NEW).] [PL 1993, c. 410, Pt. AAA, §10 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Limitations of work requirement. In no case may any work requirement or training or educational program under this section interfere with a person's: A. Existing employment; [PL 1985, c. 489, §§7, 14 (NEW).] B. Ability to pursue a bona fide job offer; [PL 1985, c. 489, §§7, 14 (NEW).] C. Ability to attend an interview for possible employment; [PL 1985, c. 489, §§7, 14 (NEW).] D. Classroom participation in a primary or secondary educational program intended to lead to a high school diploma; or [PL 1993, c. 410, Pt. AAA, §10 (AMD).] E. Classroom or on-site participation in a training program that is either approved or determined, or both, by the Department of Labor to be reasonably expected to assist the individual in securing employment. This paragraph does not include participation in a degree granting program, except when that program is a training program operated under the control of the Department of Health and Human Services or the Department of Labor. [PL 1993, c. 410, Pt. AAA, §10 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1993, c. 410, Pt. AAA, §10 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Eligibility regained. A person who has been disqualified by any municipality for not complying with any work requirement of this section may regain eligibility during the 120-day period by becoming employed or otherwise complying with the work requirements of this section. An applicant who is disqualified due to failure to comply with the municipal work program may be given only one opportunity to regain eligibility during the 120-day disqualification period, except that if an applicant who regains eligibility is again disqualified for failing to comply with the municipal work program within the initial period of disqualification, the applicant is ineligible for assistance for 120 days and does not have the opportunity to requalify during the 120-day period. [PL 1993, c. 410, Pt. AAA, §10 (AMD).]

5. Just cause defined. Just cause for failure to meet work requirements or the use of potential resources must be found when there is reasonable and verifiable evidence of: A. Physical or mental illness or disability; [PL 1985, c. 489, §§7, 14 (NEW).] B. Below-minimum wages; [PL 1985, c. 489, §§7, 14 (NEW).] C. Sexual harassment; [PL 1985, c. 489, §§7, 14 (NEW).] D. Physical or mental inability to perform required job tasks; [PL 1985, c. 489, §§7, 14 (NEW).] E. Inability to work required hours or to meet piece work standards; [PL 1985, c. 489, §§7, 14 (NEW).] F. Lack of transportation to and from work or training; [PL 1985, c. 489, §§7, 14 (NEW).] G. Inability to arrange for necessary child care or care of an ill or disabled family member; [PL 1993, c. 410, Pt. AAA, §10 (AMD).] H. Any reason found to be good cause by the Department of Labor; and [PL 1985, c. 489, §§7, 14 (NEW).] I. Any other evidence that is reasonable and appropriate. [PL 1993, c. 410, Pt. AAA, §10 (AMD).] The overseer may not require medical verification of medical conditions that are apparent or are of such short duration that a reasonable person would not ordinarily seek medical attention. In any case in which the overseer requires medical verification and the applicant has no means of obtaining such verification, the overseer shall grant assistance for the purpose of obtaining that verification. [PL 1993, c. 410, Pt. AAA, §10 (AMD).]
22 M.R.S. § 3173 — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173
22 §3173. Powers and duties of department
Status: in_force

The department is authorized to administer programs of aid, medical or remedial care and services for medically indigent persons. It is empowered to employ, subject to the Civil Service Law, such assistants as may be necessary to carry out this program and to coordinate their work with that of the other work of the department. [PL 1985, c. 785, Pt. B, §91 (AMD).]

The department is authorized and empowered to make all necessary rules and regulations consistent with the laws of the State for the administration of these programs including, but not limited to, establishing conditions of eligibility and types and amounts of aid to be provided, and defining the term "medically indigent," and the type of medical care to be provided. In administering programs of aid, the department shall, among other services, emphasize developing and providing financial support for preventive health care and home health care in order to assure that a comprehensive range of health care services is available to Maine citizens. Preventive health services shall include, but need not be limited to, programs such as early periodic screening, diagnosis and treatment; public school nursing services; child and maternal health services; and dental health education services. To meet the expenses of emphasizing preventive health care and home health care, the department is authorized to expend for each type of care no less than 1.5% of the total sum of all funds available to administer medical or remedial care and services eligible for participation under the United States Social Security Act, Title XIX and amendments and successors to it. [PL 1979, c. 127, §144 (RPR).]

The department shall provide all applicants for aid under this chapter with information in written form, and verbally as appropriate or if requested, about coverage, conditions of eligibility, scope of programs, existence of related services and the rights and responsibilities of applicants for and recipients of assistance under this chapter. [PL 1979, c. 127, §144 (RPR).]

An application for aid under this chapter must be acted upon and a decision made as soon as possible, but the department may not fail to notify the applicant of its decision within 45 days after receipt of the applicant's application. Failure of the department to meet the requirements of this 45-day time standard, except when there is documented noncooperation by the applicant or the source of the applicant's medical information, must lead to the immediate and automatic issuance of a temporary medical card that is valid only until such time as the applicant receives actual notice of a departmental denial of the applicant's application or the applicant receives a replacement medical card. Notwithstanding an applicant's appeal of a denial of the applicant's application, the validity of the temporary medical card ceases immediately upon receipt of the notice of denial. Any benefits received by the applicant during the interim period when the applicant has actual use of a valid, temporary medical card is not recoverable by the department in any legal or administrative proceeding against the applicant. [RR 2021, c. 2, Pt. B, §155 (COR).]

Whenever an applicant is determined by the department to be ineligible for a program for which the applicant has applied, the applicant must be immediately so notified in writing. Any notification of denial must contain a statement of the denial action, the reasons for denial, the specific rules or regulations supporting the denial, an explanation of the applicant's right to request a hearing and a recommendation to the applicant of any other program administered by the department for which the applicant may be eligible. Whenever an individual's application for Temporary Assistance for Needy Families is denied by the department, the notice of this denial must also include, in a clear and conspicuous manner, a statement that the applicant is likely to be eligible for medical assistance and must include information about the availability of applications for the program upon request to the department either in writing or through a toll-free telephone number. [RR 2021, c. 2, Pt. B, §156 (COR).]

Any applicant for benefits under the medically needy program whose countable income exceeds the applicable state protected income level maximum is eligible for the program when the applicant's incurred medical expenses are found to exceed the difference between the applicant's countable income and the applicable state maximum. Whenever the applicant incurs sufficient medical expenses to be eligible for the medically needy program and provides reasonable proof thereof to the department, a medical card must be issued within 10 days of the presentation of proof that eligibility has been met. Failure of the department to meet the requirements of this 10-day time standard, except when there is documented noncooperation by the applicant or the source of the applicant's medical information, results in the immediate and automatic issuance of a temporary medical card that is valid only until such time as the applicant receives actual notice of a departmental denial of the applicant's application or the applicant receives a replacement medical card. Any benefits received by the applicant during the interim period when the applicant has actual use of a valid temporary medical card are not recoverable by the department in any legal or administrative proceeding against the applicant. [RR 2021, c. 2, Pt. B, §157 (COR).]

In all situations where prior authorization of the department is required before a particular medical service can be provided, the department shall authorize or deny the request for treatment within 30 days of the completion and presentation of the request to the department. The department's response to the request must be supplied to both the provider and the recipient. Whenever the provider is unable or unwilling to provide the service requested within a reasonable time after approval of the request by the department, the recipient has the right to locate another approved provider whose sole duty is to notify the department of the provider's intention to provide the service subject to the original approval. The department shall vigorously assist any recipient in the recipient's search for an approved provider of a necessary medical service when, through reasonable effort, the recipient has been unable to locate a provider on the recipient's own. [RR 2021, c. 2, Pt. B, §158 (COR).]

No time standard established by this section shall be used as a waiting period before granting aid, or as a basis for denial of an application or for terminating assistance. [PL 1979, c. 127, §144 (RPR).]

The department shall make and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. The use of those records, papers, files and communications by any other agency or department of government to which they may be furnished shall be limited to the purposes for which they are furnished and by the law under which they may be furnished. [PL 1979, c. 127, §144 (RPR).]

The department shall initiate and monitor ongoing efforts performed cooperatively with other public and private agencies, religious, business and civic groups, pharmacists and other medical providers, professional associations, community organizations, unions, news media and other groups, organizations and associations to inform low-income households eligible for programs under this chapter of the availability and benefits of these programs and to insure the participation of eligible households which wish to participate by providing those households with reasonable and convenient access to the programs. [PL 1979, c. 127, §144 (RPR).]

All moneys made available to fund programs authorized by this chapter shall be expended under the direction of the department, and the department is empowered to direct the expenditures therefrom of those sums which may be necessary for purposes of administration. [PL 1979, c. 127, §144 (RPR).]

Relating to the determination of eligibility for medical care to be provided to a beneficiary of state or federal supplemental income for the blind, disabled and elderly, the department may enter into an agreement with the Secretary of the United States Department of Health and Human Services, whereby the secretary shall determine eligibility on behalf of the department. [PL 1991, c. 528, Pt. E, §23 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §23 (AMD).]

The Department of Health and Human Services may establish fee schedules governing reimbursement for services provided under this chapter. In establishing the fee schedules, the department shall consult with individual providers and their representative associations. The fee schedules are subject to department review on a regular schedule set by the department. [PL 2021, c. 398, Pt. OOO, §1 (AMD).]

During the department's review of fee schedules required by this section, the department shall consult with individual providers participating in the Medical Assistance Program and their representative associations to consider, among other factors, the cost of providing specific services, the effect of inflation or other economic factors on the adequacy of the existing fee schedule and its obligation under the federal Medicaid program to ensure sufficient provider participation in the program and member access to services. Except as otherwise provided, the department may apply annual cost-of-living increases, as appropriate, to MaineCare reimbursement rates. The department shall post any change to fee schedules from cost-of-living increases on the department's publicly accessible website at the time the change goes into effect. [PL 2021, c. 398, Pt. OOO, §2 (AMD).]

The department may enter into contracts with health care servicing entities for the provision, financing, management and oversight of the delivery of health care services in order to carry out these programs. For the purposes of this section, "health care servicing entity" means a partnership, association, corporation, limited liability company or other legal entity that enters into a contract to provide or arrange for the provision of a defined set of health care services; to assume responsibility for some aspects of quality assurance, utilization review, provider credentialing and provider relations or other related network management functions; and to assume financial risk for provision of such services to recipients through capitation reimbursement or other risk-sharing arrangements. "Health care servicing entity" does not include insurers or health maintenance organizations. In all contracts with health care servicing entities, the department shall include standards, developed in consultation with the Superintendent of Insurance, to be met by the contracting entity in the areas of financial solvency, quality assurance, utilization review, network sufficiency, access to services, network performance, complaint and grievance procedures and records maintenance. Prior to contracting with any health care servicing entity, the department must have in place a memorandum of understanding with the Superintendent of Insurance for the provision of technical assistance, which must provide for the sharing of information between the department and the superintendent and the analysis of that information by the superintendent as it relates to the fiscal integrity of the contracting entity. The department may require periodic reporting by the health care servicing entity as to activities and operations of the entity, including the entity's activities undertaken pursuant to commercial contracts with licensed insurers and health maintenance organizations. The department may share with the Superintendent of Insurance all documents filed by the health care servicing entity, including documents subject to confidential treatment if that information is treated with the same degree of confidentiality as is required of the department. [PL 1997, c. 676, §1 (NEW).]

The department shall use the multipayor provider database established in section 8719 as its primary source of information to update the department's own data and publicly available information regarding health care provider and service directory information when the information required by the department is already available through the multipayor provider database. [PL 2021, c. 423, Pt. B, §1 (NEW).]
22 M.R.S. § 2140 — ME Code / Title 22 / Subtitle 2 / Chapter 418 / Section 2140
22 §2140. Patient-directed care at the end of life
Status: in_force

1. Short title. This chapter may be known and cited as "the Maine Death with Dignity Act." [PL 2019, c. 271, §4 (NEW).]

2. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Adult" means a person who is 18 years of age or older. [PL 2019, c. 271, §4 (NEW).] B. "Attending physician" means the physician who has primary responsibility for the care of a patient and the treatment of that patient's terminal disease. [PL 2019, c. 271, §4 (NEW).] C. "Competent" means that, in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through persons familiar with the patient's manner of communicating if those persons are available. [PL 2019, c. 271, §4 (NEW).] D. "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient's disease. [PL 2019, c. 271, §4 (NEW).] E. "Counseling" means one or more consultations between a state-licensed psychiatrist, state-licensed psychologist, state-licensed clinical social worker or state-licensed clinical professional counselor and a patient for the purpose of determining that the patient is competent and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. [PL 2019, c. 271, §4 (NEW).] F. "Health care provider" means: (1) A person licensed, certified or otherwise authorized or permitted by law to administer health care services or dispense medication in the ordinary course of business or practice of a profession; or (2) A health care facility. [PL 2019, c. 271, §4 (NEW).] G. "Informed decision" means a decision by a qualified patient to request and obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner that is based on an appreciation of the relevant facts and that is made after being fully informed by the attending physician of: (1) The qualified patient's medical diagnosis; (2) The qualified patient's prognosis; (3) The potential risks associated with taking the medication to be prescribed; (4) The probable result of taking the medication to be prescribed; and (5) The feasible alternatives to taking the medication to be prescribed, including palliative care and comfort care, hospice care, pain control and disease-directed treatment options. [PL 2019, c. 271, §4 (NEW).] H. "Medically confirmed" means the medical opinion of an attending physician has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records. [PL 2019, c. 271, §4 (NEW).] I. "Patient" means an adult who is under the care of a physician. [PL 2019, c. 271, §4 (NEW).] J. "Physician" means a doctor of medicine or osteopathy licensed to practice medicine in this State. [PL 2019, c. 271, §4 (NEW).] K. "Qualified patient" means a competent adult who is a resident of this State and who has satisfied the requirements of this Act in order to obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner. [PL 2019, c. 271, §4 (NEW).] L. "Self-administer" means, for a qualified patient, to voluntarily ingest medication to end the qualified patient's life in a humane and dignified manner. [PL 2019, c. 271, §4 (NEW).] M. "Terminal disease" means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

3. Right to information. A patient has a right to information regarding all treatment options reasonably available for the care of the patient, including, but not limited to, information in response to specific questions about the foreseeable risks and benefits of medication, without a physician's withholding requested information regardless of the purpose of the questions or the nature of the information. [PL 2019, c. 271, §4 (NEW).]

4. Written request for medication. An adult who is competent, is a resident of this State, has been determined by an attending physician and a consulting physician to be suffering from a terminal disease and has voluntarily expressed the wish to die may make a written request for medication that the adult may self-administer in accordance with this Act. An adult does not qualify under this Act solely because of age or disability. [PL 2019, c. 271, §4 (NEW).]

5. Form of written request. A valid request for medication under this Act must be substantially in the form described in subsection 24 , signed and dated by the patient and witnessed by at least 2 individuals who, in the presence of the patient, attest that to the best of their knowledge and belief the patient is competent, is acting voluntarily and is not being coerced to sign the request. A. The language of a written request for medication under this Act must be the language in which any conversations or consultations or interpreted conversations or consultations between a patient and the patient's attending physician or consulting physician are held. [PL 2019, c. 271, §4 (NEW).] B. Notwithstanding paragraph A , the language of a written request for medication under this Act may be English when the conversations or consultations or interpreted conversations or consultations between a patient and the patient's attending physician or consulting physician were conducted in a language other than English if the form described in subsection 24 contains the attachment described in subsection 25 . [PL 2019, c. 271, §4 (NEW).] C. At least one of the 2 or more witnesses required under this subsection and any interpreter required under this subsection must be a person who is not: (1) A relative of the patient by blood, marriage or adoption; (2) A person who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death, under any will or by operation of any law; or (3) An owner, operator or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident. [PL 2019, c. 271, §4 (NEW).] D. The patient's attending physician at the time the written request is signed may not be a witness. [PL 2019, c. 271, §4 (NEW).] E. If the patient is a patient in a long-term care facility at the time the patient makes the written request, one of the witnesses must be an individual designated by the facility who has the qualifications specified by the department by rule. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

6. Attending physician responsibilities. The attending physician shall: A. Make the initial determination of whether a patient has a terminal disease, is competent and has made the written request under subsection 4 voluntarily; [PL 2019, c. 271, §4 (NEW).] B. Request that the patient demonstrate state residency as required by subsection 15 ; [PL 2019, c. 271, §4 (NEW).] C. To ensure that the patient is making an informed decision, inform the patient of: (1) The patient's medical diagnosis; (2) The patient's prognosis; (3) The potential risks associated with taking the medication to be prescribed; (4) The probable result of taking the medication to be prescribed; and (5) The feasible alternatives to taking the medication to be prescribed, including palliative care and comfort care, hospice care, pain control and disease-directed treatment options; [PL 2019, c. 271, §4 (NEW).] D. Refer the patient to a consulting physician for medical confirmation of the diagnosis and for a determination that the patient is competent and acting voluntarily; [PL 2019, c. 271, §4 (NEW).] E. Confirm that the patient's request does not arise from coercion or undue influence by another individual by discussing with the patient, outside the presence of any other individual, except for an interpreter, whether the patient is feeling coerced or unduly influenced; [PL 2019, c. 271, §4 (NEW).] F. Refer the patient for counseling, if appropriate, as described in subsection 8 ; [PL 2019, c. 271, §4 (NEW).] G. Recommend that the patient notify the patient's next of kin; [PL 2019, c. 271, §4 (NEW).] H. Counsel the patient about the importance of having another person present when the patient takes the medication prescribed under this Act, and counsel the patient about not taking the medication prescribed under this Act in a public place; [PL 2019, c. 271, §4 (NEW).] I. Inform the patient that the patient has an opportunity to rescind the request at any time and in any manner and offer the patient an opportunity to rescind the request at the end of the 15-day waiting period pursuant to subsection 11 ; [PL 2019, c. 271, §4 (NEW).] J. Verify, immediately before writing the prescription for medication under this Act, that the patient is making an informed decision; [PL 2019, c. 271, §4 (NEW).] K. Fulfill the medical record documentation requirements of subsection 14 ; [PL 2019, c. 271, §4 (NEW).] L. Ensure that all appropriate steps are carried out in accordance with this Act before writing a prescription for medication to enable a qualified patient to end the qualified patient's life in a humane and dignified manner; and [PL 2019, c. 271, §4 (NEW).] M. Dispense medications directly, including ancillary medications intended to minimize the patient's discomfort, if the attending physician is authorized under state law or rule to dispense medications and has a current drug enforcement administration certificate or with the patient's written consent: (1) Contact a pharmacist and inform the pharmacist of the prescription; and (2) Deliver the written prescription personally, by mail or electronically to the pharmacist, who may dispense the medications in person to the patient, the attending physician or an expressly identified agent of the patient. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

7. Consulting physician confirmation. Before a patient is determined to be a qualified patient under this Act, a consulting physician shall examine the patient and the patient's relevant medical records and confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease and verify that the patient is competent, is acting voluntarily and has made an informed decision. [PL 2019, c. 271, §4 (NEW).]

8. Consulting referral. If, in the opinion of the attending physician or the consulting physician, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment, the physician shall refer the patient for counseling. Medication to end a patient's life in a humane and dignified manner may not be prescribed until the person performing the counseling determines that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. [PL 2019, c. 271, §4 (NEW).]

9. Informed decision. A qualified patient may not receive a prescription for medication under this Act unless the qualified patient has made an informed decision. Immediately before writing a prescription for medication under this Act, the attending physician shall verify that the qualified patient is making an informed decision. [PL 2019, c. 271, §4 (NEW).]

10. Notification of next of kin. A patient who declines or is unable to notify the patient's next of kin may not have the patient's request for medication denied for that reason. [PL 2019, c. 271, §4 (NEW).]

11. Written and oral requests; waiting periods. To receive a prescription for medication that the qualified patient may self-administer under this Act, a qualified patient must make 2 oral requests, at least 15 days apart, and a written request to the qualified patient's attending physician. At the time the qualified patient makes the qualified patient's 2nd oral request, the attending physician shall offer the qualified patient an opportunity to rescind the request. The date the qualified patient signs the written request must be no earlier than 15 days after the initial oral request. At least 48 hours must elapse between the date the qualified patient signs the written request and the writing of a prescription under this Act. The attending physician may waive a portion of the waiting periods required in this subsection if, in the attending physician's medical opinion, it is in the best interests of the qualified patient, given the qualified patient's condition, as long as the waiting period in total is no less than 7 days. [PL 2025, c. 375, §1 (RPR).]

12. Right to rescind request. A patient may rescind the patient's request at any time and in any manner without regard to the patient's mental state. A prescription for medication may not be written under this Act without the attending physician's offering the qualified patient an opportunity to rescind the request. [PL 2019, c. 271, §4 (NEW).]

13. Waiting periods. [PL 2025, c. 375, §2 (RP).]

14. Medical record documentation requirements. The following must be documented or filed in a patient's medical record: A. All oral requests by the patient for medication to end that patient's life in a humane and dignified manner; [PL 2019, c. 271, §4 (NEW).] B. All written requests by the patient for medication to end that patient's life in a humane and dignified manner; [PL 2019, c. 271, §4 (NEW).] C. The attending physician's diagnosis and prognosis and the attending physician's determination that the patient is competent, is acting voluntarily and has made an informed decision; [PL 2019, c. 271, §4 (NEW).] D. The consulting physician's diagnosis and prognosis and the consulting physician's verification that the patient is competent, is acting voluntarily and has made an informed decision; [PL 2019, c. 271, §4 (NEW).] E. A report of the outcome and determinations made during counseling, if counseling is provided as described in subsection 8 ; [PL 2019, c. 271, §4 (NEW).] F. The attending physician's offer to the patient to rescind the patient's request at the time of the patient's 2nd oral request under subsection 11; [PL 2025, c. 375, §3 (AMD).] G. A note by the attending physician indicating that all requirements under this Act have been met, including the requirements of subsection 6, and indicating the steps taken to carry out the patient's request, including a notation of the medication prescribed; and [PL 2025, c. 375, §4 (AMD).] H. When a portion of the waiting periods under this section has been waived pursuant to subsection 11, a note by the attending physician that, in the attending physician's medical opinion, it is in the best interests of the qualified patient to waive a portion of the waiting periods, given the qualified patient's condition, and what portion of the waiting periods has been waived. The waiting period in total may not be less than 7 days. [PL 2025, c. 375, §5 (NEW).] [PL 2025, c. 375, §§3-5 (AMD).]

15. Residency requirement. For purposes of this Act, only requests made by residents of this State may be granted. The residence of a person is that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. The following factors may be offered in determining a person's residence under this Act and need not all be present in order to determine a person's residence: A. Possession of a valid driver's license issued by the Department of the Secretary of State, Bureau of Motor Vehicles; [PL 2019, c. 271, §4 (NEW).] B. Registration to vote in this State; [PL 2019, c. 271, §4 (NEW).] C. Evidence that the person owns or leases property in this State; [PL 2019, c. 271, §4 (NEW).] D. The location of any dwelling currently occupied by the person; [PL 2019, c. 271, §4 (NEW).] E. The place where any motor vehicle owned by the person is registered; [PL 2019, c. 271, §4 (NEW).] F. The residence address, not a post office box, shown on a current income tax return; [PL 2019, c. 271, §4 (NEW).] G. The residence address, not a post office box, at which the person's mail is received; [PL 2019, c. 271, §4 (NEW).] H. The residence address, not a post office box, shown on any current resident hunting or fishing licenses held by the person; [PL 2019, c. 271, §4 (NEW).] I. The residence address, not a post office box, shown on any driver's license held by the person; [PL 2019, c. 271, §4 (NEW).] J. The receipt of any public benefit conditioned upon residency, defined substantially as provided in this subsection; or [PL 2019, c. 271, §4 (NEW).] K. Any other objective facts tending to indicate a person's place of residence. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

16. Disposal of unused medications. A person who has custody of or control over any unused medications prescribed pursuant to this Act after the death of the qualified patient shall personally deliver the unused medications to the nearest facility qualified to dispose of controlled substances or, if such delivery is impracticable, personally dispose of the unused medications by any lawful means, in accordance with any guidelines adopted by the department. [PL 2019, c. 271, §4 (NEW).]

17. Reporting of information; adoption of rules; information collected not a public record; annual statistical report. The department shall: A. Annually review all records maintained under this Act; [PL 2019, c. 271, §4 (NEW).] B. Require any health care provider upon writing a prescription or dispensing medication under this Act to file a copy of the prescription or dispensing record, and other documentation required under subsection 14 associated with writing the prescription or dispensing the medication, with the department. (1) Documentation required to be filed under this paragraph must be mailed or otherwise transmitted as allowed by rules of the department no later than 30 calendar days after the writing of the prescription or the dispensing of medication under this Act, except that all documents required to be filed with the department by the prescribing physician after the death of the qualified patient must be submitted no later than 30 calendar days after the date of the death of the qualified patient. (2) In the event that a person required under this Act to report information to the department provides an inadequate or incomplete report, the department shall contact the person to request an adequate or complete report; [PL 2019, c. 271, §4 (NEW).] C. Within 6 months of the effective date of this Act, adopt rules, which are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A , to facilitate the collection of information regarding compliance with this Act. Except as otherwise provided by law, the information collected is confidential, is not a public record and may not be made available for inspection by the public; and [PL 2019, c. 271, §4 (NEW).] D. Generate and make available to the public an annual statistical report of information collected under paragraph C and submit a copy of the report to the joint standing committee of the Legislature having jurisdiction over health matters annually by March 1st. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

18. Effect on construction of wills, contracts and other agreements. Any provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end the person's life in a humane and dignified manner, is not valid. Any obligation owing under any currently existing contract may not be conditioned upon or affected by the making or rescinding of a request by a person for medication to end the person's life in a humane and dignified manner. [PL 2019, c. 271, §4 (NEW).]

19. Insurance or annuity policies. The sale, procurement or issuance of any life, health or accident insurance or annuity policy or the rate charged for any life, health or accident insurance or annuity policy may not be conditioned upon or affected by the making or rescinding of a request by a qualified patient for medication that the patient may self-administer to end the patient's life in accordance with this Act. A qualified patient whose life is insured under a life insurance policy issued under the provisions of Title 24‑A, chapter 29 and the beneficiaries of the policy may not be denied benefits on the basis of self-administration of medication by the qualified patient in accordance with this Act. The rating, sale, procurement or issuance of any medical professional liability insurance policy delivered or issued for delivery in this State must be in accordance with the provisions of Title 24‑A . [PL 2019, c. 271, §4 (NEW).]

20. Authority of Act; references to acts committed under Act; applicable standard of care. This Act does not authorize a physician or any other person to end a patient's life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with this Act do not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide under the law. State reports may not refer to acts committed under this Act as "suicide" or "assisted suicide." Consistent with the provisions of this Act, state reports must refer to acts committed under this Act as obtaining and self-administering life-ending medication. Nothing contained in this Act may be interpreted to lower the applicable standard of care for the attending physician, the consulting physician, a psychiatrist or a psychologist or other health care provider providing services under this Act. [PL 2019, c. 271, §4 (NEW).]

21. Voluntary participation. Nothing in this Act requires a health care provider to provide medication to a qualified patient to end the qualified patient's life. If a health care provider is unable or unwilling to carry out the qualified patient's request under this Act, the health care provider shall transfer any relevant medical records for the patient to a new health care provider upon request by the patient. [PL 2019, c. 271, §4 (NEW).]

22. Basis for prohibiting persons or entities from participation; notification; penalties; permissible actions. The following provisions govern the basis for prohibiting persons or entities from participating in activities under this Act, notification, penalties and permissible actions. A. Subject to compliance with paragraph B and notwithstanding any other law, a health care provider may prohibit its employees, independent contractors or other persons or entities, including other health care providers, from participating in activities under this Act while on premises owned or under the management or direct control of that prohibiting health care provider or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider. [PL 2019, c. 271, §4 (NEW).] B. A health care provider that elects to prohibit its employees, independent contractors or other persons or entities, including other health care providers, from participating in activities under this Act, as described in paragraph A , shall first give notice of the policy prohibiting participation under this Act to those employees, independent contractors or other persons or entities, including other health care providers. A health care provider that fails to provide notice to those employees, independent contractors or other persons or entities, including other health care providers, in compliance with this paragraph may not enforce such a policy against those employees, independent contractors or other persons or entities, including other health care providers. [PL 2019, c. 271, §4 (NEW).] C. Subject to compliance with paragraph B , the prohibiting health care provider may take action, including, but not limited to, the following, as applicable, against an employee, independent contractor or other person or entity, including another health care provider, that violates this policy: (1) Loss of privileges, loss of membership or other action authorized by the bylaws or rules and regulations of the medical staff; (2) Suspension, loss of employment or other action authorized by the policies and practices of the prohibiting health care provider; (3) Termination of any lease or other contract between the prohibiting health care provider and the employee, independent contractor or other person or entity, including another health care provider, that violates the policy; or (4) Imposition of any other nonmonetary remedy provided for in any lease or contract between the prohibiting health care provider and the employee, independent contractor or other person or entity, including another health care provider, in violation of the policy. [PL 2019, c. 271, §4 (NEW).] D. Nothing in this section may be construed to prevent, or to allow a prohibiting health care provider to prohibit, an employee, independent contractor or other person or entity, including another health care provider, from any of the following: (1) Participating, or entering into an agreement to participate, in activities under this Act while on premises that are not owned or under the management or direct control of the prohibiting health care provider or while acting outside the course and scope of the participant's duties as an employee of, or an independent contractor for, the prohibiting health care provider; or (2) Participating, or entering into an agreement to participate, in activities under this Act as an attending physician or consulting physician while on premises that are not owned or under the management or direct control of the prohibiting health care provider. [PL 2019, c. 271, §4 (NEW).] E. In taking actions pursuant to paragraph C , a health care provider shall comply with all procedures required by law, its own policies or procedures and any contract with the employee, independent contractor or other person or entity, including another health care provider, in violation of the policy, as applicable. [PL 2019, c. 271, §4 (NEW).] F. Any action taken by a prohibiting health care provider pursuant to this subsection is not reportable to the appropriate licensing board under Title 32 , including, but not limited to, the Board of Licensure in Medicine, the Board of Osteopathic Licensure and the Maine Board of Pharmacy. The fact that a health care provider participates in activities under this Act may not be the sole basis for a complaint or report by another health care provider to the appropriate licensing board under Title 32 , including, but not limited to, the Board of Licensure in Medicine, the Board of Osteopathic Licensure and the Maine Board of Pharmacy. [PL 2019, c. 271, §4 (NEW).] G. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Notice" means a separate statement in writing advising of the prohibiting health care provider's policy with respect to participating in activities under this Act. (2) "Participating, or entering into an agreement to participate, in activities under this Act" means doing or entering into an agreement to do any one or more of the following: (a) Performing the duties of an attending physician as specified in this Act; (b) Performing the duties of a consulting physician as specified in this Act; (c) Performing the duties of a state-licensed psychiatrist, state-licensed psychologist, state-licensed clinical social worker or state-licensed clinical professional counselor, in the circumstance that a referral to one is made pursuant to subsection 8 ; (d) Delivering the prescription for, dispensing or delivering the dispensed medication pursuant to this Act; or (e) Being present when the qualified patient takes the medication prescribed pursuant to this Act. (1) "Participating, or entering into an agreement to participate, in activities under this Act" does not include doing, or entering into an agreement to do, any of the following: diagnosing whether a patient has a terminal disease, informing the patient of the medical prognosis or determining whether a patient has the capacity to make decisions; providing information to a patient about this Act; or providing a patient, upon the patient's request, with a referral to another health care provider for the purposes of participating in the activities authorized by this Act. [PL 2019, c. 271, §4 (NEW).] [PL 2019, c. 271, §4 (NEW).]

23. Claims by governmental entity for costs incurred. Any governmental entity that incurs costs resulting from a person ending the person's life under this Act in a public place has a claim against the estate of the person to recover the costs and reasonable attorney's fees related to enforcing the claim. [PL 2019, c. 271, §4 (NEW).]

24. Form of the request. A request for medication as authorized by this Act must be in substantially the following form: REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER I, ......................., am an adult of sound mind. I am suffering from ................................, which my attending physician has determined is a terminal disease and which has been medically confirmed by a consulting physician. I have been fully informed of my diagnosis and prognosis, the nature of medication to be prescribed and potential associated risks, the expected result and feasible alternatives, including palliative care and comfort care, hospice care, pain control and disease-directed treatment options. I request that my attending physician prescribe medication that I may self-administer to end my life in a humane and dignified manner and contact any pharmacist to fill the prescription. INITIAL ONE: .......... I have informed my family of my decision and taken their opinions into consideration. .......... I have decided not to inform my family of my decision. .......... I have no family to inform of my decision. I understand that I have the right to rescind this request at any time. I understand the full import of this request, and I expect to die when I take the medication to be prescribed. I further understand that, although most deaths occur within 3 hours, my death may take longer and my physician has counseled me about this possibility. I make this request voluntarily and without reservation, and I accept full moral responsibility for my actions. Signed: .................................................... Dated: ...................................................... DECLARATION OF WITNESSES By initialing and signing below on or after the date the person named above signs, we declare that the person making and signing the above request: Initials of Witness 1: .......... 1. Is personally known to us or has provided proof of identity; .......... 2. Signed this request in our presence on the date of the person's signature; ......... 3. Appears to be of sound mind and not under duress, fraud or undue influence; and .......... 4. Is not a patient for whom either of us is the attending physician. Printed Name of Witness 1: ................................................ Signature of Witness 1/Date: ............................................ Initials of Witness 2: .......... 1. Is personally known to us or has provided proof of identity; .......... 2. Signed this request in our presence on the date of the person's signature; ......... 3. Appears to be of sound mind and not under duress, fraud or undue influence; and .......... 4. Is not a patient for whom either of us is the attending physician. Printed Name of Witness 2: ................................................ Signature of Witness 2/Date: ............................................. NOTE: One witness must be a person who is not a relative by blood, marriage or adoption of the person signing this request, is not entitled to any portion of the person's estate upon death and does not own or operate or is not employed at a health care facility where the person is a patient or resident. The person's attending physician at the time the request is signed may not be a witness. If the person is an inpatient at a long-term care facility, one of the witnesses must be an individual designated by the facility. [PL 2019, c. 271, §4 (NEW).]

25. Form of interpreter attachment. The form of an attachment for purposes of providing interpretive services as described in subsection 5, paragraph B must be in substantially the following form: I, .........................., am fluent in English and (language of patient). On (date) at approximately (time) I read the "REQUEST FOR MEDICATION TO END MY LIFE IN A HUMANE AND DIGNIFIED MANNER" to (name of patient) in (language of patient). The patient, (name of patient), affirmed to me that the patient understands the content of this form, that the patient desires to sign this form under the patient's own power and volition and that the patient requested to sign the form after consultations with an attending physician and a consulting physician. Under penalty of perjury, I declare that I am fluent in English and (language of patient) and that the contents of this form, to the best of my knowledge, are true and correct. Executed at (name of city, county and state) on (date). Interpreter's signature: .................................. Interpreter's printed name: ............................ Interpreter's address: ..................................... [RR 2021, c. 2, Pt. B, §118 (COR).]
22 M.R.S. § 8703 — ME Code / Title 22 / Subtitle 6 / Chapter 1683 / Section 8703
22 §8703. Maine Health Data Organization established
Status: in_force

The Maine Health Data Organization is established as an independent executive agency. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

1. Objective. The purposes of the organization are to create and maintain a useful, objective, reliable and comprehensive health information database that is used to improve the health of Maine citizens and to issue reports, as provided in this chapter. This database must be publicly accessible while protecting patient confidentiality and respecting providers of care. The organization shall collect, process, analyze and report clinical, financial, quality and restructuring data as defined in this chapter. [PL 2021, c. 423, Pt. A, §5 (AMD).]

2. Board of directors. The organization operates under the supervision of a board of directors, which consists of 12 voting members and one nonvoting member. A. The Governor shall appoint 11 board members in accordance with the following requirements. Appointments by the Governor are not subject to review or confirmation. (1) Two members must represent consumers chosen from a list provided by a statewide organization representing consumers. For the purposes of this section, "consumer" means a person who is not affiliated with or employed by a 3rd-party payor, a provider or an association representing those providers or those 3rd-party payors. (2) Two members must represent employers. One member must be chosen from a list provided by a statewide purchasing coalition. One member must be chosen from a list provided by a statewide chamber of commerce. (3) Two members must represent 3rd-party payors chosen from a list provided by a statewide organization representing 3rd-party payors. (4) Four members must represent health care providers. One health care provider member must represent hospitals and health systems that include hospitals chosen from a list provided by a statewide association representing hospitals and health systems that include hospitals. Two health care provider members may not be affiliated with a hospital or a health system that includes a hospital and must be chosen from a list provided by a statewide association that represents health care providers. One health care provider member must be a pharmacist chosen from a list provided by a statewide association of pharmacists. (5) One member must represent the pharmaceutical industry, including pharmaceutical manufacturers, wholesale distributors and pharmacy benefits managers, chosen from a list provided by a statewide association representing life sciences companies. [PL 2025, c. 16, §1 (AMD).] B. The Director of the Office of MaineCare Services or the director’s designee shall serve as a member of the board. [PL 2025, c. 16, §1 (AMD).] C. [PL 1999, c. 353, §4 (RP).] D. [PL 2025, c. 16, §1 (RP).] E. [PL 2025, c. 16, §1 (RP).] F. The executive director of the organization shall serve as a nonvoting member of the board. [PL 2025, c. 16, §1 (NEW).] [PL 2025, c. 16, §1 (AMD).]

3. Terms of office. The terms of office of board members are determined under this subsection. A. The terms of board members appointed by the Governor are determined as follows. (2) Members appointed by the Governor shall serve 3-year terms and shall continue to serve until their successors have been appointed. (3) Board members may serve 3 terms consecutively. [PL 2025, c. 16, §2 (AMD).] B. State agency board members may serve an unlimited number of terms. [PL 2009, c. 71, §7 (AMD).] [PL 2025, c. 16, §2 (AMD).]

4. Meetings; officers. Board members shall elect a chair and a vice-chair from among the membership to serve 2-year terms. All meetings of the board are public proceedings within the meaning of the Freedom of Access Law, Title 1, chapter 13, subchapter I . [PL 1999, c. 353, §5 (AMD).]

5. Legal counsel. The Attorney General, when requested, shall furnish any legal assistance, counsel or advice the organization requires in the discharge of its duties. [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]

6. Compensation. Board members are entitled to reimbursement for necessary expenses according to the provisions of Title 5, chapter 379 . [PL 1995, c. 653, Pt. A, §2 (NEW); PL 1995, c. 653, Pt. A, §7 (AFF).]