reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 119 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES › Chapter 4 - GENERAL REQUIREMENTS

Current through 2024-29, July 17, 2024
4.A. General
				Requirements
4.A.1. Home Health Care Services
				Providers
A Home Health Care Services Provider is any business, entity
				  or subdivision thereof, whether public or private, proprietary or not for
				  profit, that is engaged in providing acute, restorative, rehabilitative,
				  maintenance, preventive or health promotion services through professional
				  nursing or another therapeutic service, such as physical therapy, home health
				  aides, nurse assistants, medical social work, nutritionist services or personal
				  care services, either directly or through contractual agreement, in a client's
				  place of residence. This term does not apply to any sole practitioner providing
				  private duty nursing services or other restorative, rehabilitative,
				  maintenance, prevention or health promotion services in a patient's/client's
				  place of residence or to municipal entities providing health promotion services
				  in a patient's/client's place of residence. This term does not apply to
				  federally qualified health center or a rural health clinic as defined in
				  42
				  United States Code, Section 1395X, Subsection
				  (aa) (1993) that is delivering case management services or health education in
				  a patient's/client's place of residence. Beginning October 1, 1991, "home
				  health care provider" includes any business, entity or subdivision thereof,
				  whether public or private, proprietary or nonprofit, that is engaged in
				  providing speech pathology services.
A home health care provider shall also be referred to as a
				  home health care agency.
a. Home
				Health Care Services Providers include, but are not limited to:
1. District, municipal, and city health
				agencies, or health councils which deliver home health care services,
				and
2. Business entities and/or
				program which send professional and/or paraprofessional personnel into the home
				for delivery of home health care services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 119 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES › Chapter 6 - QUALIFICATIONS FOR HOME HEALTH PARAPROFESSIONAL PERSONNEL

Current through 2024-29, July 17, 2024
6.A. Qualifications for Home Health Care
				Paraprofessional Personnel
6.A.1.
				Paraprofessional personnel for the purpose of these regulations, are home
				health aides and/or certified nursing assistants who are listed on the Maine
				Registry of Certified Nursing Assistants. The Home Health Care Services
				Provider must have proof that the home health aide and/or certified nursing
				assistant is on the Registry prior to hiring.
6.A.2. In addition to basic certified nursing
				assistant training and orientation, the home health aide and/or certified
				nursing assistant shall receive on-the-job instruction and at least twelve (12)
				hours of inservice training on an annual basis. Home Health Care Services
				Providers may fulfill the annual twelve (12) hour inservice training
				requirement on a prorated basis for the home health aide and/or certified
				nursing assistant's first year of employment and on a calendar year basis
				thereafter. Documentation of on the job instruction may be applied to the
				twelve (12) hours of inservice training.
6.A.3. A home health aide orientation program
				shall be taught by a registered professional nurse. Physicians, dietitians,
				physical therapists, medical social workers and other health personnel may be
				involved in appropriate aspects of the orientation program.
6.A.4. The home health aide orientation
				program shall consist of at least the following components:
a. An introductory section of the program
				which will define the functions and responsibilities of a home health aide as a
				member of the multi-disciplinary teams for a Home Health Care Services
				Provider.
b. Information about:
1. Nursing policies and procedures of the
				Home Health Care Services Provider,
2. Employment practices of the Home Health
				Care Services Provider,
3. The
				importance of developing an appropriate relationship between the Home Health
				Care Services Provider and the patient/client. This section shall discuss
				patient/client employee confidentiality and ethics issues and issues related to
				the medical and social needs of patients/clients being provided home haft care
				services.
4. Universal Precautions:
				The Home Health Care Services Provider shall have documentation of Universal
				Precautions.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 119 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES › Chapter 7 - SERVICES

Current through 2024-29, July 17, 2024
7.A. Physician Services
7.A.1. For those patients/clients whose
				reimbursement source requires physician supervision, the health care shall be
				under the supervision of a licensed physician who will see the patient/client
				as needed and shall furnish necessary medical care in case of
				emergency.
7.A.2. All treatment
				provided by physical therapists will be supervised by a physician, in
				accordance with the regulations of the Board of Physical Therapy, in order to
				be consistent with Title
				 32 MRSA
				§3002. All treatment provided by
				physical therapists will be provided under the orders of a licensed physician.
7.A.3. For those patients/clients
				whose reimbursement source requires physician orders, all treatment will be
				provided by appropriate health care personnel under the orders of a licensed
				physician.
7.A.4. All verbal orders
				must be signed by the physician within thirty (30) days. A facsimile order
				(fax) is acceptableif signed by a physician known to the staff.
7.A.5. Physicians who have significant
				ownership interest in, or significant financial or contractual relationship
				with a home health care services agency, may not establish or review a plan of
				care or certify or recertify the need for the home health care
				services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 119 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES › Addendum - ADDENDUM

Current through 2024-29, July 17, 2024
References
1.
				Statutory authority for these regulations is found under the following titles
				in t Maine Revised Statutes Annotated:
Title 22 Section 42
Sections 2141 -2148
Section 7931
et seq
.
2. Additional references of use are:
The Department of Health and Human Services, Bureau of
				  Medical Services, Maine Medical Assistance Manual - Chapters 18, 19, 40 and
				  96.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.A - Requirements

Current through 2024-29, July 17, 2024
2.A.1. No Hospice Provider may provide
				  hospice care services without receiving a license from the Department,
				  authorizing such services or operation.
2.A.2. No Hospice Provider shall accept any
				  remuneration for delivering hospice services without having first secured. a
				  license authorizing its operation in accordance with these regulations.
2.A.3 Beginning July 1, 1996, any
				  hospice program, except a volunteer hospice program, must be Medicare certified
				  and meet Medicare requirements to be eligible for licensure as a hospice
				  program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.B - Application Procedure

Current through 2024-29, July 17, 2024
2.B.1. Filing of
				  Application
Any person, partnership association or corporation desiring
					 a license to engage in hospice services shall, prior to the commencement of
					 such operation, file an application with the Department. Applications submitted
					 on behalf of a corporation or association shall be made by any two officers
					 thereof or by its administrator. All applicants shall comply with the rules and
					 regulations adopted pursuant to Title
					  22 MRSA,
					 §2141 et seq. The applicant shall comply
					 with all other applicable Maine Statutes and rules and regulations.
2.B.2. Contents of Application
Each application shall contain:
a. The name by which the Hospice Provider is
				  to be legally known and the name under which it shall be doing
				  business;
b. A description of all
				  facilities utilized by the Hospice Provider. This will include the address(es),
				  telephone number(s) and name of owner(s) of all buildings utilized by the
				  Hospice Provider,
c. A listing of
				  hospice services provided by the Hospice Provider,
d. For proprietary corporations: the full
				  name and address of each person, firm or corporation having (directly or
				  indirectly) an ownership interest of 5% or more in the agency,
e. For business entities with one owner or
				  business partnerships: the full name and address of the owner or of each
				  partner,
f. For not-for-profit
				  organizations: the full name and address of the President of the Board of
				  Directors or appropriate municipal government representative;
g. The name, home address, home telephone
				  number and office telephone numbers of the individual designated by the
				  applicant as the program director of the Hospice Provider,
h. The name of the Director of
				  Nursing,
i. The number of full time
				  equivalent staff
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.C - Fees

Current through 2024-29, July 17, 2024
2.C.1. Each initial application under this
				  chapter shall be accompanied by a $200.00 fee. Thereafter, an annual fee of
				  $200.00 shall be assessed.
All licenses issued shall be renewed every two years upon
					 payment of the appropriate fee upon demonstration of continued compliance with
					 these rules and regulations.
2.C.2. No such fee shall be refunded.
2.C.3. Change in Ownership of a
				  Hospice Provider
a. No license shall be
				  assigned or transferred.
b. At
				  least thirty (30) days advance written notice shall be given to the Division of
				  Licensing and Certification, Bureau of Medical Services prior to the transfer
				  of ownership of any hospice agency.
c. Each application for a license from a new
				  owner shall be accompanied by a statement from the previous owner or his duly
				  authorized representative concerning the change of ownership. In lieu of this
				  statement, a copy of the deed or other validating document shall be submitted.
				  In addition, an application fee of $200.00 shall be submitted to the
				  Department. When the ownership of a Hospice Provider changes, upon receipt of a
				  completed application and fee, the Department may issue a license
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.D - Compliance with All Local, State and Federal Regulations

Current through 2024-29, July 17, 2024
2.D.1. The applicant shall submit a letter
				  from the appropriate municipal official(s) that demonstrates compliance with
				  all local ordinances relative to zoning and building codes and a certificate of
				  occupancy, if appropriate, which includes electrical and fife safety code
				  compliance.
2.D.2. The applicant
				  will submit proof of a Clinical Laboratory number (if appropriate) under the
				  Clinical Laboratory Improvement Amendments of 1988.
2.D.3. The applicant will submit proof of a
				  Department of Environmental Protection number, if appropriate, regarding
				  disposition of biomedical waste.
2.D.4. A person who enters a hospice program
				  must be given information regarding durable health care power of attorney.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.E - Posting of License

Current through 2024-29, July 17, 2024
The license granted by the Department shall be
					 conspicuously posted in an area where business is conducted/coordinated for
					 Hospice Providers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.F - Changes in Licensed Hospice Services

Current through 2024-29, July 17, 2024
2.F.1.
				  Each Hospice provider will notify the Division of Licensing and Certification,
				  in writing of any changes in:
a.
				  Ownership;
b. Scope and nature of
				  services provided;
c. Relocation or
				  change of business address and telephone;
d. Administrator, and
e. Deeming.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.G - Types of Licenses Issued

Current through 2024-29, July 17, 2024
The Department will issue the following types of licenses
					 to Hospice Providers:
2.G.1.
				  Provisional License -- The Department will issue a provisional license to all
				  Hospice Providers who have completed an application and paid the initial annual
				  fee. The Department will, thereafter, issue a full or conditional license upon
				  on-site review of the Hospice Provider.
2.G.2. Full License -- Effective for the
				  period of twenty-four (24) months to an applicant who complies with all
				  applicable laws and rules.
2.G.3.
				  Conditional License -- Effective for a specific period not to exceed one (1)
				  year to an applicant who has not fully complied with all applicable laws and
				  rules, and in the judgment of the Commissioner, the best interest of the public
				  would be so served by issuing a conditional license
2.G.4. The decision to grant a conditional
				  license can be made by the Commissioner at the time of application for an
				  initial license, at the expiration of a full license or during the term of a
				  full license.
2.G.5. The
				  conditional license shall specify when and what corrections shall be made
				  during the term of the conditional license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-120-2.H - Specifications of License

Current through 2024-29, July 17, 2024
2.H.1. Each license
				  issued by the Department shall identify:
a.
				  The name of the Hospice Provider,
b. The name of the Administrator,
c. The geographical location;
d. The type of hospice care services
				  provided;
e. The period of
				  licensure and date of licensure expiration, and
f. The date issued and the type of
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.A - Refusal to Issue a License

Current through 2024-29, July 17, 2024
3.A.1. The
				  Department may refuse to issue a license to the applicant if it finds that any
				  or all of the following conditions exist:
a.
				  The Department finds that the information submitted in the application is
				  incorrect or incomplete,
b. The
				  applicant does not meet all requirements of these laws and
				  regulations;
c. The applicant has
				  violated applicable laws and rules and regulations and the Department finds
				  that these practices of the agency are detrimental to the welfare of persons to
				  whom hospice services are provided.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.C - Renewal of License

Current through 2024-29, July 17, 2024
3.C.1. The
				  Department will send the Hospice Provider a renewal application at least My
				  (50) calendar days prior to the expiration of the Hospice license. This
				  application shall be completed and submitted to the Department at least twenty
				  (20) calendar days prior to the expiration of the license. The Department shall
				  review the renewal application to ensure that it is consistent with these rules
				  and regulations.
3.C.2. Based upon
				  its review, Department staff will inform the Hospice Provider of its decision
				  to:
a. Renew the license annually;
b. Grant the Hospice Provider a conditional
				  license, or
c. Refuse to issue the
				  applicant a new license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.D - Suspension or Revocation of License

Current through 2024-29, July 17, 2024
3.D.1.
				  The Department may recommend suspension or revocation of any license issued
				  pursuant to
				   22 MRSA
				  §2141 et seq., for violation of
				  applicable laws and rules committing, permitting, aiding or abetting any
				  illegal practices in the operation of the provider or conduct or practices
				  detrimental to the welfare of persons to whom hospice services are
				  provided.
3.D.2. When the
				  Department believes that a license should be suspended or revoked, it shall
				  file a complaint with the Administrative Court in accordance with Title 4 MRSA,
				  §§ I 1 51 et seq. or the Maine Administrative Procedure Act, Title
				   5 MRSA,
				  §10051 et seq.
3.D.3. Upon suspension or revocation of a
				  license, the license shall be immediately surrendered to the
				  Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.E - Emergency Revocation or Suspension of License

Current through 2024-29, July 17, 2024
Whenever the Department determines that the health or
					 physical safety of a person is in immediate jeopardy, and action in accordance
					 with
					 5 MRSA, §9051 et seq.
					 would fail to respond to a known risk, the Department, in accordance with
					  4 MRSA
					 §1153, may file a complaint with the
					 Administrative Court to temporarily revoke or suspend a Hospice Provider
					 license.
3.E.1. Receivership
Pursuant to
					  22 M.R.S.A.,
					 Section7931
et seq
., the
					 Department may petition the Superior Court to appoint a receiver to operate a
					 Hospice Program in the following circumstances:
1. When the Hospice Program intends to close,
				  but has not arranged at least thirty (30) days prior to closure for the orderly
				  transfer of its patients/clients;
2. When an emergency exists in a Hospice
				  Program which threatens the health, security or welfare of
				  patient/clients;
3. When the
				  Hospice Program is in substantial or habitual violation of the standards of
				  health, safety or patient/client care established under State or Federal
				  regulations to the detriment of the welfare of the patient/client.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.F - Appeals

Current through 2024-29, July 17, 2024
Any person aggrieved by the Department's decision to take
					 any of the following actions may request an administrative hearing as provided
					 by the Maine Administrative Procedure Act, Title
					  5 MRSA, §9051 et
					 seq.:
3.F.1. Issue a conditional
				  license;
3.F.2. Amend or modify a
				  license, or
3.F.3. Refuse to issue
				  or renew a full license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES › Section 144-120-3.G - Public Notice

Current through 2024-29, July 17, 2024
If a license is revoked, suspended or not renewed, the
					 Department will advise the public of such action. This public notice will be in
					 the form of a paid legal notice in the local newspaper(s), published within
					 fifteen (I 5) days following the suspension or revocation of the
					 license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 4 - ADMINISTRATION › Section 144-120-4.A - Organizational Structure and Lines of Authority

Current through 2024-29, July 17, 2024
4.A.1. All Hospice Providers will identify,
				  in writing the services provided, administrative control, and lines of
				  authority for the delegation of responsibility down to the patient/client care
				  level. A policy and procedure manual(s), including patient care protocols, for
				  the organization and operation of the facility shall be established,
				  implemented and reviewed at least annually. Each review of the manual(s) shall
				  be documented. This written material shall be maintained at the Hospice
				  Provider's office so that Department staff can examine it during licensing
				  survey visits. This material will include:
a.
				  A statement describing the organizational goal(s) of the Hospice Provider, its
				  philosophy and objectives and the services provided by the agency;
b. An organizational diagram delineating the
				  fines of responsibility and accountability so as to ensure continuity of care
				  down to the patients, including any subunits of the Hospice Provider;
c. Job descriptions of employees. The job
				  descriptions shall include the qualifications necessary for the position, an
				  outline of the scope of duties, competencies, responsibilities and
				  accountability required of employees in that position;
d. A description of the orientation programs
				  provided for employees directly employed by the Hospice Provider,
e. If the organization has an advisory or
				  governing body, a set of bylaws specifying the following will be required:
1. Membership;
2. Authority,
3. Administration's role;
4. Frequency of meetings; and
5. Recorded minutes.
The bylaws shall be adopted and updated as deemed necessary
					 by the advisory or governing body.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 4 - ADMINISTRATION › Section 144-120-4.B - Business Records

Current through 2024-29, July 17, 2024
4.B.1. Business
				  records of the Hospice Provider shall be kept and retained in a manner
				  consistent with all applicable city, State and Federal laws, ordinances and
				  regulations with proper audit trails available. Business records, contracts,
				  and newspaper advertisements will be retained for a minimum of five (5)
				  years.
4.B.2. Copies of the current
				  licenses of all licensed health professionals employed directly or through a
				  contractual relationship with the Hospice Provider shall be maintained by the
				  Hospice Provider. Certificates verifying completion of applicable training
				  courses for all certified nursing assistants and home health aides employed
				  directly or through a contractual relationship by the Hospice Provider shall
				  also be maintained by the Hospice Provider.
4.B.3. The Hospice Provider shall keep a
				  personnel file for each health care professional and paraprofessional employed
				  or contracted which shall include:
a. An
				  application;
b. Evidence of current
				  qualifications;
c. Periodic
				  evaluation;
d. Educational program
				  for training;
e. Evidence of
				  orientation and inservice training.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 4 - ADMINISTRATION › Section 144-120-4.C - Qualifications for Professional Personnel

Current through 2024-29, July 17, 2024
4.C.1.
				  The following health care professionals employed directly or through a
				  contractual relationship with a Hospice Provider may provide hospice services
				  by virtue of possession of a current license to practice their discipline in
				  the State of Maine:
a. Physicians;
b. Registered Professional Nurses;
c. Licensed Practical Nurses; and
d. Social Workers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 4 - ADMINISTRATION › Section 144-120-4.D - Quality Assurance

Current through 2024-29, July 17, 2024
The Hospice Provider shall establish a Quality Assurance
					 program The program will be an ongoing objective assessment of important
					 aspects of patient care and the correction of identified problems. It will
					 consist of a clinical record review at least quarterly and an overall Hospice
					 Provider review that will occur annually. The results of the review/evaluation
					 are reported to, and acted upon, by those responsible for the operation of the
					 Hospice.
This will include, but is not limited to:
4.D.1. Continually monitors and evaluates the
				  care provided;
4.D.2. Identifies
				  issues and potential issues;
4.D.3.
				  Proposes and implements improvement; and
4.D.4. Re-evaluates the care provided to
				  determine if further improvement is possible or needed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.A - Mission Statement

Current through 2024-29, July 17, 2024
A hospice program must have a clear mission statement that
					 is consistent with hospice philosophy adopted by the council.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.B - Discreet Entity

Current through 2024-29, July 17, 2024
A hospice program must be a discreet entity with at least
					 the following features:
5.B.1. A
				  governing body;
5.B.2. A program
				  director;
5.B.3. An
				  interdisciplinary team;
5.B.4.
				  Volunteers; and
5.B.5. A medical
				  director.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.C - Clients

Current through 2024-29, July 17, 2024
A hospice program may provide services to any person who
					 consents to receive those services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.D - Services

Current through 2024-29, July 17, 2024
Hospice services must be delivered in accordance with a
					 care plan approved by the interdisciplinary team, regardless of whether the
					 hospice services are provided by hospice program staff or by contractors. The
					 care plan must provide for twenty-four (24) hours a day, seven (7) days a-week
					 services. The care plan must be reviewed periodically by the interdisciplinary
					 team and revised as needed. The interdisciplinary team must consider the need
					 for at least the following services when developing the care plan:
5.D.1. Social services;
5.D.2. Nursing care;
5.D.3. Counseling;
5.D.4. Pastoral care;
5.D.5. Volunteer visits to provide comfort,
				  companionship and respite;
5.D.6.
				  Bereavement services for at least one year after the death of the person who is
				  terminally ill; and
5.D.7. Medical
				  services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.E - Nursing

Current through 2024-29, July 17, 2024
Nursing services provided by a hospice program must be
					 provided in accordance with a care plan and must be under the direction and
					 supervision of a nurse supervisor. The nurse supervisor must:
5.E.1. Develop nursing objectives, policies
				  and procedures consistent with hospice philosophy;
5.E.2. Develop job descriptions for nursing
				  personnel consistent with hospice philosophy;
5.E.3. Establish staffing and on-call
				  schedules for nursing staff,
5.E.4.
				  Develop and implement orientation and training programs for nursing
				  staff.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.F - Orientation

Current through 2024-29, July 17, 2024
Before providing any hospice service, a direct service
					 provider must receive an orientation of at least four (4) hours specific to
					 hospice service. The policy and procedures of the provider define the agenda of
					 the hospice orientation program. The provider shall document in personnel files
					 that staff members have completed the four (4)-hour orientation Volunteers must
					 be oriented according to provider policies.
The hospice orientation program must include, but is not
					 limited to, the following subjects:
5.F.1. Hospice philosophy;
5.F.2. Personal death awareness;
5.F.3. Communication skills;
5.F.4. Personnel issues;
5.F.5. Identification of hospice resource
				  people;
5.F.6. Stress
				  management;
5.F.7.
				  Ethics;
5.F.8. Stages of dying;
				  and
5.F.9. Funeral
				  arrangements.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.G - Training

Current through 2024-29, July 17, 2024
A hospice program shall provide an educational program that
					 offers a comprehensive overview of hospice philosophy and hospice care. A
					 minimum of eighteen (18) hours of education, including four (4) hours of
					 orientation, is required for all direct service providers delivering hospice
					 care. The educational program must include, but is not limited to, the
					 following subjects:
5.G.1. Hospice
				  philosophy,
5.G.2. Family
				  dynamics;
5.G.3. Pain and symptom
				  management;
5.G.4. Grief, loss and
				  transition;
5.G.5. Psychological
				  perspectives on death and dying;
5.G.6. Spirituality;
5.G.7. Communication skills;
5.G.8. Volunteer roles; and
5.G.9. Multidisciplinary management.
5.G.10. Hospice personnel who
				  provide direct services to patients, except for those who deliver twenty (20)
				  hours or less of hospice care in one (1) calendar year, are required to meet
				  the minimum training requirement of eighteen (18) hours within one (1) year.
				  Documentation of completion of training is transferable from one hospice
				  program to another.
5.G.11. All
				  direct service hospice personnel, including those who deliver twenty (20) hours
				  or less of hospice care and contracted service providers, must have four (4)
				  hours of hospice orientation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.H - Continuing Education and Inservice Training

Current through 2024-29, July 17, 2024
Hospice direct service providers are required to complete a
					 minimum of eight (8) hours of continuing education or inservice training each
					 year after the first year, based on date of hire.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.I - Records

Current through 2024-29, July 17, 2024
A hospice program shall maintain, at a minimum, the
					 following records:
5.I.1. Minutes of
				  governing body meetings;
5.I.2.
				  Care plans of interdisciplinary teams;
5.I.3. Progress notes regarding the families
				  receiving services;
5.I.4. All
				  receipts and expenditures;
5.I.5. A
				  discharge summary for each client, a copy of which must be provided to the
				  primary physician.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.J - Record Retention

Current through 2024-29, July 17, 2024
All clinical and business records must be retained for a
					 period of time required by State law or five (5) years from the date of
					 discharge.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 5 - SERVICES › Section 144-120-5.K - Inpatient Hospice Facility

Current through 2024-29, July 17, 2024
An inpatient hospice facility must be Medicare certified
					 and meet Medicare requirements to be eligible for licensure as a Hospice
					 Provider unless it is exempt under Laws 1993, Section 3.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 6 - LICENSING OF VOLUNTEER HOSPICE PROGRAMS › Section 144-120-6.A - Volunteer Hospice Programs

Current through 2024-29, July 17, 2024
A volunteer hospice program must comply with this section
					 and with all provisions of Chapters 1, 2, 3, 4, and 5 that are relevant to a
					 volunteer hospice program.
6.A.1.
				  Direct services: At a minimum, a direct service volunteer must:
a. Submit a written application;
b. Undergo a screening interview and a
				  post-training interview,
c. Attend
				  a 20-hour standard training program;
d. Submit a confidentiality statement;
				  and
e. If the volunteer will
				  transport individuals, have proof of auto insurance and a valid driver's
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 121 - Regulations Governing the Licensing and Functioning of Adult Day Services Programs (Repealed - absorbed into 10-149 Ch. 113 as of September 1, 2003)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 123 - BEHAVIORAL HEALTH ORGANIZATIONS LICENSING RULE

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2024-026, eff.
				2/11/2024 is not
				yet available.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 124 - EMERGENCY MEDICAL SERVICES PERSONNEL REPORTING RULE › Section 144-124-2 - REQUIRED REPORTING

Current through 2024-29, July 17, 2024
A.
Reports
				of Absences of EMS Personnel.
During the period of a declared extreme
				public health emergency, the entities designated in subsection B must report to
				the Department the temporary or permanent absence from duty, whether by
				suspension, medical or other leave, or other means, of EMS personnel as a
				result of their exposure or potential exposure to a notifiable disease, or
				presentation of signs or symptoms of a notifiable condition.
B.
Who Reports.
EMS service
				organizations and EMD centers are responsible for ensuring compliance with the
				reporting requirements under this rule. EMS service organizations and EMD
				centers may designate staff responsible for reporting and monitoring the status
				of those EMS personnel absent from duty due to reasons related to a notifiable
				condition. Reports made pursuant to this rule must identify the reporter and be
				in the form and content prescribed by the Department. The electronic reporting
				required under this rule is in addition to other reporting required by Maine
				laws and rules.
C.
Required
				Information
1. When EMS personnel are
				absent from duty under Section A, the following information must be entered
				within 24 hours of the removal into the electronic system designated by the
				Department to collect information related to EMS personnel capacity:
a. The identity of the EMS service
				organization or EMD center;
b. The
				professional license number of the individual absent from duty;
c. Date(s) of absence from the EMS or EMD
				workforce; and
d.  Whether the
				absence was a result of self-quarantine due to exposure or potential exposure
				of a notifiable condition or was a result of the individual exhibiting signs
				and symptoms of a notifiable disease or condition.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 124 - EMERGENCY MEDICAL SERVICES PERSONNEL REPORTING RULE › Section 144-124-3 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
A.
Confidential Information
				Reported
. Pursuant to
				22 MRS
				§824, information reported under this
				rule including, but not limited to, the names of EMS personnel who have been
				temporarily absent from duty, as well as any other information that may
				identify those individuals, is confidential unless otherwise stated in law or
				this rule.
B. The information
				collected under this rule may be released to private health care providers and
				health and human services agencies, including Maine EMS, for the purpose of
				carrying out public health functions as authorized by statute. Additionally,
				information provided to Maine EMS that does not identify individuals may be
				used for the purpose of reporting, including, but not limited to, the
				requirements specified in
				32 MRS
				§§84(2),(3).
C.
Disclosure
. Any person
				receiving a disclosure of identifying information pursuant to this rule may not
				further disclose this information without the consent of the infected person or
				by court order.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 125 - REGULATIONS GOVERNING THE LICENSING OF AMBULATORY SURGICAL FACILITIES › Chapter 1 - STATUTORY BASIS › Section 144-125-11 - 22 M.R.S.A. SECTION 1812-E Ambulatory surgical facility

Current through 2024-29, July 17, 2024
1. Definition. As used in this chapter,
				  unless the context otherwise indicates, "ambulatory surgical facility" means a
				  facility with a primary purpose of providing elective surgical care to a
				  patient who is admitted to and discharged from the facility within the same
				  day. In order to meet this primary purpose, a facility must at least administer
				  anesthetic agents, maintain a sterile environment in a surgical suite and
				  charge a facility fee separate from the professional fee. "Ambulatory surgical
				  facility" does not include:
A. A facility
				  that is licensed as part of a hospital;
B. A facility that provides services or
				  accommodations for patients who stay overnight;
C. A facility existing for the primary
				  purpose of performing terminations of pregnancies; or
D. The private office of a physician or
				  dentist in individual or group practice, unless that facility or office is
				  certified as a Medicare ambulatory surgical center.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 125 - REGULATIONS GOVERNING THE LICENSING OF AMBULATORY SURGICAL FACILITIES › Chapter 1 - STATUTORY BASIS › Section 144-125-1-2 - 22 M.R.S.A. SECTION 1815 Fees

Current through 2024-29, July 17, 2024
Each application for a license to operate a hospital,
					 convalescent home or nursing home shall be accompanied by a nonrefundable fee
					 of $10 for each bed contained within the facility. Each application for a
					 license to operate an ambulatory surgical facility must be accompanied by the
					 fee established by the department. The department shall establish the fee for
					 an ambulatory surgical facility, not to exceed $500, on the basis of a sliding
					 scale representing size, number of employees and scope of operations. AU
					 licenses issued must be renewed annually upon payment of a like fee. The
					 State's share of all fees received by the department under this chapter must be
					 deposited in the General Fund. A license granted may not be assignable or
					 transferable. State hospitals are not required to pay licensing
					 fees.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 125 - REGULATIONS GOVERNING THE LICENSING OF AMBULATORY SURGICAL FACILITIES › Chapter 2 - LICENSURE PROCEDURES › Section 144-125-2.A - Types of Licenses

Current through 2024-29, July 17, 2024
The Department shall issue the following types of
					 licenses:
2.A.1. The Department shall
				  issue a full license to an applicant who complies with all applicable laws and
				  rules.
2.A.2. A conditional license
				  may be issued by the Department, when a provider fails to comply with
				  applicable laws and rules, and in the judgement of the commissioner, the best
				  interest of the public would be so served by issuing a conditional license. The
				  conditional license shall specify when and what corrections shall be made
				  during the term of the conditional license.
2.A.3. The commissioner may grant a full or
				  conditional license under this chapter to those entities otherwise regulated by
				  the State Government or the Federal Government, if he determines that those
				  regulations meet the purpose and intent of this chapter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 125 - REGULATIONS GOVERNING THE LICENSING OF AMBULATORY SURGICAL FACILITIES › Chapter 2 - LICENSURE PROCEDURES › Section 144-125-2.B - Licenses Not Assignable or Transferable

Current through 2024-29, July 17, 2024
No license may be assignable or transferable. A license
					 shall be immediately void if ownership or control of the provider
					 changes.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 125 - REGULATIONS GOVERNING THE LICENSING OF AMBULATORY SURGICAL FACILITIES › Chapter 2 - LICENSURE PROCEDURES › Section 144-125-2.C - Term of Licenses

Current through 2024-29, July 17, 2024
Licenses shall be issued for the following terms:
2.C.1. Full licenses shall be issued annually
				  for a period of twelve months.
2.C.2. The Conditional licenses shall be
				  issued for a specific period, not to exceed one year, or the remaining period
				  of the previous full license, whichever the Department determines appropriate
				  based on the laws and rules violated.
2.C.3. Regardless of the term of the license,
				  the Department shall monitor for continued compliance with applicable laws and
				  rules on at least an annual basis.