reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Private Non-Medical Institutions › Section 144-113-III-13 - Resident and Other Records

Current through 2024-29, July 17, 2024
13.1
Summary
				  sheets
. There shall be a summary sheet maintained for each resident that
				  includes applicable information, including the resident's name, birth date,
				  date of admission, duly authorized licensed practitioner's name, address and
				  telephone number, nearest relative or friend's name, address and telephone
				  number, person to be notified in an emergency, their name, address and
				  telephone number, day program name, telephone number, address and contact
				  person, date of discharge or death and significant medical/social
				  issues.
13.2
Resident
				  records
. There shall be a record maintained for each resident that
				  contains applicable information on physical and mental condition, behavior,
				  mood, eating habits, incidents or accidents, documented proof of guardianship,
				  conservatorship, representative payee, power of attorney or other legal
				  representative, and the dates of medical examinations, other medical and dental
				  treatment and drugs prescribed.
13.3
Discharge summary
.
				  Discharge summaries must be completed in conjunction with the resident and/or
				  guardian. Documentation shall include, but not be limited to the following:
13.3.1 Reason for discharge; and
13.3.2 Targeted living arrangement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Private Non-Medical Institutions › Section 144-113-III-14 - Safety Standards

Current through 2024-29, July 17, 2024
14.1
Fire
				  safety plans
. Each facility must have a fire safety plan. The fire
				  safety plan and any changes in the plan are to be developed in conjunction with
				  and approved by, local or state fire authorities.
[Class
				  III]
14.2
Elements
				  of a fire safety plan
. The plan shall note steps to be taken, location
				  of emergency exits, evacuation procedures and the telephone numbers of police,
				  fire, ambulance and duly authorized licensed practitioners or other individuals
				  to contact in an emergency. The fire safety plan shall be posted conspicuously
				  in the facility.
14.3
Drills
				  or rehearsals
.
14.3.1 Timed drills, as
				  described in the applicable chapters of the NFPA Life Safety Code, must be used
				  in facilities with 3 or more beds to determine a facility's capability to
				  evacuate its residents, unless the facility has elected to complete evacuation
				  scores in lieu of timed drills in accordance with the standards described in
				  the NFPA Life Safety Code 101A. When a new resident has participated in a timed
				  drill in another residential care facility within the previous 2 months, the
				  results of that drill may be used to determine evacuation capability in the
				  resident's current facility for a period of up to 4 months.
[Class
				  II]
14.3.2 Facilities with
				  3 or more beds shall conduct drills or rehearsals of the emergency steps to be
				  taken at irregular times of the day, at least 6 (six) times per year spaced
				  throughout the year. Two of the six drills must be conducted while residents
				  are asleep.
[Class II]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Private Non-Medical Institutions › Section 144-113-III-15 - Nutrition and Health

Current through 2024-29, July 17, 2024
15.1
Quality
				  and quantity of food
. The facility must offer each resident a
				  nourishing, well-balanced diet that meets the daily nutritional and special
				  dietary needs of each resident and that meets the Recommended Dietary
				  Allowances of the Food and Nutrition Board of the National Research Council,
				  National Academy of Sciences.
15.2
Resident participation in meal planning and preparation
.
				  Residents shall be encouraged to participate in food planning and preparation,
				  as appropriate.
15.3
Second-grade products
. Second-grade products such as unlabeled canned
				  goods, home canned goods, improperly sealed or unsealed containers or packages,
				  outdated food and similar foods shall not be used.
(Class
				  III)
15.4
Food
				  supplies
. Supplies of perishable foods for a forty-eight (48) hour
				  period and supplies of non-perishable foods for a three (3) day period shall be
				  on hand to meet the requirements of the planned menus.
15.5
Residents with communicable
				  diseases
. No resident with a communicable disease shall be admitted if
				  that resident's condition or behavior endangers the health and welfare of other
				  residents and no accommodation can be made to protect other residents. If an
				  accommodation such as Standard Precautions reduces or eliminates the risk of
				  exposure, then accommodations shall be made.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Private Non-Medical Institutions › Section 144-113-III-17 - Sanitation and Safety

Current through 2024-29, July 17, 2024
17.1
Cleanliness
. The facility must be kept clean and shall be maintained in
				  a condition ensuring the health and safety of residents. All refuse collected
				  in common areas or from resident's rooms shall be stored in cleanable,
				  rodent-proof, covered containers, pending removal.
[Class III]
17.1.1 The facility and surrounding premises
				  shall show evidence of routine maintenance and housekeeping and repair of wear
				  and tear shall be made in a timely fashion.
17.1.2 The administrator shall take immediate
				  steps to correct any condition, in the physical facility or on the premises,
				  which poses a danger to a resident's life, health and/or safety.
[Classes II/III]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Private Non-Medical Institutions › Appendix 144-113-III-F

Current through 2024-29, July 17, 2024
This Appendix applies only if you rent your unit from an
					 entity (the "Landlord") that is not the Provider.
A. Your Landlord is:
				  _____________________________.
B.
				  Your current monthly rent is:____________________.
C. Among other things, your lease provides
				  that you will receive the following (check all that applies):
[] All housing costs (there will be no extra
					 charges)
[] All housing costs except:
______________________________________________________
______________________________________________________
______________________________________________________
[] Semi-private room
[] Shared bathroom
[] Private room
[] Private bathroom
[] Efficiency apartment
[] One Bedroom Apartment
[] Two Bedroom Apartment
[] Other
D. Your lease is attached here for
				  reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-1 - Purpose

Current through 2024-29, July 17, 2024
These rules establish minimum standards for the licensing
					 of Level IV Private Non-Medical Institutions. These facilities are a type of
					 Assisted Housing Program that provides assisted living services, as defined in
					 Section
					 2. These rules require that services
					 be individualized to meet resident needs and encourage each resident's right to
					 independence, choice and decision making, while living in a safe
					 environment.
These rules governing the licensing and functioning of
					 Assisted Housing Programs - Level IV - Private Non-Medical Institutions - shall
					 become effective July 1, 2004.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-3 - Licensing

Current through 2024-29, July 17, 2024
3.1
Responsibility for
				  compliance
. The applicant/licensee shall comply with these
				  regulations.
3.2
Unlicensed
				  Level IV private non-medical institution (PNMI)
. No person, firm,
				  partnership, association corporation or other entity shall manage or operate a
				  Level IV private non-medical institution without a license.
3.3
Person license issued to
.
				  The license is only valid for the named licensee(s).
3.4
Application and licensure
.
3.4.1
Application required
. The
				  applicant is required to submit a written application for a license on a form
				  approved by the department. A license must be issued prior to the commencement
				  of operation, or the applicant may be subject to sanctions. Incomplete
				  applications on which no action has been taken by the applicant after sixty
				  (60) calendar days shall be void. A non-refundable licensing fee shall be
				  submitted with the application. The check shall be made payable to the
				  Treasurer, State of Maine. Fees are:
3.4.1.1
				  Private non-medical institutions - $10.00 each licensed bed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-4 - Enforcement Procedures

Current through 2024-29, July 17, 2024
4.1
Inspections required
. The provider shall submit to regular and
				  unannounced inspection surveys and complaint investigations in order to receive
				  and/or maintain a license. The provider shall give access to all records
				  required by these regulations. The department has the right to interview
				  residents and employees in private.
[Class I]
4.2
Frequency and type of
				  inspections
. An inspection may occur:
4.2.1 Prior to the issuance of a
				  license;
4.2.2 Prior to renewal of
				  a license;
4.2.3 Upon complaint
				  that there has been an alleged violation of licensing regulations;
4.2.4 When there has been a change or
				  proposed change in administrator, physical plant or services;
4.2.5 When necessary to determine compliance
				  with a Directed Plan of Correction, conditions placed on a license or that
				  cited deficiencies have been corrected;
4.2.6 For routine monitoring of resident
				  care; or
4.2.7 Any time the
				  department has probable cause to believe that an assisted housing program has
				  violated a provision of these regulations or is operating without a
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-5 - Resident Rights

Current through 2024-29, July 17, 2024
5.1
Resident
				  rights
. The assisted housing program shall promote and encourage
				  residents to exercise their rights, to age in place and make informed choices.
[Class IV]
5.2
Freedom of choice of provider.
For services and supplies not
				  provided by the licensee , each resident has the right to select the provider
				  of his/her choice.
[Class IV]
5.3
Rights regarding transfer and
				  discharge
. Each resident has the right to continued residence whenever a
				  valid contract for services is in force. The facility must show documented
				  evidence of strategies used to prevent involuntary transfers or discharges. A
				  resident shall not be transferred or discharged involuntarily, except for the
				  following reasons:
5.3.1 When there is
				  documented evidence that a resident has violated the admission contract
				  obligations, despite reasonable attempts at problem resolution;
[Class
				  IV]
5.3.2 A resident's
				  continued tenancy constitutes a direct threat to the health or safety of
				  others;
[Class IV]
5.3.3 A resident's intentional behavior has
				  resulted in substantial physical damage to the property of the assisted housing
				  program or others residing in or working there;
[Class
				  IV]
5.3.4 A resident has
				  not paid for his/her residential services in accordance with the contract
				  between the assisted housing program and the resident;
[Class
				  IV]
5.3.5 When there is
				  documented evidence that the facility cannot meet the needs of the resident as
				  the program is fundamentally designed;
[Class IV]
or
5.3.6 The license has been revoked, not
				  renewed, or voluntarily surrendered.
[Class IV]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-6 - Alzheimer's/Dementia and Other Specialty Unit Standards

Current through 2024-29, July 17, 2024
6.1
Alzheimers'/Dementia Care
				  Units
. A facility or unit designated as an Alzheimers'/Dementia Care
				  Unit shall comply with the following regulations and the facility must have
				  received written designation from the Department.
6.2
Admission requirements .
6.2.1 At the time of admission to an
				  Alzheimers'/Dementia unit, the resident's individual record must contain:
6.2.1.1 Documentation of the legal
				  representative's authority for placement, including but not limited to, the
				  order, instrument or other documentation upon which the legal representative or
				  facility relies upon for authority, the name, address and telephone number of
				  the individual(s) consenting to placement, and all other documentation required
				  by State and Federal law for valid authority.
6.2.1.2 Documentation of a physician's
				  diagnosis of Alzheimers' disease or dementia within 30 days of admission to the
				  unit.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-8 - Verification of Credentials

Current through 2024-29, July 17, 2024
8.1
Licensed
				  Staff.
Prior to employing licensed staff, the facility must verify that
				  the person has a valid and current license.
8.2
Employing CNA's and CNA-M's.
Prior to employing a CNA or CNA-M (in the capacity of a CNA or CNA-M),
				  the facility must contact the CNA Registry and determine that the CNA or CNA-M
				  is on the Registry and has not been annotated. If the CNA or CNA-M is not on
				  the Registry, or if the CNA or CNA-M has been annotated for abuse, neglect or
				  misappropriation of patient/client/resident funds in a health care setting, or
				  if the CNA or CNA-M has been the subject of a substantiated complaint involving
				  abuse, neglect or misappropriation of patient/client/resident funds in a health
				  care setting by the Department, the individual cannot be employed to function
				  as a CNA or CNA-M.
8.3
Prohibited Employment.
The facility may not hire as unlicensed assistive
				  personnel as defined in section 2.58 an individual who is prohibited from
				  employment as a certified nursing assistant as outlined below and in section
				  8.4:
8.3.1 An individual may not be employed
				  in a hospital, nursing facility, home health agency or assisted housing program
				  as a certified nursing assistant if that individual has been convicted in a
				  court of law of a crime involving abuse, neglect or misappropriation of
				  property in a health care setting; and
8.3.2 An individual may not be employed in a
				  hospital, nursing facility, home health agency or assisted housing program as a
				  certified nursing assistant if that individual:
8.3.2.1 Has been the subject of a complaint
				  involving abuse or neglect that was substantiated by the department pursuant to
				  its responsibility to license hospitals, nursing facilities, home health
				  agencies and assisted housing programs and that was entered on the Maine
				  Registry of Certified Nursing Assistants; or
8.3.2.2 Has been the subject of a complaint
				  involving the misappropriation of property in a health care setting that was
				  substantiated by the department and entered on the Maine Registry of Certified
				  Nursing Assistants.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-10 - Administration

Current through 2024-29, July 17, 2024
10.1
Administrator required
.
				  There shall be an on-site administrator who shall perform such duties as the
				  licensee may properly delegate to him/her. The administrator shall perform such
				  functions in compliance with all applicable laws and regulations and consistent
				  with the standard of conduct that a reasonable and prudent person would observe
				  in the same situation.
[Class III]
10.2
Administrator's age
. The
				  administrator shall be at least twenty-one (21) years of age.
[Class
				  III]
10.3
Qualifications of the applicant/licensee and administrator
. The
				  applicant/licensee and administrator must meet the following requirements:
10.3.1 The applicant/licensee and
				  administrator must demonstrate to the Department's satisfaction the capacity to
				  operate and manage the facility with regard for the best interests of residents
				  and consistent compliance with these regulations and all relevant laws. The
				  applicant/licensee and administrator, as part of the license application and
				  renewal process, shall consent to the release of all information that may be
				  reviewed in this Section. In making any determination under this Section, the
				  Department may consider:
10.3.1.1 Records of
				  professional licensing boards or registers, any criminal record, child
				  protective record or adult protective record relating to the applicant/licensee
				  and administrator;
10.3.1.2 Whether
				  the facility is required to have a licensed administrator by the Nursing Home
				  Administrator's Licensing Board, and whether the administrator's license is
				  current and valid;
10.3.1.3
				  Financial ability and fiscal responsibility of the applicant/licensee (such as
				  a history of timely payment of employee Federal withholding taxes, and
				  capability of obtaining financing for working capital and repairs);
10.3.1.4 Management and supervisory
				  experience, including the capacity to manage the financial operations and staff
				  of the facility for which the license is sought. A Residential Care or
				  Multi-Level Facility Administrator's License will be accepted as evidence that
				  this standard is met;
10.3.1.5
				  Experience in the field of health care, social services or areas related to the
				  provision of assisted living services. A Residential Care or Multi-Level
				  Facility Administrator's License will be accepted as evidence that this
				  standard is met;
10.3.1.6
				  Understanding of and compliance with resident rights;
10.3.1.7 Any information reasonably related
				  to the ability to provide safe and compassionate services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-11 - Administrative and Resident Records

Current through 2024-29, July 17, 2024
11.1
Individual records required
. Information pertaining to a resident's stay
				  shall be centralized in an individual record, containing the following, where
				  applicable:
11.1.1 An identification and
				  summary sheet that includes the following information:
11.1.1.1 Name, previous address and Social
				  Security number of resident;
11.1.1.2 Birth date, sex and marital
				  status;
11.1.1.3 Date of admission
				  and source;
11.1.1.4 Religious
				  affiliation;
11.1.1.5 Duly
				  authorized licensed practitioner's name, address and telephone
				  number;
11.1.1.6 Dentist's name,
				  address and telephone number;
11.1.1.7 Name, address and telephone number
				  of the legal guardian/conservator or legal representative;
11.1.1.8 Name, address and telephone number
				  of the person who will make payments for boarding care (if other than the
				  resident);
11.1.1.9 Name, address
				  and telephone number of nearest relative or friend;
11.1.1.10 Name, address and telephone number
				  of person to be notified in an emergency;
11.1.1.11 Day program name, telephone number,
				  address and contact person, if applicable;
11.1.1.12 Current diagnoses and/or physical
				  or mental disabilities and instructions as to any special care
				  required;
11.1.1.13 Language
				  spoken/communication method;
11.1.1.14 Discharge date, destination and
				  reason for discharge;
11.1.1.15
				  Record of death, if death occurs in the facility, including:
11.1.1.15.1 Date and time of death;
11.1.1.15.2 Immediate cause of
				  death;
11.1.1.16 Name,
				  address and telephone number of the person to be notified and the procedures to
				  be followed in an emergency to cover the immediate care of the resident and
				  disposition of the body at the time of death.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-13 - Staffing

Current through 2024-29, July 17, 2024
13.1
General requirements
.
				  Minimum staffing shall be adequate to implement service plans, as well as to
				  provide a safe setting. The Department reserves the right to require additional
				  personnel or to modify the requirements of this section due to the level of
				  supervision and care required by the residents, the size of the facility, and
				  distinct parts or distribution of residents throughout the physical plant. The
				  department may consider the Quality Indicator report in an analysis of the
				  adequacy of staffing. It is further required that all regular staff have
				  in-service training at least annually, in areas related to the specific needs
				  of the residents served.
13.2
Staff requirements in facilities with ten (10) or fewer beds
.
13.2.1 Facilities with ten (10) or fewer beds
				  are required to have, at a minimum, one (1) responsible adult who is at least
				  eighteen (18) years of age, present at all times whenever residents are
				  present, to perform resident care and provide supervision of residents. This
				  person shall possess the good health and judgment determined necessary by the
				  Department to carry out assigned duties. The Department may require an
				  examination and submission of a written report from a duly authorized licensed
				  practitioner or psychologist licensed to practice in Maine.
13.2.2 The name, address and telephone number
				  of all persons, other than the owner or administrator, who provide care and
				  supervision of residents shall be available to the Department upon
				  request.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-15 - Sanitation/Dietary Services

Current through 2024-29, July 17, 2024
15.1
Common
				  kitchen and areas used to prepare food
. Kitchen and areas used to
				  prepare food shall be located away from possible food contamination
				  sources.
15.2
Food service
				  sanitation
. Food shall be safe for human consumption. Food shall be
				  obtained from sources that comply with all laws pertaining to food and food
				  labeling. Fresh produce may be purchased at farm stands.
15.3
Food storage
. All food
				  shall be stored using safe and sanitary methods.
[Class III]
15.3.1 Food shall be stored at least six (6)
				  inches above the floor on clean racks, dollies or other clean
				  surfaces.
15.3.2 Food or containers
				  of food shall not be stored under, or exposed to, unprotected sewer lines or
				  water lines, except for automatic fire protection sprinkler heads that may be
				  required by law.
15.3.3 Shelving in
				  storage areas, refrigerators and freezers shall be in good condition with
				  cleanable surfaces.
15.3.4 Food not
				  subject to further washing or cooking before serving shall be stored in such a
				  manner as to be protected against contamination from food requiring washing or
				  cooking.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Section 144-113-IV-16 - Sanitation/Physical Plant Requirements

Current through 2024-29, July 17, 2024
16.1
Facility design.
The facility shall be designed, operated and maintained
				  in a manner appropriate to the special needs of the population to be
				  served.
16.2
Passable
				  road
. The facility shall be served by a road that is regularly
				  maintained and passable at all times of the year.
[Class
				  III]
16.3
Heating
				  systems
. There shall be a central heating plant connected to each room
				  or area used by residents or staff by means of a radiator, convector or
				  register. The heating system must be capable of maintaining a temperature of
				  seventy-five degrees (75°) Fahrenheit throughout resident areas of the
				  facility. Alternate types of heating systems may be approved by the Department,
				  if a uniform temperature of seventy-five degrees (75°) Fahrenheit can be
				  maintained. Systems other than electric heating shall have an annual inspection
				  and the heating source shall be tagged as being inspected.
16.4
Temperature
. Resident
				  areas of the facility shall be maintained at a temperature of seventy degrees
				  (70°), or higher as necessary to ensure the comfort of the residents.
				  Thermometers shall be placed in all resident areas. This does not apply to
				  bedrooms where residents control the temperature.
[Class
				  III]
16.5
Renting
				  space
.
16.5.1 The distinct part of the
				  facility licensed pursuant to these regulations shall have no rented
				  apartments, rooms or space for persons other than residents, except when used
				  by the licensee, administrator, immediate family members or employees of the
				  facility.
16.5.2 Adult Day Services
				  may be provided in the facility to persons residing outside of the facility,
				  with written approval from the Department to provide such services. The
				  facility must have adequate physical plant and staffing and, if providing Adult
				  Day Services to three or more consumers, must meet the requirements of
				  3.10.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Private Non-Medical Institutions › Appendix 144-113-F

Current through 2024-29, July 17, 2024
This Appendix applies only if you rent your unit from an
					 entity (the "Landlord") that is not the Provider.
A. Your Landlord is:
				  _____________________________.
B.
				  Your current monthly rent is:____________________.
C. Among other things, your lease provides
				  that you will receive the following (check all that applies):
[] All housing costs (there will be no extra
					 charges)
[] All housing costs except:
______________________________________________________
______________________________________________________
______________________________________________________
[] Semi-private room
[] Shared bathroom
[] Private room
[] Private bathroom
[] Efficiency apartment
[] One Bedroom Apartment
[] Two Bedroom Apartment
[] Other
D. Your lease is attached here for
				  reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-1 - Definitions

Current through 2024-29, July 17, 2024
As used in these rules, unless the context otherwise
				  indicates, the following terms have the following meanings.
1.1
Adverse.
"Adverse"
				describes a consequence of care that results in an undesired outcome. It does
				not address preventability.
1.2
Associated with.
"Associated with" means that it is reasonable to
				initially assume that the adverse event was due to the referenced course of
				care; further investigation or root cause analysis of the unplanned event may
				be needed to confirm or refute the presumed relationship.
1.3
Disability
. "Disability"
				means a physical or mental impairment that substantially limits one or more of
				the major life activities of an individual. (See
Americans with
				Disabilities Act
).
1.4
Discovered
. For the purposes of these rules, "discovered" means
				the point at which one becomes aware of a sentinel event.
1.5
Division.
"Division" means
				the Department of Health and Human Services (DHHS), Division of Licensing and
				Regulatory Services (DLRS).
1.6
Event.
"Event" means a discrete, auditable, and clearly defined
				occurrence.
1.7
Final Agency
				Action.
"Final Agency Action" means a decision by DHHS which affects the
				legal rights, duties or privileges of specific persons, which is dispositive of
				all issues, legal and factual, and for which no further recourse, appeal or
				review is provided within DHHS, 5 M.R.S.A. §8002.
1.8
Healthcare Facility.
"Healthcare facility" or "facility" means a state institution as defined
				by 34-B M.R.S.A. Chapter 1 or a healthcare facility licensed by the division,
				excluding a facility licensed as a nursing facility by 22 M.R.S.A. Chapter 405
				or licensed as an assisted housing program by 22 M.R.S.A. Chapter 1664.
				"Healthcare facility" includes:
1.8.1 A
				general and specialty hospital licensed pursuant to 22 M.R.S.A. Chapter
				405.
1.8.2 An ambulatory surgical
				facility licensed pursuant to 22 M.R.S.A. §1812-E.
1.8.3 An end-stage renal disease (ESRD)
				facility licensed pursuant to 22 M.R.S.A. Chapter 412. These rules do not apply
				to home dialysis. Home dialysis means dialysis performed at home by an ESRD
				patient or caregiver who has completed an appropriate course of
				training.
1.8.4 An intermediate
				care facility for individuals who are intellectually disabled (ICF/IID)
				licensed pursuant to 22 M.R.S.A. Chapter405.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-2 - Facility Responsibilities

Current through 2024-29, July 17, 2024
2.1
Notification and Reporting System.
A health care facility must have a
				Sentinel Event Notification and Reporting System as part of its facility-wide,
				integrated patient safety program for all departments, programs, and services
				within the facility that includes but is not limited to:
2.1.1
Discovery System.
Each
				health care facility shall have policies and procedures for identifying a
				sentinel event (Section 1.22). The written policies and procedures must include
				but not limited to the following:
2.1.1.1
				Copy of the current Sentinel Events Reporting law, 22 M.R.S.A. Chapter
				1684.
2.1.1.2 Copy of the current
Rules Governing the Reporting of Sentinel Events
, 10-144
				C.M.R. Ch. 114.
2.1.1.3 Procedures
				for preservation of evidence, including but not limited to the following:
2.1.1.3.1 Procedure for sequestering
				equipment involved in the event.
2.1.1.3.2 Procedure for sequestering other
				evidence including but not limited to medication vials and intravenous (IV)
				administration bags.
2.1.1.3.3
				Procedure for identifying clinical indications for requesting an
				autopsy.
2.1.1.4
				Procedure for periodically reviewing a sample of death logs, transfer logs,
				patient complaints, patient records submitted for case review, resuscitation
				reviews and other records as a quality assurance mechanism to assure that cases
				are being identified and reported.
2.1.1.5 Procedure for communicating the
				definition of a sentinel event throughout the organization.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-3 - Standardized Procedures

Current through 2024-29, July 17, 2024
3.1
Notification by next business day.
The healthcare facility must notify
				the SET of a sentinel event (Section 1.22) by the next business day after the
				event occurred or the next business day after the facility discovers that the
				event occurred. The notification must include but is not limited to the date
				and time of notification, the name of the health care facility, the type of
				sentinel event, and the date and time the sentinel event occurred. See 22
				M.R.S.A. §8753(1).
3.2
Notification Procedure.
Immediately upon discovery of a sentinel event,
				the facility must act in accordance with its notification procedures as
				required by Section 2.1 of these rules.
3.2.1
				Notification of the discovery of a sentinel event must not be delayed secondary
				to internal deliberations or pending autopsy or medical examiner
				results.
3.2.2 Within 1 business
				day of the discovery of a sentinel event, the healthcare facility must send the
				department-approved sentinel event notification form to the SET by facsimile or
				encrypted e-mail.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-4 - Root Cause Analysis (RCA)

Current through 2024-29, July 17, 2024
4.1
Primary
				Emphasis.
The division shall place primary emphasis on ensuring
				effective corrective action by entities that are subject to these rules. See 22
				M.R.S.A. §8755(1).
4.2
RCA Required
. The healthcare facility is required to submit to the SET a
				thorough and credible root cause analysis no later than 45 days after
				notification of the sentinel event. The RCA may exclude protected professional
				competence review information pursuant to the
Maine Health Security
				Act
.See 22 M.R.S.A. §8753(2).
4.3
RCA Report
. The RCA must be
				submitted in an envelope labeled 'confidential' and the written report must
				contain at least the following:
4.3.1
				Facility-specific unique identifier provided by the SET.
4.3.2 The root cause analysis.
4.3.3 Signature of the chief executive
				officer (CEO) of the facility.
4.3.4 Other information significant to the
				identification of systems improvements with the goal being prevention of the
				recurrence of a similar sentinel event, including but not limited to the
				following:
4.3.4.1 The final timeline of
				events.
4.3.4.2 Identification of
				the occurrence of a similar event or events.
4.3.4.3 Evidence of evaluation of the
				corrective actions implemented as a result of the similar event or
				events,
4.3.4.4 Evidence of
				communication with the receiving facility in the event of an inter-facility
				transfer.
4.3.4.5 An action plan
				that includes at least the following:
4.3.4.5.1 Where improvement actions are
				planned, identification of who is responsible for implementation, when the
				action will be implemented (including any pilot testing), and how the
				effectiveness of the action will be evaluated.
4.3.4.5.2 Identification of actions and
				rationale that clearly and specifically address each proximal cause and
				contributing factor of the sentinel event.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-5 - Near Miss Events

Current through 2024-29, July 17, 2024
5.1
Voluntary Self-Reporting.
A healthcare facility may notify the SET of
				the occurrence of a near miss event. Reports shall be made on
				department-approved forms and include requested documentation. 22 M.R.S.A. Sec.
				8753(5).
5.2
Report.
The Sentinel Events Annual Report shall include near miss aggregate data
				analysis for near miss detection methodologies, causative factors and safety
				improvements.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-6 - Consumer Complaints: SET Compliance Review

Current through 2024-29, July 17, 2024
6.1
Complaints.
Any person with
				a licensing complaint may contact the division's Intake and Complaints Unit at
				1-800-383-2441. If, upon review, the division determines that the reported
				event constitutes a sentinel event, it is referred to the SET.
6.2
SET On-site review.
The SET
				may conduct an announced and unannounced visit to any facility to achieve the
				following:
6.2.1 Determine compliance with
				these rules.
6.2.2 Perform reviews
				based on complaints received by the division.
6.2.3 Perform reviews based on third-party
				case identification.
6.2.4 Review
				documents including but not limited to medical records, RCA reports, and
				committee meeting minutes. Professional competence review information protected
				pursuant to the
Maine Health Security Act
is
				excluded.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-7 - Confidential and Privileged Information

Current through 2024-29, July 17, 2024
7.1
Confidential and privileged information.
Communication with the division
				is privileged and confidential.
7.1.1 The
				division shall take appropriate measures to protect the security of any
				information to which these rules apply.
7.1.1.1
Consultants.
When
				consultants are retained by the SET they shall be held to the same standards
				regarding confidentiality and privileged information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 114 - Rules Governing the Reporting of Sentinel Events › Section 144-114-8 - Enforcement

Current through 2024-29, July 17, 2024
8.1
Immunity.
A person who in
				good faith reports a near miss event, a suspected sentinel event or a sentinel
				event or provides a RCA pursuant to these rules is immune from any civil or
				criminal liability for the act of reporting or participating in the review
				conducted by the SET.
8.1.1 "Good faith" does
				not include instances when a false report is made and the person reporting
				knows the report is false. These rules may not be construed to bar civil or
				criminal action regarding perjury or regarding the sentinel event that led to
				the report.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 115 - PRINCIPLES OF REIMBURSEMENT FOR RESIDENTIAL CARE FACILITIES - ROOM AND BOARD COSTS › Section 144-115-10 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of these Principles is to comply with 22 Maine
				  Revised Statutes Annotated, Section 10, namely: to provide for payment of room
				  and board costs in residential care facilities through the use of rates which
				  are reasonable and adequate to meet the costs which must be incurred by
				  efficiently and economically run facilities in order to provide room and board
				  in conformity with applicable State and Federal laws, regulations, and quality
				  and safety standards. The Department shall establish limits on cost components
				  as a means of controlling costs and allocating funds.
10.1
Scope
These rules apply to Level III and Level IV residential care
				  facilities or Private Non-Medical Institutions, who are eligible MaineCare
				  Providers, as defined in Chapter 113 - Regulations Governing the Licensing and
				  Functioning of Assisted Housing Programs
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 115 - PRINCIPLES OF REIMBURSEMENT FOR RESIDENTIAL CARE FACILITIES - ROOM AND BOARD COSTS › Section 144-115-11 - AUTHORITY

Current through 2024-29, July 17, 2024
The authority of DHHS to accept and administer any funds
				  that may be available from private, local, State, or Federal sources for the
				  provision of the services set forth in these Principles of Reimbursement is
				  established in Title 22 of the Maine Revised Statutes Annotated, §
									10 and §3173. The regulations
				  are issued pursuant to authority granted to DHHS by Title 22 of the Maine
				  Revised Statutes Annotated 42(1).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 115 - PRINCIPLES OF REIMBURSEMENT FOR RESIDENTIAL CARE FACILITIES - ROOM AND BOARD COSTS › Section 144-115-12 - RESPONSIBILITIES OF OWNERS OR OPERATORS

Current through 2024-29, July 17, 2024
The owners or operators of a residential care facility shall
				  prudently manage and operate a residential health care program of adequate
				  quality to meet its member's needs. Neither the issuance of a per diem rate,
				  nor final orders made by either the Commissioner or a duly authorized
				  representative shall in any way relieve the owner or operator of a facility
				  from full responsibility for compliance with the requirements and standards of
				  DHHS or Federal government.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 115 - PRINCIPLES OF REIMBURSEMENT FOR RESIDENTIAL CARE FACILITIES - ROOM AND BOARD COSTS › Section 144-115-13 - DUTIES OF THE OWNER OR OPERATOR

Current through 2024-29, July 17, 2024
In order to qualify for reimbursement of allowable room and
				  board costs, the owner or operator of a residential care facility, or a duly
				  authorized representative shall:
13.1
				Comply with the provisions of Section
				12 of these Principles and be
				receiving payments for Medical and Remedial Services under the MaineCare
				program for eligible members.
13.2
				Submit master file documents and cost reports in accordance with the provisions
				of these Principles.
13.3 Maintain
				adequate financial and statistical records and make them available when
				requested for inspection by an authorized representative of the Department, the
				State, or the Federal government.
13.4 Assure that annual records are prepared
				in conformance with Generally Accepted Accounting Principles (GAAP), except
				where otherwise required.
13.5
				Assure that the construction of buildings and the maintenance and operation of
				premises and programs comply with all applicable health and safety
				standards.
13.6 Submit such data,
				statistics, schedules or other information the Department requires in order to
				carry out its functions. Failure to supply the required documentation may
				result in the DHHS, Division of Audit, imposing the deficiency per diem rate
				described in Section 34.8 of these Principles.