Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 110 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND NURSING FACILITIES › Section 144-110-6 - Contracts with Residents

Current through 2024-29, July 17, 2024
6.A.
Contract
				Between Resident and Representative of Facility
The presence of each resident admitted after the effective
				  date of these regulations in a licensed facility shall be covered by a
				  standardized contract executed at the time of admission, or prior thereto, by
				  the resident or legal representative and the licensed facility (see Appendix A
				  of these Regulations). Each party to such contract shall be entitled to a copy
				  thereof and the licensed facility shall keep on file all contracts which it has
				  with residents. The licensed facility shall not destroy or otherwise dispose of
				  any such contract except as otherwise permitted by law.
6.B.
Provisions of Contract
Each contract to which this section applies shall contain
				  express provisions specifically setting forth the following:
6.B.1. The services and accommodations to be
				provided by the facility and the rates and charges therefor, including an
				outline of responsibilities for and payment of treatment and medications,
				special equipment and appliances, dressings, clothing, personal supplies of the
				resident; services of related medical and paramedical personnel; and any other
				related charges not covered by the facility's basic per diem rate;
6.B.2. The identity of the person or party
				who is to be responsible for personal funds of the resident, including the
				name, address and telephone number of the person to be responsible, if other
				than the resident or an agent of the facility;
6.B.3. The specification of any rights,
				duties and obligations of both residents and the facility in addition to those
				required by law;
6.B.4. Provision
				that a resident may obtain medical care from any qualified institution, agency
				or person of his/her choice, as long as that health care provider complies with
				any applicable laws or rules concerning the provision of care to the resident
				and with the reasonable policies of the facility;
6.B.5. Provision that a resident may obtain
				medication from any qualified pharmacy, as long as that pharmacy complies with
				any applicable State rules and federal regulations and with the reasonable
				policies of the facility concerning procurement of medication;
6.B.6. The established procedures to be
				followed in an emergency which cover immediate care of the residents, persons
				to be notified and reports to be prepared;
6.B.7. Those facilities that decide to use
				the Standardized Contract, without any additions, are considered to meet State
				licensing requirements for contracts with residents. The standardized contract
				may contain any other provisions in a separate addendum/rider, which do not
				violate State law or rule or federal law or regulation and that are
				specifically allowed by the standardized contract found in Appendix A of these
				Regulations.
6.B.8. Provision for
				addressing discharge potential and planning.