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 I - Residential Care Facilities › Section 144-113-I-8 - Scope of Licenses

Current through 2024-29, July 17, 2024
8.1
Licensing of facilities with 2 or fewer residents
. Licensing of Level I
				  facilities for 1-2 beds is optional under state law. This means that facilities
				  may have two residents without a license. A Level I facility with one or two
				  residents may voluntarily apply for and receive a license under these
				  regulations if it meets all applicable regulations.
8.2
Facilities licensed as children's
				  homes
. The Department may exempt a licensed children's home from
				  requiring a Level I license once a resident reaches the age of eighteen (18) if
				  the resident has not completed his/her prescribed program of treatment, care or
				  education, or discharge from the facility will occur within nine (9) months of
				  the date the resident turned eighteen (18). If the facility's purpose is to
				  treat or care for children, and the above requirements are met, the Department
				  may grant a written exemption from licensure in order for the adult resident's
				  income to be supplemented.
8.3
Dual licensure
. No facility shall be granted a Level I license,
				  and any previously granted Level I license may be subject to revocation, if
				  another license or approval is in effect or granted, unless the Department has
				  determined that dual licensure will not have an adverse impact on the
				  residents.
8.4
Maximum
				  number of adult residents
. The maximum number of beds for which a
				  facility may be licensed will be determined by the Department, according to the
				  regulations set forth herein. Respite care may only be provided in licensed
				  beds.
8.5
Physical plant
				  changes.
No alterations in the size or arrangement of the physical
				  plant, location of resident rooms, change in the heating system, water supply
				  system, sewage disposal system, utilities or similar systems shall be made
				  without the prior written approval of the Department in accordance with these
				  regulations.
8.6
Residents
				  under the age of 18
. A person who is seventeen (17) years of age may be
				  a resident of a Level I facility without the home being required to be licensed
				  as a children's home, if the Department determines in writing prior to
				  placement that such a placement is in the best interest of that person. The
				  general physical and mental health of all residents of the facility shall be
				  considered in this decision.
Verification of Credentials
8.7
Licensed Staff.
Prior to
				  employing licensed staff, the facility must verify that the licensed person has
				  a valid and current license.
8.8
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.
8.9
Prohibited
				  Employment.
The facility may not hire as unlicensed assistive personnel
				  as defined in section 2.57 an individual who is prohibited from employment as a
				  certified nursing assistant as outlined below and in section 8.8:
8.9.1 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
8.9.2 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:
8.9.2.1 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
8.9.2.2 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.