reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7857. Personal funds of residents

§7857. Personal funds of residents
1.  Permission to manage personal funds.
An operator or agent of an assisted housing facility may not manage, hold or deposit in a financial institution the personal funds of a resident of the facility unless the operator or agent has received written permission from:
A. The resident if the resident does not have a guardian, trustee or conservator;   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
B. The resident's guardian, trustee or conservator if that person exists and can be reached; or   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
C. The department if a guardian, trustee or conservator exists but cannot be reached.   [PL 2023, c. 176, §27 (AMD).]
[PL 2023, c. 176, §27 (AMD).]
2.  Itemized accounting.
An operator or agent of an assisted housing facility who, after receiving written permission pursuant to subsection 1, manages or holds the personal funds of a resident shall maintain an account for these funds, which must include for each resident a separate, itemized accounting for the use of that resident's personal funds with supporting documentation for every expenditure in excess of $2.
[PL 2023, c. 176, §28 (AMD).]
3.  Depositing personal funds.
The department may require an operator or agent of an assisted housing facility to deposit in a financial institution the personal funds of a resident if the resident has a guardian, trustee or conservator who cannot be reached.
[PL 2023, c. 176, §29 (AMD).]
4.  Use of personal funds by operator prohibited.
Under no circumstances may an operator or agent of an assisted housing facility use the personal funds of a resident for the operating costs of the facility or for services or items that are reimbursed by a 3rd party. The personal funds of a resident may not be commingled with the business funds of the facility or with the personal funds or accounts of the owner, a member of the owner's family or an employee of the facility.
[PL 2023, c. 176, §30 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2023, c. 176, §§27-30 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7858. Certain residential care payments

§7858. Certain residential care payments
The department shall:   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
1.  Facilities with 4 or fewer beds.
Reimburse all residential care facilities of up to 4 beds at a rate of at least $433 per month; and
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
2.  Facilities with 5 or 6 beds.
Reimburse all residential care facilities of 5 or 6 beds whose residents do not have severe mental or physical dysfunction or disability on a flat rate basis of at least $601 per month.
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7859. Residents' records

§7859. Residents' records
Whenever there are pertinent and available health and other records about a person who seeks admission as a resident to a residential care facility, those records must be provided to the administrator of the facility at least 7 days prior to the date of admission, unless there are compelling reasons that make this impossible or impractical. If there are compelling reasons, including, but not limited to, emergency situations, the administrator must receive, by not later than the date of admission, a written note that:   [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
1.  Reasons explained.
Explains the compelling reasons why the records could not be provided 7 days prior to the date of admission; and
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
2.  When records will be provided.
If the records have not yet been received, states by when the records will be provided.
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
This section may not be construed to mean that a resident who is not a client of the department is required, as a condition of admission, to provide records to the administrator of the residential care facility.   [RR 2003, c. 2, §81 (COR).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). RR 2003, c. 2, §81 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7860. Shared staffing

§7860. Shared staffing
The department shall permit shared staffing within multi-level health care facilities as long as there is a clear, documented audit trail and the staffing in the residential care facilities remains adequate to meet the needs of residents. Staffing to be shared may be based on the average number of hours used per week or month within the assisted housing facility. For the purposes of this section, "shared staffing" means the use of licensed and unlicensed personnel who are employed, directly or under a contract, by a multi-level health care facility in more than one level of care provided by a single entity.   [PL 2023, c. 176, §31 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2023, c. 176, §31 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7862. Contracts for assisted living services

§7862. Contracts for assisted living services
Except as provided by subsection 2-A, all contracts or agreements executed by providers of assisted living services under this chapter and a consumer or the legal representative of the consumer are subject to the requirements of this section.   [PL 2023, c. 89, §4 (AMD).]
1.  Required contract provisions.
Each contract or agreement for assisted living services must contain the provisions designated as required in the standardized contract adopted by the department by rule pursuant to Public Law 1999, chapter 731, Part BBBB, section 5 and may contain additional provisions as allowed under subsection 2.
[PL 2003, c. 546, §1 (NEW).]
2.  Other contract provisions.
In addition to the provisions required under subsection 1, each contract or agreement for assisted living services may contain provisions that do not violate a state law or rule or federal law or regulation. A contract or agreement must be consistent with the rules adopted by the department applicable to the type of assisted living services provided.
[PL 2003, c. 546, §1 (NEW).]
2-A.  Exception.
This section does not apply to a contract for the provision of services in a setting for an adult with an acquired brain injury, an intellectual disability, autism spectrum disorder, as defined in Title 34-B, section 6002, subsection 1, or a related condition, as defined in Title 34-B, section 5001, subsection 5-A.
[RR 2023, c. 1, Pt. A, §18 (COR).]
3.  Rulemaking.
The commissioner shall adopt rules to implement this section. The rules must be developed in consultation with the long-term care ombudsman program established under section 5107‑A, consumer representatives and providers of assisted living services. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 546, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 546, §1 (NEW). PL 2023, c. 89, §§4, 5 (AMD). RR 2023, c. 1, Pt. A, §18 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7901. Definitions (REPEALED)

§7901. Definitions
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1979, c. 725, §1 (AMD). PL 1981, c. 196, §1 (AMD). PL 1981, c. 260, §2 (AMD). PL 1985, c. 770, §5 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7901-A. Definitions (REPEALED)

§7901-A. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §6 (NEW). PL 1987, c. 304, §§1,2 (AMD). PL 1987, c. 769, §A80 (AMD). PL 1993, c. 661, §7 (AMD). PL 1995, c. 670, §A5 (RP). PL 1995, c. 670, §D5 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7901-B. Assisted living programs and services authorized (REPEALED)

§7901-B. Assisted living programs and services authorized
(REPEALED)
SECTION HISTORY
PL 1995, c. 670, §A6 (NEW). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7901-C. Definitions (REPEALED)

§7901-C. Definitions
(REPEALED)
SECTION HISTORY
PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1995, c. 670, §A6 (NEW). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 354, §3 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7902. Rules (REPEALED)

§7902. Rules
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 497, §4 (AMD). PL 1977, c. 694, §377 (AMD). PL 1985, c. 770, §7 (AMD). PL 1989, c. 355, §2 (AMD). PL 1993, c. 661, §8 (AMD). PL 1995, c. 670, §A7 (RP). PL 1995, c. 670, §D5 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7902-A. Rules (REPEALED)

§7902-A. Rules
(REPEALED)
SECTION HISTORY
PL 1995, c. 670, §A8 (NEW). PL 1995, c. 670, §D5 (AFF). PL 1997, c. 260, §1 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7903. Fees for licensure (REPEALED)

§7903. Fees for licensure
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1985, c. 770, §8 (AMD). PL 1991, c. 528, §§J7,8 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §§J7,8 (AMD). PL 1993, c. 661, §9 (AMD). PL 1995, c. 670, §A9 (RPR). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7904. Fire safety inspection (REPEALED)

§7904. Fire safety inspection
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1975, c. 770, §94 (AMD). PL 1981, c. 196, §§2,3 (AMD). PL 1985, c. 770, §9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7904-A. Fire safety inspection for residential care facilities (REPEALED)

§7904-A. Fire safety inspection for residential care facilities
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §10 (NEW). PL 1987, c. 304, §§3,4 (AMD). PL 1993, c. 661, §10 (AMD). PL 1995, c. 670, §A10 (AMD). PL 1995, c. 670, §D5 (AFF). PL 1997, c. 728, §9 (AMD). PL 2001, c. 531, §§1-3 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF). PL 2007, c. 466, Pt. A, §43 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7904-B. Fire safety inspection for congregate housing services facilities (REPEALED)

§7904-B. Fire safety inspection for congregate housing services facilities
(REPEALED)
SECTION HISTORY
PL 1995, c. 670, §A11 (NEW). PL 1995, c. 670, §D5 (AFF). PL 1997, c. 728, §10 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7905. Personal funds of residents (REPEALED)

§7905. Personal funds of residents
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1985, c. 770, §11 (AMD). PL 1991, c. 69, §§2,3 (AMD). PL 1993, c. 661, §11 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7906. Reimbursements to small boarding care facilities (REPEALED)

§7906. Reimbursements to small boarding care facilities
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1985, c. 770, §12 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7906-A. Reimbursements to small boarding homes for mentally retarded persons (REPEALED)

§7906-A. Reimbursements to small boarding homes for mentally retarded persons
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §13 (NEW). PL 1993, c. 661, §12 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7907. Boarding care payments (REPEALED)

§7907. Boarding care payments
(REPEALED)
SECTION HISTORY
PL 1977, c. 708, §1 (NEW). PL 1985, c. 791, §1 (RPR). PL 1989, c. 502, §§A82,A83 (AMD). PL 1991, c. 622, §M29 (AMD). PL 1993, c. 661, §13 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7908. Approval by department; rules (REPEALED)

§7908. Approval by department; rules
(REPEALED)
SECTION HISTORY
PL 1979, c. 725, §2 (NEW). PL 1985, c. 770, §14 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7909. Residents' records (REPEALED)

§7909. Residents' records
(REPEALED)
SECTION HISTORY
PL 1981, c. 196, §4 (NEW). PL 1981, c. 493, §2 (AMD). PL 1993, c. 661, §14 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7910. Assessment of and care planning for adult boarding home and foster home residents who receive state assistance; rules (REPEALED)

§7910. Assessment of and care planning for adult boarding home and foster home residents who receive state assistance; rules
(REPEALED)
SECTION HISTORY
PL 1983, c. 844, §1 (NEW). PL 1993, c. 661, §15 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7911. Nonambulatory and mobile nonambulatory residents; temporarily disabled (REPEALED)

§7911. Nonambulatory and mobile nonambulatory residents; temporarily disabled
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §15 (NEW). PL 1993, c. 661, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7912. Nonambulatory and mobile nonambulatory residents; permanently disabled (REPEALED)

§7912. Nonambulatory and mobile nonambulatory residents; permanently disabled
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §15 (NEW). PL 1985, c. 819, §§C3,4 (AMD). PL 1989, c. 19, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7912-A. Nonambulatory and mobile nonambulatory residents; permanently disabled (REPEALED)

§7912-A. Nonambulatory and mobile nonambulatory residents; permanently disabled
(REPEALED)
SECTION HISTORY
PL 1989, c. 19, §2 (NEW). PL 1993, c. 661, §§17,18 (AMD). PL 1997, c. 728, §11 (AMD). PL 1999, c. 384, §1 (AMD). PL 2001, c. 531, §4 (RP). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7913. Conflict of intent prohibited (REPEALED)

§7913. Conflict of intent prohibited
(REPEALED)
SECTION HISTORY
PL 1985, c. 770, §15 (NEW). PL 1993, c. 661, §19 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7914. Shared staffing (REPEALED)

§7914. Shared staffing
(REPEALED)
SECTION HISTORY
PL 1995, c. 670, §A12 (NEW). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7915. Administration of congregate housing services programs funded by the State; eligible clients (REPEALED)

§7915. Administration of congregate housing services programs funded by the State; eligible clients
(REPEALED)
SECTION HISTORY
PL 1995, c. 670, §A12 (NEW). PL 1995, c. 670, §D5 (AFF). PL 1999, c. 384, §2 (AMD). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1665: ASSISTED LIVING PROGRAMS › 22 §7916. Contracts for assisted living services (REPEALED)

§7916. Contracts for assisted living services
(REPEALED)
SECTION HISTORY
PL 2001, c. 279, §1 (NEW). PL 2001, c. 596, §A2 (RP). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666: PATIENTS' RIGHTS › 22 §7921. Intent

§7921. Intent
It is the intent of the Legislature to establish a mechanism for residents of long-term care facilities in this State to articulate their rights and to be responsible for the protection of those rights.   [PL 1981, c. 445 (NEW).]
SECTION HISTORY
PL 1981, c. 445 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666: PATIENTS' RIGHTS › 22 §7922. Definitions

§7922. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1981, c. 445 (NEW).]
1.  Long-term care facility.
"Long-term care facility" means any facility program of assisted living licensed pursuant to chapters 1663 and 1664, and any nursing facility or unit licensed pursuant to chapter 405.
[PL 2001, c. 596, Pt. B, §13 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
2.  Resident.
"Resident" means any person who lives in and receives services or care in a long-term care facility.
[PL 1981, c. 445 (NEW).]
SECTION HISTORY
PL 1981, c. 445 (NEW). PL 1991, c. 69, §4 (AMD). PL 1993, c. 661, §20 (AMD). PL 1995, c. 670, §B7 (AMD). PL 1995, c. 670, §D5 (AFF). PL 2001, c. 596, §B13 (AMD). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666: PATIENTS' RIGHTS › 22 §7923. Residents' council

§7923. Residents' council
1.  Establishment; composition.
Each long-term care facility shall inform residents of their right to establish a council. This information must be given to all residents and a family member or designated representative for those residents on admission and must be posted prominently in the facility.
The administrator shall assist residents in establishing a residents' council, if the residents choose to establish one. If there is no council, at least once each year residents must be given the choice to establish one. A majority vote prevails.
The council shall draw up bylaws. The council may meet as often as specified in the bylaws, but at least quarterly. No employee or representative of the facility may be a member of the council. Family members may sit on the council, but may not be members.
[PL 1991, c. 69, §5 (AMD).]
2.  Responsibilities.
The council has, but is not limited to, the following responsibilities:
A. To review and make recommendations to strengthen the facility's policies and procedures relating to residents' rights;   [PL 1981, c. 445 (NEW).]
B. To establish procedures for informing all residents about their rights;   [PL 1981, c. 445 (NEW).]
C. To serve as a forum for obtaining and disseminating information, soliciting and adopting recommendations for facility programming and improvement, and early identification of and recommendations for orderly resolution of residents' problems;   [PL 1981, c. 445 (NEW).]
D. To inform the administrator about the opinions and concerns of the residents;   [PL 1981, c. 445 (NEW).]
E. To find ways of involving the families of residents in the facility; and   [PL 1981, c. 445 (NEW).]
F. To notify the Department of Health and Human Services and the long-term care ombudsman when they are constituted.   [PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
Records of council meetings and decisions shall be prepared and disseminated by the council, which may request the assistance of the designated staff member and shall be kept on file in the facility, available at all times to residents and family members or designated representatives.
[PL 1999, c. 384, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
3.  Assistance.
Except as provided in this subsection, the administrator shall designate a staff member, not related to the administrator, to assist the residents' council. In small long-term care facilities in which no staff members are unrelated to the administrator or owner of the facility, the administrator may designate a staff member who is related to the administrator.
[PL 1991, c. 69, §5 (AMD).]
SECTION HISTORY
PL 1981, c. 445 (NEW). PL 1991, c. 69, §5 (AMD). PL 1999, c. 384, §3 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666: PATIENTS' RIGHTS › 22 §7924. Reporting of violations

§7924. Reporting of violations
1.  Alleged violations reported and investigated.
Any person who believes that any of those rules governing the licensure of long-term care facilities or the operation of assisted living programs and services authorized pursuant to section 7853 adopted by the department pertaining to residents' rights and conduct of resident care has been violated may report the alleged violation to the protection and advocacy agency designated pursuant to Title 5, section 19502; the long-term care ombudsman pursuant to section 5106, subsection 11‑C and section 5107‑A; and any other agency or person whom the commissioner may designate.
[PL 2011, c. 657, Pt. EE, §1 (AMD).]
2.  Professionals to report.
Any professional who provides health care, social services or mental health services or who administers a long-term care facility or program and who knows of or has reasonable cause to suspect that there has been a violation of any of those rules adopted by the department governing the licensure of long-term care facilities pertaining to residents' rights or conduct of resident care shall immediately report or cause a report to be made to an agency or person referred to in subsection 1.
[PL 2005, c. 397, Pt. A, §25 (AMD).]
3.  Written report of findings.
Any agency or person investigating a situation pursuant to subsection 1 or 2 shall submit a written report of the findings and results of the investigation to the administrator of the long-term care facility in which the residents' rights allegedly have been violated and to the commissioner.
[PL 2005, c. 397, Pt. A, §26 (AMD).]
4.  Immunity from liability.
No professional shall be held liable for any report or action taken pursuant thereto if the professional acted in good faith pursuant to this section.
[PL 1981, c. 445 (NEW).]
5.  Construction.
This section may not be construed to limit the powers or responsibilities of the long-term care ombudsman.
[PL 1999, c. 384, §4 (AMD).]
6.  Notice of program.
Each long-term care facility shall provide to each resident, guardian or personal representative, at the time of admission, information that the long-term care ombudsman program is a source of assistance with complaints and problems. At least 2 posters must be mounted in prominent places in each long-term care facility to inform residents about the services of the program. The posters must also include the department's current rules regarding the rights of residents of long-term care facilities.
[PL 1989, c. 644 (NEW).]
SECTION HISTORY
PL 1981, c. 445 (NEW). PL 1989, c. 644 (AMD). RR 1995, c. 2, §45 (COR). PL 1997, c. 260, §2 (AMD). PL 1999, c. 384, §4 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 596, §B14 (AMD). PL 2001, c. 596, §B25 (AFF). RR 2003, c. 2, §82 (COR). PL 2003, c. 689, §B6 (REV). PL 2005, c. 397, §§A24-26 (AMD). PL 2009, c. 1, Pt. S, §1 (AMD). PL 2011, c. 657, Pt. EE, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666: PATIENTS' RIGHTS › 22 §7925. Discharges and transfers

§7925. Discharges and transfers
Long-term care facilities which receive public funds may not discharge or transfer any person solely based on a change in their source of payment.   [PL 1981, c. 445 (NEW).]
SECTION HISTORY
PL 1981, c. 445 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-A: APPOINTMENT OF RECEIVERS › 22 §7931. Policy

§7931. Policy
It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of residents in long-term care facilities, clients of home health care providers and personal care agencies, general and specialty hospitals, critical access hospitals, ambulatory surgical centers, hospice agencies and end-stage renal disease units. It is the intent of the Legislature that receivership be a remedy of last resort when all other methods of remedy have failed or when the implementation of other remedies would be futile.   [PL 2023, c. 309, §35 (AMD).]
SECTION HISTORY
PL 1983, c. 454 (NEW). PL 1995, c. 620, §4 (AMD). PL 1999, c. 384, §5 (AMD). PL 2023, c. 309, §35 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-A: APPOINTMENT OF RECEIVERS › 22 §7935. Termination of receivership

§7935. Termination of receivership
The receivership terminates when the court certifies that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivership at least semiannually.   [PL 1995, c. 620, §8 (AMD).]
A receivership may not be terminated in favor of the former or the new licensee, unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court.   [PL 1995, c. 620, §8 (AMD).]
SECTION HISTORY
PL 1983, c. 454 (NEW). PL 1995, c. 620, §8 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-A: APPOINTMENT OF RECEIVERS › 22 §7936. Liability of receiver

§7936. Liability of receiver
A person may not bring suit against a receiver appointed under section 7933 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in the receiver's official capacity only and any judgment rendered must be satisfied out of receivership assets.   [RR 2021, c. 2, Pt. B, §221 (COR).]
SECTION HISTORY
PL 1983, c. 454 (NEW). RR 2021, c. 2, Pt. B, §221 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-A: APPOINTMENT OF RECEIVERS › 22 §7937. Court order to have effect of license

§7937. Court order to have effect of license
An order appointing a receiver under section 7933 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit during the receivership, and a violation of regulations governing the conduct of the long-term care facility, home health care provider, personal care agency, general hospital, specialty hospital, critical access hospital, ambulatory surgical center, hospice agency or end-stage renal disease unit, if not promptly corrected, must be reported by the department to the court.   [PL 2023, c. 309, §40 (AMD).]
SECTION HISTORY
PL 1983, c. 454 (NEW). PL 1995, c. 620, §8 (AMD). PL 1999, c. 384, §16 (AMD). PL 2023, c. 309, §40 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-A: APPOINTMENT OF RECEIVERS › 22 §7938. Rule-making authority to implement receivership law

§7938. Rule-making authority to implement receivership law
The department may adopt regulations as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, to implement this chapter.   [PL 1983, c. 454 (NEW).]
SECTION HISTORY
PL 1983, c. 454 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7941. Policy

§7941. Policy
It is the purpose of this chapter to authorize the Department of Health and Human Services to impose intermediate sanctions in order to improve the quality of care in long-term care facilities and to establish programs to reward long-term care facilities that provide the highest quality care. These intermediate sanctions will also provide an alternative to taking action to close facilities, which may cause great distress to the residents of those facilities.   [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7942. Definitions

§7942. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 774, §4 (NEW).]
1.  Department.
"Department" means the Department of Health and Human Services.
[PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Directed plan of correction.
"Directed plan of correction" means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made.
[PL 1987, c. 774, §4 (NEW).]
3.  Long-term care facility.
"Long-term care facility" means an assisted living facility or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405.
[PL 2023, c. 176, §34 (AMD).]
4.  Person.
"Person" means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit.
[PL 1987, c. 774, §4 (NEW).]
5.  Plan of correction.
"Plan of correction" means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. A plan of correction shall describe with specificity how and when deficiencies of state licensing rules will be corrected.
[PL 1987, c. 774, §4 (NEW).]
6.  Resident.
"Resident" means any person who lives in and receives services or care in a long-term care facility.
[PL 1987, c. 774, §4 (NEW).]
7.  State licensing rules.
"State licensing rules" refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with intellectual disabilities and assisted living facilities or residential care facilities.
[PL 2023, c. 176, §35 (AMD).]
8.  Statement of deficiencies.
"Statement of deficiencies" means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules.
[PL 1987, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW). PL 1993, c. 661, §21 (AMD). PL 1999, c. 99, §2 (AMD). PL 1999, c. 384, §§17,18 (AMD). PL 2001, c. 596, §B16 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2003, c. 634, §§7,8 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 542, Pt. A, §47 (AMD). PL 2023, c. 176, §§34, 35 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7943. Violations

§7943. Violations
1.  License required.
It is a violation of this chapter for a person to manage or operate a long-term care facility as defined in this chapter without first obtaining a license to manage or operate a long-term care facility.
[PL 1993, c. 661, §22 (AMD).]
2.  Interference or false information.
It shall be a violation of this chapter for any person to impede or interfere with the enforcement of laws or rules governing the licensing of long-term care facilities, or for any person to give any false information in connection with the enforcement of laws or rules.
[PL 1987, c. 774, §4 (NEW).]
3.  Correction of deficiencies.
It shall be a violation of this chapter to:
A. Fail to submit a plan of correction within 10 working days after receipt of a statement of deficiencies; and   [PL 1987, c. 774, §4 (NEW).]
B. Fail to take timely corrective action in accordance with a plan of correction or a directed plan of correction. Each failure to correct any deficiency may be considered a separate violation of this section.   [PL 1987, c. 774, §4 (NEW).]
[PL 1987, c. 774, §4 (NEW).]
4.  Protection of residents.
Notwithstanding subsection 3, the following conduct is deemed to be a violation of this chapter without regard to whether a plan of correction or directed plan of correction is followed by a facility:
A. Failure to comply with state licensing laws or rules when this failure poses an immediate threat of death or substantial probability of serious mental or physical harm to a resident. Each failure to comply with any law or rule may be considered a separate violation of this section; and   [PL 1987, c. 774, §4 (NEW).]
B. The occurrence of a repeated deficiency that poses a substantial risk to residents' health or safety or infringes upon residents' rights. For purposes of this section, a repeated deficiency is one that is found to exist in a long-term care facility during a current survey or investigation that has also been cited in a statement of deficiencies of that facility within the past 2 years. Each repeated deficiency may be considered a separate violation of this section.   [PL 1987, c. 774, §4 (NEW).]
[PL 1987, c. 774, §4 (NEW).]
5.  Compliance with federal requirements.
It shall be a violation of this chapter for any long-term care facility subject to the provisions of United States Code, Title 42, Section 1919 to fail to comply with the requirements of Section 1919, Subsections (b), (c) or (d). Each failure to comply with a requirement of United States Code, Title 42, Section 1919, Subsections (b), (c) or (d) may be considered a separate violation of this section.
[PL 1987, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW). PL 1993, c. 661, §22 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7945. Incentives for high quality care

§7945. Incentives for high quality care
By January 1, 1989, the department shall establish programs to reward long-term care facilities that provide the highest quality care to residents, including, but not limited to, programs of public recognition.   [PL 1987, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7946. Enforcement and appeal

§7946. Enforcement and appeal
1.  Procedure.
The department may impose any sanction in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the long-term care facility the opportunity for an administrative hearing, or file a complaint with the Superior Court requesting the imposition of any sanction authorized by this chapter.
[PL 1987, c. 774, §4 (NEW).]
2.  Collection of penalties; interest.
Long-term care facilities that are fined pursuant to this chapter are required to pay the department the amount of the penalties. Penalties may be collected by the department by the offset of any reimbursement due the facility, or by any other method authorized by law. An appeal of the department's decision to penalize a long-term care facility stays the collection of any penalties. All penalties are to be assessed for each day that the facility is or was out of compliance and are to be collected with interest accruing at the rate set by Title 14, section 1602‑C. An appeal of the department's decision to penalize a long-term care facility does not stay the assessment of any penalties or interest as long as the long-term care facility continues to be in violation of any requirement of section 7943.
[PL 2003, c. 460, §12 (AMD).]
3.  Reduction or delay of penalties.
The department may reduce the amount or delay the payment of a penalty when a facility is able to show that payment of the total amount due would result in inadequate funds to provide necessary services to residents. In making this determination, the department may consider, among other factors, the amount of any savings as calculated pursuant to the principles of reimbursement, overall profits or cash reserves and any extraordinary expenses experienced by the facility, as well as the necessity of providing an incentive to correct violations of this chapter.
[PL 1987, c. 774, §4 (NEW).]
4.  Income from penalties.
Any income from penalties must be placed in a special revenue account and be used by the department for purposes related to improving the quality of care for residents of long-term care facilities.
[PL 2009, c. 621, §7 (AMD).]
5.  No limitation on right of action.
[PL 1991, c. 637, §1 (RP).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW). PL 1989, c. 747, §2 (AMD). PL 1991, c. 637, §1 (AMD). PL 2003, c. 460, §12 (AMD). PL 2009, c. 621, §7 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7947. Rules

§7947. Rules
The department shall adopt rules for intermediate sanctions in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.   [PL 1987, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1666-B: INTERMEDIATE SANCTIONS AND INCENTIVES FOR IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES › 22 §7949. No limitation on right of action

§7949. No limitation on right of action
The remedies provided under section 7948 are in addition to those otherwise available under state or federal law and may not be construed as limiting any other remedies including any remedy available to an individual at common law. Exhaustion of any available administrative remedy is not required prior to commencement of an action under this section.   [PL 1991, c. 637, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 637, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1667: DRUG TREATMENT CENTERS › 22 §8001. Definition of drug treatment center

§8001. Definition of drug treatment center
The term "drug treatment center," as used in this subtitle, shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users.   [PL 1975, c. 719, §6 (NEW).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1667: DRUG TREATMENT CENTERS › 22 §8002. Rules

§8002. Rules
1.  Rules promulgated.
The commissioner shall promulgate rules for drug treatment centers, which shall include but need not be limited to rules pertaining to administration, staffing, number of residents, quality of treatment programs, health and safety of staff and residents, community relations, the administration of medication and licensing procedures.
[PL 1977, c. 497, §5 (AMD).]
2.  Public hearing.
[PL 1977, c. 694, §378 (RP).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 497, §5 (AMD). PL 1977, c. 694, §378 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1667: DRUG TREATMENT CENTERS › 22 §8003. Fees and terms for licenses

§8003. Fees and terms for licenses
License fees and terms for drug treatment centers are governed by this section.   [PL 2015, c. 267, Pt. RR, §2 (NEW).]
1.  Provisional license.
The application fee for a provisional license for a drug treatment center may not be less than $100 nor more than $280. The term of a provisional license is for one year.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
2.  Full license.
The application fee for a full license for a drug treatment center may not be less than $100 nor more than $280. The term of a full license is for 2 years.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
3.  Biennial renewal of a full license.
The fee for the biennial renewal of a full license for a drug treatment center may not be less than $70 nor more than $170.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
4.  Adding a service site to a license.
The processing fee to add a service site to an issued license for a drug treatment center may not be less than $35 nor more than $70.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
5.  Adding a service to a license.
The processing fee to add a service to an issued license for a drug treatment center may not be less than $70 nor more than $140.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
6.  Fee to replace a license.
A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
7.  Transaction fee for electronic renewal of license.
The transaction fee for the electronic renewal of a license for a drug treatment center may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
8.  Rules.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 267, Pt. RR, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 2015, c. 267, Pt. RR, §2 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1667: DRUG TREATMENT CENTERS › 22 §8004. Fire safety

§8004. Fire safety
All procedures and other provisions included in section 7855, subsections 1 and 2 for residential care facilities also apply to drug treatment centers.   [PL 2001, c. 596, Pt. B, §18 (AMD); PL 2001, c. 596, Pt. B, §25 (AFF).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1989, c. 502, §A84 (AMD). PL 2001, c. 596, §B18 (AMD). PL 2001, c. 596, §B25 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1667: DRUG TREATMENT CENTERS › 22 §8005. Additional license not required

§8005. Additional license not required
No facility, except as provided for in section 8101, subsection 4, licensed as a drug treatment center shall be required to be licensed as a boarding care facility or a children's home. A drug treatment center, as part of its program, may provide a special education facility, pursuant to Title 20, chapter 404, for the benefit of any exceptional children, as defined by Title 20, section 3123, subsection 1, residing at the drug treatment center.   [PL 1981, c. 260, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 428 (AMD). PL 1981, c. 260, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1669: CHILDREN'S HOMES › 22 §8102. Rules

§8102. Rules
1.  Rules.
The department shall adopt rules for the various levels of children's residential care facilities, including, but not limited to, facilities that are private nonmedical institutions, in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. The rules must be designed to protect the health, safety, well-being and development of children and must include, but are not limited to:
A. The number and qualifications of staff;   [PL 1981, c. 260, §4 (RPR).]
B. Rights and responsibilities of parents, children and staff;   [PL 1981, c. 260, §4 (RPR).]
C. The nature, provision, documentation and management of programs of care or treatment; and   [PL 1981, c. 260, §4 (RPR).]
D. The physical environment.   [PL 1981, c. 260, §4 (RPR).]
[PL 2013, c. 179, §8 (AMD).]
2.  Different classes.
[PL 1981, c. 260, §4 (RP).]
3.  Public hearing.
[PL 1977, c. 694, §379 (RP).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 497, §6 (AMD). PL 1977, c. 694, §379 (AMD). PL 1981, c. 260, §4 (RPR). PL 2003, c. 673, §V3 (AMD). PL 2003, c. 673, §V29 (AFF). PL 2013, c. 179, §8 (AMD).