reglab/housing_qa huggingface dataset:
22 ME Rev Stat § 7921 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666: PATIENTS' RIGHTS|22 §7921. Intent

 §7921. Intent It is the intent of the Legislature to establish a mechanism for residents of long-term care facilities in this State to articulate their rights and to be responsible for the protection of those rights.   [PL 1981, c. 445 (NEW).]SECTION HISTORY PL 1981, c. 445 (NEW).
22 ME Rev Stat § 7922 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666: PATIENTS' RIGHTS|22 §7922. Definitions

 §7922. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1981, c. 445 (NEW).]1.  Long-term care facility.  "Long-term care facility" means any facility program of assisted living licensed pursuant to chapters 1663 and 1664, and any nursing facility or unit licensed pursuant to chapter 405.   [PL 2001, c. 596, Pt. B, §13 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).] 2.  Resident.  "Resident" means any person who lives in and receives services or care in a long-term care facility.   [PL 1981, c. 445 (NEW).] SECTION HISTORY PL 1981, c. 445 (NEW). PL 1991, c. 69, §4 (AMD). PL 1993, c. 661, §20 (AMD). PL 1995, c. 670, §B7 (AMD). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 596, §B13 (AMD). PL 2001, c. 596, §B25 (AFF).
22 ME Rev Stat § 7923 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666: PATIENTS' RIGHTS|22 §7923. Residents' council

 §7923. Residents' council 1.  Establishment; composition.  Each long-term care facility shall inform residents of their right to establish a council. This information must be given to all residents and a family member or designated representative for those residents on admission and must be posted prominently in the facility.   The administrator shall assist residents in establishing a residents' council, if the residents choose to establish one. If there is no council, at least once each year residents must be given the choice to establish one. A majority vote prevails.   The council shall draw up bylaws. The council may meet as often as specified in the bylaws, but at least quarterly. No employee or representative of the facility may be a member of the council. Family members may sit on the council, but may not be members.   [PL 1991, c. 69, §5 (AMD).] 2.  Responsibilities.  The council has, but is not limited to, the following responsibilities:   A. To review and make recommendations to strengthen the facility's policies and procedures relating to residents' rights;   [PL 1981, c. 445 (NEW).]B. To establish procedures for informing all residents about their rights;   [PL 1981, c. 445 (NEW).]C. To serve as a forum for obtaining and disseminating information, soliciting and adopting recommendations for facility programming and improvement, and early identification of and recommendations for orderly resolution of residents' problems;   [PL 1981, c. 445 (NEW).]D. To inform the administrator about the opinions and concerns of the residents;   [PL 1981, c. 445 (NEW).]E. To find ways of involving the families of residents in the facility; and   [PL 1981, c. 445 (NEW).]F. To notify the Department of Health and Human Services and the long-term care ombudsman when they are constituted.   [PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]Records of council meetings and decisions shall be prepared and disseminated by the council, which may request the assistance of the designated staff member and shall be kept on file in the facility, available at all times to residents and family members or designated representatives.   [PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] 3.  Assistance.  Except as provided in this subsection, the administrator shall designate a staff member, not related to the administrator, to assist the residents' council. In small long-term care facilities in which no staff members are unrelated to the administrator or owner of the facility, the administrator may designate a staff member who is related to the administrator.   [PL 1991, c. 69, §5 (AMD).] SECTION HISTORY PL 1981, c. 445 (NEW). PL 1991, c. 69, §5 (AMD). PL 1999, c. 384, §3 (AMD). PL 2003, c. 689, §B6 (REV).
22 ME Rev Stat § 7924 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666: PATIENTS' RIGHTS|22 §7924. Reporting of violations

 §7924. Reporting of violations 1.  Alleged violations reported and investigated.  Any person who believes that any of those rules governing the licensure of long-term care facilities or the operation of assisted living programs and services authorized pursuant to section 7853 adopted by the department pertaining to residents' rights and conduct of resident care has been violated may report the alleged violation to the protection and advocacy agency designated pursuant to Title 5, section 19502; the long-term care ombudsman pursuant to section 5106, subsection 11‑C and section 5107-A; and any other agency or person whom the commissioner may designate.   [PL 2011, c. 657, Pt. EE, §1 (AMD).] 2.  Professionals to report.  Any professional who provides health care, social services or mental health services or who administers a long-term care facility or program and who knows of or has reasonable cause to suspect that there has been a violation of any of those rules adopted by the department governing the licensure of long-term care facilities pertaining to residents' rights or conduct of resident care shall immediately report or cause a report to be made to an agency or person referred to in subsection 1.   [PL 2005, c. 397, Pt. A, §25 (AMD).] 3.  Written report of findings.  Any agency or person investigating a situation pursuant to subsection 1 or 2 shall submit a written report of the findings and results of the investigation to the administrator of the long-term care facility in which the residents' rights allegedly have been violated and to the commissioner.   [PL 2005, c. 397, Pt. A, §26 (AMD).] 4.  Immunity from liability.  No professional shall be held liable for any report or action taken pursuant thereto if the professional acted in good faith pursuant to this section.   [PL 1981, c. 445 (NEW).] 5.  Construction.  This section may not be construed to limit the powers or responsibilities of the long-term care ombudsman.   [PL 1999, c. 384, §4 (AMD).] 6.  Notice of program.  Each long-term care facility shall provide to each resident, guardian or personal representative, at the time of admission, information that the long-term care ombudsman program is a source of assistance with complaints and problems. At least 2 posters must be mounted in prominent places in each long-term care facility to inform residents about the services of the program. The posters must also include the department's current rules regarding the rights of residents of long-term care facilities.   [PL 1989, c. 644 (NEW).] SECTION HISTORY PL 1981, c. 445 (NEW). PL 1989, c. 644 (AMD). RR 1995, c. 2, §45 (COR). PL 1997, c. 260, §2 (AMD). PL 1999, c. 384, §4 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 596, §B14 (AMD). PL 2001, c. 596, §B25 (AFF). RR 2003, c. 2, §82 (COR). PL 2003, c. 689, §B6 (REV). PL 2005, c. 397, §§A24-26 (AMD). PL 2009, c. 1, Pt. S, §1 (AMD). PL 2011, c. 657, Pt. EE, §1 (AMD).
22 ME Rev Stat § 7925 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666: PATIENTS' RIGHTS|22 §7925. Discharges and transfers

 §7925. Discharges and transfers Long-term care facilities which receive public funds may not discharge or transfer any person solely based on a change in their source of payment.   [PL 1981, c. 445 (NEW).]SECTION HISTORY PL 1981, c. 445 (NEW).
22 ME Rev Stat § 7931 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-A: APPOINTMENT OF RECEIVERS|22 §7931. Policy

 §7931. Policy It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of residents in long-term care facilities, clients of home health care providers, general and specialty hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies and end-stage renal disease units. It is the intent of the Legislature that receivership be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile.   [PL 1999, c. 384, §5 (AMD).]SECTION HISTORY PL 1983, c. 454 (NEW). PL 1995, c. 620, §4 (AMD). PL 1999, c. 384, §5 (AMD).
22 ME Rev Stat § 7935 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-A: APPOINTMENT OF RECEIVERS|22 §7935. Termination of receivership

 §7935. Termination of receivership The receivership terminates when the court certifies that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivership at least semiannually.   [PL 1995, c. 620, §8 (AMD).]A receivership may not be terminated in favor of the former or the new licensee, unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court.   [PL 1995, c. 620, §8 (AMD).]SECTION HISTORY PL 1983, c. 454 (NEW). PL 1995, c. 620, §8 (AMD).
22 ME Rev Stat § 7936 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-A: APPOINTMENT OF RECEIVERS|22 §7936. Liability of receiver

 §7936. Liability of receiver No person may bring suit against a receiver appointed under section 7933 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in his official capacity only and any judgment rendered shall be satisfied out of receivership assets.   [PL 1983, c. 454 (NEW).]SECTION HISTORY PL 1983, c. 454 (NEW).
22 ME Rev Stat § 7937 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-A: APPOINTMENT OF RECEIVERS|22 §7937. Court order to have effect of license

 §7937. Court order to have effect of license An order appointing a receiver under section 7933 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the long-term care facility, home health care provider, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit during the receivership, and a violation of regulations governing the conduct of the long-term care facility, home health care provider, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, if not promptly corrected, must be reported by the department to the court.   [PL 1999, c. 384, §16 (AMD).]SECTION HISTORY PL 1983, c. 454 (NEW). PL 1995, c. 620, §8 (AMD). PL 1999, c. 384, §16 (AMD).
22 ME Rev Stat § 7938 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-A: APPOINTMENT OF RECEIVERS|22 §7938. Rule-making authority to implement receivership law

 §7938. Rule-making authority to implement receivership law The department may adopt regulations as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, to implement this chapter.   [PL 1983, c. 454 (NEW).]SECTION HISTORY PL 1983, c. 454 (NEW).
22 ME Rev Stat § 7941 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7941. Policy

 §7941. Policy It is the purpose of this chapter to authorize the Department of Health and Human Services to impose intermediate sanctions in order to improve the quality of care in long-term care facilities and to establish programs to reward long-term care facilities that provide the highest quality care. These intermediate sanctions will also provide an alternative to taking action to close facilities, which may cause great distress to the residents of those facilities.   [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]SECTION HISTORY PL 1987, c. 774, §4 (NEW). PL 2003, c. 689, §B6 (REV).
22 ME Rev Stat § 7942 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7942. Definitions

 §7942. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 774, §4 (NEW).]1.  Department.  "Department" means the Department of Health and Human Services.   [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] 2.  Directed plan of correction.  "Directed plan of correction" means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made.   [PL 1987, c. 774, §4 (NEW).] 3.  Long-term care facility.  "Long-term care facility" means an assisted living program or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405.   [PL 2003, c. 634, §7 (AMD).] 4.  Person.  "Person" means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit.   [PL 1987, c. 774, §4 (NEW).] 5.  Plan of correction.  "Plan of correction" means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. A plan of correction shall describe with specificity how and when deficiencies of state licensing rules will be corrected.   [PL 1987, c. 774, §4 (NEW).] 6.  Resident.  "Resident" means any person who lives in and receives services or care in a long-term care facility.   [PL 1987, c. 774, §4 (NEW).] 7.  State licensing rules.  "State licensing rules" refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with intellectual disabilities and assisted living programs or residential care facilities.   [PL 2011, c. 542, Pt. A, §47 (AMD).] 8.  Statement of deficiencies.  "Statement of deficiencies" means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules.   [PL 1987, c. 774, §4 (NEW).] SECTION HISTORY PL 1987, c. 774, §4 (NEW). PL 1993, c. 661, §21 (AMD). PL 1999, c. 99, §2 (AMD). PL 1999, c. 384, §§17,18 (AMD). PL 2001, c. 596, §B16 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2003, c. 634, §§7,8 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 542, Pt. A, §47 (AMD).
22 ME Rev Stat § 7943 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7943. Violations

 §7943. Violations 1.  License required.  It is a violation of this chapter for a person to manage or operate a long-term care facility as defined in this chapter without first obtaining a license to manage or operate a long-term care facility.   [PL 1993, c. 661, §22 (AMD).] 2.  Interference or false information.  It shall be a violation of this chapter for any person to impede or interfere with the enforcement of laws or rules governing the licensing of long-term care facilities, or for any person to give any false information in connection with the enforcement of laws or rules.   [PL 1987, c. 774, §4 (NEW).] 3.  Correction of deficiencies.  It shall be a violation of this chapter to:   A. Fail to submit a plan of correction within 10 working days after receipt of a statement of deficiencies; and   [PL 1987, c. 774, §4 (NEW).]B. Fail to take timely corrective action in accordance with a plan of correction or a directed plan of correction. Each failure to correct any deficiency may be considered a separate violation of this section.   [PL 1987, c. 774, §4 (NEW).][PL 1987, c. 774, §4 (NEW).] 4.  Protection of residents.  Notwithstanding subsection 3, the following conduct is deemed to be a violation of this chapter without regard to whether a plan of correction or directed plan of correction is followed by a facility:   A. Failure to comply with state licensing laws or rules when this failure poses an immediate threat of death or substantial probability of serious mental or physical harm to a resident. Each failure to comply with any law or rule may be considered a separate violation of this section; and   [PL 1987, c. 774, §4 (NEW).]B. The occurrence of a repeated deficiency that poses a substantial risk to residents' health or safety or infringes upon residents' rights. For purposes of this section, a repeated deficiency is one that is found to exist in a long-term care facility during a current survey or investigation that has also been cited in a statement of deficiencies of that facility within the past 2 years. Each repeated deficiency may be considered a separate violation of this section.   [PL 1987, c. 774, §4 (NEW).][PL 1987, c. 774, §4 (NEW).] 5.  Compliance with federal requirements.  It shall be a violation of this chapter for any long-term care facility subject to the provisions of United States Code, Title 42, Section 1919 to fail to comply with the requirements of Section 1919, Subsections (b), (c) or (d). Each failure to comply with a requirement of United States Code, Title 42, Section 1919, Subsections (b), (c) or (d) may be considered a separate violation of this section.   [PL 1987, c. 774, §4 (NEW).] SECTION HISTORY PL 1987, c. 774, §4 (NEW). PL 1993, c. 661, §22 (AMD).
22 ME Rev Stat § 7945 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7945. Incentives for high quality care

 §7945. Incentives for high quality care By January 1, 1989, the department shall establish programs to reward long-term care facilities that provide the highest quality care to residents, including, but not limited to, programs of public recognition.   [PL 1987, c. 774, §4 (NEW).]SECTION HISTORY PL 1987, c. 774, §4 (NEW).
22 ME Rev Stat § 7946 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7946. Enforcement and appeal

 §7946. Enforcement and appeal 1.  Procedure.  The department may impose any sanction in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the long-term care facility the opportunity for an administrative hearing, or file a complaint with the Superior Court requesting the imposition of any sanction authorized by this chapter.   [PL 1987, c. 774, §4 (NEW).] 2.  Collection of penalties; interest.  Long-term care facilities that are fined pursuant to this chapter are required to pay the department the amount of the penalties. Penalties may be collected by the department by the offset of any reimbursement due the facility, or by any other method authorized by law. An appeal of the department's decision to penalize a long-term care facility stays the collection of any penalties. All penalties are to be assessed for each day that the facility is or was out of compliance and are to be collected with interest accruing at the rate set by Title 14, section 1602-C. An appeal of the department's decision to penalize a long-term care facility does not stay the assessment of any penalties or interest as long as the long-term care facility continues to be in violation of any requirement of section 7943.   [PL 2003, c. 460, §12 (AMD).] 3.  Reduction or delay of penalties.  The department may reduce the amount or delay the payment of a penalty when a facility is able to show that payment of the total amount due would result in inadequate funds to provide necessary services to residents. In making this determination, the department may consider, among other factors, the amount of any savings as calculated pursuant to the principles of reimbursement, overall profits or cash reserves and any extraordinary expenses experienced by the facility, as well as the necessity of providing an incentive to correct violations of this chapter.   [PL 1987, c. 774, §4 (NEW).] 4.  Income from penalties.  Any income from penalties must be placed in a special revenue account and be used by the department for purposes related to improving the quality of care for residents of long-term care facilities.   [PL 2009, c. 621, §7 (AMD).] 5.  No limitation on right of action.   [PL 1991, c. 637, §1 (RP).] SECTION HISTORY PL 1987, c. 774, §4 (NEW). PL 1989, c. 747, §2 (AMD). PL 1991, c. 637, §1 (AMD). PL 2003, c. 460, §12 (AMD). PL 2009, c. 621, §7 (AMD).
22 ME Rev Stat § 7947 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7947. Rules

 §7947. Rules The department shall adopt rules for intermediate sanctions in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.   [PL 1987, c. 774, §4 (NEW).]SECTION HISTORY PL 1987, c. 774, §4 (NEW).
22 ME Rev Stat § 7949 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES|22 §7949. No limitation on right of action

 §7949. No limitation on right of action The remedies provided under section 7948 are in addition to those otherwise available under state or federal law and may not be construed as limiting any other remedies including any remedy available to an individual at common law. Exhaustion of any available administrative remedy is not required prior to commencement of an action under this section.   [PL 1991, c. 637, §2 (NEW).]SECTION HISTORY PL 1991, c. 637, §2 (NEW).
22 ME Rev Stat § 8001 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1667: DRUG TREATMENT CENTERS|22 §8001. Definition of drug treatment center

 §8001. Definition of drug treatment center The term "drug treatment center," as used in this subtitle, shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users.   [PL 1975, c. 719, §6 (NEW).]SECTION HISTORY PL 1975, c. 719, §6 (NEW).
22 ME Rev Stat § 8002 (2021)
2021 Maine Revised Statutes|TITLE 22: HEALTH AND WELFARE|Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS|Chapter 1667: DRUG TREATMENT CENTERS|22 §8002. Rules

 §8002. Rules 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).] SECTION HISTORY PL 1975, c. 719, §6 (NEW). PL 1977, c. 497, §5 (AMD). PL 1977, c. 694, §378 (AMD).