22 M.R.S. § 2660-X — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2660-X
22 §2660-X. Rules
Status: in_force

The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A necessary to administer and enforce this subchapter. The rules may address, but are not limited to, testing recommendations for contaminants or properties specified pursuant to section 2660‑T , water sample test reporting and fee schedules. [PL 2017, c. 230, §3 (NEW).]
22 M.R.S. § 825 — ME Code / Title 22 / Subtitle 2 / Chapter 250 / Section 825
22 §825. Penalties
Status: in_force

Any person who knowingly and willfully fails to comply with reporting requirements for notifiable diseases or conditions commits a civil violation for which a fine of not more than $250 may be adjudged. A person who knowingly or recklessly makes a false report under section 822 or who knowingly violates section 824 is civilly liable for actual damages suffered by a person reported upon and for punitive damages and commits a civil violation for which a fine of not more than $500 may be adjudged. [PL 2005, c. 383, §20 (AMD).]
22 M.R.S. § 4099-E — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-E
22 §4099-E. Comprehensive program for homeless youth
Status: in_force

The department shall establish and support a comprehensive program for homeless youth in the State by contracting with organizations and agencies licensed by the department that provide street outreach, shelter and transitional living services for homeless youth. The department shall by rule establish licensure requirements and shall establish performance-based contracts with organizations and agencies to provide the following programs and services: [PL 2009, c. 155, §2 (NEW).]

1. Street and community outreach and drop-in programs. Youth drop-in centers to provide walk-in access to crisis intervention and ongoing supportive services, including one-to-one case management services on a self-referral basis and street and community outreach programs to locate, contact and provide information, referrals and services to homeless youth, youth at risk of homelessness and runaways. Information, referrals and services provided may include, but are not limited to family reunification services; conflict resolution or mediation counseling; assistance in obtaining temporary emergency shelter; case management aimed at obtaining food, clothing, medical care or mental health counseling; counseling regarding violence, prostitution, substance use disorder, sexually transmitted diseases, HIV and pregnancy; referrals to other agencies that provide support services to homeless youth, youth at risk of homelessness and runaways; assistance with education, employment and independent living skills; aftercare services; and specialized services for highly vulnerable runaways and homeless youth, including teen parents, sexually exploited youth and youth with mental illness or developmental disabilities; [PL 2017, c. 407, Pt. A, §86 (AMD).]

2. Emergency shelter program. Emergency shelter programs to provide homeless youth and runaways with referrals and walk-in access to short-term residential care on an emergency basis. The program must provide homeless youth and runaways with safe, dignified, voluntary housing, including private shower facilities, beds and at least one meal each day, and assist a runaway with reunification with family or a legal guardian when required or appropriate. The services provided at emergency shelters may include, but are not limited to, family reunification services or referral to safe, dignified housing; individual, family and group counseling; assistance obtaining clothing; access to medical and dental care and mental health counseling; education and employment services; recreational activities; case management, advocacy and referral services; independent living skills training; and aftercare, follow-up services and transportation; and [PL 2009, c. 155, §2 (NEW).]

3. Transitional living programs. Transitional living programs to help homeless youth find and maintain safe, dignified housing. The program may also provide rental assistance and related supportive services or may refer youth to other organizations or agencies that provide such services. Services provided may include, but are not limited to, provision of safe, dignified housing; educational assessment and referrals to educational programs; career planning, employment, job skills training and independent living skills training; job placement; budgeting and money management; assistance in securing housing appropriate to needs and income; counseling regarding violence, prostitution, substance use disorder, sexually transmitted diseases and pregnancy; referral for medical services or chemical dependency treatment; parenting skills; self-sufficiency support services or life skills training; and aftercare and follow-up services. [PL 2017, c. 407, Pt. A, §86 (AMD).]
22 M.R.S. § 2077 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2077
22 §2077. Lease finance program
Status: in_force

1. Establishment; administration. A lease finance program under the jurisdiction and direction of the authority is established to provide for or assist with financing leases for eligible entities to acquire the use of personal or real property. The lease finance program must provide methods of direct or indirect financing, insurance, borrowing, credit enhancement and other financial tools for the lease, lease-purchase, rental or right of use of any real or personal property or other authorized activity of an eligible entity. For the purposes authorized in this section the University of Maine System and its colleges and universities are eligible participating institutions under the definition of eligible participant for the authority. [PL 1997, c. 385, §5 (NEW).]

2. Eligible entity defined. For purposes of this section "eligible entity" means an eligible entity, as defined in section 2053, subsection 3‑B , that is organized pursuant to the United States Internal Revenue Code, Section 501. [PL 1997, c. 385, §5 (NEW).]

3. Powers. The authority may make loans or borrow money on behalf of any eligible entity for any of the purposes of this section. The authority may purchase, refinance or enter into leases with or on behalf of any eligible entity. The authority may purchase or refinance for or on behalf of any eligible entity any lease that is held or issued by a 3rd party. The authority may issue its bonds or notes for the purchase of leases on behalf of any eligible entity or any group of those entities or for the establishment of a pool of funds to be used for the purchase, financing or other means of acquisition of leases. The authority shall establish prudent standards for the terms and conditions of any lease financing made available to any eligible entity or any group of those entities. Terms and conditions include, but are not limited to, the general obligation of the eligible entity, liens on any real or personal property held by the eligible entity whether financed by the specific lease or not and sinking funds held by or available to the eligible entity. [PL 1997, c. 385, §5 (NEW).]

4. Application; eligibility. The authority may prescribe and require an application or procedure for an eligible entity to participate in any form of lease financing assistance made available under this section. An application must include any information that the authority decides is necessary for implementing this section, including, but not limited to, supporting documents, certifications, feasibility studies, financial data, utilization studies or other applicable information. An eligible entity may not participate in any lease finance assistance made available under this section unless, in the sole judgment of the authority, the eligible entity has satisfactorily demonstrated that it will pay the principal, interest, fees and related charges on the bond, debt, or other instrument issued by the authority on its behalf or purchased by the bank from the eligible entity as well as the costs for operation and maintenance of any real or personal property acquired or made available for use by the eligible entity by virtue of the lease assistance. Satisfactory assurance can be demonstrated if an eligible entity has: A. Established a method of payment by fee, rate, charges, assessment or other mechanism satisfactory to the authority; or [PL 1997, c. 385, §5 (NEW).] B. Provided collateral sufficient to ensure payment. [PL 1997, c. 385, §5 (NEW).] [PL 1997, c. 385, §5 (NEW).]

5. State not liable. Bonds, notes, leases or other forms of debt or liability entered into or issued by the authority under this section are not in any way a debt or liability of the State and do not constitute a loan of the credit of the State or create any debt or debts, liability or liabilities on behalf of the State or constitute a pledge of the faith and credit of the State. Each bond, note, lease or other evidence of debt or liability entered into by the authority must contain a statement to the effect that the authority is obligated to pay the principal, interest, redemption premium, if any, and any other amounts payable solely from the sources pledged for that purpose by the authority and that neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal, interest, premium, charge, fee or other amount of the bond, note, lease or other form of indebtedness, as the case may be. [PL 1997, c. 385, §5 (NEW).]

6. Lease finance agreement. Lease financing and refinancing, lease purchase, loans and other forms of indebtedness or obligations incurred by an eligible entity due the authority under the terms of this section must be evidenced by and be made in accordance with the terms and conditions specified in a lease finance agreement to be executed by the authority and any eligible entity or any group of those entities. The lease finance agreement must specify, among other things, the terms and conditions for the disbursement of lease finance proceeds, the term and interest rate of the lease, the scheduling of lease payments or bond payments, as the case may be, and any other terms and conditions determined necessary or desirable by the authority. [PL 1997, c. 385, §5 (NEW).]

7. Utilization of municipal lease finance program. The authority, for the benefit of its eligible entities, may utilize the municipal lease finance program created in Title 30-A, section 6006-C for the purposes of this section. [PL 1997, c. 385, §5 (NEW).]
22 M.R.S. § 3107 — ME Code / Title 22 / Subtitle 3 / Chapter 851 / Section 3107
22 §3107. Women, Infants and Children Special Supplemental Food Program vendor, provider and participant penalties
Status: in_force

The department, as part of its administration of the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966, referred to in this section as "the program," shall adopt rules defining prohibited conduct under the program and establishing penalties for such conduct and as necessary to implement this section. After providing an opportunity for a hearing in accordance with Title 5, chapter 375, subchapter 4 , 7 Code of Federal Regulations, Section 246.9 (2011), 7 Code of Federal Regulations, Section 246.18 (2011) and any other federal law that applies to adjudicatory proceedings for vendors, providers and participants and making a determination that the affected party has violated a provision of the program, including rules that apply to the program, the department may: [PL 2011, c. 512, §2 (RPR).]

1. Vendors. Assess and impose a fine or penalty against a vendor under the program; [PL 2011, c. 512, §2 (NEW).]

2. Providers. Disqualify a local agency provider under the program; or [PL 2011, c. 512, §2 (NEW).]

3. Participants. Require repayment of benefits made under the program to a participant or disqualify a participant from program benefits. [PL 2011, c. 512, §2 (NEW).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 512, §2 (NEW).]
22 M.R.S. § 1505 — ME Code / Title 22 / Subtitle 2 / Chapter 260 / Section 1505
22 §1505. Confidentiality; notification
Status: in_force

1. Confidentiality. Except as otherwise provided by law, a minor who may consent to health care services, as provided in this chapter or by other provision of law, is entitled to the same confidentiality afforded to adults. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Parental notification. A health care practitioner or health care provider may notify the parent or guardian of a minor who has sought health care under this chapter if, in the judgment of the practitioner or provider, failure to inform the parent or guardian would seriously jeopardize the health of the minor or would seriously limit the practitioner's or provider's ability to provide treatment. [PL 1995, c. 694, Pt. C, §8 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
22 M.R.S. § 2952 — ME Code / Title 22 / Subtitle 2 / Chapter 710-B / Section 2952
22 §2952. Search and notification
Status: in_force

1. Persons to conduct reasonable search. The following persons shall make a reasonable search of an individual who the searcher reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: A. A law enforcement officer, firefighter, paramedic or other emergency rescuer finding the individual; and [PL 2007, c. 601, §2 (NEW).] B. If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital. [PL 2007, c. 601, §2 (NEW).] [PL 2007, c. 601, §2 (NEW).]

2. Document of gift or refusal found. If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection 1, paragraph A and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. [PL 2007, c. 601, §2 (NEW).]

3. Immunity. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. [PL 2007, c. 601, §2 (NEW).]
22 M.R.S. § 2144 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2144
22 §2144. Licensure procedures
Status: in_force

1. Types of licenses. The department shall issue the following types of licenses, as follows. A. A provisional license shall be issued by the department to an applicant who: (1) Has not previously operated as a home health care provider or is licensed but has not operated during the term of that license; (2) Complies with all applicable laws and rules, except those which can only be complied with once clients are served by the applicant; and (3) Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term. [PL 1983, c. 570 (NEW).] B. The department shall issue a full license to an applicant who complies with all applicable laws and rules. [PL 1983, c. 570 (NEW).] C. A conditional license may be issued by the department, when the provider fails to comply with applicable laws and rules, and in the judgment of the commissioner, the best interest of the public would be so served by issuing a conditional license. The conditional license shall specify when and what corrections shall be made during the term of the conditional license. [PL 1983, c. 570 (NEW).] D. The commissioner may grant a full, provisional or conditional license under this chapter to those entities otherwise regulated by the State Government or the Federal Government, if the commissioner determines that those regulations meet the purpose and intent of this chapter. [RR 2021, c. 2, Pt. B, §119 (COR).] [RR 2021, c. 2, Pt. B, §119 (COR).]

2. Licenses not assignable or transferable. No license may be assignable or transferable. A license shall be immediately void if ownership or control of the provider changes. [PL 1983, c. 570 (NEW).]

3. Term of license; compliance visits. Licenses shall be issued for the following terms. A. The provisional license shall be issued for a minimum period of 3 months or a longer period, as deemed appropriate by the department, not to exceed 12 consecutive months. [PL 1983, c. 570 (NEW).] B. The term of a full license may not exceed 24 months. [PL 2003, c. 548, §1 (RPR).] C. The conditional license shall be issued for a specific period, not to exceed one year, or the remaining period of the previous full license, whichever the department determines appropriate based on the laws and rules violated. [PL 1983, c. 570 (NEW).] D. Regardless of the term of the license, the department shall monitor for continued compliance with applicable laws and rules on at least a biennial basis. The department shall adopt rules, which are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , regarding terms of licenses. [PL 2003, c. 548, §2 (AMD).] [PL 2003, c. 548, §§1, 2 (AMD).]

4. Failure to comply with applicable laws and rules. The following shall apply for failure to comply with applicable laws and rules. A. When an applicant fails to comply with applicable laws and rules, the department may refuse to issue or renew the license. [PL 1983, c. 570 (NEW).] B. If, at expiration of a full or provisional license, or during the term of a full license, the facility fails to comply with applicable laws and rules and, in the judgment of the commissioner, the best interest of the public will be so served, the department may issue a conditional license or change a full license to a conditional license. [PL 1983, c. 570 (NEW).] C. Any license issued under this chapter may be suspended or revoked for violation of applicable laws and rules committing, permitting, aiding or abetting any illegal practices in the operation of the provider of conduct or practices detrimental to the welfare of persons to whom home health care services are provided. When the department believes that a license must be suspended or revoked, it shall file a complaint with the District Court in accordance with Title 4, section 184 or the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1999, c. 547, Pt. B, §40 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] D. The department may petition the Superior Court to appoint a receiver to operate a home health agency in accordance with chapter 1666‑A . [PL 1995, c. 620, §1 (NEW).] [PL 1999, c. 547, Pt. B, §40 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

5. Appeals. Any person aggrieved by the department's decision to take any of the following actions may request an administrative hearing as provided by the Maine Administrative Procedure Act, Title 5, chapter 375 : A. Issue a conditional license; [PL 1983, c. 570 (NEW).] B. Amend or modify a license; [PL 1983, c. 570 (NEW).] C. Refuse to issue or renew a full license; or [PL 1983, c. 570 (NEW).] D. Refuse to issue a provisional license. [PL 1983, c. 570 (NEW).] [PL 1983, c. 570 (NEW).]
22 M.R.S. § 1511 — ME Code / Title 22 / Subtitle 2 / Chapter 260-A / Section 1511
22 §1511. Fund for a Healthy Maine established
Status: in_force

1. Fund established. The Fund for a Healthy Maine, referred to in this chapter as the "fund," is established for the purposes specified in this chapter as a separate and distinct fund for accounting and budgetary reporting purposes. [PL 2011, c. 701, §1 (AMD).]

2. Sources of fund. The State Controller shall credit to the fund: A. All money received by the State in settlement of or in relation to the lawsuit State of Maine v. Philip Morris, et al., Kennebec County Superior Court, Docket No. CV-97-134; [PL 1999, c. 401, Pt. V, §1 (NEW).] B. Money from any other source, whether public or private, designated for deposit into or credited to the fund; and [PL 1999, c. 401, Pt. V, §1 (NEW).] C. Interest earned or other investment income on balances in the fund. [PL 1999, c. 401, Pt. V, §1 (NEW).] [PL 1999, c. 401, Pt. V, §1 (NEW).]

3. Allocation; amounts. [PL 2001, c. 358, Pt. Q, §1 (RP).]

3-A. Unencumbered balances. Any unencumbered balance remaining at the end of any fiscal year lapses back to the Fund for a Healthy Maine, the account within the Department of Administrative and Financial Services established pursuant to this section, and may not be made available for expenditure without specific legislative approval. [PL 2001, c. 559, Pt. AA, §3 (NEW); PL 2001, c. 559, Pt. AA, §5 (AFF).]

3-B. Departmental indirect cost allocation plans. Any revenue transfer made on or after July 1, 2000 from a Fund for a Healthy Maine account to another account pursuant to an approved departmental indirect cost allocation plan is determined by the Legislature to be an authorized use of revenue credited to the Fund for a Healthy Maine. The State Budget Officer shall reduce allotment for the amount of any transfer made from a Fund for a Healthy Maine account for the purpose authorized in this subsection. [PL 2003, c. 513, Pt. Y, §1 (NEW).]

4. Restrictions. This section does not require the provision of services for the purposes specified in subsection 6 . When allocations are made to direct services, services to lower income consumers must have priority over services to higher income consumers. Allocations from the fund must be used to supplement, not supplant, appropriations from the General Fund. [PL 1999, c. 401, Pt. V, §1 (NEW).]

5. General Fund limitation. Notwithstanding any provision to the contrary in this section, any program, expansion of a program, expenditure or transfer authorized by the Legislature using the Fund for a Healthy Maine may not be transferred to the General Fund without specific legislative approval. [PL 1999, c. 401, Pt. V, §1 (NEW).]

6. Health promotion purposes. Allocations are limited to the following prevention and health promotion purposes: A. Smoking prevention, cessation and control activities, including, but not limited to, reducing smoking among the children of the State; [PL 1999, c. 401, Pt. V, §1 (NEW).] A-1. Prevention, education and treatment activities concerning unhealthy weight and obesity; [PL 2011, c. 617, §1 (NEW).] B. Prenatal and young children's care including home visits and support for parents of children from birth to 6 years of age; [PL 1999, c. 401, Pt. V, §1 (NEW).] C. Child care for children up to 15 years of age, including after-school care; [PL 1999, c. 401, Pt. V, §1 (NEW).] D. Health care for children and adults, maximizing to the extent possible federal matching funds; [PL 1999, c. 401, Pt. V, §1 (NEW).] E. Prescription drugs for adults who are elderly or disabled, maximizing to the extent possible federal matching funds; [PL 1999, c. 401, Pt. V, §1 (NEW).] F. Dental and oral health care to low-income persons who lack adequate dental coverage; [PL 1999, c. 401, Pt. V, §1 (NEW).] G. Substance use disorder prevention and treatment; and [PL 2017, c. 407, Pt. A, §71 (AMD).] H. Comprehensive school health and nutrition programs, including school-based health centers. [PL 2007, c. 539, Pt. IIII, §3 (AMD).] [PL 2017, c. 407, Pt. A, §71 (AMD).]

7. Investment; plan; report. [PL 2001, c. 358, Pt. Q, §3 (RP).]

8. Report by Treasurer of State. The Treasurer of State shall report at least annually on or before the 2nd Friday in December to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters. The report must summarize the activity in any funds or accounts directly related to this section. [PL 2001, c. 358, Pt. Q, §4 (NEW).]

9. Working capital advance. Beginning July 1, 2003, the State Controller is authorized to provide an annual advance up to $37,500,000 from the General Fund to the fund to provide money for allocations from the fund. This money must be returned to the General Fund as the first priority from the amounts credited to the fund pursuant to subsection 2, paragraph A . [PL 2001, c. 714, Pt. OO, §1 (NEW).]

10. Restricted accounts. [PL 2003, c. 687, Pt. B, §6 (RP); PL 2003, c. 687, Pt. B, §11 (AFF).]

11. Restricted accounts. The State Controller is authorized to establish separate accounts within the fund in order to segregate money received by the fund from any source, whether public or private, that requires as a condition of the contribution to the fund that the use of the money contributed be restricted to one or more of the purposes specified in subsection 6 . Money credited to a restricted account established under this subsection may be applied only to the purposes to which the account is restricted. [PL 2003, c. 687, Pt. A, §9 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]

12. Adjustment to allocations. For state fiscal years beginning on or after July 1, 2008, the State Budget Officer is authorized to adjust allocations if actual revenue collections for the fiscal year are less than the approved legislative allocations. The State Budget Officer shall review the programs receiving funds from the fund and shall adjust the funding in the All Other line category to stay within available resources. These adjustments must be calculated in proportion to each account's allocation in the All Other line category in relation to the total All Other allocation for fund programs. Notwithstanding any other provision of law, the allocation for the identified amounts may be reduced by financial order upon the recommendation of the State Budget Officer and approval of the Governor. The State Budget Officer shall report annually on the allocation adjustments made pursuant to this subsection to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters by May 15th. [PL 2009, c. 1, Pt. F, §1 (NEW).]

13. Separate accounts; annual reporting. A state agency that receives allocations from the fund and a contractor or vendor that receives funding allocated from the fund shall maintain that money in a separate account and shall report by September 1st of each year to the Commissioner of Administrative and Financial Services providing a description of how those funds for the prior state fiscal year were targeted to the prevention and health-related purposes listed in subsection 6 . The Commissioner of Administrative and Financial Services shall by October 1st of each year compile the reports provided under this subsection and forward the information in a report to the Legislature. [PL 2011, c. 701, §2 (NEW).] Revisor's Note: (Subsection 13 as enacted by PL 2011, c. 655, Pt. M, §1 is REALLOCATED TO TITLE 22, SECTION 1511, SUBSECTION 15)

14. Legislative committee review of legislation. Whenever a proposal in a resolve or bill before the Legislature, including but not limited to a budget bill, affects the fund, the joint standing committee of the Legislature having jurisdiction over the proposal shall hold a public hearing and determine the level of support for the proposal among members of the committee. If there is support for the proposal among a majority of the members of the committee, the committee shall request the joint standing committee of the Legislature having jurisdiction over health and human services matters to review and evaluate the proposal as it pertains to the fund. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall conduct the review and report to the committee of jurisdiction and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [PL 2011, c. 701, §2 (NEW).]

15. (REALLOCATED FROM T. 22, §1511, sub-§13) Attrition adjustment. For state fiscal years beginning on or after July 1, 2012, the State Budget Officer is authorized to adjust allocations to address shortfalls that occur as a direct result of Personal Services allocation reductions for projected vacancies. Accrued savings generated from vacant positions within a Fund for a Healthy Maine account's allocation for Personal Services or available balances in the Fund for a Healthy Maine program within the Department of Administrative and Financial Services may be transferred by financial order to offset Personal Services shortfalls in other Fund for a Healthy Maine accounts except that these transfers are subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. [RR 2011, c. 2, §24 (RAL).]
22 M.R.S. § 3173-C — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3173-C
22 §3173-C. Copayments
Status: in_force

1. Authorization required. The department may not require any MaineCare member to make any payment toward the cost of a MaineCare service unless that payment is specifically authorized by this section, except that any copayment or premium expressly approved by the federal Secretary of the Department of Health and Human Services as part of a waiver must be implemented. [PL 2003, c. 20, Pt. K, §5 (AMD).]

2. Prescription drug services. Total copayments must be capped per member per month at no more than the dollar amount equivalent to 10 times the copayment amount. If a member is prescribed a drug in a quantity specifically intended by the provider or pharmacist, for the recipient's health and welfare, to last less than one month, only one payment for that drug for that month may be required. [PL 2023, c. 546, §1 (AMD).]

3. Exemptions. No copayment may be imposed with respect to the following services: A. Family planning services; [PL 1983, c. 240 (NEW).] B. Services furnished to individuals under 21 years of age; [PL 1983, c. 240 (NEW).] C. Services furnished to any individual who is an inpatient in a hospital, nursing facility or other institution, if that individual is required, as a condition of receiving services in that institution, to spend for costs of care all but a minimal amount of income required for personal needs; [PL 1991, c. 780, Pt. R, §3 (AMD).] D. Services furnished to pregnant women, and services furnished during the post-partum phase of maternity care to the extent permitted by federal law; [PL 1983, c. 240 (NEW).] E. Emergency services, as defined by the department; [PL 1983, c. 240 (NEW).] F. [PL 2023, c. 546, §2 (RP).] G. Any other service or services required to be exempt under the provisions of the United States Social Security Act, Title XIX and successors to it; [PL 2023, c. 546, §3 (AMD).] H. Primary care services; and [PL 2023, c. 546, §4 (NEW).] I. Community-based behavioral health services. [PL 2023, c. 546, §5 (NEW).] [PL 2023, c. 546, §§2-5 (AMD).]

4. Persons in state custody. Any copayment imposed on a Medicaid recipient in the custody of the State is to be collected from the state agency having custody of the recipient. [PL 1983, c. 240 (NEW).]

5. Limitation. [PL 1993, c. 6, Pt. C, §7 (RP).]

6. Designated copayment. [PL 1991, c. 780, Pt. R, §4 (RP); PL 1991, c. 780, Pt. R, §10 (AFF).]

7. Copayments. The department shall consider, in any reduction in reimbursement to providers or imposition of copayments, the need to maintain provider participation in the Medicaid program to the extent required by 42 United States Code, Section 1396a(a)(30)(A) or any successor provision of law. The department shall maintain copayments on the following services that are nominal in amount and that may contain exclusions per service category: A. Outpatient hospital services; [PL 2023, c. 546, §6 (AMD).] B. Home health services; [PL 2023, c. 546, §6 (AMD).] C. Durable medical equipment services; [PL 2023, c. 546, §6 (AMD).] D. Private duty nursing and personal care services; [PL 2023, c. 546, §6 (AMD).] E. Ambulance services; [PL 2023, c. 546, §6 (AMD).] F. Physical therapy services; [PL 2023, c. 546, §6 (AMD).] G. Occupational therapy services; [PL 2023, c. 546, §6 (AMD).] H. Speech therapy services; [PL 2023, c. 546, §6 (AMD).] I. Podiatry services; [PL 2023, c. 546, §6 (AMD).] J. Psychologist services; [PL 2023, c. 546, §6 (AMD).] K. Chiropractic services; [PL 2023, c. 546, §6 (AMD).] L. Laboratory and x-ray services; [PL 2023, c. 546, §6 (AMD).] M. Optical services; [PL 2023, c. 546, §6 (AMD).] N. Optometric services; [PL 2023, c. 546, §6 (AMD).] O. [PL 2023, c. 546, §6 (RP).] P. [PL 2023, c. 546, §6 (RP).] Q. Hospital inpatient services; and [PL 2023, c. 546, §6 (AMD).] R. [PL 2023, c. 546, §6 (RP).] S. [PL 2023, c. 546, §6 (RP).] T. Prescription drug services. [PL 2023, c. 546, §6 (NEW).] [PL 2023, c. 546, §6 (AMD).]

8. Notification. The department shall notify each MaineCare member who is subject to the copayment requirement in subsection 2 of the copayment requirements, any exemptions and limitations prior to coding the member's information for required copayments and shall notify the member again during annual recertification of eligibility. The department shall publish a list of all copayments and amounts by service category on the department's publicly accessible website. [PL 2023, c. 546, §7 (AMD).]
22 M.R.S. § 9051 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9051
22 §9051. Short title
Status: in_force

This chapter may be known and cited as "the Maine Background Check Center Act." [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 1715 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1715
22 §1715. Access requirements applicable to certain health care providers (WHOLE SECTION TEXT EFFECTIVE 7/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/26)

1. Access requirements. Any person, including, but not limited to an affiliated interest as defined in former section 396‑L , that is subject to the requirements of this subsection, shall provide the services listed in paragraph C to individuals who are eligible for charity care in accordance with a charity care policy adopted by the affiliate or provider that is consistent with rules applicable to hospitals under section 1716 . A person is subject to this subsection if that person: A. Is either a direct provider of major ambulatory service, as defined in former section 382, subsection 8‑A, or is or has been required to obtain a certificate of need under section 329 or former section 304 or 304-A; [PL 2017, c. 475, Pt. A, §29 (AMD).] B. Provides outpatient services as defined in former section 382, subsection 9‑A; and [PL 2017, c. 475, Pt. A, §29 (AMD).] C. Provides one or more of the following services: (1) Imaging services, including, but not limited to, magnetic resonance imaging, computerized tomography, mammography and radiology. For purposes of this section, imaging services do not include: (a) Screening procedures that are not related to the diagnosis or treatment of a specific condition; or (b) Services when: (i) The services are owned by a community health center, a physician or group of physicians; (ii) The services are offered solely to the patients of that center, physician or group of physicians; and (iii) Referrals for the purpose of performing those services are not accepted from other physicians; (2) Laboratory services performed by a hospital or by a medical laboratory licensed in accordance with the Maine Medical Laboratory Commission, or licensed by an equivalent out-of-state licensing authority, excluding those licensed laboratories owned by community health centers, a physician or group of physicians where the laboratory services are offered solely to the patients of that center, physician or group of physicians; (3) Cardiac diagnostic services, including, but not limited to, cardiac catheterization and angiography but excluding electrocardiograms and electrocardiograph stress testing; (4) Lithotripsy services; (5) Services provided by free-standing ambulatory surgery facilities certified to participate in the Medicare program; or (6) Any other service performed in an out-patient setting requiring the purchase of medical equipment costing in the aggregate $500,000 or more and for which the charge per unit of service is $250 or more. [PL 1989, c. 919, §15 (NEW); PL 1989, c. 919, §18 (AFF).] [PL 2017, c. 475, Pt. A, §29 (AMD).]

2. Enforcement. The requirements of subsection 1 are enforced through the following mechanisms. A. Any person who knowingly violates any provision of this section or any valid order or rule made or adopted pursuant to section 1716 , or who willfully fails, neglects or refuses to perform any of the duties imposed under this section, commits a civil violation for which a forfeiture of not less than $200 and not more than $500 per patient may be adjudged with respect to each patient denied access unless specific penalties are elsewhere provided. Any forfeiture imposed under this section may not exceed $5,000 in the case of the first judgment under this section against the provider, $7,500 in the case of a 2nd judgment against the provider or $10,000 in the case of the 3rd or subsequent judgment against the provider. The Attorney General is authorized to prosecute the civil violations. [PL 1995, c. 653, Pt. B, §6 (AMD); PL 1995, c. 653, Pt. B, §8 (AFF); PL 1995, c. 696, Pt. A, §35 (AMD).] B. Upon application of the Attorney General or any affected patient, the Superior Court or District Court has full jurisdiction to enforce the performance by providers of health care of all duties imposed upon them by this section and any valid rules adopted pursuant to section 1716 . [PL 1995, c. 653, Pt(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 7/01/26)

1. Access requirements. Any person, including, but not limited to, an affiliated interest as defined in former section 396‑L, that is subject to the requirements of this subsection, shall provide the services listed in paragraph C to individuals who are eligible for charity care in accordance with a charity care policy adopted by the affiliate or provider that is consistent with requirements applicable to hospitals under section 1716‑A and any rules adopted pursuant to section 1716‑A. A person is subject to this subsection if that person: A. Is either a direct provider of major ambulatory service, as defined in former section 382, subsection 8‑A, or is or has been required to obtain a certificate of need under section 329 or former section 304 or 304-A; [PL 2017, c. 475, Pt. A, §29 (AMD).] B. Provides outpatient services as defined in former section 382, subsection 9‑A; and [PL 2017, c. 475, Pt. A, §29 (AMD).] C. Provides one or more of the following services: (1) Imaging services, including, but not limited to, magnetic resonance imaging, computerized tomography, mammography and radiology. For purposes of this section, imaging services do not include: (a) Screening procedures that are not related to the diagnosis or treatment of a specific condition; or (b) Services when: (i) The services are owned by a community health center, a physician or group of physicians; (ii) The services are offered solely to the patients of that center, physician or group of physicians; and (iii) Referrals for the purpose of performing those services are not accepted from other physicians; (2) Laboratory services performed by a hospital or by a medical laboratory licensed by the department or licensed by an equivalent out-of-state licensing authority, excluding those licensed laboratories owned by community health centers, by a physician or by a group of physicians at which the laboratory services are offered solely to the patients of that center, physician or group of physicians; (3) Cardiac diagnostic services, including, but not limited to, cardiac catheterization and angiography but excluding electrocardiograms and electrocardiograph stress testing; (4) Lithotripsy services; (5) Services provided by free-standing ambulatory surgery facilities certified to participate in the Medicare program; or (6) Any other service performed in an out-patient setting requiring the purchase of medical equipment costing in the aggregate $500,000 or more and for which the charge per unit of service is $250 or more. [PL 2025, c. 488, §1 (AMD); PL 2025, c. 488, §8 (AFF).] [PL 2025, c. 488, §1 (AMD); PL 2025, c. 488, §8 (AFF).]

2. Enforcement. The requirements of subsection 1 are enforced through the following mechanisms. A. Any person who knowingly violates any provision of this section or any valid order or rule made or adopted pursuant to section 1716‑A, or who willfully fails, neglects or refuses to perform any of the duties imposed under this section, commits a civil violation for which a forfeiture of not less than $200 and not more than $500 per patient may be adjudged with respect to each patient denied access unless specific penalties are elsewhere provided. Any forfeiture imposed under this section may not exceed $5,000 in the case of the first judgment under this section against the provider, $7,500 in the case of a 2nd judgment against the provider or $10,000 in the case of the 3rd or subsequent judgment against the provider. The Attorney General is authorized to prosecute the civil violations. [PL 2025, c. 488, §1 (AMD); PL 2025, c. 488, §8 (AFF).] B. Upon application of the Attorney General or any affected patient, the Superior Court or District Court has full jurisdiction to enforce the performance by providers of health care of all duties imposed upon them by this section and any valid rules adopted pursuant to section 1716‑A. [PL 2025, c. 488, §1 (AMD); PL 2025, c. 488, §8 (AFF).] C. In any civil action under this section, the court, in its discretion, may allow the prevailing party, other than the Attorney General, reasonable attorney's fees and costs and the Attorney General is liable for attorney's fees and costs in the same manner as a private person. [PL 1989, c. 919, §15 (NEW); PL 1989, c. 919, §18 (AFF).] D. It is an affirmative defense to any legal action brought under this section that the person subject to this section denied access to services on the grounds that the economic viability of the facility or practice would be jeopardized by compliance with this section. [PL 1989, c. 919, §15 (NEW); PL 1989, c. 919, §18 (AFF).] [PL 2025, c. 488, §1 (AMD); PL 2025, c. 488, §8 (AFF).]. 653, Pt. B, §6 (AMD); PL 1995, c. 653, Pt. B, §8 (AFF); PL 1995, c. 696, Pt. A, §35 (AMD).] B. Upon application of the Attorney General or any affected patient, the Superior Court or District Court has full jurisdiction to enforce the performance by providers of health care of all duties imposed upon them by this section and any valid rules adopted pursuant to section 1716 . [PL 1995, c. 653, Pt. B, §6 (AMD); PL 1995, c. 653, Pt. B, §8 (AFF); PL 1995, c. 696, Pt. A, §35 (AMD).] C. In any civil action under this section, the court, in its discretion, may allow the prevailing party, other than the Attorney General, reasonable attorney's fees and costs and the Attorney General is liable for attorney's fees and costs in the same manner as a private person. [PL 1989, c. 919, §15 (NEW); PL 1989, c. 919, §18 (AFF).] D. It is an affirmative defense to any legal action brought under this section that the person subject to this section denied access to services on the grounds that the economic viability of the facility or practice would be jeopardized by compliance with this section. [PL 1989, c. 919, §15 (NEW); PL 1989, c. 919, §18 (AFF).] [PL 1995, c. 653, Pt. B, §6 (AMD); PL 1995, c. 653, Pt. B, §8 (AFF); PL 1995, c. 696, Pt. A, §35 (AMD).]
22 M.R.S. § 8615 — ME Code / Title 22 / Subtitle 6 / Chapter 1680 / Section 8615
22 §8615. Palliative care initiatives
Status: in_force

To the extent allowed by available resources, the council shall establish a palliative care consumer and professional information and education program to maximize the effectiveness of palliative care initiatives by ensuring that comprehensive and accurate information and education are available to the public, health care providers and health care facilities. The council shall publish and maintain on a publicly accessible website information and resources related to palliative care, including, but not limited to, links to external resources, continuing professional education opportunities, delivery of palliative care in the home and in primary, secondary and tertiary care environments, best practices for palliative care delivery and consumer educational materials and referral information for palliative care, including hospice care. The council may develop and implement other initiatives regarding palliative care services and education as it determines to be appropriate. The council may seek and accept funding to cover the costs of the Palliative Care and Quality of Life Interdisciplinary Advisory Council under section 1726 . In performing its work under this section, the council shall consult with the Palliative Care and Quality of Life Interdisciplinary Advisory Council. [PL 2015, c. 203, §3 (NEW).]
22 M.R.S. § 1724 — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1724
22 §1724. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 1723)
Status: in_force

(REALLOCATED FROM TITLE 22, SECTION 1723)

Beginning October 1, 2010, a facility or health care provider subject to the licensing or certification processes of chapter 405 , 412 or 419 shall obtain, prior to hiring an individual who will work in direct contact with a consumer, criminal history record information on that individual, including, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. A facility or provider subject to licensing under chapter 419 shall conduct a comprehensive background check for individuals employed in positions that have direct access to a consumer's property, personally identifiable information, financial information or resources in accordance with applicable federal and state laws. The comprehensive background check must be conducted in accordance with state law and rules adopted by the department. The facility or health care provider shall pay for the comprehensive or criminal background check required by this section as applicable. [PL 2015, c. 196, §8 (AMD); PL 2015, c. 299, §8 (AMD).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2009, c. 2, §49 (RAL).]
22 M.R.S. § 16-B — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 16-B
22 §16-B. Verification of integrity of reported information by applicants for public assistance
Status: in_force

The department shall use commercially available data to conduct an electronic verification of information provided on an application for benefits for public assistance as defined in section 16, subsection 1, paragraph C . The electronic verification must, at a minimum, be conducted on all new applications for benefits and must include searches for income, residency and available assets. [PL 2017, c. 284, Pt. NNNNNNN, §1 (NEW).]
22 M.R.S. § 1471-M — ME Code / Title 22 / Subtitle 2 / Chapter 258-A / Section 1471-M
22 §1471-M. Powers of board
Status: in_force

1. Establishment of categories and standards. The board shall, by regulation promulgated in conformity with Title 5, chapter 375, subchapter II : A. Establish categories, and where applicable subcategories, of commercial pesticide applicators depending upon the nature and extent of the pesticide use, the type of pesticide equipment, the degree of knowledge or skill required in their application and such other factors as the board considers relevant, as long as such categories are consistent with, but not limited to, the categories established by the United States Environmental Protection Agency; [PL 2015, c. 58, §9 (AMD).] B. Establish competency standards for the established categories for the certification and renewal of certification of commercial applicators. Such standards shall require, as a minimum, that the applicant demonstrate, by written examination and, as appropriate, performance testing, knowledge of pests, formulation and labelling of pesticides, equipment and application techniques, safety precautions, potential harmful effects on the environment, and applicable federal and state laws and regulations. [PL 1975, c. 397, §2 (NEW).] C. Establish standards for the certification and renewal of certification of private applicators. Such standards shall require that the private applicator indicate satisfactory knowledge of pest problems and pest control practices, including as a minimum the ability to recognize common pests and the damage they cause, to understand the pesticide label, to apply pesticides in accordance with label instructions and warnings, to recognize local environmental situations that must be considered to avoid contamination, to recognize poisoning symptoms and corrective procedures, and to understand applicable federal and state laws and regulations. [PL 1975, c. 397, §2 (NEW).] C-1. Establish standards for the certification and renewal of certification of private applicators of general use pesticides. Such standards must require that the private applicator of general use pesticides indicate satisfactory knowledge of pest problems and pest control practices, including as a minimum the ability to recognize common pests and the damage they cause, to understand the pesticide label and to apply pesticides in accordance with label instructions and warnings. [PL 2011, c. 169, §3 (NEW).] D. Establish the standards for issuance and renewal of licenses of pesticide dealers. These standards shall include, but not be limited to, requirements concerning transportation of pesticides, the applicant's knowledge of applicable federal and state statutes and regulations, and the applicant's understanding of the dangers involved and the precautions necessary for the safe storage and distribution of pesticides; [PL 1983, c. 819, Pt. A, §51 (AMD).] E. Establish guidelines and requirements for reporting of information by commercial applicators, pesticide dealers and spray contracting firms to the board; and [PL 2015, c. 58, §10 (AMD).] F. [PL 2015, c. 58, §11 (RP).] G. [PL 2015, c. 58, §12 (RP).] H. Establish standards for the certification and renewal of certification of spray contracting firms. [PL 1983, c. 819, Pt. A, §53 (NEW).] [PL 2015, c. 58, §§9-12 (AMD).]

2. Designation of critical areas; cooperation; promulgation of rules and regulations. The board may: A. [PL 1987, c. 702, §3 (RP).] B. Cooperate with any other agency of this State or its subdivisions, or with any agency of any other state or the Federal Government for the purpose of administering this chapter and of securing uniformity of regulations; [PL 1975, c. 397, §2 (NEW).] C. On its own or in cooperation with other agencies or persons, publish such information as it deems appropriate, including information concerning injury which might result from improper application or handling of pesticides, and methods and precautions designed to prevent the injury; and [PL 1987, c. 702, §4 (AMD).] D. Promulgate such other rules and regulations and take such other actions as it deems appropriate to control the use and distribution of pesticides within the State and to otherwise provide that the purposes and policies of this chapter are insured. [PL 1975, c. 397, §2 (NEW).] [PL 1987, c. 702, §§3, 4 (AMD).]

3. Hazard communication and community right to know. The board shall assist the Director of the Bureau of Labor Standards in providing education and training to aid agricultural employers in complying with the federal Occupational Safety and Health Administration requirements for hazard communication and shall assist the responsible state agencies in providing education and training to aid agricultural employers in complying with the federal requirements for emergency and hazardous chemical inventory forms and community right-to-know reporting. [PL 1999, c. 57, Pt. B, §2 (RPR).]

4. Designation of critical areas. The board may designate critical areas which shall include, but not be limited to, areas where pesticide use would jeopardize endangered species or critical wildlife habitat, present an unreasonable threat to quality of the water supply, be contrary to a master plan for the area where such area is held or managed by an agency of the State or Federal Government, or would otherwise result in unreasonable adverse effects on the public health, welfare or the environment of the area. The designation of a critical area may prohibit pesticide use or may include such limitations on such use as the board deems appropriate. The proceedings to designate a critical area under this section shall conform to Title 5, chapter 375, subchapter II . The board, by rule, shall establish criteria for designation of critical areas by March 1, 1989. In addition to the provisions of the Maine Administrative Procedure Act, Title 5, section 8001 , any municipality and, for the purpose of representing unorganized territory, any county may petition the board for establishment of a critical area within their boundaries. If the board designates a critical area, the board shall develop a pesticide management plan for that area after receiving comments from the municipality or, for unorganized territory, the county; the volunteer medical advisory panel as established through the board; local applicators; owners of land within the critical area; and other interested parties and agencies. [PL 1989, c. 502, Pt. A, §67 (AMD).]

5. Disclosure of rights. When issuing a license, the board shall provide to each licensee a written statement outlining the enforcement process and the process of negotiating agreements in lieu of court action that may occur in the event enforcement action is pursued. The Department of the Attorney General and the Department of Agriculture, Conservation and Forestry shall assist the board in developing an appropriate written statement. The board shall make this information available to all existing licensees within 30 days of the effective date of this section. [PL 1989, c. 841, §9 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

6. Notification. Whenever the board or its staff investigates a complaint alleging a violation of rules adopted pursuant to Title 7, section 606, subsection 2, paragraph G , the staff shall make all reasonable efforts to notify the alleged violator, if identity is known, prior to collecting samples. [PL 1989, c. 841, §9 (NEW).]

7. Data collection; report. The board shall implement a system of record keeping, reporting, data collection and analysis that provides information on the quantity of product and brand names of pesticides sold. The board, in cooperation with the University of Maine Cooperative Extension Service, shall study ways to improve pesticide information data bases and to optimize the useful analysis of reported information. Before April 1, 2002, the board shall submit a report on pesticide activities during the previous calendar year to the joint standing committee of the Legislature having jurisdiction over pesticide control matters. The report must contain sales information on quantities of pesticides sold listed by the common name of the active ingredient. The board shall also include in the report aggregate data on pesticide use based on reports submitted to the board by commercial applicators and other persons required to submit reports under this chapter and rules adopted pursuant to this chapter. The board shall provide the data by sector of use whenever possible. The board shall provide the data by category of pesticide, including data for herbicides, insecticides, fungicides and other major categories. In addition, the board shall include in the report a summary of survey results or other information published by the University of Maine Cooperative Extension Service or the United States Department of Agriculture relating to pesticides use in the State. The board shall develop a measure to estimate sales and types of pesticides commonly used by homeowners and track trends in the quantities and types of pesticides used by homeowners. The board shall provide historical information on pesticide use and sales in the report when the information available is appropriate for comparison. [PL 2001, c. 355, §1 (AMD).]
22 M.R.S. § 7861 — ME Code / Title 22 / Subtitle 6 / Chapter 1664 / Section 7861
22 §7861. Administration of assisted housing facilities funded by the State; eligible clients
Status: in_force

The Department of Health and Human Services, with advice from the Maine State Housing Authority, the United States Department of Agriculture, Rural Housing Service or any other housing agency financing assisted housing facilities, shall administer state-funded assisted housing facilities. Administration must include, but is not limited to: [PL 2023, c. 176, §32 (AMD).]

1. Rules; payment for assisted housing facilities. Adopting rules governing the services to be provided under assisted housing facilities paid for with state funds. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; [PL 2023, c. 176, §32 (AMD).]

2. Compliance with standards and guidelines. Reviewing the compliance of assisted housing facilities with standards and guidelines established for the facilities; [PL 2023, c. 176, §32 (AMD).]

3. Awarding of grants. Awarding of grants, when available and necessary, to subsidize the cost of assisted housing facilities for eligible clients. For the purposes of this subsection, "eligible clients" means adults who have been determined through an approved assessment by the department to be functionally or cognitively impaired and in need of financial assistance to access assisted housing facilities; and [PL 2023, c. 176, §32 (AMD).]

4. Residential care facility depreciation. Calculating depreciation recapture for a residential care facility, as defined in section 7852, subsection 14 , that is reimbursed by the department under the rules of reimbursement for room and board costs, including depreciation, when the facility is sold on or after July 1, 2013, using a methodology that provides percentage credits for buildings, fixed equipment and moveable equipment based on the number of years of operation of the residential care facility by the owner that is consistent with the following: A. For the purposes of determining depreciation recapture for buildings and fixed equipment, the methodology must determine the number of years of operation by reference to the date on which the owner began operating with the original license; [PL 2013, c. 582, §3 (NEW).] B. For the purposes of determining depreciation recapture for moveable equipment, the methodology must enable percentage credits to reach 100% after the first 6 years of the assigned useful life; and [PL 2013, c. 582, §3 (NEW).] C. The methodology must treat as equivalent to the owner of the residential care facility any person or entity that owns or controls the entity that owns the residential care facility and any entity that is owned or controlled by the owner of the residential care facility. [PL 2013, c. 582, §3 (NEW).] [PL 2013, c. 582, §3 (NEW).]
22 M.R.S. § 7933 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7933
22 §7933. Appointment of receiver
Status: in_force

1. Grounds for appointment. The following circumstances are grounds for the appointment of a receiver to operate a long-term care facility, home health care provider, personal care agency, general and specialty hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies and end-stage renal disease units: A. 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 intends to close but has not arranged at least 30 days prior to closure for the orderly transfer of its residents or clients; [PL 2023, c. 309, §38 (AMD).] B. An emergency exists in 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 that threatens the health, security or welfare of residents or clients; or [PL 2023, c. 309, §38 (AMD).] C. 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 in substantial or habitual violation of the standards of health, safety or resident care established under state or federal regulations to the detriment of the welfare of the residents or clients. [PL 2023, c. 309, §38 (AMD).] This remedy is in addition to, and not in lieu of, the power of the department to revoke, suspend or refuse to renew a license under the Maine Administrative Procedure Act. [PL 2023, c. 309, §38 (AMD).]

2. Who may bring action. The commissioner or acting commissioner may bring an action in Superior Court requesting the appointment of a receiver. [PL 2005, c. 397, Pt. A, §27 (AMD).]

3. Procedure for hearing. The procedure for a hearing shall be as follows. A. The court shall hold a hearing not later than 10 days after the action is filed, unless all parties agree to a later date. Notice of the hearing shall be served on both the owner and the licensee not less than 5 days before the hearing. If either the owner or the licensee cannot be served, the court shall specify the alternative notice to be provided. The department shall post notice, in a form approved by the court, in a conspicuous place in the facility, for not less than 3 days before the hearing. After the hearing, the court may appoint a receiver if it finds that any one of the grounds for appointment set forth is satisfied. [PL 1983, c. 454 (NEW).] B. A temporary receiver may be appointed with or without notice to the owner or licensee if it appears by verified complaint or affidavit that an emergency exists in the facility that must be remedied immediately to insure the health, safety and welfare of the residents. The temporary appointment of a receiver without notice to the owner or licensee may be made only if the court is satisfied that the petitioner has made a diligent attempt to provide reasonable notice under the circumstances. Upon appointment of a temporary receiver, the department shall proceed forthwith to make service as provided in paragraph A , and a hearing must be held within 10 days, unless all parties agree to a later date. If the department does not proceed with the petition, the court shall dissolve the temporary receivership. On 2 days' notice to the receiver, all parties and the department, or on such shorter notice as the court may prescribe, the owner or licensee may appear and move the dissolution or modification of an order appointing a receiver that has been entered without notice, and in that event the motion may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2011, c. 559, Pt. A, §25 (AMD).] [PL 2011, c. 559, Pt. A, §25 (AMD).]

4. Who may be appointed receiver. The court may appoint any person deemed appropriate by the court to act as receiver, except any state employee. The court may remove a receiver for good cause. [PL 1983, c. 454 (NEW).]

5. Compensation of receiver. The court shall set a reasonable compensation for the receiver and may require the receiver to furnish a bond with such surety as the court may require. Any expenditures shall be paid from the revenues of the facility. [PL 1983, c. 454 (NEW).]
22 M.R.S. § 3790-A — ME Code / Title 22 / Subtitle 3 / Chapter 1054-C / Section 3790-A
22 §3790-A. Higher Opportunity for Pathways to Employment Program
Status: in_force

1. Program established. The department shall establish a student financial aid program based on need to be known as the Higher Opportunity for Pathways to Employment Program, referred to in this chapter as "the program," for a parent or caretaker relative of a minor child who is qualified to receive federal Temporary Assistance for Needy Families funds but does not receive Temporary Assistance for Needy Families cash assistance pursuant to chapter 1053‑B and is matriculating in an education or training program, or is enrolled in a program providing remedial services necessary for the parent or caretaker relative to matriculate, that results in a high-value, industry-recognized certificate or similar credential, a postsecondary undergraduate 2-year degree or a postsecondary undergraduate 4-year degree in a health care, technology or engineering field. The department shall specify the health care, technology and engineering fields for the postsecondary undergraduate 4-year degree in department rules. Enrollment in the program may not exceed 800 participants. To administer the program, the department may not divert funding from assistance and support services to families under the Temporary Assistance for Needy Families program pursuant to chapter 1053‑B or from the operation of the Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families program pursuant to chapter 1054‑A . If the commissioner reasonably anticipates that available funds will not support continued operation of the program, the commissioner shall limit or suspend enrollment or program services to the extent necessary to avoid negative effects to services provided under chapters 1053‑B and 1054‑A . The program must be supported with funds provided under the Temporary Assistance for Needy Families block grant that are available under Title IV‑A of the United States Social Security Act or funds transferred from that block grant to the social services block grant authorized under Title XX of the United States Social Security Act or the child care and development block grant authorized under the federal Child Care and Development Block Grant Act of 1990 and Section 418 of the United States Social Security Act. The department may not expend federal Temporary Assistance for Needy Families funds for services that meet the definition of "assistance" under regulations promulgated pursuant to the United States Social Security Act. To the extent allowable under federal law and subject to federal approval procedures associated with such funds, the program may also be supported with other federal funds, including, but not limited to, employment and training funds from the Supplemental Nutrition Assistance Program. [PL 2021, c. 398, Pt. BBB, §1 (AMD).]

2. Eligibility criteria. To the extent that enrollment limits under subsection 1 permit, enrollment or continued participation in the program must be granted if the applicant or participant: A. Does not already have a marketable bachelor's degree; [PL 2017, c. 387, §1 (NEW).] B. Has the aptitude to successfully complete the proposed education or training program; [PL 2017, c. 387, §1 (NEW).] C. Is pursuing a postsecondary undergraduate degree, industry-recognized certificate or similar credential in a field or occupation that is identified by the Center for Workforce Research and Information within the Department of Labor as having an annual job opening rate of at least 10% or as providing opportunity for employment in high-wage, in-demand jobs in the State at the time of enrollment. For fields or occupations not so identified, the commissioner or the commissioner's designee must approve the applicant's or participant's education plan if the plan will result in a postsecondary degree, certificate or similar credential that is universally recognized and accepted by the trade or industry in which the applicant or participant intends to seek employment or is part of a career pathway plan that will lead to a similarly accepted degree or credential and is likely to provide an opportunity for employment in a job that will lead to substantial improvement in the applicant's or participant's earnings and benefits; [PL 2021, c. 149, §1 (AMD).] D. Is making satisfactory progress in the education or training program; [PL 2017, c. 387, §1 (NEW).] E. Has income that is equal to or below 225% of the nonfarm income official poverty line for a family of the size involved as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2; and [PL 2023, c. 21, §1 (AMD).] F. Has countable assets as described in department rules in the Temporary Assistance for Needy Families program pursuant to chapter 1053‑B that are equal to or below $10,000. [PL 2017, c. 387, §1 (NEW).] [PL 2023, c. 21, §1 (AMD).]

2-A. Coordination with state educational institutions and programs. The department shall consider a referral from an educational institution or program that is part of the University of Maine System; the Maine Community College System; Jobs for Maine's Graduates, established in Title 20‑A, chapter 226 ; an adult education program established pursuant to Title 20‑A, chapter 315 ; or the career centers established by the Department of Labor as an application for the Higher Opportunity for Pathways to Employment Program as long as, in accordance with department rules, the referral is submitted by a qualified person at the institution or program on a form provided by the department for this purpose and signed by the prospective student expressing a desire to enroll in the Higher Opportunity for Pathways to Employment Program. The department shall notify these institutions and programs of the opportunity to refer prospective students in accordance with this subsection and make available to prospective students and these institutions and programs referral forms to serve as applications for purposes of this subsection. [PL 2021, c. 648, §13 (NEW).]

3. Program assistance. A program participant must be provided with a package of student aid that includes all support services necessary for participation in the program that are at least equivalent to those provided under chapter 1054‑A . [PL 2017, c. 387, §1 (NEW).]

4. Campus-based student support and navigation. The department shall provide annually up to $1,000,000 in Temporary Assistance for Needy Families funds described in subsection 1 to educational institutions to establish or supplement personalized professional guidance, support and navigation services provided directly to program participants to promote program completion and student success. [PL 2017, c. 387, §1 (NEW).]

5. Protection from loss of income. To the extent permitted by federal law, aid received under this section must be disregarded as income and excluded as a resource or asset for the purposes of any state, federal, tribal or municipal assistance program. [PL 2017, c. 387, §1 (NEW).]

6. Rules. The department shall 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 2017, c. 387, §1 (NEW).]
22 M.R.S. § 2430 — ME Code / Title 22 / Subtitle 2 / Chapter 558-C / Section 2430
22 §2430. Medical Use of Cannabis Fund established
Status: in_force

1. Fund established. The Medical Use of Cannabis Fund, referred to in this section as "the fund," is established as an Other Special Revenue Funds account in the department for the purposes specified in this section. [PL 2017, c. 409, Pt. E, §10 (AMD); PL 2021, c. 669, §5 (REV).]

2. Sources of fund. The State Controller shall credit to the fund: A. All money received as a result of applications and reapplications for registration as a qualifying patient, caregiver, dispensary, manufacturing facility and cannabis testing facility; [PL 2017, c. 452, §19 (AMD); PL 2021, c. 669, §5 (REV).] B. All money received as a result of applications and reapplications for registry identification cards for registered patients, caregivers, dispensaries and officers or directors or assistants of registered caregivers, dispensaries, manufacturing facilities and cannabis testing facilities; [PL 2017, c. 452, §20 (AMD); PL 2021, c. 669, §5 (REV).] C. All penalties and fines assessed for violations of this chapter; [PL 2009, c. 631, §45 (NEW); PL 2009, c. 631, §51 (AFF).] D. All money from any other source, whether public or private, designated for deposit into or credited to the fund; [PL 2019, c. 312, §2 (AMD).] E. Interest earned or other investment income on balances in the fund; and [PL 2019, c. 312, §2 (AMD).] F. All money received as a result of a reorganization of a registered dispensary operating as a nonprofit entity to a for-profit entity pursuant to section 2428, subsection 13, paragraph D . [PL 2019, c. 312, §3 (NEW).] [PL 2019, c. 312, §§2, 3 (AMD); PL 2021, c. 669, §5 (REV).]

3. Uses of the fund. [PL 2025, c. 368, §2 (RP).]

3-A. Uses of fund. As allocated by the Legislature, the fund may be used for: A. Expenses of the department to administer this chapter; [PL 2025, c. 368, §3 (NEW).] B. Grants for research regarding cannabis for medical use in accordance with subsection 5; [PL 2025, c. 368, §3 (NEW).] C. Grants to organizations in the State conducting outreach and providing support services to active duty military members and their families who are transitioning to civilian life. Notwithstanding any provision of law to the contrary, on or before September 30, 2025, and by every September 30th thereafter, the State Controller shall transfer $200,000 from the fund to the Active Duty Military Transition to Civilian Life Fund established within the Department of Economic and Community Development under Title 5, section 13056‑K to administer grants issued pursuant to this paragraph; and [PL 2025, c. 368, §3 (NEW).] D. Grants to organizations in the State providing housing and support services for unhoused veterans and their children and for survivors of military sexual trauma. Notwithstanding any provision of law to the contrary, on or before September 30, 2025, and by every September 30th thereafter, the State Controller shall transfer $285,000 from the fund to the Survivors of Military Sexual Trauma Fund under section 3971 to administer grants issued pursuant to this paragraph. [PL 2025, c. 368, §3 (NEW).] [PL 2025, c. 368, §3 (NEW).]

4. Review of fund balance. Beginning January 2018 and every 2 years thereafter, the department shall review the balance in the fund. If the balance in the fund exceeds $400,000, the department shall reduce the fees established under section 2425‑A, subsection 10 for a 2-year period beginning with the calendar year following the review. [PL 2017, c. 452, §22 (NEW).]

5. Medical cannabis research grant program established. The medical cannabis research grant program, referred to in this subsection as "the program," is established within the department to provide grant money to support objective scientific research, including observational and clinical trials and existing research, on the efficacy of harvested cannabis as part of medical treatment and the health effects of harvested cannabis used as part of medical treatment. The program must be funded from the fund. The department shall adopt rules necessary to implement the program, including, but not limited to, required qualifications of persons conducting the research; determining the scientific merit and objectivity of a research proposal; criteria for determining the amount of program funds distributed; criteria for determining the duration of the research; procedures for soliciting research participants, including outreach to patients, and for obtaining the informed consent of participants; and reporting requirements for the results of the research and evaluation of the research results. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 387, §11 (AMD); PL 2021, c. 669, §5 (REV).]
22 M.R.S. § 4301 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4301
22 §4301. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 577, §1 (NEW).]

1. Basic necessities. "Basic necessities" means food, potable water, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons and any other commodity or service determined essential by the overseer in accordance with the municipality's ordinance and this chapter. "Basic necessities" do not include security deposits for rental property, except for emergency purposes. For the purposes of this subsection, "emergency purposes" means any situation in which no other permanent lodging is available unless a security deposit is paid. [PL 2019, c. 126, §2 (AMD).]

1-A. Direct costs. "Direct costs" means the total value of general assistance benefits paid out by a municipality that is in compliance with this chapter and the municipality's general assistance ordinance. [PL 1991, c. 9, Pt. U, §2 (NEW).]

2. Dwelling unit. "Dwelling unit" means a building or part thereof used for separate living quarters for one or more persons living as a single housekeeping unit. [PL 1983, c. 577, §1 (NEW).]

3. Eligible person. "Eligible person" means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. "Eligible person" does not include a person who is a fugitive from justice as defined in Title 15, section 201, subsection 4 . Beginning July 1, 2015, in accordance with 8 United States Code, Section 1621(d), "eligible person" means a person who is lawfully present in the United States or who is pursuing a lawful process to apply for immigration relief, except that assistance for such a person may not exceed 24 months. [PL 2015, c. 324, §1 (AMD).]

4. Emergency. "Emergency" means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be expected to pose a threat to the health or safety of a person. [PL 1983, c. 577, §1 (NEW).]

5. General assistance program. "General assistance program" means a service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. A general assistance program provides a specific amount and type of aid for defined needs during a limited period of time and is not intended to be a continuing "grant-in-aid" or "categorical" welfare program. This definition shall not in any way lessen the responsibility of each municipality to provide general assistance to a person each time that the person has need and is found to be otherwise eligible to receive general assistance. [PL 1983, c. 577, §1 (NEW).]

5-A. Homelessness. "Homelessness" means a situation in which a person or household is: A. Living in a place that is not fit for human habitation; [PL 2019, c. 515, §1 (NEW).] B. Living in an emergency shelter; [PL 2019, c. 515, §1 (NEW).] C. Living in temporary housing, including but not limited to a hotel, motel, campground, unlicensed campsite or rehabilitation facility; [PL 2019, c. 515, §1 (NEW).] D. Exiting a hospital or institution licensed under chapter 405 or a correctional facility where the person or household resided for up to 90 days if the person or household was in an emergency shelter or a place not fit for human habitation before entering the hospital, institution or correctional facility; [PL 2019, c. 515, §1 (NEW).] E. Losing the person's or household's primary nighttime residence and lacking the resources or support networks to remain in that residence; or [PL 2019, c. 515, §1 (NEW).] F. Fleeing or attempting to flee violence and has no other residence. [PL 2019, c. 515, §1 (NEW).] [PL 2019, c. 515, §1 (NEW).]

6. Household. "Household" means an individual or a group of individuals who share a dwelling unit. When an applicant shares a dwelling unit with one or more individuals, even when a landlord-tenant relationship may exist between individuals residing in the dwelling unit, eligible applicants may receive assistance for no more than their pro rata share of the actual costs of the shared basic needs of that household according to the maximum levels of assistance established in the municipal ordinance. The pro rata share is calculated by dividing the maximum level of assistance available to the entire household by the total number of household members. The income of household members not legally liable for supporting the household is considered available to the applicant only when there is a pooling of income. [PL 2013, c. 368, Pt. OO, §5 (AMD).]

7. Income. "Income" means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds, household income from any other source, including relatives or unrelated household members and any benefit received pursuant to Title 36, chapter 907 , Title 36, section 5219‑II and Title 36, section 5219‑KK , unless used for basic necessities as defined in section 4301, subsection 1 . The following items are not available within the meaning of this subsection and subsection 10 : A. Real or personal income-producing property, tools of trade, governmental entitlement specifically treated as exempt assets by state or federal law; [PL 1991, c. 9, Pt. U, §3 (AMD).] B. Actual work-related expenses, whether itemized or by standard deduction, such as taxes, retirement fund contributions, union dues, transportation costs to and from work, special equipment costs and child care expenses; or [PL 1983, c. 577, §1 (NEW).] C. Earned income of children below the age of 18 years who are full-time students and who are not working full time. [PL 1991, c. 9, Pt. U, §3 (AMD).] In determining need, the period of time used as a basis for the calculation is the 30-day period commencing on the date of the application. This prospective calculation does not disqualify an applicant who has exhausted income to purchase basic necessities if that income does not exceed the income standards established by the municipality. Notwithstanding this prospective calculation, if any applicant or recipient receives a lump sum payment prior or subsequent to applying for assistance, that payment must be prorated over future months. The period of proration is determined by disregarding any portion of the lump sum payment that the applicant or recipient has spent to purchase basic necessities, including but not limited to: all basic necessities provided by general assistance; reasonable payment of funeral or burial expenses for a family member; reasonable travel costs related to the illness or death of a family member; repair or replacement of essentials lost due to fire, flood or other natural disaster; repair or purchase of a motor vehicle essential for employment, education, training or other day-to-day living necessities; repayments of loans or credit, the proceeds of which can be verified as having been spent on basic necessities; and payment of bills earmarked for the purpose for which the lump sum is paid. All income received by the household between the receipt of the lump sum payment and the application for assistance is added to the remainder of the lump sum. The period of proration is then determined by dividing the remainder of the lump sum payment by the verified actual monthly amounts for all of the household's basic necessities. That dividend represents the period of proration determined by the administrator to commence on the date of receipt of the lump sum payment. The prorated sum for each month must be considered available to the household for 12 months from the date of application or during the period of proration, whichever is less. [PL 2013, c. 551, §1 (AMD).]

8. Just cause. "Just cause" means a valid, verifiable reason that hinders an individual in complying with one or more conditions of eligibility. [PL 1983, c. 577, §1 (NEW).]

8-A. Lump sum payment. "Lump sum payment" means a one-time or typically nonrecurring sum of money issued to an applicant or recipient. Lump sum payment includes, but is not limited to, retroactive or settlement portions of social security benefits, workers' compensation payments, unemployment benefits, disability income, veterans' benefits, severance pay benefits, or money received from inheritances, lottery winnings, personal injury awards, property damage claims or divorce settlements. A lump sum payment includes only the amount of money available to the applicant after payment of required deductions has been made from the gross lump sum payment. A lump sum payment does not include conversion of a nonliquid resource to a liquid resource if the liquid resource has been used or is intended to be used to replace the converted resource or for other necessary expenses. [PL 2001, c. 571, §2 (AMD).]

8-B. Landlord. "Landlord" means a person who owns a property and allows another person to use that property in return for payment. [PL 2023, c. 133, §1 (NEW).]

9. Municipality of responsibility. "Municipality of responsibility" means the municipality which is liable for the support of any eligible person at the time of application. [PL 1983, c. 577, §1 (NEW).]

10. Need. "Need" means the condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance established by the municipality. [PL 1985, c. 489, §§2, 14 (AMD).]

11. Net general assistance costs. "Net general assistance costs" means those direct costs incurred by a municipality in providing assistance to eligible persons according to standards established by the municipal officers and does not include the administrative expenses of the general assistance program. [PL 1983, c. 577, §1 (NEW).]

11-A. Operator. "Operator" means the lawful owner of a recovery residence or an individual or company designated by the lawful owner to have primary responsibility for the day-to-day operations of the recovery residence and for acquiring and maintaining certification pursuant to Title 5, section 20005, subsection 22 of the recovery residence in order to receive housing assistance payments through the general assistance program. [PL 2023, c. 133, §2 (NEW).]

12. Overseer. "Overseer" means an official designated by a municipality to administer a general assistance program. The municipal officers shall serve as a board of overseers if no other persons are appointed or elected. [PL 1983, c. 577, §1 (NEW).]

12-A. Pooling of income. "Pooling of income" means the financial relationship among household members who are not legally liable for mutual support in which there occurs any comingling of funds or sharing of income or expenses. Municipalities may by ordinance establish as a rebuttable presumption that persons sharing the same dwelling unit are pooling their income. Applicants who are requesting that the determination of eligibility be calculated as though one or more household members are not pooling their income have the burden of rebutting the presumption of pooling income. [PL 1991, c. 622, Pt. M, §22 (NEW).]

13. Real estate. "Real estate" means any land, buildings, homes, mobile homes and any other things affixed to that land. [PL 1983, c. 577, §1 (NEW).]

14. Recovery residence. "Recovery residence" has the same meaning as in Title 5, section 20003, subsection 19‑D . [PL 2021, c. 472, §2 (NEW).]
22 M.R.S. § 4087-A — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4087-A
22 §4087-A. Ombudsman program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Ombudsman" means the director of the program and persons employed or volunteering to perform the work of the program. [PL 2001, c. 439, Pt. X, §5 (NEW).] B. "Program" means the ombudsman program established under this section. [PL 2001, c. 439, Pt. X, §5 (NEW).] [PL 2001, c. 439, Pt. X, §5 (NEW).]

2. Program established. The ombudsman program is established as an independent program within the Executive Department to provide ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Health and Human Services. The program shall consider and promote the best interests of the child involved, answer inquiries and investigate, advise and work toward resolution of complaints of infringement of the rights of the child and family involved. The program must be staffed, under contract, by a full-time director who is an attorney or a master's level social worker with experience in child welfare, development and advocacy. The program shall function through staff of the program, at the discretion of the nonprofit organization under contract pursuant to subsection 3 , to assist in the duties of the program. [PL 2021, c. 550, §3 (AMD).]

3. Contracted services; terms. The program shall operate by contract with a nonprofit organization that the Executive Department determines to be free of potential conflict of interest and best able to provide the services on a statewide basis. The ombudsman may not be actively involved in state-level political party activities or publicly endorse, solicit funds for or make contributions to political parties on the state level or candidates for statewide elective office. The ombudsman may not be a candidate for or hold any statewide elective or appointive public office. The contract must include funds for the nonprofit organization to provide health insurance benefits to the staff of the ombudsman program. The contract must be for a term of 5 years, except that the contract may be terminated consistent with the terms of the contract. [PL 2021, c. 550, §4 (AMD).]

4. Services. The program shall provide services to persons and families involved with child welfare services and may provide input on the State's child welfare system to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters. The first priority in the work of the program must be case-specific advocacy services. In performing services under this section, the program, as it determines to be appropriate, may create and maintain records and case-specific reports. Any work on systems improvements or lobbying must be adjunctive to case-specific activities. The program may: A. Provide information to the public about the services of the program through a comprehensive outreach program. The ombudsman shall provide information through a toll-free telephone number and a publicly accessible website; [PL 2021, c. 550, §5 (AMD).] B. Answer inquiries, investigate and work toward resolution of complaints regarding the performance and services of the department and participate in conferences, meetings and studies that may improve the performance of the department; [PL 2001, c. 439, Pt. X, §5 (NEW).] C. Provide services to persons to assist them in protecting their rights; [PL 2001, c. 439, Pt. X, §5 (NEW).] D. Inform persons of the means of obtaining services from the department; [PL 2001, c. 439, Pt. X, §5 (NEW).] E. Provide information and referral services; [PL 2001, c. 439, Pt. X, §5 (NEW).] F. Analyze and provide opinions and recommendations to agencies, the Governor and the Legislature on current or proposed state programs, rules, policies and laws; [PL 2021, c. 550, §5 (AMD).] G. Determine what types of complaints and inquiries will be accepted for action by the program and adopt policies and procedures regarding communication with persons making inquiries or complaints and the department; [PL 2001, c. 439, Pt. X, §5 (NEW).] H. Apply for and utilize grants, gifts and funds for the purpose of performing the duties of the program; and [PL 2001, c. 439, Pt. X, §5 (NEW).] I. Collect and analyze records and data relevant to the duties and activities of the program and make reports as required by law or determined to be appropriate. [PL 2001, c. 439, Pt. X, §5 (NEW).] The department or designee of the department shall notify the ombudsman of any statewide policy changes affecting the State's child welfare system before the changes take effect. [PL 2021, c. 550, §5 (AMD).]

4-A. Information for parents in child protective cases. The program, in consultation with appropriate interested parties, shall provide information about child protection laws and procedures to parents whose children are the subject of child protective investigations and cases under this chapter. The providing of the information under this subsection does not constitute representation of parents. Parents may seek and receive information regardless of whether they are represented by legal counsel. The information must be provided free of charge to parents. The program shall report annually to the joint standing committee of the Legislature having jurisdiction over judiciary matters, starting February 1, 2003, on the provision of information required by this subsection. This subsection does not create new rights or obligations concerning the provision of legal advice or representation of parents. Failure to provide information under this subsection does not create a cause of action or have any effect on a child protective proceeding. [PL 2001, c. 696, §36 (NEW).]

5. Access to persons, files and records. As necessary for the duties of the program, the ombudsman has access to the files and records of the department, without fee, and to the personnel of the department for the purposes of investigation of an inquiry or complaint. The ombudsman may also enter the premises of the department for the purposes of investigation of an inquiry or complaint without prior notice. The program shall maintain the confidentiality of all information or records obtained under this subsection. [PL 2001, c. 439, Pt. X, §5 (NEW).]

6. Confidentiality of records. Information held by or records or case-specific reports maintained by the program are confidential. Disclosure may be made as allowed or required in accordance with the provisions of section 4008, subsections 2 and 3 . Unlawful dissemination is subject to the provisions of section 4008, subsection 4 . [PL 2005, c. 410, §2 (RPR).]

7. Liability. Any person who in good faith submits a complaint or inquiry to the program pursuant to this section is immune from any civil or criminal liability. For the purpose of any civil or criminal proceedings, there is a rebuttable presumption that any person acting pursuant to this section did so in good faith. The ombudsman and employees and volunteers in the program are employees of the State for the purposes of the Maine Tort Claims Act. [PL 2001, c. 439, Pt. X, §5 (NEW).]

8. Penalties. A person who intentionally obstructs or hinders the lawful performance of the ombudsman's duties commits a Class E crime. A person who penalizes or imposes a restriction on a person who makes a complaint or inquiry to the ombudsman as a result of that complaint or inquiry commits a Class E crime. The Attorney General shall enforce this subsection under Title 5, section 191 . [PL 2001, c. 439, Pt. X, §5 (NEW).]

9. Information. Beginning January 1, 2002, information about the services of the program and any applicable grievance and appeal procedures must be given to all children and families receiving child welfare services from the department and from all persons and entities contracting with the department for the provision of child welfare services. [PL 2001, c. 439, Pt. X, §5 (NEW).]

10. Report. The program shall report to the Governor, the department and the Legislature before January 1st each year on the activities and services of the program, priorities among types of inquiries and complaints that may have been set by the program, waiting lists for services, the provision of outreach services and recommendations for changes in policy, rule or law to improve the provision of services. [PL 2001, c. 439, Pt. X, §5 (NEW).]

11. Oversight. The joint standing committee of the Legislature having jurisdiction over health and human services matters shall review the operations of the program and may make recommendations to the Governor regarding the contract for services under this section. The committee may submit legislation that it determines necessary to amend or repeal this section. [PL 2001, c. 439, Pt. X, §5 (NEW).]

12. Notification of child fatality required. The department shall notify the ombudsman of a fatality of a child if: A. The child was involved with child welfare services at any time; or [PL 2021, c. 550, §6 (NEW).] B. The fatality is suspected of being the result of abuse or neglect. [PL 2021, c. 550, §6 (NEW).] Notification under this subsection must occur within 48 hours of a determination by the department that this subsection applies to the fatality. The notification may be provided by oral or electronic communication. [PL 2021, c. 550, §6 (NEW).]
22 M.R.S. § 1553 — ME Code / Title 22 / Subtitle 2 / Chapter 262-A / Section 1553
22 §1553. Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
Status: in_force

Except as otherwise provided in this section, a license or any interest in a license may not be sold, transferred, assigned or otherwise subjected to control by any person other than the licensee. If the business or any interest in the business connected with a licensed activity is sold, transferred or assigned, the license holder shall send immediately to the department the license and a sworn statement showing the name and address of the purchaser. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

1. Transfer within same municipality. Upon receipt of a written application, the department may transfer any retail tobacco license from one place to another within the same municipality. A transfer may not be made to a premises for which a license could not have been originally legally issued. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

2. Death, bankruptcy or receivership. In the case of death, bankruptcy or receivership of any licensee, the executor or administrator of the deceased licensee, the trustee or receiver of the bankrupt licensee or the licensee in receivership may retain the license. A. For the benefit of the estate of the deceased licensee, the personal representative, receiver or trustee of the estate may operate the premises alone or through a manager for one year from the date of appointment. (1) A new license application must be submitted at the end of the one-year grace period. (2) Within one year from the date of appointment, the original license becomes void and must be returned to the department for cancellation. (3) Any suspension or revocation of the license by the District Court for any violation applies to the manager or the personal representative, receiver or trustee of the estate. (4) A personal representative, receiver or trustee of an estate or a duly appointed manager may not operate under the license unless approved by the department. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] B. If a licensee dies, the following persons, with the written approval of the department, may continue to operate under the license for not more than 60 days pending appointment of a personal representative of the estate: (1) The surviving spouse; (2) A person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee; (3) The sole heir of the deceased licensee; or (4) A person designated by all of the heirs of the deceased licensee. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] C. When administration of the estate of a deceased licensee is not contemplated, the surviving spouse or person designated by all the heirs of the deceased licensee may take over the license under the same conditions as are provided for operation and transfer by an executor or an administrator. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

3. Guardian; conservator. A duly appointed and qualified guardian or conservator of the estate of a licensee may take over and operate any license of the ward of the deceased licensee for a period not to exceed one year if the guardian or conservator or the guardian or conservator's managers are approved by the department. A. A guardian or conservator must apply for a new license on the ward's behalf within one year of the guardian's or conservator's appointment, if the guardian or conservator intends to continue to sell tobacco products. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] B. Penalties for violations apply to both guardians or conservators and guardians' or conservators' managers in the same manner as to executors or administrators and guardians' or conservators' managers in subsection 2, paragraph A , subparagraph (3). [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

4. Transfers. The following changes in a licensee's business are considered transfers under this section: A. The sale or transfer of stock of a corporate licensee whose stock is not publicly traded that results in the sale or transfer of more than 10% of the shares of stock of the corporate licensee; [PL 1995, c. 593, §1 (AMD).] A-1. The sale or transfer of stock of a corporate licensee whose stock is publicly traded that results in the sale or transfer of more than 51% of the voting shares of the corporate licensee; [PL 1995, c. 593, §2 (NEW).] B. The incorporation of a licensee's business or a change in the form of incorporation of a licensee's business; [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] C. The addition or deletion of a partner in a partnership; or [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] D. The merger or acquisition of a licensee that is incorporated. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).] [PL 1995, c. 593, §§1, 2 (AMD).]
22 M.R.S. § 4099-H — ME Code / Title 22 / Subtitle 3 / Chapter 1071 / Section 4099-H
22 §4099-H. Emergency shelter family homes for youth
Status: in_force

This section applies to emergency shelter family homes for youths in order to provide the youths with voluntary, safe, emergency housing with individuals or families in locations as close as reasonably possible to the home communities of the youths. [PL 2011, c. 385, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Emergency shelter family home" means a home that provides community-based emergency shelter with an individual or a family that is operated 24 hours a day under the auspices of an emergency shelter licensed by the department in accordance with rules adopted by the department under sections 7801 and 8102 . [PL 2011, c. 385, §1 (NEW).] B. "Youth" means a child 12 to 20 years of age. [PL 2011, c. 385, §1 (NEW).] [RR 2011, c. 1, §35 (COR).]

2. Placement. A licensed emergency shelter may place in an emergency shelter family home operated by the shelter a youth who was referred to the shelter by the Department of Corrections if the shelter has obtained the agreement of the parent or legal guardian of the youth. [PL 2011, c. 385, §1 (NEW).]

3. Requirements. A licensed emergency shelter that operates an emergency shelter family home must be licensed as a child placing agency by the department under rules adopted pursuant to sections 7801 and 8202 and must operate the home under a contract with the Department of Corrections and in accordance with an agreement between the department and the Department of Corrections. An emergency shelter family home may be, but is not required to be, licensed as a children's home by the department under rules adopted pursuant to sections 7801 and 8202 . [PL 2011, c. 385, §1 (NEW).]
22 M.R.S. § 3823 — ME Code / Title 22 / Subtitle 3 / Chapter 1055-A / Section 3823
22 §3823. Foreclosure on liens
Status: in_force

The commissioner shall proceed as follows with respect to foreclosures on liens filed pursuant to section 3822 . [PL 1993, c. 654, §1 (NEW).]

1. Liens on real property. Actions to foreclose liens on real property issued under section 3822 may be brought in the county where the property is located pursuant to the procedures of Title 14, chapter 403, subchapter II . [PL 1993, c. 654, §1 (NEW).]

2. Liens on personal property. Actions to foreclose liens on personal property issued under section 3822 may be brought in the county where the obligor resides or the county where the property is located pursuant to the procedures of Title 14, chapter 509, subchapter III . [PL 1993, c. 654, §1 (NEW).]
22 M.R.S. § 674 — ME Code / Title 22 / Subtitle 2 / Chapter 160 / Section 674
22 §674. State Radiation Control Agency
Status: in_force

1. Designated. The Department of Health and Human Services, in this chapter referred to as the "department," is designated as the State Radiation Control Agency. [PL 1983, c. 345, §§13, 14 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Commissioner. The Commissioner of Health and Human Services shall be referred to as the "commissioner," who shall perform the functions vested in the department pursuant to this Act. [PL 1983, c. 345, §§13, 14 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

3. Employees. In accordance with the laws of this State, the department may employ, compensate and prescribe the powers and duties of such individuals as may be necessary to carry out the provisions of this Act. [PL 1983, c. 345, §§13, 14 (NEW).]

4. Authority. The department, for the protection of the public health and safety: A. Shall develop programs for the evaluation and control of hazards associated with use of sources of radiation; [PL 1987, c. 493, §4 (AMD).] B. Shall develop programs with due regard for compatibility with federal programs for regulation of by-product, source and special nuclear materials; [PL 1987, c. 493, §4 (AMD).] C. Shall develop programs with due regard for consistency with federal programs for regulation of radiation generating equipment; [PL 1987, c. 493, §4 (AMD).] D. Shall formulate, adopt, promulgate and repeal codes and rules, which may provide for licensing or registration, relating to control of sources of radiation with due regard for compatibility with the regulatory programs of the Federal Government. Promulgate such rules in addition to the rule specified in this paragraph as are appropriate to carry out the purposes of this Act, including, but not limited to, rules concerning acquisition, ownership, possession and use of radioactive materials or devices or equipment utilizing radioactive material; [PL 1987, c. 493, §4 (AMD).] E. Shall issue such orders or modifications thereof as may be necessary in connection with proceedings under section 677 ; [PL 1987, c. 493, §4 (AMD).] F. Shall advise, consult and cooperate with other agencies of the State, Federal Government, other states and interstate agencies, political subdivisions and other organizations concerned with control of sources of radiation; [PL 1987, c. 493, §4 (AMD).] G. May accept and administer loans, grants or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the Federal Government and from other sources, public or private; [PL 1983, c. 345, §§13, 14 (NEW).] H. Shall encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to control of sources of radiation; [PL 1987, c. 769, Pt. A, §67 (RPR).] I. Shall collect and disseminate information relating to control of sources of radiation, including: (1) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations; (2) Maintenance of a file of registrants possessing sources of radiation requiring registration under this Act and any administrative or judicial action pertaining to this Act; and (3) Maintenance of a file of all of the department's rules relating to regulation of sources of radiation, pending or promulgated, and any connected proceedings; [PL 1987, c. 769, Pt. A, §67 (RPR).] J. May investigate and sample sites where radioactive substances or devices are stored or handled to identify uncontrolled radioactive substance sites; [PL 1987, c. 769, Pt. A, §68 (RPR).] K. May take whatever action is deemed necessary to abate, clean up or mitigate the threats or hazards posed or potentially posed by radioactive material or radiation-generating equipment to protect the public health, safety or welfare or the environment, including administering or carrying out measures to abate, clean up or mitigate the threats or hazards and implementing remedies to remove, store, treat, dispose of or otherwise handle radioactive material, including soil and water contaminated by the material; [PL 1987, c. 769, Pt. A, §68 (RPR).] L. Shall establish and maintain a continuous radiation monitoring system to record the radioactive levels of gaseous and liquid discharges from any commercial nuclear power facility operating in the State; [PL 1991, c. 496, §2 (AMD).] M. Shall establish and maintain an off-site monitoring network to provide continuous monitoring of gamma radiation levels within the vicinity of any commercial nuclear power facility operating in the State. Portable off-site monitoring devices must be made available to members of the public to establish a network of volunteer monitors who shall report to the department their findings. For this purpose, the department shall make Geiger Rate meters available to 50 volunteer monitors. In addition to the placement of Geiger Rate meters, the department shall procure 20 Gamma Scintillation Detection Devices and place 16 of them in homes of members of the public who volunteer to participate in the program. The 4 additional devices must be maintained by the department in reserve. The volunteers with Gamma Scintillation Detection Devices must also be provided with 2-way radios so they can report their findings in the case of emergency. All volunteers shall assist the department in its continuous monitoring network. All off-site monitoring devices must be geographically distributed throughout the surveillance area to provide the most effective monitoring network. The department shall adopt rules to provide for the selecting of the volunteers, the appropriate and accurate use of the meters and devices and the method and frequency of reporting to the department and other procedures necessary to implement the program; and [PL 1991, c. 496, §2 (AMD).] N. Shall provide 24-hour-per-day coverage of existing radiation monitors through the use of a dialer-server computer system and the use of pagers. [PL 1991, c. 496, §3 (NEW).] [PL 1991, c. 496, §§2, 3 (AMD).]

5. Coordination. The commissioner shall serve as the coordinator of radiation activities among the Maine Emergency Management Agency, Department of Public Safety, Department of Health and Human Services and Department of Environmental Protection. The commissioner shall: A. Consult with and review regulations and procedures of the agencies and federal law to assure consistency and to prevent unnecessary duplication, inconsistencies or gaps in regulatory requirements; and [PL 1987, c. 769, Pt. A, §70 (RPR).] B. Review, prior to adoption, the proposed rules of all agencies of the State relating to use of control of radiation, to assure that these rules are consistent with Title 5, chapter 375 , and rules of other agencies of the State. The review must be completed within 15 days. [RR 2007, c. 2, §7 (COR).] If the commissioner determines that proposed rules are inconsistent with rules of other agencies of the State or federal law, the commissioner shall consult with the agencies involved in an effort to resolve these inconsistencies. In the event no inconsistency is reported within 15 days, the proposed rules are presumed consistent for the purposes of this subsection. Upon notification by the commissioner that the inconsistency has not been resolved, the Governor may find that the proposed rules or parts of rules are inconsistent with rules of other agencies of the State or the Federal Government and may issue an order to that effect, in which event the proposed rules or parts of rules do not become effective. The Governor may direct, in the alternative, upon a similar determination, the appropriate agency or agencies to amend or repeal existing rules to achieve consistency with the proposed rules. [RR 2007, c. 2, §7 (COR).]

6. Information. The several agencies of the State shall keep the commissioner fully and currently informed as to their activities relating to regulation of sources of radiation. [PL 1983, c. 345, §§13, 14 (NEW).]

7. Report. The commissioner shall report prior to January 31, 1984, to the joint standing committee of the Legislature having jurisdiction over natural resources on the need for regulation of nonionizing radiation. [PL 1983, c. 345, §§13, 14 (NEW).]
22 M.R.S. § 453 — ME Code / Title 22 / Subtitle 2 / Chapter 153 / Section 453
22 §453. Local board of health
Status: in_force

1. Membership; administration. A municipality may appoint a local board of health consisting of a minimum of 3 and a maximum of 7 members besides the local health officer appointed pursuant to section 451 , one of whom must be a physician, an advanced practice nurse or a physician associate, if available in the community. Appointees must have knowledge, education and experience in medicine or public health, including but not limited to community mental health, public health nursing, public and community health, social work and communications. To the extent possible, the board must be representative of the population served. When first appointed, members of the board must be appointed one for one year, one for 2 years and one for 3 years. Subsequent appointments must be for 3-year terms. The local health officer is secretary ex officio of the local board of health and shall keep a record of all proceedings. The local board of health constitutes an advisory body to the local health officer. [PL 2025, c. 75, §1 (NEW); PL 2025, c. 316, §3 (REV).]

2. Authorities of board. A local board of health shall prioritize activities overseen by the local health officer and may: A. In consultation with the Maine Center for Disease Control and Prevention, educate the public about health issues as long as those educational activities do not conflict with law, ordinance, bylaw or any fire, health or safety rule and are based in scientific approaches; [PL 2025, c. 75, §1 (NEW).] B. Propose ordinances to the local legislative body for the promotion of general health as long as those ordinances do not conflict with other law, ordinance, bylaw or any fire, health or safety rule; [PL 2025, c. 75, §1 (NEW).] C. Advise local select boards, council and staff on public health issues outside of the expertise of the local health officer, but shall prioritize activities overseen by the local health officer; [PL 2025, c. 75, §1 (NEW).] D. Advise other municipal departments, volunteer boards and commissions; and [PL 2025, c. 75, §1 (NEW).] E. Collaborate with nonprofit organizations, businesses and other entities to support local public health work. [PL 2025, c. 75, §1 (NEW).] A local board of health may not direct the work of the local health officer or any other employee or appointed official of the municipality. [PL 2025, c. 75, §1 (NEW).]

3. Funding. A local board of health may request permission from the municipality to apply for outside funding. All outside funding received by a local board of health is subject to municipal financial processes and procedures. [PL 2025, c. 75, §1 (NEW).]
22 M.R.S. § 7249 — ME Code / Title 22 / Subtitle 4 / Chapter 1603 / Section 7249
22 §7249. Reporting of prescription monitoring information
Status: in_force

1. Information required. Except as provided in subsection 1‑A or 1‑B, each dispenser shall submit to the department, by electronic means or other format specified in a waiver granted by the department, specific items of information regarding dispensed controlled substances as determined by the department through rules adopted to implement this subsection. A. [PL 2025, c. 37, §3 (RP).] B. [PL 2025, c. 37, §3 (RP).] C. [PL 2025, c. 37, §3 (RP).] D. [PL 2025, c. 37, §3 (RP).] E. [PL 2025, c. 37, §3 (RP).] F. [PL 2025, c. 37, §3 (RP).] G. [PL 2025, c. 37, §3 (RP).] H. [PL 2025, c. 37, §3 (RP).] I. [PL 2025, c. 37, §3 (RP).] J. [PL 2025, c. 37, §3 (RP).] K. [PL 2025, c. 37, §3 (RP).] L. [PL 2025, c. 37, §3 (RP).] M. [PL 2025, c. 37, §3 (RP).] N. [PL 2025, c. 37, §3 (RP).] [PL 2025, c. 37, §3 (AMD).]

1-A. Small quantity dispensing. If a controlled substance is dispensed by a hospital emergency department to a person receiving care in the emergency department for use by that person during a period of 48 hours or less after the controlled substance is dispensed, the dispenser is not required to comply with subsection 1 . [PL 2017, c. 213, §4 (NEW).]

1-B. Small quantity dispensing by veterinarians. If a benzodiazepine or an opioid medication is dispensed by a veterinarian for an animal in a mobile or emergency setting or in an amount to be used during a period of 48 hours or less after the benzodiazepine or opioid medication is dispensed, the dispenser is not required to comply with subsection 1 . [PL 2017, c. 360, §4 (NEW).]

2. Frequency. Each dispenser shall submit the information required under subsection 1 as frequently as specified by the department. [PL 2011, c. 657, Pt. AA, §68 (AMD).]

3. Waiver. The department may grant a waiver of the electronic submission requirement under subsection 1 to any dispenser for good cause, including financial hardship, as determined by the department. The waiver must state the format and frequency with which the dispenser is required to submit the required information. [PL 2011, c. 657, Pt. AA, §68 (AMD).]

4. Immunity from liability. A dispenser or prescriber is immune from liability for disclosure of information if the disclosure was made pursuant to and in accordance with this chapter. [PL 2015, c. 488, §3 (AMD).]

5. Participation requirements. [PL 2013, c. 587, §1 (RP).]
22 M.R.S. § 7932 — ME Code / Title 22 / Subtitle 6 / Chapter 1666-A / Section 7932
22 §7932. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 454 (NEW).]

1. Emergency. "Emergency" means a situation, physical condition or one or more practices, methods or operations which presents imminent danger of death or serious physical or mental harm to residents, including, but not limited to, imminent or actual abandonment of an occupied facility. [PL 1983, c. 454 (NEW).]

1-A. Client. "Client" means a person who receives services from a home health agency, personal care agency, long-term care facility, general and specialty hospital, critical access hospital, ambulatory surgical facility, hospice agency or end-stage renal disease unit. [PL 2023, c. 309, §36 (AMD).]

1-B. End-stage renal disease unit. "End-stage renal disease unit" means a facility that provides specialized services to assist individuals who have been diagnosed as having an irreversible and permanent kidney disease that requires dialysis or kidney transplantation to maintain life. [PL 1999, c. 384, §7 (NEW).]

2. Facility. "Facility" means any assisted living facility, residential care facility or assisted housing facility subject to licensure pursuant to chapters 1663 and 1664 , any nursing facility or unit subject to licensure pursuant to chapter 405 and any private psychiatric hospital subject to licensure pursuant to chapter 405 . [PL 2023, c. 176, §33 (AMD).]

2-A. General hospital. "General hospital" means an acute health care facility with permanent inpatient beds planned, organized, operated and maintained to offer on a continuous basis facilities and services for the diagnosis and treatment of illness, injury and deformity that has a governing board and an organized medical staff, offering a continuous 24-hour professional nursing care plan to provide continuous 24-hour emergency treatment and that includes the following services or organizational units: A. Administration; [PL 1999, c. 384, §9 (NEW).] B. Nursing services; [PL 1999, c. 384, §9 (NEW).] C. Emergency services; [PL 1999, c. 384, §9 (NEW).] D. Dietary service; [PL 1999, c. 384, §9 (NEW).] E. Medical record service; [PL 1999, c. 384, §9 (NEW).] F. Radiology service; [PL 1999, c. 384, §9 (NEW).] G. Pathology or clinical laboratory service; [PL 1999, c. 384, §9 (NEW).] H. Pharmaceutical service; [PL 1999, c. 384, §9 (NEW).] I. Hospital safety program; [PL 1999, c. 384, §9 (NEW).] J. Disaster plan; and [PL 1999, c. 384, §9 (NEW).] K. Inservice education. [PL 1999, c. 384, §9 (NEW).] "General hospital" does not mean a federally controlled or state-controlled institution, a community health center, an independent outpatient diagnostic or treatment center, a doctor's office, a college infirmary or an industrial dispensary. [PL 1999, c. 384, §9 (NEW).]

3. Habitual violation. "Habitual violation" means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. [PL 1983, c. 454 (NEW).]

3-A. Home health care provider. "Home health care provider" means any business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, that is engaged in providing acute, restorative, rehabilitative, maintenance, preventive or health promotion services through professional nursing or another therapeutic service, such as physical therapy, home health aides, nurse assistants, medical social work, nutritionist services or personal care services, either directly or through contractual agreement, in a client's place of residence. This term does not apply to any sole practitioner providing private duty nursing services or other restorative, rehabilitative, maintenance, preventive or health promotion services in a client's place of residence or to municipal entities providing health promotion services in a client's place of residence. This term does not apply to a federally qualified health center or a rural health clinic as defined in 42 United States Code, Section 1395x, subsection (aa) (1993) that is delivering case management services or health education in a client's place of residence. Beginning October 1, 1991 "home health care provider" includes any business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. [PL 1999, c. 384, §10 (AMD).]

3-B. Hospice agency. "Hospice agency" means a public agency or private organization that is primarily engaged in providing specified services to terminally ill individuals and their families. The services provided are nursing care, physicians services, physical and speech therapy, home health aid, homemaker services, pastoral counseling, social work services, occupational therapy and dietary services in addition to bereavement counseling. The care may be provided as services to patients in institutions, as respite care, as routine home care or as continuous home care. [PL 1999, c. 384, §11 (NEW).]

4. Licensee. "Licensee" means any person or any other legal entity, other than a receiver appointed under section 7933 , who is licensed or required to be licensed to operate a facility. [PL 1983, c. 454 (NEW).]

5. Owner. "Owner" means the holder of the title to the real estate in which the facility is maintained. [PL 1983, c. 454 (NEW).]

5-A. Personal care agency. "Personal care agency" means an organization or other entity licensed under section 1717 . [PL 2023, c. 309, §37 (NEW).]

6. Resident. "Resident" means any person who lives in and receives services or care in a long-term care facility. [PL 1983, c. 454 (NEW).]

7. Substantial violation. "Substantial violation" means a violation of state or federal law that presents a reasonable likelihood of serious physical or mental harm to residents or clients. [PL 1999, c. 384, §12 (AMD).]

8. Transfer trauma. "Transfer trauma" means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. [PL 1983, c. 454 (NEW).]

9. Ambulatory surgical facility. "Ambulatory surgical facility" means a facility with the primary purpose of providing elective surgical care to a patient who is admitted to and discharged from the facility within the same day. In order to meet this primary purpose, a facility must at least administer anesthetic agents, maintain a sterile environment in a surgical suite and share a facility fee separate from the professional license. "Ambulatory surgical facility" does not include: A. A facility that is licensed as part of a hospital; [PL 1999, c. 384, §13 (NEW).] B. A facility that provides services or accommodations for patients who stay overnight; [PL 1999, c. 384, §13 (NEW).] C. A facility existing for the primary purpose of performing terminations of pregnancies; or [PL 1999, c. 384, §13 (NEW).] D. The private office of a physician or dentist in individual or group practice, unless the office is certified as a Medicare ambulatory surgical center. [PL 1999, c. 384, §13 (NEW).] [PL 1999, c. 384, §13 (NEW).]

10. Critical access hospital. "Critical access hospital" means a hospital that must first be designated and approved by the State, as long as the State also has established an approved rural hospital flexibility program, and that meets the conditions in effect on March 1, 2004 for critical access hospital status under the federal Medicare program. In addition, it must also: A. [PL 2003, c. 673, Pt. HH, §2 (RP).] B. Have a Medicare participation agreement as a hospital and be in compliance with the Medicare hospital conditions of participation when applying to become a critical access hospital; [PL 2003, c. 673, Pt. HH, §2 (AMD).] C. Be certified by the State prior to January 1, 2006 as being a necessary provider of health care services to residents in the area or be located more than a 35-mile drive from any other hospital or critical access hospital. In mountainous terrain or in areas with only secondary roads, the mileage criterion is 15 miles; [PL 2003, c. 673, Pt. HH, §2 (AMD).] D. Provide not more than 25 beds for acute hospital-level inpatient care: (1) Except that a swing-bed facility is allowed to have up to 25 inpatient beds that can be used interchangeably for acute or skilled nursing facility care; and (2) In addition to the 25-bed limit for acute inpatient care, a hospital may have distinct parts with 10 or fewer psychiatric inpatient beds or 10 or fewer inpatient rehabilitation beds, or both; [PL 2023, c. 643, Pt. KK, §2 (AMD).] E. Agree to provide inpatient care for a period that does not exceed, as determined on an annual average basis, 96 hours per patient; and [PL 2023, c. 643, Pt. KK, §3 (AMD).] F. [PL 2003, c. 673, Pt. HH, §2 (RP).] G. Satisfy the application and reporting requirements in section 1812‑I. [PL 2023, c. 643, Pt. KK, §4 (NEW).] [PL 2023, c. 643, Pt. KK, §§2-4 (AMD).]
22 M.R.S. § 8101 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8101
22 §8101. Definitions
Status: in_force

As used in this subtitle, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 260, §4 (RPR).]

1. Children's home. "Children's home" means any residence maintained exclusively or in part for the board and care of one or more children under the age of 18. "Children's home" does not include: A. A facility established primarily to provide medical care; [PL 1981, c. 260, §4 (NEW).] B. A youth camp licensed under section 2495 ; or [PL 2009, c. 211, Pt. B, §19 (AMD).] C. A school established solely for educational purposes except as provided in subsection 4 . [PL 1981, c. 260, §4 (NEW).] [PL 2009, c. 557, §5 (AMD).]

2. Emergency children's shelter. "Emergency children's shelter" means a facility that operates to receive children 24 hours a day and that limits placement to 90 consecutive days or less. For purposes of this section, the definition of "children" includes a person under 21 years of age. "Emergency children's shelter" does not mean a family foster home or specialized children's home. If emergency shelter is a service provided by a children's residential care facility, the service is restricted to a designated physical area of the facility. [PL 2021, c. 98, §1 (AMD).]

3. Family foster home. "Family foster home" means a children's home, other than an Indian foster family home, that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour a day, residential basis. The total number of children in care may not exceed 6, including the family's legal children under 16 years of age, with no more than 2 of these children under the age of 2. "Family foster home" includes the home of a resource family whether the family provides foster care, kinship care, adoption or permanency guardianship services, as long as the home meets the requirements and standards for adoption of children in foster care. Family foster homes licensed by the Department of Health and Human Services or relatives' homes approved by the Department of Health and Human Services as meeting licensing standards are eligible for insurance pursuant to Title 5, section 1728‑A . In any action for damages against a family foster home provider insured pursuant to Title 5, section 1728‑A , for damages covered under that policy, the claim for and award of those damages, including costs and interest, may not exceed $300,000 for any and all claims arising out of a single occurrence. When the amount awarded to or settled for multiple claimants exceeds the limit imposed by this section, any party may apply to the Superior Court for the county in which the governmental entity is located to allocate to each claimant that claimant's equitable share of the total, limited as required by this section. Any award by the court in excess of the maximum liability limit must be automatically abated by operation of this section to the maximum limit of liability. Nothing in this subsection may be deemed to make the operation of a family foster home a state activity nor may it expand in any way the liability of the State or foster parent. [PL 2011, c. 187, §1 (AMD).]

3-A. Indian foster family home. "Indian foster family home" means a foster home licensed, approved or specified by the Indian child's tribe where substitute parental care is provided for an Indian child as defined in the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901, et seq. or the Maine Indian Child Welfare Act, section 3943, subsection 8. [PL 2023, c. 359, §9 (AMD).]

4. Children's residential care facility. "Children's residential care facility" means a children's facility that provides board and care for one or more children on a regular, 24-hour a day, residential basis. For purposes of this section, the definition of "children" includes a person under 21 years of age. A children's residential care facility does not mean a family foster home, a specialized children's home or an emergency children's shelter. The term includes, but is not limited to: A. [PL 2007, c. 324, §13 (RP).] B. An approved treatment facility under Title 5, section 20003, subsection 3 ; [PL 2007, c. 324, §13 (AMD).] C. A drug treatment center under section 8001 ; [PL 2013, c. 179, §7 (AMD).] D. [PL 2007, c. 324, §13 (RP).] E. A residential facility under Title 34‑B, section 1431 ; and [PL 2013, c. 179, §7 (AMD).] F. A children's residential treatment facility with secure capacity. [PL 2013, c. 179, §7 (NEW).] [PL 2013, c. 179, §7 (AMD).]

4-A. Shelter for homeless children. "Shelter for homeless children" means a facility designed to provide for the overnight lodging and supervision of children 10 years of age or older for no more than 90 consecutive overnights. For purposes of this section, the definition of "children" includes a person under 21 years of age. [PL 2021, c. 98, §2 (AMD).]

4-B. Children's residential treatment facility with secure capacity. "Children's residential treatment facility with secure capacity" means a children's residential care facility that provides a mental health intensive treatment program to a child whose diagnostic assessment indicates that the persistent pattern of the child's mental health presents a likely threat of harm to self or others and requires treatment in a setting that prevents the child from leaving the program. For purposes of this section, the definition of "children" includes a person under 21 years of age. [PL 2013, c. 179, §7 (AMD).]

5. Specialized children's home. "Specialized children's home" means a children's home where care is provided to no more than 4 children who are moderately to severely disabled by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed. The total number of children in a specialized children's home may not exceed 4, including the caretaker's legal children under 16 years of age, with no more than 2 children under the age of 2. [PL 2021, c. 348, §32 (AMD).]

6. Transitional living program. "Transitional living program" means a children's home that provides board and care for up to 10 children and may provide one or more services described in section 4099-E. For the purposes of this subsection, "children" means persons under 21 years of age. [PL 2023, c. 39, §2 (NEW).]
22 M.R.S. § 2064 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2064
22 §2064. Rents and charges
Status: in_force

The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each project and to contract with a person, partnership, association or corporation, or other body, public or private, in respect of rates, rents, fees and charges. Such rates, rents, fees and charges must be fixed and adjusted in respect of the aggregate of rates, rents, fees and charges from such project so as to provide funds sufficient with other revenues or money available for the project, if any, to pay the cost of maintaining, repairing and operating the project and each and every portion of the project, to the extent that the payment of such cost has not otherwise been adequately provided for, to pay the principal of and the interest on outstanding bonds or notes of the authority issued in respect of such project as the same become due and payable, and to create and maintain reserves required or provided for in a resolution authorizing, or trust agreement securing, such bonds or notes of the authority. Such rates, rents, fees and charges are not subject to supervision or regulation by a department, commission, board, body, bureau or agency of this State other than the authority. A sufficient amount of the revenues derived in respect of a project, except such part of such revenues as may be necessary to pay the cost of maintenance, repair and operation and to provide reserves and for renewals, replacements, extensions, enlargements and improvements as may be provided for in the resolution authorizing the issuance of bonds or notes of the authority or in the trust agreement securing the same, must be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund that is pledged to, and charged with, the payment of the principal of and the interest on such bonds or notes as the same become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge is valid and binding from the time when the pledge is made; the rates, rents, fees and charges and other revenues or other money so pledged and later received by the authority are immediately subject to the lien of such pledge without any physical delivery of the revenues or money or further act, and the lien of any such pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice of the lien. Neither the resolution nor a trust agreement nor any other agreement nor any lease by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of money to the credit of such sinking or other similar fund are subject to the resolution authorizing the issuance of such bonds or notes or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking or other similar fund may be a fund for all such bonds or notes issued to finance projects at a particular participating health care facility, participating institution for higher education or participating institution providing an educational program without distinction or priority of one over another, provided the authority in any such resolution or trust agreement may provide that such sinking or other similar fund is the fund for a particular project at a participating health care facility, participating institution for higher education or participating institution providing an educational program and for the bonds issued to finance a particular project and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security authorized in this chapter to other bonds of the authority, and, in such case, the authority may create separate sinking or other similar funds in respect of such subordinate lien bonds. [PL 2007, c. 354, §23 (AMD).]
22 M.R.S. § 2673 — ME Code / Title 22 / Subtitle 2 / Chapter 602-A / Section 2673
22 §2673. Action against health care practitioner or health care provider license prohibited
Status: in_force

A licensing board may not revoke, refuse to renew or suspend the license of or take any action against a health care practitioner as defined in Title 24, section 2502, subsection 1-A based solely on the health care practitioner's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device, as long as the recommendations are consistent with medical standards of care. [PL 2015, c. 418, §1 (NEW).]

The licensing agency may not revoke, refuse to renew or suspend the license of or take any action against a health care provider as defined in Title 24, section 2502, subsection 2 based solely on the health care provider’s involvement in the care of an eligible patient using an investigational drug, biological product or device. [PL 2015, c. 418, §1 (NEW).]
22 M.R.S. § 4245 — ME Code / Title 22 / Subtitle 3 / Chapter 1153 / Section 4245
22 §4245. Authority to enter into agreements
Status: in_force

The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to the 2nd paragraph of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the Commissioner of Health and Human Services in the case of the State and of the chief local fiscal officer in the case of a subdivision of the State. [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 1832 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1832
22 §1832. Safety and security in hospitals
Status: in_force

A hospital licensed under this chapter shall, on an annual basis, adopt a safety and security plan to protect the patients, visitors and employees of the hospital from aggressive and violent behavior. The safety and security plan must include a process for hospitals to receive and record incidents and threats of violent behavior occurring at or arising out of employment at the hospital. The safety and security plan must prohibit a representative or employee of the hospital from interfering with a person making a report as provided in the plan. [PL 2011, c. 254, §1 (NEW); PL 2011, c. 254, §2 (AFF).]
22 M.R.S. § 5407 — ME Code / Title 22 / Subtitle 4 / Chapter 1479 / Section 5407
22 §5407. Rulemaking
Status: in_force

The commissioner may adopt rules as necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted pursuant to this section must be consistent with the federal Affordable Care Act and state law. [PL 2019, c. 653, Pt. A, §1 (NEW).]
22 M.R.S. § 7267 — ME Code / Title 22 / Subtitle 4 / Chapter 1604 / Section 7267
22 §7267. Powers and duties of the interstate commission - Article 7
Status: in_force

The commission has the following powers and duties: [PL 2011, c. 217, §1 (NEW).]

1. Oversee and maintain technology infrastructure. To oversee and maintain the administration of the technology infrastructure; [PL 2011, c. 217, §1 (NEW).]

2. Promulgate rules; take all necessary actions to effect goals. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact, as long as no member state is required to create an advisory committee. The rules have the force and effect of statutory law and are binding in the member states to the extent and in the manner provided in this compact; [PL 2011, c. 217, §1 (NEW).]

3. Establish process for notification of changes to state law or policies. To establish a process for a member state to notify the commission of changes to that member state's prescription monitoring program statutes, regulations or policies. This subsection applies only to changes that affect the administration of the compact; [PL 2011, c. 217, §1 (NEW).]

4. Issue advisory opinions. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the compact and the commission's bylaws, rules and actions; [PL 2011, c. 217, §1 (NEW).]

5. Enforce compliance with compact provisions. To enforce compliance with the compact provisions, the rules promulgated by the interstate commission and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process; [PL 2011, c. 217, §1 (NEW).]

6. Establish and maintain offices. To establish and maintain one or more offices; [PL 2011, c. 217, §1 (NEW).]

7. Purchase and maintain insurance and bonds. To purchase and maintain insurance and bonds; [PL 2011, c. 217, §1 (NEW).]

8. Provide for personnel or services. To borrow, accept, hire or contract for personnel or services; [PL 2011, c. 217, §1 (NEW).]

9. Establish and appoint committees. To establish and appoint committees including but not limited to an executive committee as required by section 7266, subsection 7 ; [PL 2011, c. 217, §1 (NEW).]

10. Appoint officers, employees and agents. To elect or appoint officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel; [PL 2011, c. 217, §1 (NEW).]

11. Seek and accept donations. To seek and accept donations and grants of money, equipment, supplies, materials and services and to use or dispose of them; [PL 2011, c. 217, §1 (NEW).]

12. Own or lease property. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any real, personal or mixed property; [PL 2011, c. 217, §1 (NEW).]

13. Sell or exchange property. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any real, personal or mixed property; [PL 2011, c. 217, §1 (NEW).]

14. Establish budget. To establish a budget and make expenditures; [PL 2011, c. 217, §1 (NEW).]

15. Adopt seal and bylaws. To adopt a seal and bylaws governing the management and operation of the interstate commission; [PL 2011, c. 217, §1 (NEW).]

16. Report. To report annually to the legislatures, governors and attorneys general of the member states concerning the activities of the interstate commission during the preceding year. These reports must also include any recommendations that may have been adopted by the interstate commission and must be made publicly available; [PL 2011, c. 217, §1 (NEW).]

17. Coordinate education. To coordinate education, training and public awareness regarding the compact and its implementation and operation; [PL 2011, c. 217, §1 (NEW).]

18. Maintain books and records. To maintain books and records in accordance with the bylaws; [PL 2011, c. 217, §1 (NEW).]

19. Perform necessary or appropriate functions. To perform such functions as may be necessary or appropriate to achieve the purposes of the compact; and [PL 2011, c. 217, §1 (NEW).]

20. Provide for dispute resolution. To provide for dispute resolution among member states. [PL 2011, c. 217, §1 (NEW).]
22 M.R.S. § 1066 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1066
22 §1066. Universal Childhood Immunization Program (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 7/01/26)

1. Program established. The Universal Immunization Program is established to provide all individuals in the State with access to a uniform set of vaccines as determined and periodically updated by the Maine Vaccine Board. The program is administered by the department for the purposes of expanding access to immunizations against all diseases as recommended by the federal Department of Health and Human Services, Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, optimizing public and private resources and lowering the cost of providing immunizations to individuals in the State. The program is overseen by the Maine Vaccine Board. [PL 2025, c. 440, §2 (AMD); PL 2025, c. 440, §17 (AFF).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advisory committee" means the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, Centers for Disease Control and Prevention or its successor organization. [PL 2009, c. 595, §2 (NEW).] A-1. "AAF" means an assessment adjustment factor to adjust for variations between health insurance carriers to maintain equity in assessment allocations among assessed entities. [PL 2025, c. 440, §3 (NEW); PL 2025, c. 440, §17 (AFF).] B. "Assessed entity" means a health insurance carrier or a 3rd-party administrator registered under Title 24‑A . [PL 2009, c. 652, Pt. E, §1 (AMD); PL 2009, c. 652, Pt. E, §3 (AFF).] C. "Board" means the Maine Vaccine Board established in subsection 3 . [PL 2009, c. 595, §2 (NEW).] D. [PL 2025, c. 440, §4 (RP); PL 2025, c. 440, §17 (AFF).] E. "Covered life months" means the number of months during a calendar year that a person is covered under a health insurance plan provided or administered by an assessed entity. [PL 2009, c. 652, Pt. E, §2 (AMD); PL 2009, c. 652, Pt. E, §3 (AFF).] F. "Fund" means the Immunization Fund established in subsection 7. [PL 2025, c. 440, §5 (AMD); PL 2025, c. 440, §17 (AFF).] G. "Health insurance carrier" means: (1) An insurance company licensed in accordance with Title 24‑A to provide health insurance; (2) A health maintenance organization licensed pursuant to Title 24‑A, chapter 56 ; (3) A preferred provider arrangement administrator registered pursuant to Title 24‑A, chapter 32 ; (4) A fraternal benefit society as defined in Title 24‑A, section 4101 ; (5) A nonprofit hospital or medical service organization or health plan licensed pursuant to Title 24 ; (6) A multiple-employer welfare arrangement approved by the superintendent under Title 24‑A, section 6603 ; or (7) A self-insured employer subject to state regulation as described in Title 24‑A, section 2848‑A . [PL 2009, c. 595, §2 (NEW).] G-1. "Individual" means a person who resides in the State. [PL 2025, c. 440, §6 (NEW); PL 2025, c. 440, §17 (AFF).] H. "New vaccine" means a vaccine recommended by the advisory committee for which an initial federal contract price is established by the United States Department of Health and Human Services, Centers for Disease Control and Prevention between October 1st and July 1st. [PL 2009, c. 595, §2 (NEW).] I. "Program" means the Universal Immunization Program established in subsection 1. [PL 2025, c. 440, §7 (AMD); PL 2025, c. 440, §17 (AFF).] J. "Provider" means a person licensed by this State to provide health care services to individuals or a partnership or corporation made up of those persons. [PL 2009, c. 595, §2 (NEW).] K. "Service agent" means a person or entity qualified by good business reputation, training, education and experience to administer the fund and perform responsibilities assigned by the board. A service agent must hold all licenses, registrations and permits required to engage in activities or undertake responsibilities assigned by the board. [PL 2009, c. 595, §2 (NEW).] L(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/01/26)

1. Program established. The Universal Childhood Immunization Program is established to provide all children from birth until 19 years of age in the State with access to a uniform set of vaccines as determined and periodically updated by the Maine Vaccine Board. The program is administered by the department for the purposes of expanding access to immunizations against all diseases as recommended by the federal Department of Health and Human Services, Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, optimizing public and private resources and lowering the cost of providing immunizations to children. The program is overseen by the Maine Vaccine Board. [PL 2009, c. 595, §2 (NEW).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advisory committee" means the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, Centers for Disease Control and Prevention or its successor organization. [PL 2009, c. 595, §2 (NEW).] B. "Assessed entity" means a health insurance carrier or a 3rd-party administrator registered under Title 24‑A . [PL 2009, c. 652, Pt. E, §1 (AMD); PL 2009, c. 652, Pt. E, §3 (AFF).] C. "Board" means the Maine Vaccine Board established in subsection 3 . [PL 2009, c. 595, §2 (NEW).] D. "Child" means a person who has not attained 19 years of age and who resides in the State. [PL 2009, c. 595, §2 (NEW).] E. "Covered life months" means the number of months during a calendar year that a person is covered under a health insurance plan provided or administered by an assessed entity. [PL 2009, c. 652, Pt. E, §2 (AMD); PL 2009, c. 652, Pt. E, §3 (AFF).] F. "Fund" means the Childhood Immunization Fund established in subsection 7 . [PL 2009, c. 595, §2 (NEW).] G. "Health insurance carrier" means: (1) An insurance company licensed in accordance with Title 24‑A to provide health insurance; (2) A health maintenance organization licensed pursuant to Title 24‑A, chapter 56 ; (3) A preferred provider arrangement administrator registered pursuant to Title 24‑A, chapter 32 ; (4) A fraternal benefit society as defined in Title 24‑A, section 4101 ; (5) A nonprofit hospital or medical service organization or health plan licensed pursuant to Title 24 ; (6) A multiple-employer welfare arrangement approved by the superintendent under Title 24‑A, section 6603 ; or (7) A self-insured employer subject to state regulation as described in Title 24‑A, section 2848‑A . [PL 2009, c. 595, §2 (NEW).] H. "New vaccine" means a vaccine recommended by the advisory committee for which an initial federal contract price is established by the United States Department of Health and Human Services, Centers for Disease Control and Prevention between October 1st and July 1st. [PL 2009, c. 595, §2 (NEW).] I. "Program" means the Universal Childhood Immunization Program established in subsection 1 . [PL 2009, c. 595, §2 (NEW).] J. "Provider" means a person licensed by this State to provide health care services to individuals or a partnership or corporation made up of those persons. [PL 2009, c. 595, §2 (NEW).] K. "Service agent" means a person or entity qualified by good business reputation, training, education and experience to administer the fund and perform responsibilities assigned by the board. A service agent must hold all licenses, registrations and permits required to engage in activities or undertake responsibilities assigned by the board. [PL 2009, c. 595, §2 (NEW).] L. "Superintendent" means the Superintendent of Insurance. [PL 2009, c. 595, §2 (NEW).] M. "Total costs of the fund" means the costs of vaccines provided under the program to children projected to be covered by assessed entities during the succeeding program year and the annual operating expenses of the board, including costs the board may incur for staff, a service agent, legal representation, administrative support services and other expenses approved by the board. [PL 2009, c. 595, §2 (NEW).] [PL 2009, c. 652, Pt. E, §§1, 2 (AMD); PL 2009, c. 652, Pt. E, §3 (AFF).]

3. Maine Vaccine Board. The Maine Vaccine Board is established pursuant to this subsection to oversee the program. A. The board consists of 9 members. (1) The commissioner shall serve as an ex officio, nonvoting member. (3) The Governor shall appoint 8 members, as follows: (a) Three representatives of health insurance carriers, appointed from a list of nominees submitted by a statewide association of health insurance carriers; (b) Three representatives of providers in the State, appointed from lists of nominees submitted by statewide associations of providers, including associations of primary care providers, allopathic and osteopathic physicians, nurse practitioners and persons with expertise in public health; (c) A representative of employers that self-insure for health coverage, appointed from lists of nominees submitted by statewide associations of employers; and (d) A representative of the pharmaceutical manufacturing industry, appointed from a list of nominees submitted by a statewide association of pharmaceutical manufacturers. [PL 2017, c. 7, §1 (AMD).] B. With the exception of the representative of the pharmaceutical manufacturing industry, who serves a one-year term, the term of an appointed member to the board is 3 years. All members, with the exception of the representative of the pharmaceutical manufacturing industry, may serve successive terms. A member whose term has expired may serve until the appointment of the member's successor. [PL 2009, c. 595, §2 (NEW).] C. The board shall elect a chair from among its members to serve a 2-year term or for the duration of that person's term. The chair may serve successive terms. Five voting members constitute a quorum. Decisions of the board require the affirmative vote of 5 members. [PL 2009, c. 595, §2 (NEW).] D. The board shall meet 4 times per year and when a meeting is called by the chair and shall oversee the fund and program and adopt policies and procedures to administer the program and the fund. [PL 2009, c. 595, §2 (NEW).] E. By January 1, 2011 and annually thereafter, the board shall determine the list of vaccines to be made available by the program during the succeeding program year beginning July 1st. In making its determination, the board shall consider: (1) Vaccines recommended by the advisory committee that are available under contract with the United States Department of Health and Human Services, Centers for Disease Control and Prevention; (2) Recommendations of the department, based on the department's review of the advisory committee recommendations; and (3) Clinical and cost-benefit analyses. The board shall review new vaccines and update the list of vaccines to be made available through the program on a timely basis in accordance with the considerations described in this paragraph. [PL 2009, c. 595, §2 (NEW).] F2009, c. 595, §2 (NEW).] K. "Service agent" means a person or entity qualified by good business reputation, training, education and experience to administer the fund and perform responsibilities assigned by the board. A service agent must hold all licenses, registrations and permits required to engage in activities or undertake responsibilities assigned by the board. [PL 2009, c. 595, §2 (NEW).] L. "Superintendent" means the Superintendent of Insurance. [PL 2009, c. 595, §2 (NEW).] M. "Total costs of the fund" means the costs of vaccines provided under the program to individuals projected to be covered by assessed entities during the succeeding program year and the annual operating expenses of the board, including costs the board may incur for staff, a service agent, legal representation, administrative support services and other expenses approved by the board. [PL 2025, c. 440, §8 (AMD); PL 2025, c. 440, §17 (AFF).] [PL 2025, c. 440, §§3-8 (AMD); PL 2025, c. 440, §17 (AFF).]

3. Maine Vaccine Board. The Maine Vaccine Board is established pursuant to this subsection to oversee the program. A. The board consists of 9 members. (1) The commissioner shall serve as an ex officio, nonvoting member. (3) The Governor shall appoint 8 members, as follows: (a) Three representatives of health insurance carriers, appointed from a list of nominees submitted by a statewide association of health insurance carriers; (b) Three representatives of providers in the State, appointed from lists of nominees submitted by statewide associations of providers, including associations of primary care providers, allopathic and osteopathic physicians, nurse practitioners and persons with expertise in public health; (c) A representative of employers that self-insure for health coverage, appointed from lists of nominees submitted by statewide associations of employers; and (d) A representative of the pharmaceutical manufacturing industry, appointed from a list of nominees submitted by a statewide association of pharmaceutical manufacturers. [PL 2017, c. 7, §1 (AMD).] B. The term of an appointed member to the board is 3 years. All members, with the exception of the representative of the pharmaceutical manufacturing industry, may serve successive terms. A member whose term has expired may serve until the appointment of the member's successor. [PL 2025, c. 440, §9 (AMD); PL 2025, c. 440, §17 (AFF).] C. The board shall elect a chair from among its members to serve a 2-year term or for the duration of that person's term. The chair may serve successive terms. Five voting members constitute a quorum. Decisions of the board require the affirmative vote of 5 members. [PL 2009, c. 595, §2 (NEW).] D. The board shall meet not fewer than 2 times per year and when a meeting is called by the chair and shall oversee the fund and program and adopt policies and procedures to administer the program and the fund. [PL 2025, c. 440, §10 (AMD); PL 2025, c. 440, §17 (AFF).] E. By January 1, 2011 and annually thereafter, the board shall determine the list of vaccines to be made available by the program during the succeeding program year beginning July 1st. In making its determination, the board shall consider: (1) Vaccines that are available under contract with the United States Department of Health and Human Services, Centers for Disease Control and Prevention, by direct manufacturer purchase, through the Minnesota Multistate Contracting Alliance for Pharmacy or a successor organization or by any other low-cost bulk purchase option; (2) Recommendations of the department; and (3) Clinical and cost-benefit analyses. The board shall review new vaccines and update the list of vaccines to be made available through the program on a timely basis in accordance with the considerations described in this paragraph. [PL 2025, c. 440, §11 (AMD); PL 2025, c. 440, §17 (AFF).] F. The board shall contract for staff, administrative support services and, if necessary, legal representation; review financial, cost and other information about the program annually or more often as determined by the chair; and pay the costs of the service agent under subsection 9 , legal representation and contracted services from the fund. [PL 2009, c. 595, §2 (NEW).] [PL 2025, c. 440, §§9-11 (AMD); PL 2025, c. 440, §17 (AFF).]

4. Program requirements. The program shall make available to providers vaccines as determined by the board pursuant to subsection 3, paragraph E . [PL 2009, c. 595, §2 (NEW).]

5. Assessments. By January 1, 2011 and annually thereafter, the board shall determine one or more assessments for each assessed entity in accordance with this subsection. The board shall provide a mechanism to protect against duplicate counting of individuals. The board may conduct an audit of the number of covered life months for individuals as reported by an assessed entity. An assessment determination made pursuant to this subsection is an adjudicatory proceeding within the meaning of Title 5, chapter 375, subchapter 4 . A. In determining the amount of the assessment, the board shall, as it determines appropriate following a public hearing, establish one or more subfunds by age and coverage type and, for each subfund: (1) Determine the total costs of the subfund for the succeeding program year; (2) Add a reserve of up to 10% of the total costs of the subfund under subparagraph (1) for unanticipated costs associated with providing vaccines to individuals covered by the assessed entity; (2-A) Add an administrative allowance for the department of up to 10% of the total costs of the subfund; (3) Subtract the amount of any unexpended assessments collected in the preceding year and any unexpended interest accrued to the subfund during the preceding year; and (4) Calculate the assessment on a monthly basis per individual to be paid by an assessed entity by dividing the amount determined in accordance with subparagraphs (1), (2), (2-A) and (3) by the number of individuals projected to be covered by the assessed entity during the succeeding program year divided by 12. [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).] B. The board shall provide the assessed entity with notice of the assessment amount for each subfund established pursuant to paragraph A for the succeeding program year no later than January 1, 2011 and annually thereafter. [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).] C. Beginning July 1, 2025, the assessment must be paid on a quarterly basis as follows: (1) An assessed entity shall pay a quarterly assessment for each subfund established pursuant to paragraph A equal to the monthly assessment rate per individual as described under paragraph A, subparagraph (4) multiplied by the number of individual member months covered by the assessed entity in the preceding calendar quarter; and (2) The assessment must be paid within 45 days following the close of the calendar quarter. [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).] D. After the close of a program year, the board shall reconcile the total assessments paid by assessed entities, including interim assessments determined under paragraph E, with the actual costs of vaccines provided under the program to individuals covered by assessed entities during that program year and the annual operating expenses of the program during that program yearand Prevention; (2) Recommendations of the department, based on the department's review of the advisory committee recommendations; and (3) Clinical and cost-benefit analyses. The board shall review new vaccines and update the list of vaccines to be made available through the program on a timely basis in accordance with the considerations described in this paragraph. [PL 2009, c. 595, §2 (NEW).] F. The board shall contract for staff, administrative support services and, if necessary, legal representation; review financial, cost and other information about the program annually or more often as determined by the chair; and pay the costs of the service agent under subsection 9 , legal representation and contracted services from the fund. [PL 2009, c. 595, §2 (NEW).] [PL 2017, c. 7, §1 (AMD).]

4. Program requirements. The program shall make available to providers vaccines as determined by the board pursuant to subsection 3, paragraph E . [PL 2009, c. 595, §2 (NEW).]

5. Assessments. By January 1, 2011 and annually thereafter, the board shall determine an assessment for each assessed entity in accordance with this subsection. The board shall provide a mechanism to protect against duplicate counting of children. The board may conduct an audit of the number of covered life months for children as reported by an assessed entity. An assessment determination made pursuant to this subsection is an adjudicatory proceeding within the meaning of Title 5, chapter 375, subchapter 4 . A. In determining the amount of the assessment, the board shall: (1) Determine the total costs of the fund for the succeeding program year; (2) Add a reserve of up to 10% of the total costs of the fund under subparagraph (1) for unanticipated costs associated with providing vaccines to children covered by the assessed entity; (3) Subtract the amount of any unexpended assessments collected in the preceding year and any unexpended interest accrued to the fund during the preceding year; and (4) Calculate the assessment on a monthly basis per child to be paid by an assessed entity by dividing the amount determined in accordance with subparagraphs (1), (2) and (3) by the number of children projected to be covered by the assessed entity during the succeeding program year divided by 12. [PL 2009, c. 595, §2 (NEW).] B. The board shall provide the assessed entity with notice of the assessment amount for the succeeding program year no later than January 1, 2011 and annually thereafter. [PL 2009, c. 595, §2 (NEW).] C. Beginning July 1, 2011, the assessment must be paid on a quarterly basis as follows: (1) An assessed entity shall pay a quarterly assessment equal to the monthly assessment rate per child as described under paragraph A , subparagraph (4) multiplied by the number of child member months covered by the assessed entity in the preceding calendar quarter; and (2) The assessment must be paid within 45 days following the close of the calendar quarter. [PL 2009, c. 595, §2 (NEW).] D. After the close of a program year, the board shall reconcile the total assessments paid by assessed entities, including interim assessments determined under paragraph E , with the actual costs of vaccines provided under the program to children covered by assessed entities during that program year and the annual operating expenses of the program during that program year. Any unexpended assessments must be used to reduce the assessment in the succeeding program year as required under paragraph A , subparagraph (3). [PL 2009, c. 595, §2 (NEW).] E. The board may determine an interim assessment for new vaccines that the board has made available through the program pursuant to subsection 3, paragraph E . The board shall calculate the interim assessment in accordance with paragraph A , and the interim assessment is payable the calendar quarter that begins no less than 30 days following the establishment of the federal contract price. The board may not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with state or federal law. [PL 2009, c. 595, §2 (NEW).] F. If the combination of funding available from the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Vaccines for Children Program and the immunization grant program under the federal Public Health Service Act, Section 1928 of the Social Security Act, 42 United States Code, Section 1396s is insufficient to provide coverage for vaccines for the children who qualify for vaccines under the Vaccines for Children Program, money from the fund may not be used to cover the cost of vaccines for children who would otherwise be provided vaccines under the Vaccines for Children Program. [PL 2009, c. 595, §2 (NEW).] G. If the assessments under this subsection are insufficient to cover the cost of vaccines to be provided to children covered by assessed entities, the State is not required to cover the cost of vaccines for those children. [PL 2009, c. 595, §2 (NEW).] [PL 2009, c. 595, §2 (NEW).]

6. Failure to pay assessment. If an assessment under subsection 5 is not paid on the due date established by the board, the provisions of this subsection apply. A. The board shall submit a report to the superintendent listing each assessed entity that has failed to pay an assessment under subsection 5 . [PL 2009, c. 595, §2 (NEW).] B. If an assessed entity has not paid an assessment under subsection 5 within 45 days following the close of the calendar quarter, interest accrues at 12% per annum on or after the due date. Interest paid under this paragraph must be deposited into the fund. Upon application, the board may waive such interest payments for good cause shown. [PL 2009, c. 595, §2 (NEW).] The superintendent may take any action authorized under Title 24‑A to enforce collection of any unpaid assessment or fine and may impose any penalty authorized under Title 24‑A for noncompliance with this section if the assessed entity has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this subsection. [PL 2009, c. 595, §2 (NEW).]

7. Fund. The Childhood Immunization Fund is established for the sole purpose of funding the program, including any costs of vaccines provided under the program to children and any costs the board may incur for staff, a service agent, administrative support services, legal representation and contracted services. The fund is administered by the board or the service agent, which shall act as a fiduciary and manage and invest the fund in conformance with prudent investor standards and maintain complete records of all assets, investments, deposits, disbursements and other transactions of the fund. All money and securities in the fund must be held in trust by the Treasurer of State for the purpose of making payments under this section and are not money or property for the general use of the State. The Treasurer of State is the custodian of the fund and may make disbursements only upon written direction from the board or the service agent. All assessments collected pursuant to this section, all interest on the balance in the fund and all income from any other source must be deposited into the fund. The fund does not lapse. No portion of the fund may be used to subsidize other programs or budgets. [PL 2009, c. 595, §2 (NEW).]25, c. 440, §17 (AFF).] D. After the close of a program year, the board shall reconcile the total assessments paid by assessed entities, including interim assessments determined under paragraph E, with the actual costs of vaccines provided under the program to individuals covered by assessed entities during that program year and the annual operating expenses of the program during that program year. Any unexpended assessments must be used to reduce the assessment for the respective subfund established pursuant to paragraph A in the succeeding program year as required under paragraph A, subparagraph (3). [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).] E. The board may determine an interim assessment for new vaccines that the board has made available through the program pursuant to subsection 3, paragraph E. The board shall calculate the interim assessment in accordance with paragraph A, and the interim assessment is payable the calendar quarter that begins no less than 30 days following the establishment of the federal contract price. The board may not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with state or federal law. [PL 2009, c. 595, §2 (NEW).] F. If the combination of funding available from the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Vaccines for Children Program and the immunization grant program under the federal Public Health Service Act, Section 1928 of the Social Security Act, 42 United States Code, Section 1396s is insufficient to provide coverage for vaccines for the children who qualify for vaccines under the Vaccines for Children Program, money from the fund may not be used to cover the cost of vaccines for children who would otherwise be provided vaccines under the Vaccines for Children Program. [PL 2009, c. 595, §2 (NEW).] G. If the assessments under this subsection are insufficient to cover the cost of vaccines to be provided to individuals covered by assessed entities, the State is not required to cover the cost of vaccines for those individuals. [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).] H. For any subfund established pursuant to paragraph A after June 2025, after one year of operation and until discontinued by a 2/3 vote of the board determining that the adjustments described in this paragraph are not needed to maintain equity in assessment allocations among assessed entities, the following apply: (1) Annually, assessed entities shall supply such data as may be determined by the board to be necessary for the purposes of this subsection and reasonably convenient for the assessed entities to supply in order to enable the calculations of the AAF for each entity, to multiply by the otherwise applicable assessment amount to adjust for variations between entities in the split between participating and nonparticipating providers in vaccine costs of that entity's covered individuals. The service agent shall compute the AAF annually for each entity based on supplied data; (2) Annually, AAF calculations must be completed during the first quarter of each calendar year; and (3) Each assessment amount otherwise calculated in accordance with this subsection must be multiplied by the AAF for the respective entity to compute the final assessment due. [PL 2025, c. 440, §12 (NEW); PL 2025, c. 440, §17 (AFF).] [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).]odian of the fund and may make disbursements only upon written direction from the board or the service agent. All assessments collected pursuant to this section, all interest on the balance in the fund and all income from any other source must be deposited into the fund. The fund does not lapse. No portion of the fund may be used to subsidize other programs or budgets. [PL 2009, c. 595, §2 (NEW).]

8. Reporting. By January 15th of each year the board shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the program, the progress of the program in expanding access to immunizations for children and the assets, investments and expenditures of the fund. [PL 2009, c. 595, §2 (NEW).]

9. Service agent. The board, by written contract, may delegate administration of the fund to a service agent. The service agent: A. May contract with attorneys acceptable to the board for legal representation for the board; [PL 2009, c. 595, §2 (NEW).] B. May levy assessments, institute collection procedures, including legal action if necessary, and deposit money in the fund with the Treasurer of State if those funds are not needed to meet immediate cash flow demands; and [PL 2009, c. 595, §2 (NEW).] C. Shall make recommendations to the board regarding policies, rules and standards necessary for the proper administration of the fund. [PL 2009, c. 595, §2 (NEW).] [PL 2009, c. 595, §2 (NEW).]

10. Freedom from liability. There is no liability on the part of, and a cause of action may not arise against, a member of the board for any acts or omissions in the performance of the member's duties under this section. This immunity does not extend to willful neglect or malfeasance that would otherwise be actionable. [PL 2009, c. 595, §2 (NEW).]

11. Rules. The department and the board shall jointly adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 595, §2 (NEW).]d data; (2) Annually, AAF calculations must be completed during the first quarter of each calendar year; and (3) Each assessment amount otherwise calculated in accordance with this subsection must be multiplied by the AAF for the respective entity to compute the final assessment due. [PL 2025, c. 440, §12 (NEW); PL 2025, c. 440, §17 (AFF).] [PL 2025, c. 440, §12 (AMD); PL 2025, c. 440, §17 (AFF).]

6. Failure to pay assessment. If an assessment under subsection 5 is not paid on the due date established by the board, the provisions of this subsection apply. A. The board shall submit a report to the superintendent listing each assessed entity that has failed to pay an assessment under subsection 5 . [PL 2009, c. 595, §2 (NEW).] B. If an assessed entity has not paid an assessment under subsection 5 within 45 days following the close of the calendar quarter, interest accrues at 12% per annum on or after the due date. Interest paid under this paragraph must be deposited into the fund. Upon application, the board may waive such interest payments for good cause shown. [PL 2009, c. 595, §2 (NEW).] The superintendent may take any action authorized under Title 24‑A to enforce collection of any unpaid assessment or fine and may impose any penalty authorized under Title 24‑A for noncompliance with this section if the assessed entity has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this subsection. [PL 2009, c. 595, §2 (NEW).]

7. Fund. The Immunization Fund is established for the sole purpose of funding the program, including any costs of vaccines provided under the program to individuals and any costs the board may incur for staff, a service agent, administrative support services, legal representation and contracted services. The fund is administered by the board or the service agent, which shall act as a fiduciary and manage and invest the fund in conformance with prudent investor standards and maintain complete records of all assets, investments, deposits, disbursements and other transactions of the fund. All money and securities in the fund must be held in trust by the Treasurer of State for the purpose of making payments under this section and are not money or property for the general use of the State. The Treasurer of State is the custodian of the fund and may make disbursements only upon written direction from the board or the service agent. All assessments collected pursuant to this section, all interest on the balance in the fund and all income from any other source must be deposited into the fund. The fund does not lapse. No portion of the fund may be used to subsidize other programs or budgets. [PL 2025, c. 440, §13 (AMD); PL 2025, c. 440, §17 (AFF).]

8. Reporting. By January 15th of each year, the board shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the program, the progress of the program in expanding access to immunizations for individuals and the assets, investments and expenditures of the fund. [PL 2025, c. 440, §14 (AMD); PL 2025, c. 440, §17 (AFF).]

9. Service agent. The board, by written contract, may delegate administration of the fund to a service agent. The service agent: A. May contract with attorneys acceptable to the board for legal representation for the board; [PL 2009, c. 595, §2 (NEW).] B. May levy assessments, institute collection procedures, including legal action if necessary, and deposit money in the fund with the Treasurer of State if those funds are not needed to meet immediate cash flow demands; and [PL 2009, c. 595, §2 (NEW).] C. Shall make recommendations to the board regarding policies, rules and standards necessary for the proper administration of the fund. [PL 2009, c. 595, §2 (NEW).] [PL 2009, c. 595, §2 (NEW).]

10. Freedom from liability. There is no liability on the part of, and a cause of action may not arise against, a member of the board for any acts or omissions in the performance of the member's duties under this section. This immunity does not extend to willful neglect or malfeasance that would otherwise be actionable. [PL 2009, c. 595, §2 (NEW).]

11. Rules. The department and the board shall jointly adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 595, §2 (NEW).]
22 M.R.S. § 2145 — ME Code / Title 22 / Subtitle 2 / Chapter 419 / Section 2145
22 §2145. Standards
Status: in_force

Standards shall be developed as follows. [PL 1983, c. 570 (NEW).]

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

2. Variation in standards. Licensing standards may vary according to the varying means and methods of providing home health care services, but shall be consistent with the purpose and intent of this chapter. [PL 1983, c. 570 (NEW).]

3. Areas to be addressed. Home health care licensing standards shall address the following areas: A. General requirements; [PL 1983, c. 570 (NEW).] B. Qualifications for professional personnel; [PL 1983, c. 570 (NEW).] C. Qualifications for paraprofessional personnel; [PL 1983, c. 570 (NEW).] D. Treatment and services and their coordination; [PL 1983, c. 570 (NEW).] E. Supervision of professional and nonprofessional personnel; [PL 1983, c. 570 (NEW).] F. Organizational structure, including lines of authority; [PL 1983, c. 570 (NEW).] G. Clinic records; [PL 1983, c. 570 (NEW).] H. Business records; and [PL 1983, c. 570 (NEW).] I. Other aspects of home health care services that may be necessary to protect the public. [PL 1983, c. 570 (NEW).] [PL 1983, c. 570 (NEW).]

4. Review of standards. All standards shall be subject to review by the joint standing committee of the Legislature having jurisdiction over health and institutional services. [PL 1983, c. 570 (NEW).]
22 M.R.S. § 8002 — ME Code / Title 22 / Subtitle 6 / Chapter 1667 / Section 8002
22 §8002. Rules
Status: in_force

1. Rules promulgated. The commissioner shall promulgate rules for drug treatment centers, which shall include but need not be limited to rules pertaining to administration, staffing, number of residents, quality of treatment programs, health and safety of staff and residents, community relations, the administration of medication and licensing procedures. [PL 1977, c. 497, §5 (AMD).]

2. Public hearing. [PL 1977, c. 694, §378 (RP).]
22 M.R.S. § 1231 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1231
22 §1231. Blood sample for laboratory test
Status: in_force

Every physician attending a woman in the State by reason of her being pregnant during gestation shall in the case of every woman so attended take or cause to be taken, with her consent, a sample of blood of such woman, and submit such sample for a standard serological test for syphilis and Rh factors to a laboratory of the department or to a laboratory approved for these tests by the department. Such laboratory tests as are required by sections 1231 to 1234 must be made on request without charge by the department. [RR 2009, c. 2, §18 (COR).]