reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.9 - Safeguarding of Information and Investigations

Current through 2024-29, July 17, 2024
All employees and other persons involved in the
				  administration of the CSBG program shall adhere to the following policy
				  regarding the safeguarding of information:
A. Except as provided in Subsection B, the
				names of applicants for assistance from programs administered by a CAA and
				specific information about individually named applicants, such as income,
				assets, and assistance received, shall be confidential, shall not be open to
				public inspection, and shall not be released to any person or agency not
				directly involved in the administration or auditing of the CSBG
				program.
B. Confidential
				information, as described in Subsection A, will be released only under the
				following circumstances;
1. Information
				concerning applicants for and recipients of assistance provided in whole or in
				part with CSBG funds may be used or disclosed for purposes directly connected
				with the administration of the CSBG or related program, including:
a. Establishing eligibility;
b. Determining type and amount of assistance;
				and
c. Providing services for
				applicants and recipients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.10 - Allocation

Current through 2024-29, July 17, 2024
A. The allocation of Community Services Block
				Grant funds shall be distributed as follows:
1. At least 90% shall be passed through to
				designated community action agencies.
a.
				Fifty percent (50%) of the amount passed through shall be divided equally among
				all designated agencies. If two designated agencies combine into one designated
				agency, they shall be treated as two designated agencies for the first year for
				the purpose of this subsection (a).
b. Fifty percent (50%) of the amount passed
				through shall be divided among all designated agencies based on each agency's
				percentage of the State's low-income households.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of these rules is to Implement on a state and
				  local level the state Head Start Program for which funds have been Appropriated
				  by the Legislature. These funds were provided for the expansion of the already
				  existing federal Head Start programs. These rules provide uniform guidelines
				  for the administration of the program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.2 - Definitions

Current through 2024-29, July 17, 2024
A "Administrative costs" are all costs other
				than those which are incurred in carrying out the education, health, social
				service, and parent involvement functions prescribed in these rules. These
				costs include, but are not limited to, the personnel and other costs of overall
				planning, coordination, general program direction, accounting, bonding,
				insurance, and the allocated costs of occupying, operating, and maintaining the
				space utilized for these purposes.
B Reserved
C "Community action agency" means a public or
				private nonprofit agency or organization designated as a community action
				agency pursuant to the Community Services Act,
				 5 MRSA
				§3519.
D "Delegate agency" means a public or private
				organization, agency or individual to which a grantee has delegated all or part
				of its responsibility for operating a Head Start program.
E "DCS" means the Division of Community
				Services.
F "Enrollment year" means
				the period of time, not to exceed twelve months and not less than thirty-two
				weeks, during which a Head Start program provides classroom or other program
				activities for children enrolled in the program.
G "Family" means all persons living In the
				same household who are:
(I) Supported by the
				income of the parent(s) or guardian(s) of the child enrolling or participating
				in a Head Start program, and
(ii)
				related to the parent(s) or guardians) by blood, marriage, or
				adoption.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.3 - Head Start Grants Administration

Current through 2024-29, July 17, 2024
A. Purpose and
				Scope
This part establishes regulations applicable to program
				  administration and grants management for all Head Start grants.
B. General Requirements
1. Applicable Regulations
The following HHS regulations shall apply to all grants made
				  under these rules:
OMB Circular A-110 Attachment O Procurement Standards
OMB Circular A-110 Attachment N Property Management
OMB Circular A-110 Attachment F Standards for Financial
				  Systems
OMB Circular A-122 Cost Principles for Non-Profit
				  Organizations
2. Nondiscrimination
No person shall be excluded from participation in, be denied
				  the benefits of, or be subjected to discrimination under the Head Start Program
				  on the basis of race, color, national origin, sex, age or condition of
				  handicap.
3. Insurance and
				Bonding
a Private nonprofit Head Start
				agencies and their delegate agencies shall carry reasonable amounts of student
				accident insurance, liability insurance for accidents of their premises, and
				transportation liability insurance.
b Private nonprofit Head Start and delegate
				agencies shall make arrangements for bonding officials and employees authorized
				to disburse program funds.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.4 - Review of Applications and Funding of Grantees

Current through 2024-29, July 17, 2024
A. Purpose and Scope
The purpose of this part is to set forth policies and
				  procedures for the review of applications and initial funding and refunding of
				  Head Start grantees and for the selection of replacement grantees In the event
				  of the voluntary or involuntary termination, or denial of refunding of Head
				  Start programs. It Is intended that Head Start programs be administered
				  effectively and responsibly; that applicants to administer programs receive
				  fair and equitable consideration; and that the legal rights of current Head
				  Start grantees be fully protected.
B. Selection of Grantees
The DCS will select those grantees selected by the Department
				  of Health and Human Services to operate the federal, Head Start program.
				  Beginning with FY '86 funds, the notice of grant award shall allocate the
				  minimum number of children to be served. Whenever the Department of Health and
				  Human Services terminates or suspends a grant or denies refunding to a grantee,
				  the DCS will take the same action against the grantee.
C. Consultation with Public Officials and
				Consumers
The DCS will consult with HHS, appropriate local government
				  officials, Head Start Policy Council and other appropriate representatives of
				  communities to be served on the proposed replacement of Head Start
				  grantees.
D. Notice for
				Show Cause and Hearing
a Except In emergency
				situations, the DCS will not suspend financial assistance unless the grantee
				has been given an opportunity to show cause why such action should not be
				taken.
b The DCS will not terminate
				a grant, suspend a grant for longer than 30 days, or deny refunding to a
				grantee, unless the grantee has been given an opportunity for a
				hearing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.6 - Eligibility Requirements and Limitations for Enrollment in Head Start

Current through 2024-29, July 17, 2024
A. Age Eligibility of Children
Unless the Head Start agency's approved grant provides
				  otherwise, only those children between three years of age and the age of
				  compulsory school attendance are eligible to enroll and participate in the Head
				  Start program.
B. Family
				Income Eligibility
At least 90 percent of the children who are enrolled in each
				  Head Start program shall be from low-income families. No more than 10 percent
				  of the children who are enrolled in each Head Start program shall be from
				  families whose total annual income, before taxes, is more than the income
				  guidelines but equal to or less than 150 percent of the income guidelines. If
				  applications for admission to a Head Start program are received for more
				  children from low-income families than the Head Start program can accommodate,
				  the children from the lowest income families shall be given preference within
				  the geographic area to be served.
C. Handicapped Children
After July 1, 1985 no less than 10 percent of the total
				  number of enrollment opportunities in Head Start programs In each State shall
				  be available for handicapped children who are eligible to participate under
				  VI.A.
D. Enrollment and
				Re-enrollment
a An application for enrollment
				of children in a Head Start program may be made at any time during the program
				year. The Head Start agency must make an eligibility determination prior to
				permitting a child to participate in the Head Start program.
b If a child has been found eligible and is
				participating In a Head Start Program, he or she remains eligible through the
				enrollment year with respect to which such eligibility determination was made
				and the Immediately succeeding enrollment year.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › Section 144-5-1.7 - Monitoring and Technical Assistance

Current through 2024-29, July 17, 2024
A. Program
				Monitoring
The DCS will employ sufficient staff to monitor compliance
				  with these Rules and with each grantee's performance standards plan and
				  sub-grant.
1. The DCS staff will be
				responsible for making periodic on-site visits to each grantee.
2. Monitoring visits will include a thorough
				review of outreach, application, certification, denial, and investigative
				procedures.
3. The DCS staff will
				be required to submit timely reports of all program monitoring visits to the
				Head Start Program Director, the Head Start agency's Executive Director and the
				Division's Program Director.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 5 - HEAD START PROGRAM RULES › APPENDICES

Current through 2024-29, July 17, 2024
Note: The paper copy of this Chapter included an undated
				  excerpt from a federal document with a running header reading: Title 45 -
				  Public Welfare, Chapter XIII, Office of Human Development, Department of HHS.
				  Appendix A within this document is titled: Program Options for Project Head
				  Start. Appendix B is titled: Head Start: Policy Manual: The Parents. The
				  appendices are not available here in machine readable form and have likely been
				  superseded.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 10 - GRIEVANCE PROCEDURES FOR THE HANDICAPPED

Current through 2024-29, July 17, 2024
SECTION 504 GRIEVANCE PROCEDURE
The Department of Human Services has adopted the following
				internal grievance procedure providing for prompt and equitable resolution of
				complaints alleging any action prohibited by federal regulations implementing
				Section 504 of the Rehabilitation Act of 1973, as amended { 29 U.S.C. 6794 ).
Section 504 states, in part, that "No otherwise qualified
				handicapped individual shall, solely by reason of his handicap, be excluded
				from the participation in, be denied the benefits of, or be subjected to
				discrimination under any program or activity receiving Federal financial
				assistance."
This 504 grievance procedure is not meant to preclude other
				avenues of relief for the grievant.
The law and regulations may be examined in the office
				of:
Brian Trask
State Handicapped Accessibility Coordinator
Department of Human Services
11 State House Station
Augusta, ME 04333
207/287-2141
who has been designated to coordinate the efforts of the
				Department of Human Services to comply with the regulations.
1. A complaint must be filed in writing or
			 verbally within 180 days of the alleged violation with the Agency 504
			 Coordinator, contain the name and address of the person filing it, and describe
			 the action alleged to be prohibited by the regulations.
2. The Agency 504 Coordinator or his designee
			 shall conduct an investigation to determine the validity of the complaint. The
			 investigation shall include an opportunity for the grievant, by requesting an
			 informal conference 30 days of filing the complaint, to confront the people
			 responsible for the action complained against. The 504 Coordinator shall,
			 [immediately upon receipt of the complaint, inform the grievant in writing of
			 his right to request a conference. If the grievant requests and participates in
			 a conference, he shall have an opportunity to present evidence and arguments on
			 all issues, to cross-examine any person present and testifying, and to be
			 represented at the conference. The 504 Coordinator shall be responsible for
			 creating and maintaining a record or report of the conference. If the grievant
			 does not request a conference, he shall still have the right to present
			 evidence such as documents and written statements to the 504 Coordinator for
			 con consideration during the investigation. The Agency 504 Coordinator shall
			 provide the Agency head with a written report of the findings of the
			 investigation, including the record or report of the informal conference, if
			 such a conference occurred.
3. The
			 agency head shall issue a written decision within 60 days of the date the
			 complaint was filed describing what action, if any, she/he will take regarding
			 the complaint.
4. The 504
			 Coordinator will maintain the 504 complaint files of the agency for two
			 years.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-1 - INTRODUCTION

Current through 2024-29, July 17, 2024
In 2003, pursuant to P.L. 2003 c. 689, the
				  121st Legislature created a new Department of Health
				  and Human Services (hereafter, "the Department"), charged with the mission of
				  providing health and human services to the people of Maine.
				   22-A M.R.S.A.
				  §101
et seq.
The
				  Department is the successor in every way to the powers, duties and functions
				  that were formerly assigned to the Department of Human Services (DHS) pursuant
				  to
				  22
				  M.R.S.A. §1
et seq.,
and to the Department of Behavioral and Developmental Services (BDS) pursuant
				  to
				   34-B M.R.S.A.
				  §1001
et seq.
This rule establishes the Department's policies governing its
				  purchase of services. It repeals and replaces the following rules:
Maine Department of Human Services:
10-149 CMR Ch. 3, Bureau of Elder & Adult Services Fiscal
				  Policies & Procedures Manual
10-144 CMR Ch.102 Bureau of Medical Services Purchase of
				  Service Rules
10-148 CMR Ch. 5, Bureau of Child & Family Services
				  Purchase of Service Policy Manual:
Section II(A), (B), (E), (F)
Section III
Section IV(A), (B), (C), (D), (E), (G)
10-144 CMR Ch. 608, Bureau of Income Maintenance Purchase of
				  Service Contracts
Maine Department of Behavioral and Developmental
				  Services
14-118 CMR Ch. 1, Guidelines for Grants and Purchase of
				  Service Agreement
Section
				  2(B)(16)(n),
				  (q), (t), (u), (v)
Section
				  2(B)(17)
Section
				  2(B)(8)(b),
				  (e)
Section V
Section VI
14-191 CMR Ch. 9, Fiscal Accountability Rules and Exceptions
				  to Federal OMB Circulars
Ch. 45, Service Agreement
14-193 CMR Ch. 3, Community Mental Health Service Agency
				  Standards for Fiscal Accountability
14-197 CMR Ch. 1, Funding Guidelines for Community Based
				  Mental Retardation Services
BDS Policy Manual 02 AP 10 Contract
				  Management
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-2 - AUTHORITY

Current through 2024-29, July 17, 2024
AUTHORITY:
22 M.R.S.A.
				  §§12 & 42;
				   22-A M.R.S.A.
				  §203(4) and §
									205(2)
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-3 - PURPOSE AND APPLICABILITY; LIMITATION

Current through 2024-29, July 17, 2024
This rule establishes the basic standards governing the
				  purchase of services provided on behalf of the Department, which are supported
				  by State, Federal or other funds administered by the Department. It applies to
				  all agreements, including contracts, grants and cooperative agreements for the
				  purchase of services from community agencies, individuals, institutions of
				  higher education, and other providers, as authorized by State or Federal laws
				  and rules. Services may be purchased by the Department only within the limits
				  of available funding.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-4 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Agreement
means a legally
				binding written document between the Department and a provider, that specifies
				the terms and conditions under which services will be provided, and identifies
				the mutual obligations of each party. An agreement may take the form of a
				contract, grant or cooperative agreement, depending on its purpose. The
				specific form of any agreement may vary, depending upon its purpose, or upon
				the amount of funds expended. Purchase of service agreements must conform to
				Division of Purchases requirements, and to State performance-based contracting
				requirements.
2.
Agreement
				Administrator
means a Department staff person assigned the
				responsibility for developing, negotiating, and monitoring the performance of
				any agreement.
3.
Department
means the Maine Department of Health and Human Services (DHHS).
4.Division of Purchases
means the division of
				  the Department of Administration and Financial Services (DAFS) in the Bureau of
				  General Services, with responsibility for the administration of purchases by
				  State agencies. The Department's purchase of service agreements must conform to
				  Division of Purchases requirements. Website:
http://www.Maine.gov/purchases/
5.Provider
means an individual, a community
				  agency, or other business entity that enters into a contractual agreement with
				  the Department to provide services.
6.Sub-agreement
means a legally binding
				  agreement between a provider and another entity, the purpose of which is to
				  assist the provider in carrying out the terms of an Agreement with the
				  Department. Sub-agreements must be approved by the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-5 - Conditions for Purchasing Services

Current through 2024-29, July 17, 2024
1. An agreement
				to purchase services shall be entered into at the sole discretion of the
				Department. However, the Department may elect to purchase services within the
				limits of available funding when:
A. the
				Department has determined that the need to purchase services exists because:
(1) client services from a provider or
				individual will exceed $2,500 per year per provider or individual; or
(2) purchased services will aid the
				Department in its operations, or
(3) MaineCare regulations require the
				execution of an agreement as an authorization to bill MaineCare for services;
				and
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-6 - Provider Requirements

Current through 2024-29, July 17, 2024
Providers offering to provide services to the Department
				  through purchase of service agreements must be individuals or entities
				  authorized to do business in Maine, and, where applicable, be in "good
				  standing" status with the Secretary of State; or be public or educational
				  entities as specified by the funding source. Providers must maintain complete
				  and accurate fiscal and programmatic records consistent with State and Federal
				  standards, comply with applicable licensing or certification standards, perform
				  the terms of the agreement consistent with State performance contract
				  requirements, cooperate with the Department in carrying out the terms of the
				  agreement, and promptly resolve problems under the agreement as they may from
				  time to time arise.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-7 - Request for Proposals (RFP)

Current through 2024-29, July 17, 2024
As needed, the Department may select providers by issuing a
				  Request for Proposals (RFP). An RFP is a document listing the scope of work,
				  requirements of the state and all evaluation criteria for a service needed by
				  the state. The Department follows the rules for the RFP process as established
				  by the Division of Purchases (See Department of Administrative and Financial
				  Services, Division of Purchases, "Rules for the Purchase of Services and
				  Awards," 18-554 C.M.R. Ch. 110, §
									2 ).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-8 - Agreement Terms, Entire Agreement

Current through 2024-29, July 17, 2024
In all cases, the specific terms of an executed written
				  agreement between a provider and the Department determine the rights and
				  responsibilities of the parties, and establish the entire agreement of the
				  parties. Purchase of service agreements shall be in such form as the Department
				  may direct, and the Department may make use of standard forms and riders.
				  Revisions and amendments are within the sole discretion of the Department,
				  subject to the timely submission of information by the Provider as described in
				  the agreement. All revisions and amendments must be in writing and signed by
				  the parties.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-9 - Agreement Approval Process and Funding

Current through 2024-29, July 17, 2024
1. The
				Department shall designate an Agreement Administrator for each proposed
				purchase of service agreement. The Agreement Administrator will be responsible
				for the negotiation, approval and monitoring of the agreement. The Agreement
				Administrator shall have the authority to take action on behalf of the
				Department in carrying out the terms of the agreement. Depending upon the
				circumstances, this authority may be subject to review and approval by the
				Commissioner or by the designee.
A. All
				agreements approved for funding by the Department are subject to review and
				approval by the Commissioner or his/her designee.
B. Where applicable, unless otherwise waived,
				agreements also shall require review and approval by the Department of
				Administrative and Financial Services.
C. No agreement payments shall issue prior to
				approval and encumbrance. Payments must be used during the term of the
				agreement only, and may not be used to pay for costs incurred prior to or
				subsequent to the term of the agreement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-10 - Agreement Contents

Current through 2024-29, July 17, 2024
Purchase of service agreements with the Department shall
				  consist of such forms and riders as the Department may designate. Form and
				  content may vary depending on the Department's program needs and the services
				  purchased. The Department's agreements shall conform to State standard
				  agreement requirements established by the Department of Administrative and
				  Financial Services, Bureau of General Services, as applicable. For example, in
				  cases in which a standard state agreement is appropriate, the agreement may
				  contain such standard Riders as Rider A (Specifications of the Services to be
				  provided); Rider B (Method of Payment and other Provisions); Rider C
				  (Exceptions to Rider B, if applicable); Rider D (Additional Provisions, if
				  applicable); Rider E (Additional Program Requirements, if applicable); Rider F
				  (Budget, Settlement Form, Compliance Form, if applicable); and any other riders
				  required by the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-11 - Sub-Agreements

Current through 2024-29, July 17, 2024
A provider is wholly responsible for ensuring that the terms
				  and conditions of its agreement are met, even if some services are provided
				  through sub-agreements approved by the Department. The Department will consider
				  the provider to be the sole point of contact regarding any matters under the
				  agreement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-12 - Agreement Administration

Current through 2024-29, July 17, 2024
The Agreement Administrator shall monitor the provider's
				  compliance with the terms of the agreement, including but not limited to
				  timeliness, completeness and accuracy of all fiscal expenditure reports,
				  service delivery reports, performance based contracting reports and all other
				  reports required under the Agreement. The provider shall provide all compliance
				  documentation, including all reports required by the agreement, for the
				  Administrator's review. Monitoring and administration may include site visits
				  and program reviews. The Department may require the provider to take corrective
				  action if, in the Department's determination, corrective action is required for
				  compliance.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-13 - Payment and Settlement

Current through 2024-29, July 17, 2024
The payment terms of the agreement shall control amounts and
				  disbursements of funds. All payments shall be subject to the availability of
				  funds from State and Federal appropriations. Payment shall be authorized only
				  when the agreement is approved as described in Section
				  9. Settlement of accounts at the close
				  of the agreement period shall be governed by the terms of the
				  agreement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-14 - Agreement Renewal

Current through 2024-29, July 17, 2024
Renewal of a purchase of services agreement is in the sole
				  discretion of the Department. Each agreement period is solely defined by the
				  period of time identified in the agreement, and may not be renewed without a
				  written agreement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 24 - PURCHASE OF SERVICE RULES › Section 144-24-15 - Enforcement and Choice of Law

Current through 2024-29, July 17, 2024
Purchase of service agreements are legally binding
				  contractual documents enforceable under the laws of Maine.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Section 144-30-01 - APPLICABILITY AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
PURPOSE
				AND APPLICABILITY
EFFECTIVE DATE: July 1, 2012
Pursuant to 5 M.R.S.A. Section1660-H, this document presents
				  implementing regulations for the Maine Uniform Accounting and Auditing
				  Practices for Community Agencies (MAAP). The regulations establish accounting,
				  audit and administrative requirements for community agencies receiving
				  financial assistance in the form of agreements with the Department.
The
Accounting and Financial Management Standards for
				  Community Agencies
(Section .02) provide a framework of standards of
				  accountability over Department agreement funds received by community agencies.
				  The rules prescribe internal control standards and financial reporting
				  standards for every community agency receiving agreement funding from the
				  Department. Total amounts of agreement expenditures will determine whether
				  community agencies must submit entity-wide audited financial statements and a
				  compliance audit or reviewed entity-wide financial statements and supplemental
				  Schedule of Expenditures of Department Awards (SEDA). All community agencies
				  with $50,000 or more of annual agreement expenditures are responsible for a
				  Schedule of Expenditures of Department Agreements.
The
Audit Requirements
(Section .03) provide
				  rules to assist Independent Public Accountants (IPA) in auditing Department
				  agreements with community agencies. The rules define those community agencies
				  which must obtain audits of entity-wide financial statements and Schedule of
				  Expenditures of Department Agreements and compliance with applicable laws and
				  regulations. This document recognizes the federal audit requirements of Office
				  of Management and Budget Circular A-133 as applicable to community agencies and
				  builds upon those requirements.
1.
				These rules require all community agencies with total agreement expenditures of
				at least $500,000 per year to have an entity-wide financial audit conducted by
				a qualified IPA and to have a compliance audit of the SEDA.
2. Community agencies with less than $500,000
				per year in total agreement expenses are not required to have an entity-wide
				financial audit or compliance audit of the SEDA conducted by a qualified IPA.
Standard Administrative Requirements and Compliance
				  for Department agreements
(Section .04) provide uniform rules for
				  Department agreements with community agencies to include such areas as standard
				  cost principles, and additional compliance requirements.
The
Department Responsibilities
(Section .05)
				  define the duties of Department program and audit personnel in administering
				  agreements under these rules.
TheCommissioner of the Maine Department of Health and Human
				  Services is responsible for the administration of these regulations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Section 144-30-02 - ACCOUNTING AND FINANCIAL MANAGEMENT STANDARDS FOR COMMUNITY AGENCIES

Current through 2024-29, July 17, 2024
SUMMARY:
To outline minimum standards for the
				  presentation of financial statements and the Schedule of Expenditures of
				  Department Agreements (SEDA), dollar thresholds for presentation of financial
				  statements and the SEDA, record retention standards, internal control standards
				  and timetables for reporting.
A.
STANDARDS FOR PRESENTATION OF FINANCIAL STATEMENTS
Responsibility for financial statements - Community agencies
				  will be required to submit audited entity-wide financial statements and
				  compliance audit to each funding Department if annual agreement expenditures
				  equal or exceed $500,000. Community agencies with annual agreement expenditures
				  of at least $100,000 but less than $500,000 will be required to submit
				  entity-wide financial statements and the supplemental SEDA that have been
				  reviewed by a qualified IPA. Agreement expenditures are the amount of agreement
				  funds earned on the financial claims submitted to the Department.
1.
Federal Standards
If the community agency is required to have a single audit of
				  financial statements in accordance with OMB Circular A-133, that audit should
				  be conducted and reported in accordance with those standards and should include
				  all Federal awards which pass through the Department. That audit will satisfy
				  the entity-wide financial audit requirement of these rules.
If the community agency can satisfy its federal audit
				  requirement through a program-specific audit as specified in OMB Circular
				  A-133, §__.235 and its Federal funds are the only amounts awarded within
				  its State agreements, that audit will satisfy the audit requirement of these
				  rules.
2.
Department
				Standards
(a)
TIER 1- Less than
				$100,000
If a community agency has less than $100,000 in total annual
				  agreement expenditures of agreement funding from the Department, no entity-wide
				  financial statements are required.
(b)
Tier 1 - Between $100,000 and
				$500,000
Community agencies with total annual agreement expenditures
				  of $100,000, but less than $500,000, must have an entity-wide review of its
				  financial statements and supplemental SEDA conducted by a qualified IPA.
Tier 1 option - A community agency within Tier 1 may opt to
				  follow the rules for audits and reporting under Tier 2.
(c)
TIER 2 - Audited Financial
				Statements
If a community agency has $500,000 or greater in total annual
				  agreement expenditures of agreement funding from the Department, it must at a
				  minimum have an entity-wide audit of its financial statements and a compliance
				  audit of the supplemental SEDA conducted by a qualified IPA in accordance with
				  Section .03 of these rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Section 144-30-04 - STANDARD ADMINISTRATIVE REQUIREMENTS AND COMPLIANCE FOR DEPARTMENT AGREEMENTS

Current through 2024-29, July 17, 2024
SUMMARY:
This section establishes the adoption
				  of OMB Circulars and other Federal and Department guidance applicable to the
				  agreements between Community Agencies and the Department. Compliance and
				  administrative requirements are outlined, including the appeals procedure for
				  the appeals and resolution of financial issues arising from audits and
				  Department examinations.
A.
ADOPTION OF FEDERAL OMB CIRCULARS AND COMMON RULE
Administrative requirements and cost principles applicable to
				  Federal funds are adopted as being applicable to Department funded
				  agreements.
1.
Applicability
The Department will apply the following federal
				  administrative requirements and cost principles to the following
				  entities:
(a)
Nonprofit
				Entity
(i) Office of Management and
				Budget (OMB) Circular A-110, "Uniform Administrative Requirements for Grants
				and Agreements with Institutions of Higher Education, Hospitals and Other
				Non-Profit Organizations".
(ii)
				Office of Management and Budget (OMB) Circular A-122, "Cost Principles for Non-
				Profit Organizations".
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Section 144-30-05 - DEPARTMENT RESPONSIBILITIES

Current through 2024-29, July 17, 2024
SUMMARY:
The Department shall establish
				  procedures for administering agreements with Community Agencies in accordance
				  with MAAP and federal regulations. Specific Department responsibilities shall,
				  at a minimum, include the following:
A.
ADMINISTRATIVE
				RESPONSIBILITIES
1. To prepare
				requests for proposals for agreements with community agencies.
2. To negotiate agreements with community
				agencies that contain applicable accounting and administrative requirements
				contained within these rules.
3. To
				ensure each agreement between the Department and the community agency includes
				an Agreement Compliance Section and a pro forma.
(a)
Agreement Compliance Section
Each agreement shall contain a standard section which
				  presents the related agreement compliance testing requirements. Each area of
				  compliance indicated as applicable shall be cross-referenced to the
				  agreement.
(b)
Pro
				Forma Agreement Closeout Report
Each agreement shall contain a pro forma to illustrate the
				  close-out method to be applied. Illustrative amounts should be filled in on the
				  pro forma.
(c)
Special Provisions
An agreement may present in the Agreement Compliance Section
				  an applicable special compliance area in addition to the standard areas.
				  Special compliance areas must have a measurable effect to the agreement. Any
				  special compliance area must be identified and cross-referenced to the
				  agreement. In addition, a separate page must be inserted in the agreement which
				  specifies the compliance requirements.
4. To provide technical advice to community
				agencies and IPAs to assist them in understanding their responsibilities under
				the agreement.
5. To monitor
				agreement fiscal and program performance.
6. To resolve agreement balances resulting
				from audits and examinations.
7. To
				apply sanctions as described in Section .02 G when necessary.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Appendix 144-30-B - INSTRUCTION FOR COMPLETION OF SCHEDULE OF EXPENDITURES OF DEPARTMENT AGREEMENTS

Current through 2024-29, July 17, 2024
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Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 30 - MAINE UNIFORM ACCOUNTING AND AUDITING PRACTICES FOR COMMUNITY AGENCIES › Appendix 144-30-C - Illustrative Auditor's Report

Current through 2024-29, July 17, 2024
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Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-2 - APPLICATION AND LICENSING

Current through 2024-29, July 17, 2024
A.
Application
. Applicants must comply with the following
				requirements and procedures in this subsection to obtain a license.
1. The applicant must be at least 18 years
				old.
2. A provider must be at least
				16 years old, and, if younger than 18 years old, must be under the direct
				supervision of an adult.
3. An
				application for an initial license must be filed with the Department.
				Applications filed with the Department that remain incomplete for 60 days are
				void.
4. The Department shall only
				review a complete application. A complete application for an initial license
				includes the completed application form furnished by the Department, the
				application fee and the following:
a.
				Documentation of current certification in adult, child and infant
				cardiopulmonary resuscitation (CPR) and first aid.
b. A site plan that clearly identifies:
i. The premises;
ii. A floor plan indicating all areas where
				children will be served; and
iii.
				Any businesses co-located on the premises.
c. Water testing results from a
				Maine-certified laboratory in accordance with Section 13 of this
				rule.
d. Verification of completion
				of Department-approved pre-licensing training, as described in Section 9.
e. Clearance by the Department
				regarding background checks as described in Section 6 of this rule.
5. All applicants must comply with
				the State Fire Marshal's Office, Department of Public Safety, regarding any
				restrictions on the ages of children or limitations on the use of basements,
				specific rooms within the property, or floors above the ground level.
The Department and a representative of the State Fire
				  Marshal's Office will conduct onsite inspections of the premises to evaluate
				  compliance with this rule and applicable statutes including but not limited to
				  the
Life Safety Code
(16-219 C.M.R. Chapters 2, 5, 6, 17 and
				  20). The Department and State Fire Marshal must complete their inspections, and
				  the applicant must be in compliance with these requirements before the
				  Department will issue a license.
7. The licensee must have a written plan for
				evacuation in the event of a fire, natural disaster or other threatening
				situation that may pose a health or safety hazard to the children in the family
				child care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-3 - FEES

Current through 2024-29, July 17, 2024
A.
Fees.
A licensing fee must be
				submitted with an initial, renewal or temporary application. Fees for licensing
				are non-refundable.
1. The application fee
				for an initial or renewed license is $160.
2. The application fee for a temporary
				license is $80.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-4 - INSPECTIONS AND INVESTIGATIONS

Current through 2024-29, July 17, 2024
A.
Inspections.
The Department generally conducts unannounced site
				inspections. The Department may conduct more frequent inspections at its
				discretion. Routine inspections occur at the following times:
1. Upon application;
2. Annually, after the date of initial
				licensure;
3. When the licensee has
				requested an increase in capacity, or a change in premises or services;
				or
4. To investigate a complaint of
				rule violation, or an allegation of suspected abuse and/or neglect.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-6 - BACKGROUND CHECKS

Current through 2024-29, July 17, 2024
A.
Pre-employment comprehensive background checks.
1. In addition to the requirements of Section
				2(A)(4)(e), licensees must request comprehensive background checks for all
				individuals over the age of 18, who will have unsupervised access to
				children.
2. Licensees may hire an
				individual on a contingent basis in accordance with
				22 M.R.S.
				§9057(4).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-7 - REPORTING

Current through 2024-29, July 17, 2024
A.
Family child care changes
.
				Licensees must provide notification to the Department of the following, within
				24 hours of occurrence:
1. Closure and date
				of closure;
2. Any renovations,
				reductions, expansions, changes to a heating system or additions to indoor or
				outdoor child care space previously approved by the Department;
3. Intent to operate at any new
				location;
4. Any changes in phone
				numbers or email contact information;
5. Information about the following
				circumstances, which may have occurred either in, or outside the State of
				Maine, regarding the provider, applicant, or other persons living or employed
				at the child care:
a. Arrests, indictments or
				convictions for sexual or violent crimes involving children or adults, or any
				illegal acts involving children, whether prosecuted or not;
b. Any condition related to physical health,
				mental health or substance abuse that would interfere with one's ability to
				perform one's duties safely;
c. Any
				arrest, indictment or conviction for operating under the influence of
				intoxicants or with an excessive blood-alcohol level (OUI), or for any other
				activity involving substance abuse;
d. Investigation by Child Protective Services
				or the Out-of-Home Investigations Team of the Department;
e. The removal of children from the
				provider's or applicant's care or custody by court order;
f. Any protection from abuse order or any
				other order that makes a finding of domestic abuse or family violence;
				or
g. Any other information
				regarding the provider's or applicant's circumstances or treatment of children,
				such as the serious injury or death of a child in the licensee's care, to
				enable the Department to determine whether there is a present threat to the
				health, safety and welfare of children.