reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1719. Patients' rights

§1719. Patients' rights
This section applies to hospitals licensed pursuant to chapter 405 that are nonstate mental health institutions as defined in Title 34‑B, section 3801, subsection 6 and that are not subject to the grievance procedures of the Department of Behavioral and Developmental Services.   [PL 2003, c. 649, §1 (NEW).]
1.  Adoption of rules.
The commissioner shall adopt rules for the enhancement and protection of the rights of adult patients receiving inpatient mental health services from a hospital subject to the requirements of this section. The commissioner shall hold a public hearing before adopting rules under this section and shall give notice of the public hearing pursuant to Title 5, section 8053. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 649, §1 (NEW).]
2.  Rights protected.
The rules adopted pursuant to subsection 1 must meet the requirements of Title 34‑B, section 3003, subsection 2, paragraphs A to K and must provide for the same opportunity for hearing and type of hearing as described in rules of the Department of Behavioral and Developmental Services relating to grievances filed by adult mental health consumers.
[PL 2003, c. 649, §1 (NEW).]
3.  Delegation.
The department shall delegate to the Department of Behavioral and Developmental Services responsibility for hearing and resolving all grievances that are submitted in a timely manner by patients receiving inpatient mental health services in hospitals subject to the requirements of this section.
[PL 2003, c. 649, §1 (NEW).]
4.  Final agency action.
Final resolution of a grievance by the Department of Behavioral and Developmental Services under the rules adopted pursuant to subsection 1 is the final agency action of the department for the purposes of judicial review under Title 5, section 11001.
[PL 2003, c. 649, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 649, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1720. Nursing facility medical director reimbursement

§1720. Nursing facility medical director reimbursement
The department shall include in its calculation of reimbursement for services provided by a nursing facility an allowance for the cost of a medical director in a base year amount not to exceed $10,000, with that amount being subject to an annual cost-of-living adjustment.   [PL 2005, c. 242, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 242, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1722. Voluntary restraint (REALLOCATED FROM TITLE 22, SECTION 1721)

§1722. Voluntary restraint
(REALLOCATED FROM TITLE 22, SECTION 1721)
1.  Voluntary restraint.
To control the rate of growth of the costs of hospital services, each hospital licensed under chapter 405 may voluntarily restrain cost increases and consolidated operating margins in accordance with this section. Each hospital shall annually report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding its efforts made pursuant to this section. The targets and methodology apply to each hospital’s fiscal year beginning on or after the effective date of this section.
A. Each hospital may voluntarily hold its consolidated operating margin to no more than 3%. For purposes of this paragraph, a hospital’s consolidated operating margin is calculated by dividing its consolidated operating income by its total consolidated operating revenue.   [RR 2007, c. 2, §9 (RAL).]
B. Each hospital may voluntarily restrain its increase in its expense per casemix-adjusted inpatient and volume-adjusted outpatient discharge to no more than 110% of the forecasted increase in the hospital market basket index for the coming federal fiscal year, as published in the Federal Register, when the federal Centers for Medicare and Medicaid Services publishes the Medicare program’s hospital inpatient prospective payment system rates for the coming federal fiscal year. For purposes of this paragraph, the measure of a hospital’s expense per casemix-adjusted inpatient and volume-adjusted outpatient discharge is calculated by:
(1) Calculating the hospital’s total hospital-only expenses;
(2) Subtracting from the hospital’s total hospital-only expenses the amount of the hospital’s bad debt;
(3) Subtracting from the amount reached in subparagraph (2) the hospital taxes paid to the State during the hospital’s fiscal year; and
(4) Dividing the amount reached in subparagraph (3) by the product of:
(a) The number of inpatient discharges, adjusted by the all payer case mix index for the hospital; and
(b) The ratio of total gross patient service revenue to gross inpatient service revenue.
For the purposes of this paragraph, a hospital’s total hospital-only expenses include any item that is listed on the hospital’s Medicare cost report as a subprovider, such as a psychiatric unit or rehabilitation unit, and does not include nonhospital cost centers shown on the hospital’s Medicare cost report, such as home health agencies, nursing facilities, swing beds, skilled nursing facilities and hospital-owned physician practices. For purposes of this paragraph, a hospital’s bad debt is as defined and reported in the hospital’s Medicare cost report and as submitted to the Maine Health Data Organization pursuant to chapter 1683.   [PL 2023, c. 405, Pt. A, §51 (AMD).]
[PL 2023, c. 405, Pt. A, §51 (AMD).]
SECTION HISTORY
RR 2007, c. 2, §9 (RAL). PL 2023, c. 405, Pt. A, §51 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1723. Processing fee

§1723. Processing fee
Beginning October 1, 2010, a facility or health care provider subject to the licensing, certification or registration processes of this chapter or chapter 405, 411, 412, 417 or 419 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license, certificate or registration when the licensee, certificate holder or registration holder made changes that require the reissuance of a license, certificate or registration.   [PL 2009, c. 590, §1 (NEW).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 590, §1 (NEW).]
Revisor's Note: §1723. Criminal background checks (As enacted by PL 2009, c. 621, §1 is REALLOCATED TO TITLE 22, SECTION 1724)
SECTION HISTORY
RR 2009, c. 2, §49 (RAL). PL 2009, c. 590, §1 (NEW). PL 2009, c. 621, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1724. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 1723)

§1724. Criminal background checks
(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).]
SECTION HISTORY
RR 2009, c. 2, §49 (RAL). PL 2015, c. 196, §8 (AMD). PL 2015, c. 299, §8 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1727. Cooperation with law enforcement (REALLOCATED FROM TITLE 22, SECTION 1726)

§1727. Cooperation with law enforcement
(REALLOCATED FROM TITLE 22, SECTION 1726)
A hospital licensed under chapter 404 or 405 shall make a good faith effort to cooperate with law enforcement agencies as provided in this section.   [RR 2015, c. 1, §18 (RAL).]
1.  Service of protection from abuse order.
A law enforcement agency may request that a hospital provide access to a defendant who is receiving care in the hospital for the purpose of serving a protection from abuse order pursuant to Title 19‑A, section 4107.
A. The hospital shall provide the law enforcement agency with an opportunity to serve the defendant personally with the order at a time the hospital determines is clinically appropriate with due consideration to the medical condition of the defendant.   [RR 2015, c. 1, §18 (RAL).]
B. A hospital may disclose that the defendant is a patient to facilitate service under this section regardless of patient consent.   [RR 2015, c. 1, §18 (RAL).]
[PL 2021, c. 647, Pt. B, §48 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Notice of upcoming release.
A law enforcement agency may request that a hospital provide notice to the law enforcement agency that a person is to be released from the hospital so that the law enforcement agency may arrest the person.
A. The hospital shall provide notice that the person is to be released from the hospital if the person was transported or was caused to be transported to the hospital by the law enforcement agency.   [RR 2015, c. 1, §18 (RAL).]
B. The information contained in the notice provided by the hospital must be no more than the minimum amount necessary to satisfy the requirements of this subsection.   [RR 2015, c. 1, §18 (RAL).]
[RR 2015, c. 1, §18 (RAL).]
3.  Required consistency with federal requirements.
A hospital may provide access under subsection 1 and information under subsection 2 only if the request is consistent with the provisions of 45 Code of Federal Regulations, Section 164.512 (2015) and 42 Code of Federal Regulations, Part 2 (2015).
[RR 2015, c. 1, §18 (RAL).]
4.  Immunity; no cause of action.
A hospital, hospital agent, employee or other person who in good faith and without gross negligence provides access or information to a law enforcement agency as required by this section or cooperates in an investigation or a criminal or judicial proceeding related to the requirements of this section is immune from civil and criminal liability and professional licensure action arising out of or related to compliance with this section. This section does not create a cause of action against the hospital, hospital agent, employee or other person for failure to comply with this section.
[RR 2015, c. 1, §18 (RAL).]
SECTION HISTORY
RR 2015, c. 1, §18 (RAL). PL 2021, c. 647, Pt. B, §48 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 401: GENERAL PROVISIONS › 22 §1729. Substance use disorder treatment information

§1729. Substance use disorder treatment information
Beginning July 1, 2024, a hospital licensed under chapter 405 shall post in a publicly accessible area of its emergency department information provided by the department that describes how individuals with substance use disorder can access evidence-based treatment services.   [PL 2023, c. 463, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 463, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 402: HOSPITAL ASSESSMENTS › 22 §1731. Definitions (REPEALED)

§1731. Definitions
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §Q4 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §Q4 (NEW). PL 1991, c. 780, §R1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 402: HOSPITAL ASSESSMENTS › 22 §1732. General provisions (REPEALED)

§1732. General provisions
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §Q4 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §Q4 (NEW). PL 1991, c. 780, §R1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 402: HOSPITAL ASSESSMENTS › 22 §1733. Hospital assessment (REPEALED)

§1733. Hospital assessment
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §Q4 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §Q4 (NEW). PL 1991, c. 780, §R1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 402: HOSPITAL ASSESSMENTS › 22 §1734. Establishment of the Medical Care - Payments to Providers Special Revenue Account (REPEALED)

§1734. Establishment of the Medical Care - Payments to Providers Special Revenue Account
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §Q4 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §Q4 (NEW). PL 1991, c. 780, §R1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1761. Municipal hospitals

§1761. Municipal hospitals
A municipality may establish and maintain one or more hospitals, nursing facilities, boarding homes or any other institution, place, building or agency for the care, accommodation or hospitalization of the sick or injured or for the care of any aged or other persons requiring or receiving chronic or convalescent care. Any such facility shall be subject to all statutes and licensing requirements applicable to the particular type of facility.   [PL 1977, c. 696, §187 (REEN).]
SECTION HISTORY
PL 1977, c. 110, §1 (RPR). PL 1977, c. 457, §4 (RP). PL 1977, c. 696, §187 (REEN).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1762. Temporary facilities

§1762. Temporary facilities
Notwithstanding the provisions of section 1761, in the event of an outbreak of any disease or health problem dangerous to the public health, the municipal officers or local health officer, with the approval of the department, may establish temporary health care facilities, subject to the supervision of the department.   [PL 1977, c. 696, §187 (REEN).]
SECTION HISTORY
PL 1977, c. 110, §2 (RPR). PL 1977, c. 457, §4 (RP). PL 1977, c. 696, §187 (REEN).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1763. Infectious diseases; regulations (REPEALED)

§1763. Infectious diseases; regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 110, §3 (RP). PL 1977, c. 457, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1764. Precautions to prevent spread of disease (REPEALED)

§1764. Precautions to prevent spread of disease
(REPEALED)
SECTION HISTORY
PL 1977, c. 110, §3 (RP). PL 1977, c. 457, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1765. Violations (REPEALED)

§1765. Violations
(REPEALED)
SECTION HISTORY
PL 1977, c. 110, §3 (RP). PL 1977, c. 457, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1766. Forfeitures (REPEALED)

§1766. Forfeitures
(REPEALED)
SECTION HISTORY
PL 1977, c. 110, §3 (RP). PL 1977, c. 457, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 403: TOWN HOSPITALS › 22 §1767. Sanatorium or hospital for infectious diseases; approval required (REPEALED)

§1767. Sanatorium or hospital for infectious diseases; approval required
(REPEALED)
SECTION HISTORY
PL 1977, c. 110, §3 (RP). PL 1977, c. 457, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 404: PRIVATE MENTAL HOSPITALS › 22 §1781. License; visitation; penalty

§1781. License; visitation; penalty
The Department of Health and Human Services may license any suitable person to establish and keep a private hospital or private house for the reception and treatment of patients who are mentally deranged. The hospital or private house shall be subject to visitation by the department or any member thereof.   [PL 1983, c. 459, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
Whoever establishes or keeps the private hospital or private house without a license, or after revocation or during suspension of the license, shall be fined not more than $500.   [PL 1983, c. 459, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §2 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 404: PRIVATE MENTAL HOSPITALS › 22 §1782. Visitation

§1782. Visitation
Each of the licensed hospitals or houses shall be visited at least once a year, and oftener if the Commissioner of Health and Human Services so directs, by a member of the Department of Health and Human Services, who shall carefully inspect every part of the hospital or house visited with reference to its cleanliness and sanitary conditions and who shall make a report to the department with such recommendations to improve conditions as the department deems necessary.   [PL 1983, c. 459, §2 (NEW); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]
SECTION HISTORY
PL 1983, c. 459, §2 (NEW). PL 2003, c. 689, §§B6,7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 404: PRIVATE MENTAL HOSPITALS › 22 §1783. Revocation or suspension of license after hearing

§1783. Revocation or suspension of license after hearing
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).]
SECTION HISTORY
PL 1983, c. 459, §2 (NEW). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1811. License required; definitions

§1811. License required; definitions
No person, partnership, association or corporation, nor any state, county or local governmental units, may establish, conduct or maintain in the State any hospital, sanatorium, convalescent home, rest home, nursing home, ambulatory surgical facility or other institution for the hospitalization or nursing care of human beings without first obtaining a license therefor. Hospital, sanatorium, convalescent home, rest home, nursing home, ambulatory surgical facility and other related institution, within the meaning of this chapter, means any institution, place, building or agency in which any accommodation is maintained, furnished or offered for the hospitalization of the sick or injured or care of any aged or infirm persons requiring or receiving chronic or convalescent care. Nothing in this chapter may apply to hotels or other similar places that furnish only board and room, or either, to their guests or to such homes for the aged or blind as may be subject to licensing under any other law.   [PL 1989, c. 136, §1 (AMD); PL 1989, c. 572, §1 (AMD); PL 1989, c. 878, Pt. A, §58 (RPR).]
SECTION HISTORY
PL 1967, c. 231, §1 (AMD). PL 1989, c. 136, §1 (AMD). PL 1989, c. 572, §1 (AMD). PL 1989, c. 878, §A58 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812. Maternity home or hospital defined (REPEALED)

§1812. Maternity home or hospital defined
(REPEALED)
SECTION HISTORY
PL 1967, c. 231, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-A. Nursing home defined

§1812-A. Nursing home defined
A nursing home or nursing facility shall be defined as a facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care, but who do require skilled nursing care and related medical services. The term "nursing home" or "nursing facility" is restricted to those facilities, the purpose of which is to provide skilled nursing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease or physical or mental infirmity and which provides a community service.   [PL 2001, c. 666, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 1965, c. 403 (NEW). PL 2001, c. 666, §A2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-B. Hospitals and nursing homes

§1812-B. Hospitals and nursing homes
The administration of medication in facilities licensed under section 1811, except group home intermediate care facilities for persons with intellectual disabilities, may be delegated to unlicensed personnel when such personnel have received appropriate training and instruction and the programs of training and instruction have been approved by the State Board of Nursing. The administration of medication in group home intermediate care facilities for persons with intellectual disabilities may be performed by unlicensed personnel when these personnel have received appropriate training and instruction and the programs of training and instruction have been approved by the department. Delegation of the administration of medication does not require the personal presence of the delegating professional nurse at the place where this service is performed, unless that personal presence is necessary to assure that medications are safely administered. The board shall issue such rules concerning delegation as it considers necessary to insure the highest quality of health care to the patient. The department shall issue such rules as it considers necessary to insure the highest quality of health care to residents of group home intermediate care facilities for persons with intellectual disabilities.   [PL 2011, c. 542, Pt. A, §28 (AMD).]
SECTION HISTORY
PL 1977, c. 497, §3 (NEW). PL 1983, c. 284, §2 (AMD). PL 2011, c. 542, Pt. A, §28 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-D. Reimbursement; geriatric training programs (REPEALED)

§1812-D. Reimbursement; geriatric training programs
(REPEALED)
SECTION HISTORY
PL 1987, c. 830, §1 (NEW). PL 2003, c. 689, §B6 (REV). PL 2015, c. 397, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-E. Ambulatory surgical facility

§1812-E. Ambulatory surgical facility
1.  Definition.
As used in this chapter, unless the context otherwise indicates, "ambulatory surgical facility" means a facility with a 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 charge a facility fee separate from the professional fee. "Ambulatory surgical facility" does not include:
A. A facility that is licensed as part of a hospital;   [PL 1991, c. 752, §1 (NEW).]
B. A facility that provides services or accommodations for patients who stay overnight;   [PL 1991, c. 752, §1 (NEW).]
C. A facility existing for the primary purpose of performing terminations of pregnancies; or   [PL 1991, c. 752, §1 (NEW).]
D. The private office of a physician or dentist in individual or group practice, unless that facility or office is certified as a Medicare ambulatory surgical center.   [PL 1991, c. 752, §1 (NEW).]
[PL 1991, c. 752, §1 (AMD).]
2.  Standards.
The department shall establish standards for the licensure of ambulatory surgical facilities effective July 1, 1992. The standards must provide that ambulatory surgical facilities that are certified for the federal Medicare and Medicaid programs meet the requirements for state licensure.
[PL 1991, c. 752, §1 (AMD).]
3.  Annual inspection.
The department shall inspect annually ambulatory surgical facilities, except that state inspections need not be performed during a year when a Medicare inspection is performed.
[PL 1991, c. 752, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 572, §2 (NEW). PL 1991, c. 752, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-F. Nursing homes; staffing for social services and patient activities

§1812-F. Nursing homes; staffing for social services and patient activities
1.  Minimum hours.
The department shall approve at least the following number of hours for the following services in nursing homes.
A. The department shall approve at least 1/2 hour per patient per week for social services.   [PL 1991, c. 327 (NEW).]
B. The department shall approve at least 20 hours per week in nursing homes of up to 30 beds, at least 30 hours per week in nursing homes of 31 to 60 beds and at least 40 hours per week in nursing homes of 61 beds or more for patient activities.   [PL 1991, c. 327 (NEW).]
[PL 1991, c. 327 (NEW).]
2.  Transfer of hours.
The department shall approve the transfer of previously approved nonnursing hours to social service or patient activity hours if the transfer does not increase the nursing home's per diem rate.
[PL 1991, c. 327 (NEW).]
SECTION HISTORY
RR 1991, c. 2, §76 (COR). PL 1991, c. 327 (NEW). PL 1991, c. 421, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-I. Critical access hospital defined

§1812-I. Critical access hospital defined
For purposes of this chapter, "critical access hospital" has the same meaning as set out in section 7932, subsection 10.   [PL 2003, c. 673, Pt. HH, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 673, §HH1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-K. Intermediate care facility for persons with intellectual disabilities

§1812-K. Intermediate care facility for persons with intellectual disabilities
1.  Survey.
A state survey agency shall conduct a survey of each intermediate care facility for persons with intellectual disabilities not later than 15 months after the last day of the previous survey. The statewide average interval between surveys must be 12 months or less. The statewide average interval is computed at the end of each federal fiscal year by comparing the last day of the most recent survey for each participating facility to the last day of each facility’s previous survey. As used in this section, "state survey agency" means the agency specified in 42 United States Code, Sections 1395aa and 1396 responsible for determining whether institutions and agencies meet requirements for participation in the State's Medicare and Medicaid programs.
[PL 2013, c. 179, §5 (NEW).]
2.  Rules.
The department shall adopt rules necessary to license intermediate care facilities for persons with intellectual disabilities in accordance with the Maine Administrative Procedure Act. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 588, Pt. A, §24 (AMD).]
SECTION HISTORY
PL 2013, c. 179, §5 (NEW). PL 2013, c. 588, Pt. A, §24 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1812-L. Performance of certain tasks by physicians and others

§1812-L. Performance of certain tasks by physicians and others
1.  Performance of certain tasks for residents receiving skilled nursing facility services.
For a nursing facility resident receiving skilled nursing facility level services:
A. The initial comprehensive visit through which a plan of care is developed for the resident and every alternate required visit thereafter must be performed by a physician;   [PL 2017, c. 145, §1 (NEW).]
B. The alternate required visits may be performed by a physician assistant, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice if delegated by a physician;   [PL 2017, c. 145, §1 (NEW).]
C. Medically necessary visits may be performed by a physician assistant, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice if delegated by a physician; and   [PL 2017, c. 145, §1 (NEW).]
D. Certifications and recertifications to verify that the resident requires daily skilled nursing care or rehabilitation services may be performed by a physician assistant, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice and who is not employed by the facility and who is working in collaboration with a physician.   [PL 2017, c. 145, §1 (NEW).]
[PL 2017, c. 145, §1 (NEW).]
2.  Performance of certain tasks for residents receiving nursing facility services.
For a nursing facility resident receiving nursing facility level services, a physician assistant, nurse practitioner or clinical nurse specialist who is licensed or certified as such by the State and performing within the authorized scope of practice and who is not employed by the facility and who is working in collaboration with a physician may perform any physician task, including but not limited to:
A. The resident's initial comprehensive visit;   [PL 2017, c. 145, §1 (NEW).]
B. Any other required visit; and   [PL 2017, c. 145, §1 (NEW).]
C. Any medically necessary visit.   [PL 2017, c. 145, §1 (NEW).]
[PL 2017, c. 145, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 145, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1813. Licenses for new and existing hospitals

§1813. Licenses for new and existing hospitals
A person, partnership, association or corporation or any state, county or local governmental unit may not continue to operate an existing hospital, sanatorium, convalescent home, rest home, nursing home or ambulatory surgical facility or open a hospital, sanatorium, convalescent home, rest home, nursing home or ambulatory surgical facility unless the operation is approved and regularly licensed by the State.   [PL 1991, c. 104 (RPR).]
Notwithstanding any other provision of this Title, a state-operated mental health hospital subject to licensure may have its current conditional license extended until January 1, 1993. By January 1, 1993, the department shall adopt rules that apply specifically to the licensure of psychiatric and mental health hospitals. Until those rules are adopted, the department shall apply existing hospital licensure rules to psychiatric and mental health hospitals.   [PL 1991, c. 104 (RPR).]
For nursing facilities providing both nursing home and assisted living services, the department shall issue one license reflecting both levels of care. The commissioner shall adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.   [PL 1997, c. 488, §1 (NEW).]
SECTION HISTORY
PL 1967, c. 231, §3 (AMD). PL 1989, c. 136, §2 (AMD). PL 1989, c. 572, §3 (AMD). PL 1989, c. 875, §E34 (RPR). PL 1989, c. 878, §A59 (RPR). PL 1991, c. 104 (RPR). PL 1997, c. 488, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1814. Application

§1814. Application
Any person, partnership, association or corporation, including state, county or local governmental units, desiring a license shall file with the department a verified application containing the name of the applicant desiring the license; whether the persons so applying are at least 18 years of age; the type of institution to be operated; the location; the name of the person in charge. Application on behalf of a corporation or association or governmental units shall be made by any 2 officers thereof or by its managing agents. All applicants shall submit satisfactory evidence of their ability to comply with the minimum standards of this chapter and all regulations adopted thereunder.   [PL 1989, c. 136, §3 (AMD).]
SECTION HISTORY
PL 1969, c. 433, §44 (AMD). PL 1971, c. 598, §34 (AMD). PL 1989, c. 136, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1815. Fees

§1815. Fees
Each application for a license to operate a hospital, convalescent home or nursing home must be accompanied by a nonrefundable fee. Hospitals shall pay $40 for each bed contained within the facility. Nursing and convalescent homes shall pay $26 for each bed contained within the facility. Each application for a license to operate an ambulatory surgical facility must be accompanied by the fee established by the department. The department shall establish the fee for an ambulatory surgical facility, not to exceed $500, on the basis of a sliding scale representing size, number of employees and scope of operations. All licenses must be renewed annually, or for a term of years, as required by law upon payment of a renewal fee. Hospitals shall pay a $40 renewal fee for each bed contained within the facility. Nursing and convalescent homes shall pay a $26 renewal fee for each bed contained within the facility. In the case of a license renewal that is valid for more than one year, the renewal fee must be multiplied by the number of years in the term of the license. The State's share of all fees received by the department under this chapter must be deposited in the General Fund. A license granted may not be assignable or transferable. State hospitals are not required to pay licensing fees.   [PL 2011, c. 257, §9 (AMD).]
SECTION HISTORY
PL 1967, c. 231, §4 (AMD). PL 1975, c. 491, §2 (AMD). PL 1981, c. 703, §A12 (AMD). PL 1989, c. 136, §4 (AMD). PL 1989, c. 572, §4 (AMD). PL 1989, c. 878, §A60 (RPR). PL 1991, c. 752, §2 (AMD). PL 2003, c. 20, §K4 (AMD). PL 2003, c. 507, §C1 (AMD). PL 2003, c. 507, §C4 (AFF). PL 2011, c. 257, §9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1815-A. Nursing home surcharge

§1815-A. Nursing home surcharge
In addition to the fee in section 1815, an application for a license to operate a nursing home must be accompanied by a nonrefundable surcharge of $5 for each bed contained within the facility. The surcharge must be deposited in the General Fund.   [PL 1991, c. 765, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 765, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1818. Appeals

§1818. Appeals
Any person who is aggrieved by the decision of the department in refusing to issue a license or the renewal of a license may request a hearing as provided by the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1981, c. 470, Pt. A, §72 (AMD).]
SECTION HISTORY
PL 1973, c. 303, §3 (AMD). PL 1981, c. 470, §A72 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1819. Investment of hospital trust funds

§1819. Investment of hospital trust funds
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.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1819-A. Financial disclosure

§1819-A. Financial disclosure
Each hospital licensed under this chapter must annually publicly disclose:   [PL 2005, c. 249, §1 (NEW).]
1.  IRS Form 990.
The federal Internal Revenue Service Form 990, including all related disclosable schedules, for the hospital and for each tax-exempt entity related to the hospital that is required by federal law to file that form with the Internal Revenue Service; and
[PL 2005, c. 249, §1 (NEW).]
2.  IRS Form 1120.
The federal Internal Revenue Service Form 1120 for each for-profit entity in which the hospital has a controlling interest.
[PL 2005, c. 249, §1 (NEW).]
Information required to be disclosed under this section must be submitted by the hospital to the department within 5 months after the end of the hospital's fiscal year or within 5 months after the date on which the entity files the applicable form with the Internal Revenue Service. The department shall make available for public inspection and photocopying copies of all documents required by this section and shall post those documents on the department's publicly accessible website. The department shall post a chart on the website listing each hospital and providing a link to the documents filed pursuant to subsection 1.   [PL 2009, c. 350, Pt. C, §1 (AMD).]
SECTION HISTORY
PL 2005, c. 249, §1 (NEW). PL 2009, c. 350, Pt. C, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1820. Standards

§1820. Standards
The department shall have the power to establish reasonable standards under this chapter which it finds to be necessary and in the public interest and may rescind or modify such regulations from time to time as may be in the public interest, in so far as such action is not in conflict with any of the provisions of said chapter. No standards, rules or regulations of the department pursuant to this chapter shall be adopted or enforced which would have the effect of denying a license to any hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed by physicians therein, provided such school or system of practice is recognized by the laws of this State.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1820-A. Right of entry and inspection of nursing homes and boarding homes

§1820-A. Right of entry and inspection of nursing homes and boarding homes
The department and any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules and regulations in force pursuant thereto. Such right of entry and inspection shall extend to any premises which the department has reason to believe is being operated or maintained as a nursing home without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the District Court authorizing the same. Any application for a nursing home license made pursuant to this chapter shall constitute permission for and complete acquiescence in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with such application.   [PL 1975, c. 719, §3 (AMD).]
SECTION HISTORY
PL 1967, c. 334 (NEW). PL 1975, c. 719, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1821. Violations; penalties (REPEALED)

§1821. Violations; penalties
(REPEALED)
SECTION HISTORY
PL 1967, c. 231, §6 (AMD). PL 1987, c. 774, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1822. Notice of voluntary closure of hospital, sanatorium, convalescent home, rest home, nursing home or similar institution

§1822. Notice of voluntary closure of hospital, sanatorium, convalescent home, rest home, nursing home or similar institution
Any person, including county or local government units, who is conducting, managing or operating any hospital, sanatorium, convalescent home, rest home, nursing home or institution within the meaning of this chapter and who is properly licensed therefor in accordance with this chapter shall give at least 30 days' advance notice of the voluntary closing of such facility to the patients therein and to those persons, governmental units or institutions who are primarily responsible for the welfare of those patients who are being cared for by said hospital, sanatorium, convalescent home, rest home, nursing home or institution so that adequate preparation may be made for the orderly transfer of said patients to another qualified facility.   [PL 2019, c. 501, §11 (AMD).]
SECTION HISTORY
PL 1971, c. 281 (NEW). RR 2017, c. 2, §5 (COR). PL 2019, c. 501, §11 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1822-A. Notice to nursing facility applicants

§1822-A. Notice to nursing facility applicants
If an applicant to a nursing facility has not received a preadmission assessment in accordance with section 3174‑I, the nursing facility shall provide to the applicant and any relative or friend assisting the applicant a notice prepared by the department regarding preadmission assessment. The notice must indicate that preadmission assessment is required and that, if the applicant depletes the applicant's resources and applies for Medicaid in the future, the applicant may need to leave the nursing facility if an assessment conducted at that time finds that the applicant is not medically eligible for nursing facility services.   [PL 1995, c. 170, §1 (AMD).]
SECTION HISTORY
PL 1993, c. 410, §FF8 (NEW). PL 1995, c. 170, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1823. Treatment of minors

§1823. Treatment of minors
Any hospital licensed under this chapter or alcohol or drug treatment facility licensed pursuant to section 7801 that provides facilities to a minor in connection with the prevention of a sexually transmitted infection or the treatment of that minor for a sexually transmitted infection or treatment of that minor for substance use or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the provision of such facilities so long as such facilities have been provided at the direction of the person or persons referred to in Title 32, sections 2595, 3292, 3817, 6221 or 7004. The hospital shall notify and obtain the consent of that minor's parent or guardian if that hospitalization continues for more than 16 hours.   [PL 2019, c. 236, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 145, §6 (NEW). PL 1977, c. 78, §146 (AMD). PL 1979, c. 96, §1 (AMD). PL 1979, c. 127, §142 (AMD). PL 1979, c. 663, §134 (AMD). PL 1999, c. 90, §2 (AMD). PL 2017, c. 407, Pt. A, §73 (AMD). PL 2019, c. 236, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1824. Personal funds of residents

§1824. Personal funds of residents
The operator or agent of any skilled nursing or intermediate care facility, licensed pursuant to this chapter, who manages, holds or deposits the personal funds of any resident of the facility is subject to all the procedures and provisions included in section 7857.   [PL 2001, c. 596, Pt. B, §6 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
SECTION HISTORY
PL 1975, c. 719, §4 (NEW). PL 2001, c. 596, §B6 (AMD). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1825. Smoking in nursing homes (REPEALED)

§1825. Smoking in nursing homes
(REPEALED)
SECTION HISTORY
PL 1983, c. 293 (NEW). PL 2009, c. 300, §9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 4: HOSPITALS AND MEDICAL CARE › Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS › 22 §1827. Photographs of nursing home residents

§1827. Photographs of nursing home residents
A nursing home may require an identification photograph of each resident. Photographs may not be used for any other purpose without the permission of the resident for each specific use. The permission must indicate the specific purpose which the pictures are to be used for and, except for the identification photograph, may not be contained in the admission contract or agreement.   [PL 1985, c. 291, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 291, §1 (NEW).