22 M.R.S. § 6103 — ME Code / Title 22 / Subtitle 4 / Chapter 1501 / Section 6103
22 §6103. Purpose
Status: in_force

To achieve this objective, it is the purpose of this Part: [RR 1991, c. 2, §85 (COR).]

1. To establish a state authorized and funded program to finance a portion of the expenditures for certain priority social services; [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

2. To appropriate funds primarily for contractual purchase of social services from private, nonprofit or public social agencies on the condition that they are earned or matched by other funds; [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

3. To provide social services to residents who do not qualify for social services paid for under national legislation, especially Titles IV or Title VI, or their successors or amendments or additions thereto, of the United States Social Security Act, as amended, and XVI of the Social Security Act or their successors; [P&SL 1975, c. 90, §C, §5 (AMD).]

4. To require the greater availability and more equitable distribution of certain priority social services throughout the State as a network of coordinated services in proportion to the need for such services in each part of the State; [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

5. To establish, through reorganization and reassignment of duties and functions, unified administration of state funded and federally funded social service programs so that the state operations will be integrated for programs which are similar in nature, client group or administration; [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

6. To require maximum coordination of programs and resources, especially full use of federal resources to the extent reasonably feasible within their limiting constraints, prior to obligation of state funds; and [P&SL 1973, c. 38, Pt. B, §1 (NEW).]

7. To require proper accounting of expenditures and maximum program accountability and evaluation for all social services funded by state revenues. [P&SL 1973, c. 38, Pt. B, §1 (NEW).]
22 M.R.S. § 3174-II — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-II
22 §3174-II. Relationship to federal Medicare program
Status: in_force

1. Authorization. To the extent permitted by federal law, with regard to the Medicare Part D benefit established in the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, the department may: A. Serve as an authorized representative for MaineCare members for the purpose of enrollment into a Medicare Part D plan; [PL 2005, c. 401, Pt. B, §1 (NEW).] B. Apply for Medicare Part D benefits and subsidies on behalf of MaineCare members; [PL 2005, c. 401, Pt. B, §1 (NEW).] C. Establish rules by which MaineCare members may opt out of the procedures under paragraphs A and B ; [PL 2005, c. 401, Pt. B, §1 (NEW).] D. At its discretion, file exceptions and appeals on behalf of MaineCare members who are beneficiaries under Medicare Part D. The department may identify a designee for this function; and [PL 2005, c. 401, Pt. B, §1 (NEW).] E. Identify objective criteria for evaluating Medicare Part D plans for the purposes of assisting or enrolling MaineCare members in Medicare Part D plans. [PL 2005, c. 401, Pt. B, §1 (NEW).] Revisor's Note: §3174-II. MaineCare Stabilization Fund (As enacted by PL 2005, c. 457, Pt. JJJ, §1 is REALLOCATED TO TITLE 22, SECTION 3174-KK) [PL 2005, c. 401, Pt. B, §1 (NEW).]
22 M.R.S. § 8103 — ME Code / Title 22 / Subtitle 6 / Chapter 1669 / Section 8103
22 §8103. Fire safety; inspections for children's homes
Status: in_force

1. Procedures. [PL 2003, c. 599, §10 (RP).]

1-A. Inspection required. Except as provided in subsection 2‑A , the department may not issue a license to operate to a children's home until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360 , 2391 or 2392 to make fire safety inspections. This statement must indicate that the children's home has complied with applicable fire safety provisions referred to in Title 25, section 2452 . [PL 2019, c. 444, §1 (AMD).]

2. Temporary license. [PL 2019, c. 444, §2 (RP).]

2-A. Family foster homes. Family foster homes are exempt from the inspection requirement in subsection 1‑A . The department shall inspect a family foster home prior to placing a foster child in the home. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A governing the fire and safety inspection of family foster homes. [PL 2019, c. 444, §3 (NEW).]

3. Fees. The department shall establish and pay reasonable fees to the Commissioner of Public Safety for each inspection required pursuant to subsection 1‑A . [PL 2003, c. 411, §1 (NEW).]

4. Requirements for facilities with 17 or more beds. A children's home that has a capacity of 17 or more beds must comply with the Life Safety Code of the National Fire Protection Association, Residential Board and Care Occupancies sections for large facilities as adopted by the Commissioner of Public Safety. [PL 2003, c. 411, §1 (NEW).]

5. Requirements for children's home with more than 3 but fewer than 17 beds. A children's home that has a capacity of more than 3 but fewer than 17 beds must comply with the Life Safety Code of the National Fire Protection Association, Residential Board and Care Occupancies sections for small facilities as adopted by the Commissioner of Public Safety. In addition, automatic emergency lights must be provided in the number and location required by the Commissioner of Public Safety. [PL 2003, c. 411, §1 (NEW).]

6. Requirements for children's home with 6 or fewer beds. Notwithstanding subsection 5 , the department may consider a children's home that has 6 or fewer residents, all of whom can evacuate the home without the assistance of another person in 3 minutes or less, to be in compliance with the one-family and 2-family dwelling requirements of the Life Safety Code of the National Fire Protection Association as adopted by the Commissioner of Public Safety. Facilities having 3 or fewer residents must meet the requirements of the one-family and 2-family dwelling chapter of the Life Safety Code of the National Fire Protection Association as adopted by the Commissioner of Public Safety. [PL 2003, c. 411, §1 (NEW).]

7. Local regulations. Nothing in this section prevents a locality from imposing requirements for children's homes more stringent than those required in this section. [PL 2003, c. 411, §1 (NEW).]
22 M.R.S. § 1830 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1830
22 §1830. Pharmaceutical services in nursing homes
Status: in_force

1. Notice. Each nursing home shall post a notice in a place within the nursing home where notices for residents are ordinarily posted stating that each resident has the right to obtain medication from a pharmacy of the resident's choice as provided in section 1826, subsection 1 . [PL 1991, c. 548, Pt. A, §18 (NEW).]
22 M.R.S. § 1711-A — ME Code / Title 22 / Subtitle 2 / Chapter 401 / Section 1711-A
22 §1711-A. Fees charged for records
Status: in_force

Whenever a health care practitioner defined in section 1711‑B furnishes in paper form requested copies of a patient's treatment record or a medical report or an addition to a treatment record or medical report to the patient or the patient's authorized representative, the charge for the copies or the report may not exceed the reasonable costs incurred by the health care practitioner in making and providing the copies or the report. The charge for the copies or the report may not exceed $5 for the first page and 45¢ for each additional page, up to a maximum of $250 for the entire treatment record or medical report. [PL 2013, c. 158, §3 (AMD).]

If a treatment record or medical report exists in a digital or electronic format, the health care practitioner shall provide an electronic copy of the treatment record or medical report if an electronic copy is requested and it is reasonably possible to provide it. The health care practitioner may assess as charges reasonable actual costs of staff time to create or copy the treatment record or medical report and the costs of necessary supplies and postage. Actual costs may not include a retrieval fee or the costs of new technology, maintenance of the electronic record system, data access or storage infrastructure. Charges assessed under this paragraph may not exceed $150. [PL 2013, c. 158, §3 (NEW).]
22 M.R.S. § 5322 — ME Code / Title 22 / Subtitle 4 / Chapter 1477 / Section 5322
22 §5322. Division responsibilities
Status: in_force

The division shall carry out the responsibilities of State Government related to planning and financing community services and community action agencies and shall administer state and federal community services programs and other block grants that may be available, including, but not limited to, the Community Services Block Grant. [PL 1995, c. 502, Pt. D, §14 (AMD).]
22 M.R.S. § 50 — ME Code / Title 22 / Subtitle 1 / Chapter 1 / Section 50
22 §50. Planning for long-term care services
Status: in_force

By January 15, 2021 and every 4 years thereafter the department, after input from interested parties, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the current allocation of resources for long-term care and the goals for allocation of those resources during the next 4 years. The report must be based on current and projected demographic data, current and projected consumer needs and recent or anticipated changes in methods of delivery of long-term care services and must include any action taken by the department, both at the state and federal level, to further these goals and any recommendations for action by the Legislature. The report must also include a description of the activities and any recommendations of the quality assurance review committee established pursuant to section 5107‑I . [PL 2019, c. 612, §1 (AMD).]
22 M.R.S. § 8601 — ME Code / Title 22 / Subtitle 6 / Chapter 1679 / Section 8601
22 §8601. Definition
Status: in_force

As used in this subtitle, the term "adult day care program" means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. [PL 1987, c. 389, §5 (NEW).]

The term does not include: [PL 1987, c. 389, §5 (NEW).]

1. Adult program. Any program for adults provided by a licensed residential facility; or [PL 1987, c. 389, §5 (NEW).]

2. Any day activity program. Any day activity program licensed by the department. [PL 1989, c. 502, Pt. A, §87 (AMD); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2604-A — ME Code / Title 22 / Subtitle 2 / Chapter 601 / Section 2604-A
22 §2604-A. Roadside springs
Status: in_force

A roadside spring is not a public water system if it does not serve an average of at least 25 individuals daily at least 60 days out of the year. [PL 2023, c. 524, §1 (AMD).]
22 M.R.S. § 1904 — ME Code / Title 22 / Subtitle 2 / Chapter 406 / Section 1904
22 §1904. Rules
Status: in_force

The commissioner is authorized and directed to adopt rules and establish programs to enable the department, either directly or under contractual arrangements with other organizations, to promptly implement this chapter. [PL 2019, c. 236, §5 (NEW).]
22 M.R.S. § 7402 — ME Code / Title 22 / Subtitle 5 / Chapter 1627 / Section 7402
22 §7402. Essential support worker reimbursement
Status: in_force

Services provided by essential support workers that are reimbursed by the department under the MaineCare program or another state-funded program must include in the reimbursement rate the following: [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

1. At least 125% of the minimum wage. An amount equal to at least 125% of the minimum wage established in Title 26, section 664, subsection 1 for the labor portion of the reimbursement rate. An increase to the minimum wage must be applied to the reimbursement rate at the time the increase takes place; and [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

2. Taxes and benefits. An amount necessary to reimburse the provider for taxes and benefits paid or costs incurred by the provider that are directly related to the reimbursed wage increase in subsection 1 . This amount must be adjusted whenever an increase to the minimum wage is applied to the reimbursement rate under subsection 1 . [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]

3. Effective date. This section takes effect January 1, 2022. [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
22 M.R.S. § 2073 — ME Code / Title 22 / Subtitle 2 / Chapter 413 / Section 2073
22 §2073. Act cumulative; no notice required
Status: in_force

Neither this chapter nor anything contained in this chapter is or shall be construed as a restriction or limitation upon any powers which the Maine Health and Higher Educational Facilities Authority might otherwise have under any laws of this State, and this chapter is cumulative of any such powers. This chapter does and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. Neither the making of contracts nor the issuance of bonds, notes, refunding bonds and other obligations pursuant to the provisions of this chapter need comply with the requirements of any other state law applicable to the making of contracts and the issuance of bonds, notes and other obligations, for the construction and acquisition of any project undertaken pursuant to this chapter. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this chapter. [PL 1979, c. 680, §22 (AMD).]
22 M.R.S. § 3872-A — ME Code / Title 22 / Subtitle 3 / Chapter 1057 / Section 3872-A
22 §3872-A. Child abuse and neglect prevention council's responsibilities
Status: in_force

1. Duties. A child abuse and neglect prevention council shall review existing data to assess and monitor the extent and causes of child abuse and neglect in its county and carry out the following activities: A. Coordinate services, utilizing community, state and federal resources to ensure that direct services are being provided to children and families, including education and support services; [PL 2009, c. 204, §5 (AMD).] B. Provide training to professionals who work directly with children and families; and [PL 2009, c. 204, §5 (AMD).] C. Provide education and awareness concerning child abuse and neglect and its prevention. [PL 1993, c. 142, §3 (NEW).] [PL 2009, c. 204, §5 (AMD).]
22 M.R.S. § 7303 — ME Code / Title 22 / Subtitle 5 / Chapter 1621 / Section 7303
22 §7303. Programs; rules
Status: in_force

1. Programs required. The department shall establish and administer, pursuant to this subtitle, programs of in-home and community support services for adults with long-term care needs, by itself or in cooperation with the Federal Government. An adult with long-term care needs, who applies for services under any such program, is entitled to receive the services, provided that the department has determined that the adult is eligible and provided that sufficient funds are available pursuant to this subtitle to pay for the services. [PL 1981, c. 511, §1 (NEW).]

2. Rules. The department shall promulgate such rules, including rules that specify the criteria to be used in ranking proposals, as may be necessary for the effective administration of any programs of in-home and community support services pursuant to this subtitle, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . In the development of such rules, the department shall consult with consumers, representatives of consumers or providers of in-home and community support services. [PL 1981, c. 511, §1 (NEW).]
22 M.R.S. § 1783 — ME Code / Title 22 / Subtitle 2 / Chapter 404 / Section 1783
22 §1783. Revocation or suspension of license after hearing
Status: in_force

When the Department of Health and Human Services believes a license should be suspended or revoked, it shall file a statement or complaint with the Distict Court Judge, designated in the Maine Administrative Procedure Act, Title 5, chapter 375 . A person aggrieved by the refusal of the department to issue a license may file a statement or complaint with the District Court Judge. [PL 1983, c. 459, §2 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]
22 M.R.S. § 2171 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2171
22 §2171. Licensing conditions
Status: in_force

Notwithstanding any other provisions of this chapter, the commissioner may issue a license required under section 2167 on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which the establishment is located, but only if the following conditions have been met. [PL 1979, c. 672, Pt. A, §58 (NEW).]

1. Adopted rules, regulations; code of standards. The municipality involved has adopted a set of rules and regulations, ordinances or other code of standards for the establishments, which has been approved by the commissioner and which is consistent with the regulations used by the commissioner for the issuance of the licenses in effect at the time of inspection. [PL 1979, c. 672, Pt. A, §58 (NEW).]

2. Inspection to ascertain intent. The commissioner may from time to time inspect the municipally-inspected establishments to ascertain that the intent of these statutes is being followed. [PL 1979, c. 672, Pt. A, §58 (NEW).]

3. Inspection reports. The municipalities shall furnish the commissioner copies of its inspection reports relating to the inspection on a monthly basis. [PL 1979, c. 672, Pt. A, §58 (NEW).]

4. Charge. Municipalities may not charge the commissioner for performing the inspections. [PL 1979, c. 672, Pt. A, §58 (NEW).]

5. License fee. When a license is issued on the basis of a municipal inspection as specified in this section, the requirement for payment of a license fee to the commissioner as set forth in section 2168 shall be waived. The licensee shall be required to pay the commissioner a sum not to exceed $5 to support the costs of mailing and handling. [PL 1979, c. 672, Pt. A, §58 (NEW).]

6. Licenses. Licenses issued under this section shall be displayed, renewed and in every other way treated the same as licenses issued under this subchapter on the basis of inspection by the commissioner. [PL 1979, c. 672, Pt. A, §58 (NEW).]
22 M.R.S. § 4302 — ME Code / Title 22 / Subtitle 3 / Chapter 1161 / Section 4302
22 §4302. Delegation of duties; oath; bond
Status: in_force

Overseers may authorize some person whom they shall designate to perform such of the duties imposed upon them by this chapter as they may determine. The overseers may designate more than one person to perform those duties. Before entering upon the performance of those duties, the person or persons so designated shall be sworn and shall give bond to the town for the faithful performance of those duties, in such sum and with such sureties as the overseers order. [PL 1983, c. 577, §1 (NEW).]
22 M.R.S. § 2174 — ME Code / Title 22 / Subtitle 2 / Chapter 551 / Section 2174
22 §2174. Sale of baked goods at farmers' markets
Status: in_force

Notwithstanding section 2156 and rules adopted under section 2153 , a person licensed under this subchapter and offering baked goods for sale at a farmers' market as defined in Title 7, section 415 may display and sell unpackaged baked goods in a manner that allows customers to directly select baked goods for purchase. For the purposes of this section, "baked goods" means breads, rolls, buns, flatbreads, cakes, cookies, pies and other pastries. [PL 2009, c. 547, §3 (NEW).]
22 M.R.S. § 9001 — ME Code / Title 22 / Subtitle 6 / Chapter 1689 / Section 9001
22 §9001. Definition
Status: in_force

For purposes of this chapter, "veterans' adult day health care program" or "program" means a therapeutically oriented outpatient day program that provides health maintenance and rehabilitative services to participants eligible for services under Title 37‑B, chapter 11 ; that provides individualized care delivered by an interdisciplinary health care team and support staff, with an emphasis on helping participants and their caregivers to develop the knowledge and skills necessary to manage care requirements in the program; and that is principally targeted for complex medical or functional needs of veterans and other eligible participants. "Veterans' adult day health care program" does not include a program for adults provided by a licensed residential facility, a day activity program licensed by the department or an adult day care program as defined in section 8601 . [PL 2011, c. 444, §1 (NEW).]
22 M.R.S. § 2885 — ME Code / Title 22 / Subtitle 2 / Chapter 709 / Section 2885
22 §2885. Enclosed from public view; carriers to obtain receipts
Status: in_force

The board established pursuant to section 2882 may employ a carrier or carriers for the conveyance of bodies, and the bodies must be well enclosed within a suitable encasement and carefully deposited free from public observation. The carrier shall obtain receipts by name or, if the deceased is unknown, by a description for each body delivered by the carrier, and that receipt must state the source from which the body was received; the carrier shall deposit the receipts with the secretary of the board. [RR 2021, c. 2, Pt. B, §146 (COR).]
22 M.R.S. § 2662 — ME Code / Title 22 / Subtitle 2 / Chapter 602 / Section 2662
22 §2662. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 150 (NEW).]

1. Communicable disease. "Communicable disease" is a disease capable of being transmitted from one person to another. [PL 1985, c. 150 (NEW).]

2. Department. "Department" means the Department of Health and Human Services. [PL 1985, c. 150 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2-A. Medical facility pool or medical facility spa. "Medical facility pool" or "medical facility spa" means a pool or spa under the direct supervision and control of licensed medical personnel. [PL 2007, c. 631, §4 (NEW).]

2-B. Pool. "Pool" means a basin, chamber or tank constructed of smooth, impervious and easily cleaned materials, located either indoors or outdoors, in-ground, aboveground or on-ground, provided with a controlled water supply and containing an artificial body of water used for swimming, recreational bathing or wading. "Pool" includes any related equipment, structures, areas and enclosures that are intended for the use of persons using or operating the pool, including equipment, dressing lockers, showers and toilet rooms. [PL 2007, c. 631, §4 (NEW).]

3. Pool depth. "Pool depth" means the distance between the floor of the pool and the maximum operating water level. [PL 1985, c. 150 (NEW).]

4. Residential spa. "Residential spa" means any constructed spa, permanently installed or portable, that is used in connection with a single or multifamily residence, used by tenants of apartment buildings, owners of condominiums or members of property owners associations and available only to these residents and their private guests or used by guests of a lodging place as defined in section 2491, subsection 7-F that has 10 or fewer rooms or cottages. [PL 2023, c. 113, §1 (AMD).]

5. Residential swimming pool. "Residential swimming pool" means any constructed pool that is used for swimming in connection with a single or multifamily residence, used by tenants of apartment buildings, owners of condominiums and members of property owners associations and available only to these residents and their private guests. A pool on the premises of a family child care provider who is licensed or required to be licensed under section 8301‑A is a residential swimming pool. [PL 2021, c. 35, §2 (AMD).]

6. Public spa. "Public spa" means any constructed spa other than a residential spa or medical facility spa. [PL 2007, c. 631, §4 (AMD).]

7. Public pool. "Public pool" means any constructed or prefabricated pool other than a residential pool or medical facility pool that is intended to be used for swimming, recreational bathing or wading and is operated by an owner, lessee, tenant or concessionaire or by a person licensed by the department, regardless of whether a fee is charged for use. A pool on the premises of a child care facility that is licensed or required to be licensed under section 8301‑A is a public pool. [PL 2007, c. 631, §4 (AMD).]

8. Spa. "Spa" means a unit containing water primarily designed for therapeutic or nontherapeutic use that is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles or any combination thereof. "Spa" includes, but is not limited to, a therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot tub. [PL 2007, c. 631, §4 (AMD).]

9. Swimming pool. [PL 2007, c. 631, §4 (RP).]
22 M.R.S. § 9065 — ME Code / Title 22 / Subtitle 6 / Chapter 1691 / Section 9065
22 §9065. Rules; contracts
Status: in_force

1. Rules. The Department of Public Safety and the Department of Health and Human Services shall each adopt rules necessary to achieve the purposes of this chapter. As appropriate, each department shall keep the other department informed regarding rule-making activity. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 299, §25 (NEW).]

2. Contract for services. In accordance with state laws and rules governing contracting for services, the Department of Public Safety and the Department of Health and Human Services may contract with federal and state agencies and nongovernmental entities as necessary to carry out the purposes of this chapter. [PL 2015, c. 299, §25 (NEW).]
22 M.R.S. § 2086 — ME Code / Title 22 / Subtitle 2 / Chapter 414 / Section 2086
22 §2086. Penalties
Status: in_force

A facility or a health care practitioner that makes or causes to be made a referral prohibited under section 2085 or presents or causes to be presented a bill or claim for service that the facility or health care practitioner knows or should know is prohibited by section 2085 is subject to a civil penalty of no more than $2,000 for each referral, bill or claim. [PL 1993, c. 308, §1 (NEW).]

A violation of this chapter by a health care practitioner or a facility constitutes grounds for disciplinary action by the applicable licensing body. [PL 1993, c. 308, §1 (NEW).]
22 M.R.S. § 1232 — ME Code / Title 22 / Subtitle 2 / Chapter 251 / Section 1232
22 §1232. Standard tests approved by department
Status: in_force

The department is authorized to approve one or more tests for syphilis and rh factor which shall be known as standard tests, and may approve and appoint other laboratories in addition to the state laboratory to make such tests. Whenever such laboratory performs a test for syphilis which reveals the possibility of syphilitic infection, it shall report this finding and the name, address, age and sex of the person from whom the specimen was taken to the department. [PL 1971, c. 330, §6 (AMD).]
22 M.R.S. § 1819 — ME Code / Title 22 / Subtitle 2 / Chapter 405 / Section 1819
22 §1819. Investment of hospital trust funds
Status: in_force

Hospitals may treat any 2 or more trust funds as a single fund solely for the purpose of investment, if such investment is not prohibited by the instrument, judgment, decree or order creating such trust funds. Unless ordered by decree, the hospital so investing said funds is not required to render a court accounting with regard to such funds, but it, as accountant, or any interested person, may by petition to the Superior Court or the probate court in the county where said hospital is located secure approval of such accounting on such conditions as the court may establish.
22 M.R.S. § 3174-GG — ME Code / Title 22 / Subtitle 3 / Chapter 855 / Section 3174-GG
22 §3174-GG. Long-term Care Partnership Program
Status: in_force

There is established within the department the Long-term Care Partnership Program pursuant to Section 6021 of the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4 (2006), referred to in this section as "the program," to provide incentives for persons to insure the costs of their own long-term care and to alleviate some of the costs of long-term care being paid by MaineCare. The department shall administer the program as a part of MaineCare. [PL 2009, c. 101, §1 (AMD).]

1. Eligibility. A person is eligible for the program if that person is insured under a policy of long-term care insurance qualified pursuant to the federal Deficit Reduction Act of 2005 and approved for the purpose of the program and has used the policy alone or in combination with private resources to pay for long-term care costs without resort to MaineCare coverage. In order to qualify for benefits under the program, a person must be eligible under this subsection and meet the other criteria required for long-term care benefits under the MaineCare program as provided in this chapter and in rules adopted by the department. [PL 2009, c. 101, §2 (AMD).]

2. Benefits. The benefits of the program include coverage for long-term care services under MaineCare after the person participating in the program has used the available coverage and benefits purchased under the approved long-term care policy. [PL 2009, c. 101, §3 (AMD).]

3. Disregard. In addition to assets disregarded or exempt under MaineCare program rules, in determining eligibility for MaineCare and the amount of MaineCare benefits and in estate recovery pursuant to section 14, subsection 2‑I , the program must disregard assets of an eligible person that are disclosed to the department in the application or posteligibility process in an amount equal to the benefits paid by the approved long-term care insurance policy. [PL 2009, c. 101, §4 (AMD).]

4. Information. In cooperation with the Department of Professional and Financial Regulation, Bureau of Insurance, the department shall provide information to the public regarding the program and approved long-term care insurance policies. [PL 2005, c. 12, Pt. DDD, §10 (NEW).]

5. Reciprocal agreements. The department shall enter into reciprocal agreements with other states to extend the program to persons who purchased long-term care insurance policies equivalent to policies approved in this State and to extend similar programs in other states to persons who purchase approved policies in this State and who later relocate and apply for Medicaid long-term care benefits in other states. [PL 2005, c. 12, Pt. DDD, §10 (NEW).]

6. Other laws. Eligibility for the program does not preclude enforcement of laws regarding recovery of MaineCare benefits incorrectly paid or 3rd-party liability claims by the department. The provisions of this section do not enlarge or otherwise modify medical assistance benefits under the MaineCare program. The provisions of section 14, subsection 2‑I, paragraph A , subparagraph (3) do not apply to assets disregarded under the program. [PL 2005, c. 12, Pt. DDD, §10 (NEW).]

7. Rulemaking. The department, after consultation with the Superintendent of Insurance within the Department of Professional and Financial Regulation, 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 2005, c. 12, Pt. DDD, §10 (NEW).]