reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7261. Purpose - Article 1

§7261. Purpose - Article 1
The purpose of the interstate prescription monitoring program compact, referred to in this chapter as "the compact," is to provide a mechanism for state prescription monitoring programs to securely share prescription data to improve public health and safety. The compact is intended to:   [PL 2011, c. 217, §1 (NEW).]
1.  Enhance state prescription monitoring programs.
Enhance the ability of state prescription monitoring programs, in accordance with state laws, to provide an efficient and comprehensive tool for:
A. Practitioners to monitor patients and support treatment decisions;   [PL 2011, c. 217, §1 (NEW).]
B. Law enforcement officials to conduct diversion investigations when authorized by state law;   [PL 2011, c. 217, §1 (NEW).]
C. Regulatory agencies to conduct investigations or other appropriate reviews when authorized by state law; and   [PL 2011, c. 217, §1 (NEW).]
D. Other uses of prescription drug data authorized by state law for purposes of curtailing illegal substance use and diversion; and   [PL 2017, c. 407, Pt. A, §88 (AMD).]
[PL 2017, c. 407, Pt. A, §88 (AMD).]
2.  Provide technology infrastructure.
Provide a technology infrastructure to facilitate secure data transmission.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW). PL 2017, c. 407, Pt. A, §88 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7263. Authorized uses and restrictions on prescription data - Article 3

§7263. Authorized uses and restrictions on prescription data - Article 3
1.  Authority of member state.
Under the compact a member state:
A. Retains its authority and autonomy over its prescription monitoring program and prescription data in accordance with its laws, rules and policies;   [PL 2011, c. 217, §1 (NEW).]
B. May provide, restrict or deny prescription data to a requestor of another state in accordance with the member state's laws, rules and policies;   [PL 2011, c. 217, §1 (NEW).]
C. May provide, restrict or deny prescription data received from another state to a requestor within that state; and   [PL 2011, c. 217, §1 (NEW).]
D. Has the authority to determine which requestors are authorized.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
2.  Restrictions on prescription data.
Prescription data obtained by a member state pursuant to this compact has the following restrictions.
A. It must be used solely for purposes of providing the prescription data to a requestor.   [PL 2011, c. 217, §1 (NEW).]
B. It may not be stored in the member state's prescription monitoring program database, except for stored images, nor in any other database.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
3.  Limit on categories of requestors.
A member state may limit the categories of requestors of another member state that will receive prescription data.
[PL 2011, c. 217, §1 (NEW).]
4.  Requestor authentication.
The commission shall promulgate rules establishing standards for requestor authentication.
A. Every member state shall authenticate requestors according to the rules established by the commission.   [PL 2011, c. 217, §1 (NEW).]
B. A member state may authorize its requestors to request prescription data from another member state only after such requestor has been authenticated.   [PL 2011, c. 217, §1 (NEW).]
C. A member state that becomes aware of a requestor who violated the laws or rules governing the appropriate use of prescription data shall notify the state that transmitted the prescription data.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7264. Technology and security - Article 4

§7264. Technology and security - Article 4
1.  Security requirements.
The commission shall establish security requirements through rules for the transmission of prescription data.
[PL 2011, c. 217, §1 (NEW).]
2.  Open standards for technology infrastructure.
The commission shall foster the adoption of open standards for the technology infrastructure that are vendor-neutral and technology-neutral.
[PL 2011, c. 217, §1 (NEW).]
3.  Acquisition and operation of technology infrastructure.
The commission is responsible for acquisition and operation of the technology infrastructure.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7265. Funding - Article 5

§7265. Funding - Article 5
1.  Interstate commission responsible for funding compact.
The interstate commission, through its member states, is responsible for providing for the payment of the reasonable expenses for establishing, organizing and administering the operations and activities of the compact.
[PL 2011, c. 217, §1 (NEW).]
2.  Interstate commission may collect dues from member states.
The interstate commission may levy on and collect annual dues from each member state to cover the cost of operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual dues amount must be allocated in an equitable manner and may consist of a fixed fee component as well as a variable fee component based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states. Such a formula must take into account factors including but not limited to the total number of practitioners or licensees within a member state. Fees established by the interstate commission may be recalculated and assessed on an annual basis.
[PL 2011, c. 217, §1 (NEW).]
3.  Interstate commission may accept nonstate funding.
Notwithstanding subsections 1 and 2 and any other provision of law, the interstate commission may accept nonstate funding, including grants, awards and contributions to offset, in whole or in part, the costs of the annual dues required under subsection 2.
[PL 2011, c. 217, §1 (NEW).]
4.  Interstate commission may not incur obligations prior to securing funds.
The interstate commission may not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission may not pledge the credit of any of the member states, except by and with the authority of the member states.
[PL 2011, c. 217, §1 (NEW).]
5.  Interstate commission to keep accurate accounts.
The interstate commission shall keep accurate accounts of all receipts and disbursements subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission must be audited annually by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the interstate commission.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7269. Rule-making functions of the interstate commission - Article 9

§7269. Rule-making functions of the interstate commission - Article 9
1.  Rule-making authority.
The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding this subsection, in the event the interstate commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this compact or the powers granted under this compact, such an action by the interstate commission is invalid and has no force or effect. Any rules promulgated by the commission do not override the State's authority to govern prescription drugs or each member state's prescription monitoring program.
[PL 2011, c. 217, §1 (NEW).]
2.  Rule-making procedure.
Rules must be made pursuant to a rule-making process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
[PL 2011, c. 217, §1 (NEW).]
3.  Judicial review.
Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule as long as the filing of such a petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and may not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7271. Member states, effective date and amendment - Article 11

§7271. Member states, effective date and amendment - Article 11
1.  Eligibility for membership in compact.
Any state that has enacted prescription monitoring program legislation through statute or regulation is eligible to become a member state of this compact.
[PL 2011, c. 217, §1 (NEW).]
2.  Effective upon enactment by at least 6 states.
The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 6 states. Thereafter it becomes effective and binding on a state upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
[PL 2011, c. 217, §1 (NEW).]
3.  Amendments.
The interstate commission may propose amendments to the compact for enactment by the member states. An amendment may not become effective and binding upon the interstate commission and the member states until it is enacted into law by unanimous consent of the member states.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7272. Withdrawal and dissolution - Article 12

§7272. Withdrawal and dissolution - Article 12
1.  Withdrawal.
The following provisions govern withdrawal from the compact.
A. Once effective, the compact continues in force and remains binding upon each member state except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.   [PL 2011, c. 217, §1 (NEW).]
B. Withdrawal from this compact must be by the enactment of a statute repealing the compact, but may not take effect until one year after the effective date of that statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.   [PL 2011, c. 217, §1 (NEW).]
C. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice.   [PL 2011, c. 217, §1 (NEW).]
D. The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.   [PL 2011, c. 217, §1 (NEW).]
E. Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon such later date as determined by the interstate commission.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
2.  Dissolution of the compact.
The following provisions govern dissolution of the compact.
A. This compact dissolves effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.   [PL 2011, c. 217, §1 (NEW).]
B. Upon the dissolution of this compact, the compact becomes void and is of no further force or effect, and the business and affairs of the interstate commission must be concluded and surplus funds must be distributed in accordance with the bylaws.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7273. Severability and construction - Article 13

§7273. Severability and construction - Article 13
1.  Severable.
The provisions of this compact are severable, and if any phrase, clause, sentence or provision is determined unenforceable, the remaining provisions of the compact are enforceable.
[PL 2011, c. 217, §1 (NEW).]
2.  Liberally construed.
The provisions of this compact must be liberally construed to effectuate its purposes.
[PL 2011, c. 217, §1 (NEW).]
3.  Concurrent applicability.
Nothing in this compact may be construed to prohibit the applicability of other interstate compacts to which the states are members.
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 4: HUMAN SERVICES › Part 3: DRUG ABUSE › Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT › 22 §7274. Binding effect of compact and other laws - Article 14

§7274. Binding effect of compact and other laws - Article 14
1.  Other laws.
Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states' laws conflicting with this compact are superseded to the extent of the conflict.
[PL 2011, c. 217, §1 (NEW).]
2.  Binding effect of compact.
All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.
A. All agreements between the interstate commission and the member states are binding in accordance with their terms.   [PL 2011, c. 217, §1 (NEW).]
B. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.   [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7303. Programs; rules

§7303. Programs; rules
1.  Programs required.
The department shall establish and administer, pursuant to this subtitle, programs of in-home and community support services for adults with long-term care needs, by itself or in cooperation with the Federal Government.
An adult with long-term care needs, who applies for services under any such program, is entitled to receive the services, provided that the department has determined that the adult is eligible and provided that sufficient funds are available pursuant to this subtitle to pay for the services.
[PL 1981, c. 511, §1 (NEW).]
2.  Rules.
The department shall promulgate such rules, including rules that specify the criteria to be used in ranking proposals, as may be necessary for the effective administration of any programs of in-home and community support services pursuant to this subtitle, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. In the development of such rules, the department shall consult with consumers, representatives of consumers or providers of in-home and community support services.
[PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7304. Delivery of services

§7304. Delivery of services
1.  Staff; providers.
In order to provide in-home and community support services, the department may use its own staff and its designees and enter into agreements with providers.
[PL 1981, c. 511, §1 (NEW).]
2.  Agreement.
Each agreement shall specify, among other things, the types of in-home and community support services to be provided, the cost of the services, the method of payment and the criteria to be used for evaluating the provisions of services.
[PL 1981, c. 511, §1 (NEW).]
3.  Proposals.
The department shall solicit proposals from providers who would like to provide in-home and community support services, pursuant to this subtitle. Providers shall submit proposals in such form and manner as may be required by the department. The department shall select proposals according to rankings based on the criteria developed pursuant to section 7303, subsection 2.
[PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7305. Funds

§7305. Funds
1.  Federal and private funds.
The department may apply for and use any federal or private funds and other support which become available to carry out any program of in-home and community support services.
[PL 1981, c. 511, §1 (NEW).]
2.  Fee scale.
The department shall develop, whenever practicable, sliding fee scales for in-home and community support services provided pursuant to this subtitle.
[RR 1991, c. 2, §86 (COR).]
3.  Vouchers.
The department may, through the use of vouchers, make payments directly to adults with long-term care needs to enable them to purchase in-home and community support services pursuant to this subtitle.
[PL 1981, c. 511, §1 (NEW).]
4.  Distribution.
The department shall disburse funds, pursuant to this subtitle, in a manner that ensures, to the extent practicable, equitable distribution of services among adults with long-term care needs and among the various regions of the State.
[PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW). RR 1991, c. 2, §86 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7306. Demonstration projects

§7306. Demonstration projects
The department may initiate demonstration projects to test new ways of providing in-home and community support services, including, but not limited to, projects which test the ability of hospitals, skilled nursing facilities or intermediate care facilities to provide these services.   [PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7307. Relatives as providers

§7307. Relatives as providers
The department may not refuse to pay a relative of an adult with long-term care needs for the provision of in-home and community support services or personal care assistance services if the relative is qualified to provide the service and the payment is not prohibited by federal law or regulation.   [PL 1989, c. 714 (NEW).]
SECTION HISTORY
PL 1989, c. 714 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7308. Respite Care Fund

§7308. Respite Care Fund
The department shall administer the Respite Care Fund for the purpose of providing short-term respite care for persons with Alzheimer's disease and other dementias. This respite care may include short-term in-home care, nursing or residential care facility stays, hospital or adult day care or home modifications. The department also may use the fund to carry out the purposes of the National Family Caregiver Support Program.   [PL 2001, c. 487, §1 (AMD).]
SECTION HISTORY
PL 1989, c. 875, §E42 (NEW). PL 2001, c. 487, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1621: GENERAL PROVISIONS › 22 §7309. In-home providers (REPEALED)

§7309. In-home providers
(REPEALED)
SECTION HISTORY
PL 2007, c. 387, §1 (NEW). MRSA T. 22 §7309 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1622: COORDINATED IN-HOME AND COMMUNITY SUPPORT SERVICES FOR THE ELDERLY AND ADULTS WITH DISABILITIES › 22 §7311. Program established

§7311. Program established
By July 1, 2010, the department shall establish a coordinated program, referred to in this chapter as "the program," of in-home and community support services that are available under state-funded and MaineCare-funded programs for adults with long-term care needs who are eligible for services from qualified providers pursuant to this subtitle. The program must have a unified system for intake and eligibility determination for all consumers, regardless of diagnosis, type of disability or demographic factors, including age, using the multidisciplinary teams pursuant to section 7323, consumer assessment and the development of plans of care that take into consideration the consumer's living arrangement, informal supports and services provided by other public or private funding sources to ensure nonduplication of services for consumers.   [PL 2009, c. 279, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 279, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1622: COORDINATED IN-HOME AND COMMUNITY SUPPORT SERVICES FOR THE ELDERLY AND ADULTS WITH DISABILITIES › 22 §7312. Rules

§7312. Rules
The department shall adopt rules as necessary for the effective administration of the program pursuant to this chapter, in accordance with the Maine Administrative Procedure Act. In the development of such rules, the department shall consult with consumers, representatives of consumers and providers. Rules adopted pursuant to this section are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 279, §4 (NEW).]
SECTION HISTORY
PL 2009, c. 279, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1622-A: CONSOLIDATION OF LONG-TERM CARE SERVICES › 22 §7316. Consolidation of long-term care services

§7316. Consolidation of long-term care services
Beginning July 1, 2012, all long-term care services provided directly or indirectly under the MaineCare program or other state-funded programs by the department under this Title must be combined into one program, referred to in this chapter as "the program," with a single set of rules, coordinated criteria for assessment and qualifications and a single budget.   [PL 2011, c. 422, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 422, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1623: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR THE ELDERLY AND OTHER ADULTS AT RISK OF INAPPROPRIATE PLACEMENT IN INSTITUTIONAL SETTINGS › 22 §7321. Program established

§7321. Program established
The department shall establish and administer a program of in-home and community support services for adults with long-term care needs who are eligible for these services pursuant to section 7322.   [PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1623: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR THE ELDERLY AND OTHER ADULTS AT RISK OF INAPPROPRIATE PLACEMENT IN INSTITUTIONAL SETTINGS › 22 §7322. Eligibility

§7322. Eligibility
An adult with long-term care needs is eligible for in-home and community support services under this chapter if the department or its designee determines that the adult:   [PL 1981, c. 511, §1 (NEW).]
1.  Inappropriate placement.
Is at risk of being or already has been placed inappropriately in an institutional setting;
[PL 1981, c. 511, §1 (NEW).]
2.  Need for services.
Has a need for in-home and community support services; and
[PL 1981, c. 511, §1 (NEW).]
3.  Income and support.
Has no or insufficient personal income or other support from public services, family members and neighbors.
[PL 1981, c. 511, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1623: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR THE ELDERLY AND OTHER ADULTS AT RISK OF INAPPROPRIATE PLACEMENT IN INSTITUTIONAL SETTINGS › 22 §7323. Multidisciplinary teams

§7323. Multidisciplinary teams
1.  Team designation.
The commissioner shall designate several multidisciplinary teams throughout the State to assist the department with evaluations of adults with long-term care needs.
[PL 1981, c. 511, §1 (NEW).]
2.  Membership.
Each multidisciplinary team must include at least one social services' professional or health care professional and, whenever possible, the adult with long-term care needs and a family or designated representative.
[PL 1997, c. 734, §3 (AMD).]
3.  Duties.
For each adult with long-term care needs evaluated by a multidisciplinary team, the team shall assist the department to:
A. Determine the eligibility of the adult for in-home and community support services;   [PL 1981, c. 511, §1 (NEW).]
B. Develop a plan of services for the adult, in cooperation with the probable providers of the services, whenever such providers are not members of the team;   [PL 1981, c. 511, §1 (NEW).]
C. Arrange for the provision of the needed services;   [PL 1981, c. 511, §1 (NEW).]
D. Reevaluate the adult periodically to determine the adult's continuing need for the services; and   [RR 2021, c. 2, Pt. B, §217 (COR).]
E. Consult when possible with the adult's attending physician, if any.   [PL 1981, c. 511, §1 (NEW).]
[RR 2021, c. 2, Pt. B, §217 (COR).]
SECTION HISTORY
PL 1981, c. 511, §1 (NEW). RR 1991, c. 2, §87 (COR). PL 1997, c. 734, §3 (AMD). RR 2021, c. 2, Pt. B, §217 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1625: PERSONAL CARE ASSISTANCE SERVICES FOR SEVERELY PHYSICALLY DISABLED ADULTS › 22 §7341. Program established (REPEALED)

§7341. Program established
(REPEALED)
SECTION HISTORY
PL 1981, c. 511, §1 (NEW). PL 1993, c. 708, §I2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1625: PERSONAL CARE ASSISTANCE SERVICES FOR SEVERELY PHYSICALLY DISABLED ADULTS › 22 §7342. Eligibility (REPEALED)

§7342. Eligibility
(REPEALED)
SECTION HISTORY
PL 1981, c. 511, §1 (NEW). PL 1985, c. 34, §4 (AMD). PL 1987, c. 845, §2 (AMD). PL 1993, c. 410, §I15 (AMD). PL 1993, c. 708, §I2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1625: PERSONAL CARE ASSISTANCE SERVICES FOR SEVERELY PHYSICALLY DISABLED ADULTS › 22 §7343. Evaluation teams (REPEALED)

§7343. Evaluation teams
(REPEALED)
SECTION HISTORY
PL 1981, c. 511, §1 (NEW). PL 1987, c. 845, §3 (AMD). PL 1993, c. 708, §I2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1627: ESSENTIAL SUPPORT WORKER REIMBURSEMENT › 22 §7402. Essential support worker reimbursement

§7402. Essential support worker reimbursement
Services provided by essential support workers that are reimbursed by the department under the MaineCare program or another state-funded program must include in the reimbursement rate the following:   [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
1.  At least 125% of the minimum wage.
An amount equal to at least 125% of the minimum wage established in Title 26, section 664, subsection 1 for the labor portion of the reimbursement rate. An increase to the minimum wage must be applied to the reimbursement rate at the time the increase takes place; and
[PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
2.  Taxes and benefits.
An amount necessary to reimburse the provider for taxes and benefits paid or costs incurred by the provider that are directly related to the reimbursed wage increase in subsection 1. This amount must be adjusted whenever an increase to the minimum wage is applied to the reimbursement rate under subsection 1.
[PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
3.  Effective date.
This section takes effect January 1, 2022.
[PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 398, Pt. AAAA, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1627: ESSENTIAL SUPPORT WORKER REIMBURSEMENT › 22 §7403. Rebasing

§7403. Rebasing
Except as otherwise provided, the department shall rebase reimbursement rates for the MaineCare program and other state-funded program reimbursement rates described in section 7402 at least every 5 years. Rebasing must be based on the most recent cost report filings available or provider cost surveys or other market data when cost reports are not available. The department may provide a mechanism for subsequent adjustments to base year costs to reflect any differences it determines are material between as-filed cost reports used in rebasing and subsequent determinations of audited, allowable costs for the same fiscal period.   [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 398, Pt. AAAA, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS › Chapter 1627: ESSENTIAL SUPPORT WORKER REIMBURSEMENT › 22 §7404. Rulemaking

§7404. Rulemaking
The department shall adopt rules to implement the requirements of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 398, Pt. AAAA, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 398, Pt. AAAA, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7701. Definitions

§7701. Definitions
1.  Children.
As used in this subtitle, the word "children" means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301‑A, that provides services to these children.
[PL 1997, c. 494, §4 (AMD); PL 1997, c. 494, §15 (AFF).]
2.  Facility.
As used in this subtitle, the word "facility" means any of the places defined in section 8001, 8101, 8201 or 8301‑A, subsection 1‑A, paragraph B.
[PL 2001, c. 645, §2 (AMD).]
3.  Abuse or neglect.
For purposes of section 7703, "abuse or neglect," in the case of children refers to the definition found in section 4002, subsection 1. In the case of adults, "abuse" and "neglect" refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9.
[PL 1985, c. 437, §3 (NEW).]
4.  Division.
As used in section 7707, "division" means the Department of Health and Human Services, Division of Licensing and Regulatory Services.
[PL 2015, c. 278, §1 (NEW).]
5.  Reportable incident.
As used in section 7707, "reportable incident" means:
A. A child's death that occurs while the child is in the care of an entity required to report under section 7707, subsection 1; and   [PL 2015, c. 278, §1 (NEW).]
B. An injury or trauma to a child that occurs while the child is in the care of an entity required to report under section 7707, subsection 1 and results in the transportation of the child to a hospital by emergency medical services personnel.   [PL 2015, c. 278, §1 (NEW).]
[PL 2015, c. 278, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1985, c. 437, §3 (AMD). PL 1989, c. 502, §A80 (AMD). PL 1997, c. 494, §§4,5 (AMD). PL 1997, c. 494, §15 (AFF). PL 2001, c. 645, §2 (AMD). PL 2015, c. 278, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7702. Violation; penalty (REPEALED)

§7702. Violation; penalty
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1981, c. 309, §1 (AMD). PL 1983, c. 691, §1 (AMD). PL 1987, c. 389, §1 (AMD). PL 1987, c. 774, §3 (AMD). PL 1997, c. 494, §6 (AMD). PL 1997, c. 494, §15 (AFF). PL 1999, c. 363, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7702-A. Violations; penalties

§7702-A. Violations; penalties
1.  Criminal penalties.
Except as otherwise provided by law, a person who violates any provision of this subtitle commits a Class E crime.
[PL 1999, c. 363, §3 (NEW).]
2.  Civil penalties.
The following penalties apply to the following violations.
A. A person who violates section 7703 or 8603 or rules adopted pursuant to those sections commits a civil violation for which a fine of not more than $500 may be adjudged.   [PL 2003, c. 452, Pt. K, §27 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates rules governing child-to-staff ratios adopted under section 8302‑A, subsection 1, paragraph A or subsection 2, paragraph G commits a civil violation for which a fine of not more than $500 per incident or $500 per number of children above the limitation set by rule, or both, may be adjudged.   [PL 2003, c. 452, Pt. K, §27 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A person who violates the following sections or rules adopted pursuant to those sections commits a civil violation for which a fine of not more than $500 per incident may be adjudged:
(1) Section 7801, subsection 1, paragraph A;
(2) Section 8301‑A; or
(3) Section 8302‑A, subsection 1, paragraphs B to J and subsection 2, paragraphs A to F and H to K.   [PL 2021, c. 35, §3 (NEW).]
A civil violation under this subsection must be enforced pursuant to Title 17‑A, section 4‑B.
[PL 2021, c. 35, §3 (AMD).]
3.  Licensure provisions.
[PL 2021, c. 35, §4 (RP).]
4.  Dedicated funds.
Fines and forfeitures adjudged under this section are payable to the Purchased Social Services Other Special Revenue account.
[PL 1999, c. 363, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 363, §3 (NEW). PL 2003, c. 452, §K27 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 530, §6 (AMD). PL 2015, c. 497, §1 (AMD). PL 2021, c. 35, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7704. Processing fee

§7704. Processing fee
Beginning October 1, 2010, a facility, health care provider or program subject to the licensing or certification processes of chapter 1663, 1664, 1667, 1669, 1671 or 1673; a nursery school subject to chapter 1675; an adult day care program subject to chapter 1679; or a hospice provider subject to chapter 1681 shall pay a processing fee not to exceed $10 to the department for the reissuance of a license or certificate when the licensee or certificate holder made changes that require the reissuance of a license or certificate.   [PL 2009, c. 590, §4 (NEW).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 590, §4 (NEW).]
Revisor's Note: §7704. Criminal background checks (As enacted by PL 2009, c. 621, §6 is REALLOCATED TO TITLE 22, SECTION 7706)
SECTION HISTORY
RR 2009, c. 2, §61 (RAL). PL 2009, c. 590, §4 (NEW). PL 2009, c. 621, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7705. Transaction fee for electronic renewal of license

§7705. Transaction fee for electronic renewal of license
The department may collect a transaction fee from providers renewing their licenses electronically under this subtitle. The fee may not exceed the cost of providing the electronic license renewal service. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 590, §5 (NEW).]
SECTION HISTORY
PL 2009, c. 590, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7706. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 7704)

§7706. Criminal background checks
(REALLOCATED FROM TITLE 22, SECTION 7704)
Beginning October 1, 2010, a facility or health care provider subject to the licensing or certification processes of chapter 1663, a nursery school subject to chapter 1675 or a hospice provider subject to chapter 1681, prior to hiring an individual who will work in direct contact with a consumer, or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. The entity seeking to employ the individual shall pay for the criminal background check required by this section.   [PL 2015, c. 196, §13 (AMD); PL 2015, c. 299, §21 (AMD).]
The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [RR 2009, c. 2, §61 (RAL).]
SECTION HISTORY
RR 2009, c. 2, §61 (RAL). PL 2015, c. 196, §13 (AMD). PL 2015, c. 299, §21 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1661: GENERAL PROVISIONS › 22 §7707. Reportable incidents

§7707. Reportable incidents
1.  Reporting requirements.
A child care facility licensed pursuant to section 8301‑A, subsection 2; a family child care provider licensed pursuant to section 8301‑A, subsection 3; and a nursery school licensed pursuant to section 8402 shall report reportable incidents in accordance with this section.
[PL 2021, c. 35, §10 (AMD).]
2.  Notification by next business day.
An entity required to report pursuant to subsection 1 shall submit a division-approved reportable incident form to the division by the next business day after a reportable incident occurred. The form must include at least the following information:
A. The date of the reportable incident;   [PL 2015, c. 278, §2 (NEW).]
B. The time the reportable incident occurred;   [PL 2015, c. 278, §2 (NEW).]
C. The name of the entity;   [PL 2015, c. 278, §2 (NEW).]
D. The name of the entity's contact person;   [PL 2015, c. 278, §2 (NEW).]
E. A description of the reportable incident;   [PL 2015, c. 278, §2 (NEW).]
F. The condition of the child;   [PL 2015, c. 278, §2 (NEW).]
G. The name of the child;   [PL 2015, c. 278, §2 (NEW).]
H. The action taken by the entity; and   [PL 2015, c. 278, §2 (NEW).]
I. The involvement of a fire or police department, emergency medical services or other entity.   [PL 2015, c. 278, §2 (NEW).]
[PL 2015, c. 278, §2 (NEW).]
3.  Rules.
The department may adopt rules necessary to implement the reporting of reportable incidents. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 278, §2 (NEW).]
SECTION HISTORY
PL 2015, c. 278, §2 (NEW). PL 2021, c. 35, §10 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1663: LICENSES › 22 §7803. Suspension or revocation of license (REPEALED)

§7803. Suspension or revocation of license
(REPEALED)
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1977, c. 694, §§375,376 (AMD). PL 1983, c. 386, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1663: LICENSES › 22 §7804. Right of entry

§7804. Right of entry
The department shall have the right of entry to any facility licensed under this subtitle, at any reasonable time in order to determine the state of compliance by the facility to applicable laws and rules.   [PL 1975, c. 719, §6 (NEW).]
To inspect any facility which the department knows or believes is operated without a license, the department may enter only with the permission of the owner or person in charge or with a search warrant from the District Court authorizing entry and inspection.   [PL 1975, c. 719, §6 (NEW).]
Any application for a license under this subtitle shall constitute permission for entry and inspection to verify compliance with applicable law and rules.   [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 1663: LICENSES › 22 §7805. Tribally licensed facilities

§7805. Tribally licensed facilities
With respect to the placement care and funding of care of any Indian child as defined in the Indian Child Welfare Act, 25 United States Code, Section 1901, et seq., this Subtitle does not apply to any Indian foster family home, adoptive home or other facility licensed by a federally recognized Indian tribe in this State pursuant to that Act.   [PL 1999, c. 392, §3 (RPR).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1999, c. 392, §3 (RPR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1663: LICENSES › 22 §7806. Confidentiality guidelines

§7806. Confidentiality guidelines
As a condition of licensure under this subtitle, the department shall require entities described in section 7801, subsection 1, paragraphs A, A‑1, B and C to develop policies for releasing nontreatment information about a resident to law enforcement agencies, schools, parents, guardians or other appropriate public agencies. The department shall establish by rule a model resident information confidentiality policy for entities subject to this section. Rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.   [PL 1997, c. 342, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 342, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1663: LICENSES › 22 §7807. License not required

§7807. License not required
A license is not required to operate an independent housing with services program, as defined in section 7852.   [PL 2003, c. 449, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 449, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7854. Fees for licensure

§7854. Fees for licensure
The department shall charge annual fees for licensure of residential care facilities and assisted living facilities as follows:   [PL 2023, c. 176, §25 (AMD).]
1.  Fees for residential care facility.
Ten dollars per licensed bed for a residential care facility; and
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
2.  Fees for assisted living facilities.
Two hundred dollars for an assisted living facility.
[PL 2023, c. 176, §25 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2023, c. 176, §25 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS › Chapter 1664: ASSISTED HOUSING FACILITIES › 22 §7856. Fire safety inspection for assisted living facilities

§7856. Fire safety inspection for assisted living facilities
In accordance with this section, the department shall adopt rules pursuant to Title 5, chapter 375 for the inspection of assisted living facilities as defined in section 7852, subsection 4‑A by the Commissioner of Public Safety or the commissioner's designee and the fees for that inspection. Rules regarding fees adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 176, §26 (AMD).]
1.  Permits; inspection.
Construction and renovation of assisted living facilities require a construction permit from the Commissioner of Public Safety. Prior to licensure all assisted living facilities must be inspected by the Commissioner of Public Safety or the commissioner's designee at the request of the department. All assisted living facilities must be inspected upon performing renovations and must be reinspected every 2 years.
[PL 2023, c. 176, §26 (AMD).]
2.  Certificate of compliance.
The Commissioner of Public Safety shall issue a certificate of compliance with the provisions of this section to the department.
[PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
3.  Requirements.
All assisted living facilities must be inspected using the chapter pertaining to the applicable building type of the National Fire Protection Association Life Safety Code adopted by the Department of Public Safety, Office of the State Fire Marshal and must be protected throughout by a supervised, automatic sprinkler system approved by the Commissioner of Public Safety.
[PL 2023, c. 176, §26 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2019, c. 338, §1 (AMD). PL 2023, c. 176, §26 (AMD).