reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1687: BIRTH DEFECTS PROGRAM › 22 §8945. Report

§8945. Report
By the last business day of each year the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the program and the central registry. The report must include information on any findings and activities of the department with regard to birth defects and a summary of statistical information from the program and the central registry. The report may include recommendations from the department to improve the operation of the program and the central registry.   [PL 1999, c. 344, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 344, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1689: VETERANS' ADULT DAY HEALTH CARE PROGRAMS › 22 §9001. Definition

§9001. Definition
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).]
SECTION HISTORY
PL 2011, c. 444, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1689: VETERANS' ADULT DAY HEALTH CARE PROGRAMS › 22 §9002. Rules

§9002. Rules
The department shall adopt rules for veterans' adult day health care programs, which must include, but may not be limited to, rules pertaining to the health and safety of the eligible participants and staff, the quality of the program provided, the administration of medication and licensing procedures. Reimbursement to the provider of veterans' adult day health care must be at the rate of 65% of the MaineCare reimbursement for nursing facility care. The department shall use as guidance for the rules those established by the United States Department of Veterans Affairs, 38 Code of Federal Regulations, Part 52.   [PL 2011, c. 444, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 444, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1689: VETERANS' ADULT DAY HEALTH CARE PROGRAMS › 22 §9003. License

§9003. License
1.  License required.
Beginning October 1, 2011, a person may not operate a veterans' adult day health care program in this State without having obtained a license from the department.
[PL 2011, c. 444, §1 (NEW).]
2.  Fee.
The department shall by rule establish a reasonable fee for a program license.
[PL 2011, c. 444, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 444, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1689: VETERANS' ADULT DAY HEALTH CARE PROGRAMS › 22 §9004. Fire safety

§9004. Fire safety
1.  Inspection required.
A license may not be issued by the department for a veterans' adult day health care program 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 indicating that the program's facility is in compliance with the applicable fire safety provisions in subsection 2 and Title 25, section 2452.
[PL 2011, c. 444, §1 (NEW).]
2.  Life Safety Code.
The written statement under subsection 1 must be furnished annually to the department and must indicate that the veterans' adult day health care program's facility is in compliance with the requirements of the National Fire Protection Association Life Safety Code that are specified in:
A. The provisions relating to family day care homes, if the veterans' adult day health care program has no more than 6 adults per session;   [PL 2011, c. 444, §1 (NEW).]
B. The provisions relating to group day care homes, if the veterans' adult day health care program has at least 7 but no more than 12 adults per session; or   [PL 2011, c. 444, §1 (NEW).]
C. The provisions relating to child day care, if the veterans' adult day health care program has 13 or more adults per session.   [PL 2011, c. 444, §1 (NEW).]
[PL 2011, c. 444, §1 (NEW).]
3.  Fees.
The department shall establish and pay reasonable fees to the Department of Public Safety or a municipal official for each inspection under this section. Fees collected by the Department of Public Safety under this subsection must be deposited into a special revenue account to defray expenses in carrying out this section. Any balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.
[PL 2011, c. 444, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 444, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1689: VETERANS' ADULT DAY HEALTH CARE PROGRAMS › 22 §9005. Prohibited employment based on disqualifying offenses

§9005. Prohibited employment based on disqualifying offenses
1.  Prohibited employment based on disqualifying offenses.
A veterans' adult day health care program shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including, but not limited to, a certified nursing assistant or a direct care worker.
A. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).]
B. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).]
C. [PL 2015, c. 196, §16 (RP); PL 2015, c. 299, §24 (RP).]
The department may adopt rules necessary 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 2015, c. 196, §16 (AMD); PL 2015, c. 299, §24 (RPR).]
SECTION HISTORY
PL 2011, c. 444, §1 (NEW). PL 2015, c. 196, §16 (AMD). PL 2015, c. 299, §24 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9051. Short title

§9051. Short title
This chapter may be known and cited as "the Maine Background Check Center Act."   [PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9052. Background Check Center

§9052. Background Check Center
In order to promote and protect the health and safety of children and adults in need of support and care, the Background Check Center is established within the department to operate an Internet-based system that employers use to access criminal records and other background information to determine the eligibility of individuals to work in direct access positions with vulnerable Maine citizens including children, elderly persons, dependent adults and persons with disabilities. The online system is maintained by the Background Check Center in coordination with the Department of Public Safety, State Bureau of Identification and with other state and federal agencies.   [PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9055. Background Check Center funding and fees

§9055. Background Check Center funding and fees
After the initial construction and operational phase, the Background Check Center is funded through user fees as provided in this section.   [PL 2015, c. 299, §25 (NEW).]
1.  User fee.
The department shall adopt rules to establish Background Check Center user fees. The user fee must reasonably reflect the necessary costs to maintain, operate and develop the Background Check Center. The user fee must be no less than $25 and no more than $150. 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.  Special revenue account.
Revenue generated pursuant to this section must be deposited in a special revenue account in the division of licensing and certification and dedicated for Background Check Center operations.
[PL 2023, c. 241, §70 (AMD).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §70 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9058. Grandfathered employees (REPEALED)

§9058. Grandfathered employees
(REPEALED)
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §77 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9059. Prohibitions

§9059. Prohibitions
1.  Prohibited employment.
An employer is subject to the penalties imposed by this chapter for hiring, placing or continuing to employ, other than conditionally as described in this chapter or by rule, an unsupervised direct access worker who has a known disqualifying offense or who has not been subject to a background check and issued a nondisqualifying report from the Background Check Center or who has not been granted a waiver as described in this chapter.
[PL 2015, c. 299, §25 (NEW).]
2.  Refusal to participate; employer.
The Background Check Center shall issue a disqualifying background check report for individuals who refuse to participate in the background check reporting process as described in this chapter, and the employer is subject to the penalties imposed by this chapter for allowing the individual to commence or continue direct access employment.
[PL 2015, c. 299, §25 (NEW).]
3.  Good cause termination.
A disqualifying offense that appears in the record of an individual submitted for a background check or a disqualifying offense that was not reported in an earlier background check report or an offense that an individual concealed from the employer or a failure to obtain or maintain a waiver constitutes good cause for termination of the individual's direct access employment.
[PL 2015, c. 299, §25 (NEW).]
4.  Refusal to participate; employee.
An employee's refusal to participate in the background check reporting process under this chapter constitutes good cause for termination of direct access employment.
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9060. Documentation

§9060. Documentation
1.  Employer documentation.
An employer subject to this chapter shall conduct and document the background check process in accordance with the requirements of this chapter and rules adopted pursuant to this chapter.
[PL 2015, c. 299, §25 (NEW).]
2.  Data storage.
An employer shall manage and store, electronically or on paper, the data provided by the Background Check Center in a manner that allows for verification that the employer conducted the background check in compliance with this chapter and other relevant state and federal laws. Employer documentation must be made available to the department upon request.
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9061. Confidentiality

§9061. Confidentiality
A criminal background check record and other personally identifiable information provided to an employer in compliance with this chapter are confidential. An employer may use this information only to determine the eligibility of an individual for new or continued employment, and the personally identifiable information or background check record may not be disseminated in any way that does not comply with this chapter or other applicable laws.   [PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9062. Penalties

§9062. Penalties
1.  Conduct subject to penalties.
An employer may be subject to the penalties under this chapter for any of the following:
A. Failure to conduct a mandatory background check;   [PL 2015, c. 299, §25 (NEW).]
B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter;   [PL 2023, c. 241, §79 (AMD).]
C. Substantial noncompliance with the procedures established by this chapter; and   [PL 2023, c. 241, §80 (AMD).]
D. Failure to enroll in the Background Check Center.   [PL 2023, c. 241, §81 (NEW).]
[PL 2023, c. 241, §§79-81 (AMD).]
2.  Fines.
An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection.
A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.   [PL 2015, c. 299, §25 (NEW).]
B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter.   [PL 2015, c. 299, §25 (NEW).]
C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation.   [PL 2015, c. 299, §25 (NEW).]
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§79-81 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9063. Administrative penalties

§9063. Administrative penalties
1.  Licensing actions.
The penalties and fines described in this chapter do not limit the State's licensing authority to pursue an adverse action against an employer who fails to comply with or who commits a civil violation described in this chapter.
[PL 2015, c. 299, §25 (NEW).]
2.  Licensing penalties.
An employer's failure to comply with the requirements of this chapter may be subject to the following administrative penalties in addition to any other remedies authorized by law:
A. Denial of a license or certification or registration needed to provide services to protected individuals;   [PL 2015, c. 299, §25 (NEW).]
B. Termination or revocation of the license or certification or registration relied upon to provide services to protected individuals; and   [PL 2015, c. 299, §25 (NEW).]
C. Revocation of rate agreements or service contracts with the State relevant to services authorized by the license or certification.   [PL 2015, c. 299, §25 (NEW).]
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9064. Appeal by employer

§9064. Appeal by employer
The imposition of sanctions, other than licensing sanctions, pursuant to this chapter may be appealed by an employer pursuant to Title 5, chapter 375.   [PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9065. Rules; contracts

§9065. Rules; contracts
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).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT › 22 §9066. Portability

§9066. Portability
1.  Portability authorized.
A direct access worker may choose to transfer the worker's background check report to another employer. The direct access worker may choose to transfer confidential information contained in the worker's background check report, as long as the background check used a biometric identifier, when:
A. The direct access worker agrees to submit to the requirements of this chapter;   [PL 2023, c. 241, §82 (NEW).]
B. The direct access worker signs a statement releasing the confidential information to the new employer;   [PL 2023, c. 241, §82 (NEW).]
C. The employer verifies and documents that the direct access worker has submitted the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and   [PL 2023, c. 241, §82 (NEW).]
D. The employer ensures the background check was completed within the last 5 years and enters the direct access worker into the rap back monitoring program.   [PL 2023, c. 241, §82 (NEW).]
[PL 2023, c. 241, §82 (NEW).]
SECTION HISTORY
PL 2023, c. 241, §82 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 1: GENERAL PROVISIONS › 22-A §101. Definitions

§101. Definitions
As used in this Title, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 689, Pt. A, §1 (NEW).]
1.  Commissioner.
"Commissioner" means the Commissioner of Health and Human Services.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
1-A.  Adult developmental services.
"Adult developmental services" has the same meaning as in Title 34‑B, section 1001, subsection 1‑A.
[PL 2011, c. 542, Pt. A, §49 (NEW).]
1-B.  Acquired brain injury.
"Acquired brain injury" has the same meaning as in Title 22, section 3086, subsection 1.
[PL 2021, c. 284, Pt. A, §1 (NEW).]
2.  Department.
"Department" means the Department of Health and Human Services.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
3.  Seal.
The department has an official seal which must be judicially noticed.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 689, §A1 (NEW). PL 2011, c. 542, Pt. A, §49 (AMD). PL 2021, c. 284, Pt. A, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §201. Department established

§201. Department established
1.  Establishment.
The Department of Health and Human Services is established as a cabinet-level department.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
2.  Units.
[PL 2007, c. 539, Pt. N, §41 (RP).]
2-A.  Division of departmental responsibilities.
The responsibilities of the department are divided as follows:
A. Financial responsibilities, including but not limited to budget forecasting; audit; Medicaid finance, program and fiscal coordination; purchased services; and ratesetting;   [PL 2007, c. 539, Pt. N, §42 (NEW).]
B. Healthcare management and quality responsibilities, including but not limited to licensing and regulatory services, quality improvement, facilities management, Medicaid services oversight, public assistance eligibility and public health and disease control and prevention; and   [PL 2007, c. 539, Pt. N, §42 (NEW).]
C. Integrated services responsibilities, including but not limited to:
(1) Adult and elder services, including but not limited to aging, substance use disorder, mental health and disability services;
(2) Child and family services responsibilities, including but not limited to child welfare, children's behavioral health and early childhood services; and
(3) Regional operations.   [PL 2017, c. 407, Pt. A, §89 (AMD).]
[PL 2017, c. 407, Pt. A, §89 (AMD).]
SECTION HISTORY
PL 2003, c. 689, §A1 (NEW). PL 2005, c. 412, §5 (AMD). PL 2007, c. 539, Pt. N, §§41, 42 (AMD). PL 2017, c. 407, Pt. A, §89 (AMD).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §202. Mission; guiding principles

§202. Mission; guiding principles
1.  Mission.
The mission of the department is to provide health and human services to the people of Maine so that all persons may achieve and maintain their optimal level of health and their full potential for economic independence and personal development. Within available funds, the department shall provide supportive, preventive, protective, public health and intervention services to children, families and adults, including the elderly and adults with disabilities. The department shall endeavor to assist individuals in meeting their needs and families in providing for the developmental, health and safety needs of their children, while respecting the rights and preferences of the individual or family.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
2.  Guiding principles.
The following principles are adopted to guide the department. In the performance of its duties, the department shall strive to:
A. Improve the health and well-being of Maine residents, with this goal guiding all decisions, programs and services of the department;   [PL 2003, c. 689, Pt. A, §1 (NEW).]
B. Treat consumers with respect and dignity;   [PL 2003, c. 689, Pt. A, §1 (NEW).]
C. Treat service providers with professionalism and collegiality;   [PL 2003, c. 689, Pt. A, §1 (NEW).]
D. Value and support department staff as the critical connection to the consumer;   [PL 2003, c. 689, Pt. A, §1 (NEW).]
E. Involve consumers, providers, advocates and staff in long-term planning;   [PL 2003, c. 689, Pt. A, §1 (NEW).]
F. Use relevant, meaningful data and objective analyses of population-based needs in program planning, decision making and quality assurance; and   [PL 2003, c. 689, Pt. A, §1 (NEW).]
G. Deliver services that are individualized, family-centered, easily accessible, preventive, independence-oriented, interdisciplinary, collaborative, evidence-based and consistent with best practices.   [PL 2003, c. 689, Pt. A, §1 (NEW).]
[PL 2003, c. 689, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 689, §A1 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §204. Commissioner

§204. Commissioner
The department is under the control and supervision of the Commissioner of Health and Human Services, who reports directly to the Governor.   [PL 2003, c. 689, Pt. A, §1 (NEW).]
1.  Appointment.
The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and confirmation by the Senate. The commissioner serves at the pleasure of the Governor.
[PL 2003, c. 689, Pt. A, §1 (NEW).]
2.  Vacancy; deputy commissioner.
A vacancy in the office of the commissioner must be filled as follows.
A. Any vacancy of the commissioner's position must be filled in accordance with Title 5, section 1.   [PL 2003, c. 689, Pt. A, §1 (NEW).]
B. The commissioner shall appoint one of the department's deputy commissioners to perform the duties of the commissioner, in addition to the duties of that deputy commissioner, during the commissioner's temporary absence or disability.   [PL 2003, c. 689, Pt. A, §1 (NEW).]
[PL 2003, c. 689, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 689, §A1 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §208. Maintenance of state mental health institutes

§208. Maintenance of state mental health institutes
The commissioner shall maintain 2 state mental health institutes for the mentally ill, one at Bangor called the Dorothea Dix Psychiatric Center and the other at Augusta called the Riverview Psychiatric Center.   [PL 2007, c. 539, Pt. N, §47 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §47 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §209. Municipal grants

§209. Municipal grants
The department is authorized to make grants to cities and towns within the State, or to nonprofit corporations organized for purposes related to public health or welfare, out of federal funds when such grants are permitted by the terms under which the federal funds are available. Such grants must be made in conformity with applicable federal requirements and standards and with appropriate state accounting requirements and in accordance with regulations of the department.   [PL 2007, c. 539, Pt. N, §48 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §48 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §210. Fees for service

§210. Fees for service
1.  Reasonable fees authorized.
The department may charge reasonable fees for any services provided under this Title, Title 5, Title 22 or Title 34‑B, whether directly or indirectly provided by the department. Any fees thus received constitute a permanent fund for use by the department as special revenue income and do not become part of the General Fund. Fees so generated must be used in accordance with federal regulations.
[PL 2007, c. 539, Pt. N, §49 (NEW).]
2.  Sliding fee scale.
The department may establish a sliding fee scale for the provision of community-based purchased services administered by the department.
A. The sliding fee scale must be based on gross family income and family size.   [PL 2007, c. 539, Pt. N, §49 (NEW).]
B. Any fees charged as a result of implementing this subsection must be paid to the provider of the service and be used by the provider for additional services of the same or related type for which the fees were paid.   [PL 2007, c. 539, Pt. N, §49 (NEW).]
[PL 2007, c. 539, Pt. N, §49 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §49 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §211. Federal funds and commodities

§211. Federal funds and commodities
The commissioner, with the consent and approval of the Governor, is authorized and empowered to accept any allotments of federal funds and commodities, to manage and dispose of the same in whatever manner required by federal law and put into effect the United States Social Security Act and any amendments of that act and of other federal acts relating to public welfare.   [PL 2007, c. 539, Pt. N, §50 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §50 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §212. Coordination and reporting on expenditure of funds pertaining to homeland security and bioterrorism prevention

§212. Coordination and reporting on expenditure of funds pertaining to homeland security and bioterrorism prevention
The commissioner shall coordinate in a mutually agreed upon manner with the Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management on the planning and expenditure of all federal funds received by the department for homeland security emergency preparedness purposes or for the prevention of bioterrorism and provide a report annually, beginning December 15, 2008, to the Homeland Security Advisory Council established in Title 37-B, section 708. The advisor for the Homeland Security Advisory Council shall report by January 15th of each year, beginning in 2009, on the expenditure of such funds to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. The report must include, but is not limited to, the amount of funds expended in the prior year, the purpose of those expenditures, the effect of those expenditures on homeland security and bioterrorism prevention and the plans for coordination with the Maine Emergency Management Agency for the expenditure of the funds received or anticipated for such purposes in the 2 years following submission of the report.   [PL 2007, c. 539, Pt. N, §51 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §51 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §213. Funds for social services

§213. Funds for social services
The department shall administer any funds that may be available from private, local, state or federal sources for the provision of social services as defined by the department. Within any limitation that may apply from the sources of such funds, the department may provide said social services itself, or assure itself of the provision of such services by purchase of services, by contracts or by grants, or by joint provision of services, by contracts or by grants, or by joint provision of services with other agencies through matching agreements.   [PL 2007, c. 539, Pt. N, §52 (NEW).]
The department shall adopt rules as necessary to define eligibility for social services, contractual terms, conditions for grants, matching ratios and quality of performance standards and such others as are necessary for the administration of this section. These rules must be published and subject to a 30-day public review prior to taking final effect.   [PL 2007, c. 539, Pt. N, §52 (NEW).]
The department may expend any unidentified child support payments and any interest earned on those funds that the department has received when the department cannot identify the child for which payment was made. The department may expend these funds only in its efforts to enforce child support laws in accordance with Title 19‑A, chapters 53, 63, 65 and 67. Before making any expenditure, the department must wait at least 12 months from the date the unidentified funds were received.   [PL 2007, c. 539, Pt. N, §52 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §52 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §215. State wards

§215. State wards
When a state ward becomes 18 years of age and the state ward and the department agree that need for care and support for educational, social or physical reasons exists, the department is authorized to continue care and support of this person up to 21 years of age.   [PL 2007, c. 539, Pt. N, §54 (NEW).]
When a state ward who is enrolled in a postsecondary education program becomes 21 years of age prior to the completion of the postsecondary education program, the department is authorized, at its discretion and by agreement with that state ward, to continue providing support for room, board and related education expenses until the state ward becomes 23 years of age. Funds allocated under this section must come from an identified education and training account specifically established for the postsecondary education-related costs of state wards after they become 21 years of age and before they become 23 years of age.   [PL 2007, c. 539, Pt. N, §54 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. N, §54 (NEW).
2023 Maine Revised Statutes › TITLE 22-A: HEALTH AND HUMAN SERVICES › Subtitle 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES › Chapter 1: DEPARTMENTAL ORGANIZATION AND OPERATION › Subchapter 2: ORGANIZATION › 22-A §216. Health Care Liability Retirement Fund (REPEALED)

§216. Health Care Liability Retirement Fund
(REPEALED)
SECTION HISTORY
PL 2013, c. 269, Pt. B, §1 (NEW). PL 2023, c. 189, Pt. H, §1 (RP). PL 2023, c. 189, Pt. H, §6 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 1: GENERAL PROVISIONS › 23 §1. Objectives

§1. Objectives
The objectives of chapters 1 to 19 are to establish a Department of Transportation; to provide for an interlocking system of state and state aid highways; to furnish state aid for county and town highways and bridges; to provide for the continuous maintenance of all highways and bridges to the improvement of which the State has contributed or shall hereafter contribute unless otherwise provided by law; to provide for the equitable distribution of the proceeds of state bonds issued for the construction of highways and bridges; and to cooperate with the Federal Government in the construction of highways and bridges.   [PL 1981, c. 492, Pt. C, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 492, §C1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 1: GENERAL PROVISIONS › 23 §2. Rules of construction

§2. Rules of construction
The rules of construction in Title 1, chapter 3, shall apply to chapters 1 to 19. As used in chapters 1 to 19, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1981, c. 470, Pt. A, §120 (RPR).]
1.  Compact or built-up section.
"Compact" or "built-up section" means a section of the highway where structures are nearer than 200 feet apart for a distance of 1/4 of a mile, unless otherwise defined.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
2.  Highway.
"Highway" means all of the right-of-way that may have been laid out by the State, county or town.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
3.  Maintenance.
"Maintenance" includes the restoring of reconstructed and improved highways to their condition when improved and shall be applicable only to highways to the improvement of which the State has contributed or shall hereafter contribute, except as otherwise provided.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
4.  Municipal officers.
"Municipal officers" includes county commissioners having jurisdiction over highways in unincorporated townships.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
5.  Town.
"Town" includes cities, towns, organized plantations and unincorporated townships, except as otherwise indicated.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
6.  Valuation.
"Valuation" means the valuation last made by the State Tax Assessor.
[PL 1981, c. 470, Pt. A, §120 (NEW).]
SECTION HISTORY
PL 1973, c. 537, §24 (AMD). PL 1981, c. 470, §A120 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §51. Appointment; tenure; reports (REPEALED)

§51. Appointment; tenure; reports
(REPEALED)
SECTION HISTORY
PL 1967, c. 490, §8 (AMD). PL 1969, c. 504, §§37,38 (AMD). PL 1971, c. 593, §4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §52. General powers and duties

§52. General powers and duties
The Department of Transportation, referred to in this chapter as "the department," may from time to time make and shall enforce rules and regulations relating to the planning, design, engineering, construction, improvement, maintenance and use of transportation infrastructure. The department may from time to time make and shall enforce rules relating to the manner of conducting all investigations and hearings and the administration of its office, powers and duties. The department shall direct the expenditure of all money for the planning, design, engineering, construction, improvement, demolition, maintenance and use of all transportation infrastructure for which state funds are provided by law. The department may conduct traffic survey interviews and other statistical studies on the state highway system as considered necessary for the use in planning and development of the statewide highway system. The department may obtain leases for such land and office space as the department considers necessary for the performance of its duties. As used in this section, "transportation infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to such modes.   [PL 2007, c. 306, §1 (AMD).]
The department has full power to purchase all supplies, materials and equipment that are incidental to, or necessary for, project-specific construction, improvement or maintenance of transportation infrastructure. The purchase of supplies, materials and equipment for nonproject-specific purposes must be made through the State Purchasing Agent as provided by law. For the purposes of this section, unless the context otherwise indicates, "project-specific" means relating to a specific location for a limited duration, as opposed to perennial, nonlocation-specific activities. The department may be consulted by and shall, without charge, advise municipal officers and road commissioners on the subject of construction, improvement and maintenance of public highways, bridges and other structures. The department shall whenever practicable give preference in employment to the inhabitants of the town in which such highways are located.   [PL 2005, c. 313, §2 (RPR).]
The department may adopt its own guidelines for determining the reasonableness and permissibility of various cost factors, including, but not limited to, salary limits, benefits and expense reimbursement. Notwithstanding any other federal or state law to the contrary, the department's guidelines must be used in lieu of federally mandated provisions.   [PL 2005, c. 313, §2 (RPR).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1973, c. 625, §128 (AMD). PL 1997, c. 52, §1 (AMD). PL 2005, c. 313, §2 (RPR). PL 2007, c. 306, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §52-A. Retention of part of contract price and settlement of claims by subcontractors (REPEALED)

§52-A. Retention of part of contract price and settlement of claims by subcontractors
(REPEALED)
SECTION HISTORY
PL 1979, c. 580 (NEW). PL 1989, c. 165, §3 (AMD). PL 2013, c. 36, §3 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §53. Classification of highways

§53. Classification of highways
1.  Classification.
The department shall cause charts and maps to be made showing the location and mileage of all highways in the State, and shall classify the highways of the State, and may, from time to time, amend that classification, namely: First, state highways, which mean a system of connected main highways throughout the State which primarily serve arterial or through traffic; 2nd, state aid highways, which mean those highways not included in the system of state highways which primarily serve as collector and feeder routes connecting local service roads to the arterial state highway system; and 3rd, town ways, which mean all other highways not included in the first 2 classes, which are maintained by the towns and primarily serve as local service roads providing access to adjacent land. The criteria to be used in the classification of highways shall be considered rulemaking and subject to Title 5, chapter 375, subchapter II.
[PL 1981, c. 702, Pt. Z, §1 (NEW).]
2.  Maintenance, repair and upkeep.
The maintenance, repair and upkeep of any and all state and state aid highways that are reclassified as towns ways pursuant to subsection 1 shall be the responsibility of the respective towns in which those ways lie and any and all rights of the State in those highways are transferred to the respective towns for those purposes.
[PL 1981, c. 702, Pt. Z, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 492, §C2 (AMD). PL 1981, c. 702, §Z1 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §53-A. Seasonal parkways

§53-A. Seasonal parkways
1.  Classification.
The department may lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate as a state highway seasonal access road roads to public recreational areas which shall be classified "seasonal parkways."
[PL 1971, c. 593, §22 (AMD).]
2.  Limitations.
Such public highway shall be subject to the following conditions or limitations.
A. It shall be designed, constructed and maintained for seasonal use only, except as otherwise provided in this section.   [PL 1971, c. 556 (NEW).]
B. It shall be primarily for noncommercial vehicle and light-load commercial vehicle use.   [PL 1971, c. 556 (NEW).]
C. Access may be allowed only at public highway intersections designated by the department or at private road intersections approved by the department.   [PL 1971, c. 593, §22 (AMD).]
D. Construction standards shall be commensurate with public seasonal use and need as shall be determined by the department.   [PL 1971, c. 593, §22 (AMD).]
E. The department shall have full power and authority to regulate the use of seasonal parkways which shall include, but not be limited to, utility installations, speed and load weight, and snowmobiling.   [PL 1971, c. 593, §22 (AMD).]
F. The department may develop the natural scenic beauty along and adjacent to seasonal parkways.   [PL 1971, c. 593, §22 (AMD).]
G. The department shall close seasonal parkways to motor vehicular use for such seasonal periods deemed consistent with the public use and deemed expedient for the reduction of maintenance costs and undue abuse or deterioration to the highway caused by use during periods when adverse climatic conditions prevail. The road, or portions thereof, shall be officially closed when the department erects appropriate barricades across the way with a conspicuous notice posted thereon which shall set forth the time period the road shall remain closed.   [PL 1971, c. 593, §22 (AMD).]
H. The construction, reconstruction, improvement and maintenance of seasonal parkways and bridges thereon shall be borne wholly by the State under allocations for state highways and the department may contract for construction, reconstruction, improvement or maintenance as with state highways.   [PL 1971, c. 593, §22 (AMD).]
I. The department may make and enforce rules and regulations relating to construction and maintenance of seasonal parkways.   [PL 1971, c. 593, §22 (AMD).]
J. The department shall not designate, lay out or construct and maintain any seasonal parkway until and unless an adequate right-of-way be conveyed to the State without cost and a waiver filed for any and all damages which may result to the remaining land from the construction and further, such conveyance shall include such rights of access as the department requires.   [PL 1971, c. 593, §22 (AMD).]
[PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 556 (NEW). PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §54. Highway openings

§54. Highway openings
Wherever highways maintained by the State are affected, whether the highways are situated in cities, towns or plantations, the department has all and the same rights, powers and duties in connection therewith as are granted to cities in city streets by sections 3351 to 3359, and to cities and towns by Title 35‑A, sections 2306 and 2310. Whenever the opening fee provided by section 3354 or by Title 35‑A, section 2510, has been paid to the department and a permit for digging up and opening a highway maintained by the State has been issued by the department, the holder of the permit is entitled to make the opening described therein without the payment of fees to the city or town or village corporation in which the street, road or highway to be opened is situated.   [PL 1997, c. 393, Pt. A, §24 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1987, c. 141, §B16 (AMD). PL 1997, c. 393, §A24 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §55. Assistance in collection of gas tax (REPEALED)

§55. Assistance in collection of gas tax
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 456, §A71 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §56. Officers to enforce orders regarding restricted travel; sheriffs

§56. Officers to enforce orders regarding restricted travel; sheriffs
The department may appoint any person in its employ whose special duty it shall be to enforce the statutes and orders promulgated thereunder which prohibit or restrict the passage of vehicles and trailers over ways and bridges, or designated sections thereof, under such conditions or in such manner as may cause undue damage to any such way or bridge. Every such person shall be appointed in writing by the department to serve during its pleasure and shall have the same power as sheriffs and their deputies to arrest and prosecute all persons caught violating said statutes and orders within the territorial limits designated in his appointment. He shall be entitled to the same fees as sheriffs and their deputies for like services.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).