Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.B - Right of Entry and Inspection

Current through 2024-29, July 17, 2024
3.B.1. Any duly
				  designated employee of the Department shall have the right to enter upon and
				  into the premises of any Hospice Provider who has applied for a license or who
				  is licensed pursuant to these rules and regulations. The Department can inspect
				  relevant Provider documents to determine whether the Provider is in compliance
				  with these rules and regulations. The right of entry and inspection shall
				  extend to any premises and documents of Providers who the Department has reason
				  to believe are providing hospice services without a license. Such entries or
				  inspections shall be made with permission of the owner or person in charge
				  unless a wan-ant is first obtained from the District Court authorizing that
				  entry or inspection (
				   22 MRSA
				  §2148 ). Any duly designated employee of
				  the Department, with the permission of the patient, may also make patient home
				  visits at his/her discretion.
3.B.2. Application for licensure, whether
				  initial or renewal, shall constitute permission for entry into, and survey of,
				  a Hospice Provider by authorized licensing authority representatives at
				  reasonable times, during pendency of the application and, if licensed, during
				  the licensure period.
3.B.3.
				  Surveys may be announced or unannounced at the sole discretion of the Division
				  of Licensing and Certification. All complaint investigations will be
				  unannounced.
3.B.4. Upon receipt of
				  a Statement of Deficiency from the Division of Licensing and Certification, the
				  licensee or his/her representative will be required to submit a Plan of
				  Correction to the Division of Licensing and Certification within ten (10)
				  working days of receipt stating how the Hospice Provider intends to correct
				  each violation noted and the expected date of completion.
3.B.5. The Division of licensing and
				  Certification may, at its sole discretion, accept the Plan of Correction as
				  written or request modification of the plan by the licensee.
3.B.6. Regardless of the term of the license,
				  the Department shall monitor for continued compliance with applicable laws and
				  rules.
3.B.7. Inspections
The Department shall inspect the Hospice Provider every two
					 (2) years, except that State inspections need not be performed during a year
					 when a Medicare certification survey is performed.
3.B.8. A Hospice Provider is not eligible for
				  licensure or renewal of licensure unless the hospice program has had a Medicare
				  survey or a State licensure survey within the previous three (3)
				  years.
3.B.9. Reporting of Abuse,
				  Neglect or Misappropriation of Client and/or Client's Property
a. The Hospice Provider must ensure that all
				  staff are knowledgeable of the Adult Protective Services Act, 22 M.R.S.A.,
				  §3477 - 3479A, and that all alleged violations involving mistreatment.
				  neglect and abuse, including injuries of unknown source, and/or
				  misappropriation of client property, are reported immediately, through
				  established procedures, to the Program Director of the Hospice Provider and to
				  the officials; in accordance with the State law.
b. A procedure must be established by the
				  Hospice Provider for review, within two (2) business days, of each complaint
				  received by the administrator and/or any designated member of the Hospice staff
				  A report of findings and action taken shall be prepared and submitted to the
				  Quality Assurance Committee or other appropriate committee, and be available
				  for review upon request by the Department.
c. The Hospice Provider must have evidence
				  that all alleged employee violations are thoroughly investigated in a timely
				  manner. Polities must address administrative procedures to be implemented to
				  prevent further potential violations while the investigation is in
				  progress.
d. The results of all
				  investigations conducted in-house must be reported to the program director,
				  administrator or his/her designated representative and to other officials in
				  accordance with State law. If the alleged violation is verified, appropriate
				  corrective action must be taken. AU reports must be made available to the
				  Department upon request.