reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-4 - Eligibility and Referral

Current through 2024-29, July 17, 2024
A. BMR determines
				eligibility of services based upon developmental delays (ages O.- 5) and/or
				formal evaluation leading to diagnosis of mental retardation.
B. Each administrative unit determines
				eligibility (5 - 20) in accordance with PL 94-142 and 20 - A MRSA, Chapter
				303.
C. Parents, school personnel
				or community professionals may initiate referrals to an administrative unit
				and/or to BMR by utilizing attached form for BMR (Appendix A) or by requesting
				a P.E.T. meeting within an administrative unit.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-5 - Cooperative Planning/Programming

Current through 2024-29, July 17, 2024
A. Preschool .
Preschool. Each administrative unit, BMR and DSE will work
				  together to identify and locate preschool handicapped children. If the
				  identification process leads to a referral and acceptance for BMR programming,
				  then the CDW may have direct involvement in home programming prior to school
				  entrance. In those areas where preschool handicapped coordination projects are
				  in place, existing procedures shall be utilized
Where preschool coordination projects do not exist, BMR
				  (through its regional offices and the Infant Development Center) and DSE (in
				  conjunction with the affected administrative units), will use the following
				  procedures to assure the at transition of developmentally delayed children into
				  public schools occurs in planned and organized manner.
(1) BMR
a.
				Shall report the existence of developmentally delayed children (0-5) to
				preschool handicapped coordination projects in December of each year. Where
				preschool handicapped coordination projects do not exist, BMR shall report to
				administrative unit's personnel in December of each year.
b. May arrange for development of an IPP by
				December of each year for children who will be school age that following year.
c. Shall notify members of the
				IDT, including the administrative unit and/or preschool personnel, of the IDT
				meeting.
d. Shall indicate the
				severity of the child's handicapping condition and the probability of the
				child's participation in an existing administrative unit's program.
e. Shall seek parental permission for the
				release of BMR information to the appropriate administrative unit.
f. Shall assure, at the IDT meeting, that
				transitional plans for entering the education system are developed with
				assigned responsibilities for implementation.
g. Shall transfer all records to appropriate
				administrative unit by March 1st of each year, if permission of the child's
				parent/legal guardian is obtained.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-6 - Due Process

Current through 2024-29, July 17, 2024
The appeal procedures shall be the same procedures currently
				  used by the Division of Special Education. 20 - A MRSA § 7207.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Appendix 197-4-A - REFERRAL TO BUREAU OF MENTAL RETARDATION

Current through 2024-29, July 17, 2024
NAME_________________ D.O.B. ______________
Administrative Unit's Contact
Parents Name/Address/Phone Number: Person/Address/Phone
				  Number:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Handicapping Condition: _________________________
_____________________________________________
________________
Brief Description of Current Services:
				  _________________________________________________
___________________________________________
___________________________________________
_________________
Services Being Requested from BMR:
				  ________________________________________________
___________________________________________
___________________________________________
_________________
Is Family Aware of Referral" __________ YES ___________ NO
Comments:__________________________________
___________________________________________
___________________________________________
___________________________________________
_____________
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Appendix 197-4-B - NOTIFICATION OF IDT (Preschool Children)

Current through 2024-29, July 17, 2024
Child: ________________________ D.O.B.
				  ____________________
Parents Name/Address_________________CXC/CDW
				  ____________________
__________Address: __________
_____________Tel. ____________
Handicapping, Condition:
				  ___________________________________________________
______________________________________________
______________________________________________
__________________
Brief Description of current
				  services:___________________________________________
____________________________________________
____________________________________________
_____________________________________________
_________________
Date___________ Place _____________ Time
				  _______________
(attached is explanation of IDT process).
RESPONSIBILITY GRID FOR IEP/ITP COMPONENTS
BMR
BMR
CDW
CSC
LEA
DSE
Home based special instruction for
developmentally delayed students
P
N
N
N
School based special program 3-5 yr.
P/S
N
P
S
if avail.)
Family Support
P
P
S
N
(0 - 5)
(5-on)
(5-20)
Medical Services
P
P
N
N
(O - 5)
Specialized Education) (5-20)
N
N
P
S
Related Services - Speech, OT, PT
P
S
P
S
(0 - 5)
Evaluations
P
P
P
S
(0 - 5)
Program Evaluation:
a. I.E.P.
S
S
P
S
b. I.P.P.
P
P
S
N
Referral to Vocational Rehabilitation
N
P
P
N
(20 on)
S
(16 on)
Vocational Options or Adult Program
N
P
N
N
Placement in Residential or Foster Home
Non-State Ward
P
P
N
N
Advocacy
P
P
P
P
Placement in ICFMR's
P
P
N
N
P - Primary
S - Secondary
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-1 - STATEMENT OF PRINCIPLES AND INTENT

Current through 2024-29, July 17, 2024
5.01-1
Principles.
Provision of supports shall adhere to the principles
				of Social Role Valorization, normalization and full inclusion, and services
				shall be delivered in a respectful, positive mannerin a healthy, safe
				environment, and in conformance with the Rights and Basic Protections
				established in 34-B M.R.S. §
									5605. Planning Teams must focus on
				building Positive Supports for the Person they serve.
The Planning Team must create a plan that will assist the
				  Person to develop positive skills and techniques that empower the Person to
				  demonstrate positive, Prosocial Behavior. Supporting a Person to change his or
				  her Challenging Behavior must be done as part of the Personal Planning process,
				  with a continued focus on Positive Supports.
5.01-2
Intent.
The purpose of
				this rule is to ensure that services provided to Persons experiencing
				Challenging Behavior are based on Positive Support strategies, and adhere to
				the commitment to end Coercion and minimize unplanned, informal and
				inconsistent interventions.
In defining Challenging Behavior in these regulations it is
				  not the Department's intent to expand the scope of this rule beyond what is now
				  commonly understood in this field to be those types of behaviors which
				  seriously interfere and impact a Person's ability to have positive life
				  experiences.
It is not the Department's intention to promote Behavior
				  Modification, Behavior Management or any form of Emergency Intervention, but
				  only to assure that when they are utilized, the use is in a manner that
				  protects the Person's Rights and well-being.
5.01-3
MaineCare HCBS Waiver
				Members.
Where the Person experiencing Challenging Behavior receives
				MaineCare HCBS waiver services regulated, in part, under 10-144 C.M.R. ch. 101
				(MaineCare Benefits Manual or "MBM"), Ch. I, Sec.
				6 - Global HCBS Waiver Person-Centered
				Planning and Settings Rule, the provision of supports authorized under this
				Chapter 5 shall comply with MBM Ch. I, Sec.
				6 - the "Global HCBS Waiver
				Rule".
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
Many of the terms or plans referenced in this regulation are
				  technical in nature, such that the common understanding may not apply. Thus,
				  capitalization of words or terms, such as "Emergency" or "Medical and Mental
				  Health Assessment or Treatment" means that the word or term can be found either
				  in the Definitions below or, if not found there, is defined elsewhere in these
				  rules.
Departmental rules may be viewed in their entirety at:
http://www.maine.gov/sos/cec/rules/10/chaps10.htm#197
The Maine Revised Statutes (M.R.S.) may be viewed in its
				  entirety at:
http://www.mainelegislature.org/legis/statutes/
5.02-1
Advocate:
means an
				employee of the Protection and Advocacy Agency designated pursuant to 5 M.R.S
				§
									19502 with whom
				the Department has contracted to provide the services described in 34-B M.R.S.
				§
									5005-
				A.
5.02-2
Autism Spectrum
				Disorder:
means as defined by 34-B M.R.S. §
									6002 ("Autism defined").
5.02-3
Aversive:
means an
				intervention or action intended to modify behavior that could cause harm or
				damage to a Person, or could arouse fear or distress in that Person, even when
				the intervention or action appears to be pleasant or neutral to others. This is
				a Prohibited Practice. See Section
				5.06.
5.02-4
Behavior Management:
means strategies implemented to prevent the occurrence of Challenging Behavior
				or to keep the Person or others safe by reducing the factors that lead to the
				Challenging Behavior or otherwise limiting the Person's ability to engage in
				the Challenging Behavior.
5.02-5
Behavior Management Plan:
means a written plan that describes all
				planned interventions which include restrictions of Rights or the use of
				Restraint.
5.02-6
Behavior
				Modification:
means teaching strategies, Positive Supports and other
				interventions to support a Person to learn Prosocial Behavior and alternatives
				to Challenging Behavior. Behavior Modification strategies must be included in
				the Positive Support Plan.
5.02-7
Blocking:
means a momentary deflection of a Person's movement,
				without holding, when that movement would otherwise be destructive or harmful.
				Blocking is considered a Restraint.
5.02-8
Case Manager:
means the
				individual assigned pursuant to 34-B M.R.S. §
									5201(6) to
				coordinate services for the Person.
5.02-9
Challenging Behavior:
means behavior that:
A. Presents an Imminent
				Risk to the health and safety of the Person or the community; or
B. Presents serious and Imminent Risk of
				damage to property of the community; or
C. Seriously interferes with a Person's
				ability to have positive life experiences and maintain
				relationships.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-3 - SUPPORTING A PERSON WHO IS ENGAGING IN CHALLENGING BEHAVIOR

Current through 2024-29, July 17, 2024
Whenever a Person is engaging in Challenging Behavior, the
				  Person's Planning Team must take steps to assist the Person to engage in
				  Prosocial Behavior, reduce the Challenging Behavior, and prevent harm. Planning
				  Teams must ensure they have evaluated and implemented supports at the least
				  restrictive levels before considering more restrictive measures.
This rule identifies a hierarchy of supports, interventions
				  and restrictions for supporting Persons with Challenging Behaviors (See Section
				  5.03 and Appendix Four) and describes
				  the process a Planning Team must follow prior to implementation of each level
				  of support or intervention. The processes described in this rule must be
				  adhered to when a Planning Team is responding to a Person's Challenging
				  Behavior or a precursor to Challenging Behavior.
The Planning Team must demonstrate that all monitoring and
				  documentation requirements in this rule have been met.
5.03-1
Positive Support (Levels
				1-2)
A. Positive Supports are the first
				approach that the Planning Team must implement to assist a Person experiencing
				Challenging Behaviors. The Planning Team must ensure the development of a
				Functional Assessment and implement a Positive Support Plan. The goal of the
				Positive Support Plan must be to reduce Challenging Behavior and eliminate the
				need for more restrictive practices.
B. The entity or person who identifies the
				need to address a Challenging Behavior through a Positive Support Plan is
				responsible to initiate the Planning Team process. The Planning Team is
				responsible to ensure all documentation, assessments, plans and reviews are
				completed as required.
C. The
				Planning Team must ensure that Medical and Mental Health Assessment and
				Treatment, as described in Section
				5.04-2, are part of the Positive
				Support Plan.
D. The Planning Team
				must develop a Psychiatric Medication Support Plan whenever Psychiatric
				Medications are used to address Challenging Behavior.
E. The Planning Team must develop an In-Home
				Stabilization Plan, as described in Appendix Three whenever In-Home
				Stabilization will be used under one hour for safety and assessment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-4 - POSITIVE SUPPORT (Levels 1-2)

Current through 2024-29, July 17, 2024
5.04-1
Positive Supports Must Be the First Approach
When a Person is exhibiting Challenging Behavior, the
				  Planning Team must design Positive Supports to help increase Prosocial Behavior
				  and eliminate or reduce the frequency and severity of the Challenging Behavior.
				  The Planning Team must conduct a Functional Assessment and create a Positive
				  Support Plan which recommends strategies to:
A. Assist the Person to live in a home which
				is safe, integrated into the Person's community, and which offers ready access
				to activities, friends, and relatives; and
B. Provide the Person with opportunities and
				assistance to:
1. Learn how to make choices
				and exercise personal autonomy;
2.
				Manage and control daily activities, pursue personal goals, and access quality
				health care;
3. Form and maintain
				friendships and other relationships; and
4. Participate in a broad range of activities
				that the Person enjoys and which promote independence and positive recognition
				by self and others. These activities include, but are not limited to, work,
				leisure, social activities and personal interests.
C. Make changes to the physical and social
				environment in a way that ensures supports are provided to expand opportunities
				for independence, inclusion and choice.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-7 - PROCEDURES FOR REVIEW AND APPROVAL OF POSTIVE SUPPORT PLANS AND BEHAVIOR MANAGEMENT PLANS

Current through 2024-29, July 17, 2024
5.07-1
Review
				Levels and Review Teams
A. There are
				three different review tiers for Positive Support Plans and Behavior Management
				Plans, based on the level of restriction proposed. Planning Teams are
				responsible for obtaining the designated level of approval prior to
				implementation of any plan.
1. The Planning
				Team, the Person or Guardian, and Case Manager must review and approve all
				plans before they are implemented or sent for further review.
2. A Review Team is responsible for review
				and disposition of all Behavior Management Plans at Level 3 or above.
3. The Statewide Review Panel is responsible
				for review of all Behavior Management Plans at Level 5, prior to review by the
				Commissioner or designee.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-8 - EMERGENCY INTERVENTIONS, INCLUDING RESTRAINT, REMOVAL OF PERSONAL PROPERTY AND SPECIALIZED RESTRAINT

Current through 2024-29, July 17, 2024
5.08-1
Emergency Intervention
Emergencies occur when a Person's Challenging Behavior
				  presents an Imminent Risk to the health and/or safety of the Person or the
				  community.
A. If necessary to protect
				the Person or the community from Imminent Risk, Emergency Interventions,
				including Specialized Restraints, otherwise permitted in this regulation may be
				used on an Emergency basis.
B. When
				Emergency Intervention is utilized, the least restrictive technique necessary
				to make the situation safe must be used.
C. Any Emergency Intervention must be
				terminated as soon as the need for protection is over; no further restriction
				may be imposed.
D. Emergency
				Intervention may include temporary removal of personal property to protect the
				Person or the community from Imminent Risk of injury. The property must be
				returned as soon as it is safe to do so as required by "Rights and Basic
				Protections of a Person with Intellectual Disabilities or Autism - 6. Personal
				property" (34-B M.R.S. §
										5605.6) .
E. Whenever Emergency Intervention is used,
				it must be reported under Departmental rule
				14-197 Chapter 12, §
										6.03 ("Regulations Governing
				Reportable Events, Adult Protective Investigations and Substantiation Hearings
				Regarding Persons with Intellectual Disabilities or Autism - Reportable Events
				and Protective Responsibilities").
F. Prohibited practices, as outlined in
				Section 5.06 of this
				regulation, must not be used on an Emergency basis.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Section 197-5-9 - TRANSITION OF EXISTING PLANS

Current through 2024-29, July 17, 2024
5.09-1
Plans
				Already in Effect
For plans approved and in effect prior to the effective date
				  of this regulation, Planning Teams must within ninety (90) days:
A. Develop a plan that meets all criteria,
				including required approvals, within this regulation regarding that plan:
				or
B. Obtain Review Team approval
				for a transition plan and within 365 days of the effective date of this
				regulation develop a plan which meets all criteria, including required
				approvals, within this regulation.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Appendix 197-5-ONE - FUNCTIONAL ASSESSMENT REQUIREMENTS

Current through 2024-29, July 17, 2024
A. The Planning Team must incorporate a Functional Assessment
				  to develop an individualized Positive Support Plan. The Positive Support Plan
				  and the Functional Assessment may be a combined document or separate
				  documents.
B. The Planning Team must develop a procedure for
				  documentation and review of the use of all strategies. At a minimum this
				  documentation must be reviewed and approved by the Planning Team
				  annually.
C. A Functional Assessment is an analysis that evaluates what
				  may be contributing to the Challenging Behavior including, but not limited
				  to:
1. The overall quality of a Person's life, including:
a. Communication;
b. Relationships;
c. Environmental conditions or sensory factors;
d. Daily activities;
e. Communicative intent of the behavior; and
f. Unmet needs.
2. The presence of a diagnosed medical or mental illness or
				  neurological condition that may contribute to the Challenging Behavior
				  including:
a. Symptoms of the diagnosed condition;
b. Recommended treatment;
c. Medications, including the Psychiatric Medication Support
				  Plan; and
d. Potential side effects of treatment.
3. Consultation by physical therapy, occupational therapy or
				  communication specialists as issues are evident or when sensory related issues
				  exist;
4. Factors or events that increase the likelihood of
				  Challenging Behavior;
5. When, where and how often the Challenging Behavior occurs,
				  and the history of the behavior;
6. Factors or events that increase the likelihood of
				  desirable behavior; and
7. All hypotheses about the function or purpose of the
				  Challenging Behavior, including what the Person is trying to communicate by
				  engaging in the behavior.
D. The Functional Assessment must be:
1. Completed by, or in consultation with, a person who has
				  been designated by the Planning Team and who has training and experience in
				  behavior analysis and Positive Supports;
2. Based on direct observation of the Person, interviews with
				  the Person and significant others, including family where appropriate,
				  caregivers and team members;
3. Based on review of available information such as
				  assessments and reportable events; and
4. Updated every three years, or more often as
				  needed.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - REGULATIONS GOVERNING BEHAVIORAL SUPPORT, MODIFICATION AND MANAGEMENT FOR PEOPLE WITH INTELLECTUAL DISABILITIES OR AUTISM IN MAINE › Appendix 197-5-TWO - POSITIVE SUPPORT PLAN REQUIREMENTS

Current through 2024-29, July 17, 2024
The Planning Team must develop a Positive Support Plan as a
				  component of the Personal Plan that supports individual growth, enhances
				  quality of life, and attempts to decrease or eliminate the need for more
				  restrictive measures. The Person must be involved to the greatest degree
				  possible in the development of the Positive Support Plan.
A. A Positive Support Plan must address and when needed
				  develop strategies for implementing the following:
1. Recommendations for improving the general quality of a
				  Person's life;
2. Recommendations for more meaningful activities for the
				  Person;
3. Identification of events and environmental factors that
				  are likely to provoke the Challenging Behavior and steps to reduce them;
4. Strategies for teaching the Person skills to meet his or
				  her needs without resorting to Challenging Behavior;
5. Strategies and training for staff to interact with the
				  Person when the Person is exhibiting Challenging Behavior;
6. Strategies and training for staff to implement Positive
				  Behavior Modification Techniques when identified as a need;
7. Evaluation and treatment for medical, psychiatric or
				  neurological issues;
8. Support for self-direction and building
				  relationships;
9. Modifications to the physical and interpersonal
				  environment if necessary; and
10. Strategies to address communication barriers and a plan
				  to enhance the Person's ability to communicate.
B. If the Planning Team includes Positive Behavior
				  Modification Techniques in the Positive Support Plan, those techniques must be
				  to help the Person learn alternatives to the Challenging Behavior. If Positive
				  Behavior Modification Techniques are implemented:
1. The Planning Team must seek to implement naturally
				  occurring Reinforcers, as a basis for sustained, desired behavior
				  change.
2. The Planning Team must strive to avoid artificial
				  Reinforcement plans, including but not limited to token economies. Removal of
				  earned Reinforcers is not permitted.
3. When a Positive Support Plan includes the use of
				  artificial Reinforcers, the Planning Team must include a written transition
				  plan to move toward more natural Reinforcers and personal
				  control.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - Crisis Prevention and Intervention Services › Section 197-6-01 - INTRODUCTION

Current through 2024-29, July 17, 2024
This rule applies to the Department's Crisis Prevention and
				  Intervention Services (CPIS) provided pursuant to
				  22
				  M.R.S. §
										3088 and 34-B M.R.S.
				  §5206. The Department's CPIS support and promote the safety and well-being
				  of adults with acquired brain injuries, intellectual disabilities, or Autism
				  Spectrum Disorder who are in crisis, when such personal crises could lead to
				  the loss of the home, support services, or employment.
1.
Goals.
In providing CPIS, the
				Department will strive to:
A. Mobilize the
				person's own strengths;
B. Access
				and use community resources;
C.
				Prevent unnecessary or inappropriate institutionalization; and D. Protect the
				person's health and safety.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - Crisis Prevention and Intervention Services › Section 197-6-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Acquired Brain Injury
means
				an insult to the brain resulting directly or indirectly from trauma, anoxia,
				vascular lesions or infections, which:
A. Is
				not of a degenerative or congenital nature;
B. Can produce a diminished or altered state
				of consciousness resulting in decreased cognitive abilities or physical
				functioning;
C. Can result in the
				disturbance of behavioral or emotional functioning;
D. Can either be temporary or permanent; and
				E. Can cause partial or total functional disability or psychosocial
				maladjustment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - Crisis Prevention and Intervention Services › Section 197-6-03 - SERVICES

Current through 2024-29, July 17, 2024
1.
Capacity.
The Department,
				subject to available resources, will maintain sufficient capacity to offer
				statewide in-home and out-of-home CPIS for adults with intellectual
				disabilities, acquired brain injuries, or Autism Spectrum Disorder.
Subject to available resources, the Department shall assure
				  that there exists capacity to conduct crisis planning, training, assessment,
				  consultation, support, and post-crisis follow up; to provide support to prevent
				  or respond to a crisis on-site; and to assist with securing mental health
				  supports and appropriate professional supports when necessary, including access
				  to a licensed mental health provider, inpatient treatment when indicated,
				  psychiatric services, and mental health aftercare services.
2.
Service Location
A. The Department will authorize, as needed,
				in-home or out-of-home services.
B. Crisis services will be offered at a
				person's home, program, or workplace unless:
(1) Otherwise specified in personal planning;
				or
(2) Crisis prevention and
				intervention efforts to remain at home were unsuccessful.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - Crisis Prevention and Intervention Services › Section 197-6-04 - TRAINING

Current through 2024-29, July 17, 2024
1. The Department shall offer regular and
				ongoing information, consultation, and training on CPIS, regarding:
A. Available types of crisis
				services;
B. Prevention;
C. Intervention; and
D. Post-crisis review.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - Crisis Prevention and Intervention Services › Section 197-6-05 - DATA COLLECTION AND REPORTING

Current through 2024-29, July 17, 2024
1.
Data
				Collection
A. The Department shall
				retain and maintain data regarding CPIS, including data that may be needed to
				sufficiently plan and budget for ongoing crisis services, including:
(1) Referral counts, types and
				sources;
(2) Presenting
				issues;
(3) Levels of care
				assessed;
(4) Types of CPIS used;
(5) Duration of CPIS;
				and
(6) Demographics of persons
				accessing crisis services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 8 - Grievance Process for Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-8-01 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
This rule sets forth the Grievance process for persons with
				  an intellectual disability, Autism Spectrum Disorder, or an acquired brain
				  injury who receive services from the Department of Health and Human Services
				  ("the Department") pursuant to 34-B M.R.S. § 5604. This rule does not
				  apply to grievances against public guardians or conservators pursuant to 18-C
				  M.R.S. § 5-126(1). While the procedures set forth below describe the
				  process for resolving Grievances once they are referred to the Department,
				  individuals and agencies providing services must make reasonable efforts to
				  resolve Grievances and disputes as they arise and must promptly refer to the
				  Department those matters which have not been resolved at the Provider or agency
				  level. The Department may require Providers to maintain written policies and
				  procedures for that purpose. Persons Receiving Services who receive MaineCare
				  Services are reminded of their right, under Chapter I, Section 1, § 1.24
				  of the
MaineCare Benefits Manual
, to appeal a denial,
				  reduction, suspension, or termination of the Person's MaineCare services,
				  within the deadline to file such an appeal imposed in the
MaineCare
				  Benefits Manual
.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 8 - Grievance Process for Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-8-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Advocate
means an employee of
				Maine's Protection and Advocacy Agency, unless a Person Receiving Services has
				designated another individual or organization to be the advocate, in which case
				it is that person.
2.
Case
				Manager
means Department of Health and Human Services case management
				staff, community case management staff, care coordinator staff or other persons
				with responsibility for coordinating and/or monitoring the planning process and
				services for a Person Receiving Services. Case Manager supervisors may perform
				the functions assigned to Case Managers in this rule and when doing so are
				included within the definition of Case Manager.
3.
Correspondent
means a person
				designated by the Maine Developmental Services Oversight and Advisory Board, or
				its successor, to act as a next friend of a person with an intellectual
				disability or autism spectrum disorder.
4.
Department
means the Maine
				Department of Health and Human Services, or its successor.
5.
Developmental Disability and Brain
				Injury Services
means the program within the Department responsible for
				the administration of the system of care for eligible persons with an
				intellectual disability, Autism Spectrum Disorder, or an acquired brain injury.
6.
Grievance
means a
				complaint by a Person Receiving Services about (1) either an action or inaction
				by the Department, or a Provider that violates (a) a right or basic protection
				pursuant to 34-B M.R.S. § 5605, or (b) a Department rule, which violation
				causes the Person Receiving Services harm or may reasonably and foreseeably
				cause such harm, or (2) the services or supports presently being provided to
				the Person Receiving Services.
Grievance includes a complaint regarding:
A. The planning process for the
				Grievant;
B. A violation of other
				applicable laws;
C. A violation by
				a Provider of a requirement of the Provider's license or certification;
				or
D. A breach of a contract for
				services to which the Persons Receiving Services is a party of under which the
				Person Receiving Services is an intended beneficiary.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 8 - Grievance Process for Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-8-04 - CONTINUING SERVICES THROUGH PENDENCY OF GRIEVANCE

Current through 2024-29, July 17, 2024
1. Where the Person Receiving Services
				receives advance notice of an action to not renew, terminate, suspend, or
				reduce services, and if the Person Receiving Services files a Grievance
				regarding such non-renewal, termination, suspension, or reduction before the
				date of action, the person's services currently being provided will not be
				terminated, reduced, or suspended until:
A.
				Twelve (12) calendar days from receiving a decision on a Level I or Level II
				Grievance, if the Grievant fails to request further review or appeal of the
				Level I or Level II decision; or
B.
				Seven (7) calendar days from the date of the Commissioner's final decision on a
				Level III Grievance, which final decision is rendered following an
				administrative hearing and a recommended decision from the hearing
				officer.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-I - Introduction

Current through 2024-29, July 17, 2024
These rules are adopted in accordance with the statute noted
				  below and in conformity with
				   5 MRSA §8001
et seq.
Severance Clause:
The provisions of these rules
				  are severable. If any provision of the rules is invalid, or if the application
				  of the rules to any person or circumstances is invalid, such invalidity shall
				  not effect other provisions or applications which can be given effect without
				  the invalid provision or application.
Legal Basis:
These rules are promulgated under
				  the authority of
				   34-B MRSA
				  §§1203,
				  5432 and
				  5465.
Effective Date:
These rules shall become
				  effective November 29, 2003.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-III - CERTIFICATION PROCESS

Current through 2024-29, July 17, 2024
A.
Terms of
				Certification
1. Prohibition. No case
				management services for adults with mental retardation, as described in these
				rules, may be provided without certification.
2. Certification. Certification shall be
				granted to agencies that meet the terms and conditions described
				herein.
3. Prohibition. Agencies
				certified under these rules to provide case management services may not provide
				other services to the same group of clients.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-IV - AGENCY ORGANIZATION

Current through 2024-29, July 17, 2024
A.
Statement
				of Ownership
1. Authority. The agency
				shall maintain documentary evidence of its source(s) of authority to provide
				services. Such evidence will include articles of incorporation, corporate
				charter or similar documents.
2.
				Records. Corporations, partnerships or associations, whether for-profit or
				not-for-profit, shall maintain records of the names and current addresses of
				officers and directors, charters, partnership agreements, constitutions,
				articles of association and/or by-laws, as applicable.
3. For-Profit Organizations. Organizations
				operating on a for-profit basis shall maintain the names and current addresses
				of principal owners.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-V - PERSONNEL MANAGEMENT

Current through 2024-29, July 17, 2024
A.
Personnel
				Policies.
The agency shall adopt written personnel policies and
				procedures to address adequately relevant elements of these rules and
				applicable laws.
1. Access to personnel
				policies. Employees, persons receiving services, guardians, advocates and
				representatives of the Department shall have access to personnel policies
				during regular business hours of the agency, except as provided below.
a. nothing in these rules prohibits
				restricting access to personnel policies by employees, persons receiving
				services, families, guardians and advocates to specific locations or
				circumstances of oversight and supervision, if the restrictions are reasonable,
				are clearly defined in policy and otherwise comport with applicable laws and
				regulations.
b. copies of personnel
				policies shall be promptly provided to persons receiving services, families,
				guardians and advocates, if requested. However, nothing in these rules requires
				the agency to provide copies of personnel policies to persons receiving
				services, guardians and advocates at the agency's expense.
c. copies of policies governing access to
				personnel policies, and specific job descriptions, orientation and training,
				shall be provided to employees at the agency's expense. Copies of additional
				personnel policies shall be promptly provided to employees, if requested.
				Nothing in these rules requires the agency to provide copies of additional
				personnel policies to employees at the agency's expense.
d. no restrictions of access may be imposed
				on authorized representatives of the Department, nor may fees be charged for
				copies of personnel policies when access and requests for copies of personnel
				policies are part of the legitimate functions of the Department.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-VI - OPERATIONAL PRACTICES

Current through 2024-29, July 17, 2024
A.
General
1. Policies. The agency shall
				adopt written operational policies and procedures to adequately address each
				relevant element of these rules and applicable laws.
2. Tobacco.
a. Agency staff shall not provide, distribute
				or facilitate access to tobacco products to persons under the legal
				age.
b. Agency staff shall not use
				tobacco products in the presence of persons under the legal age.
c. Programs shall not allow persons under the
				legal age to use tobacco products at the program site or during service
				provision.
d. Programs shall
				maintain current and effective policies and procedures to ensure the above
				standards. Policies shall describe disciplinary action to address employee
				noncompliance with the above standards. Policies shall be in compliance with
				Section V.F.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 10 - CERTIFICATION REQUIREMENTS FOR AGENCIES SEEKING TO PROVIDE COMMUNITY BASED TARGETED CASE MANAGEMENT FOR ADULTS WITH MENTAL RETARDATION AND AUTISM › Section 197-10-VII - ENVIRONMENT AND SAFETY

Current through 2024-29, July 17, 2024
A.
Compliance.
The agency shall ensure and document continuous compliance
				with all applicable laws, rules and regulations governing the location,
				occupancy, use, maintenance, construction and/or renovation of physical
				structures used in the delivery of licensed services.
B.
Structures.
All structures
				provided by the agency and used in the delivery of services shall be maintained
				in good repair and free from danger to health or safety, and shall be
				appropriate to the services provided. The agency shall meet current
				requirements of the ADA , the Rehabilitation Act, and the Maine Human Rights
				Act.
C.
Emergency Management
				Plans.
The agency shall adopt written procedures for staff to follow in
				case of emergency or disaster. Copies of emergency management plans shall be
				readily available to all staff at all times.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES › Section 197-11-05 - NON COVERED SERVICES

Current through 2024-29, July 17, 2024
The following services are not reimbursable under this
				  Section:
(A)Rent and food;
(B)Services for which the cost exceeds the
				limits described in Section 11.03;
(C)Personal assistance services (defined in
				11.01(BB) delivered in an Adult Family Care Home setting or other licensed
				Assisted Living Facility which is reimbursed for providing personal assistance
				services;
(D)Services provided by a
				Personal Assistant who is found to have convictions or complaints set forth
				under criminal background check requirements of Section 11.01(M);
(E)Homemaker and handyman/chore services not
				directly related to medical need;
(F)Those services which can be reasonably
				obtained by the consumer by going outside his/her place of residence;
(G)Travel time and mileage by the Authorized
				Agent, Authorized Agent's staff, and/or the assistant to and from the
				consumer's residence;
(H)Mileage
				for Personal Assistants;
(I)Household tasks except when delivered as
				an integral part of the Authorized Plan of Service as described in Section
				11.04;
(J)Custodial, supervisory or
				respite care;
(K)Off-site services,
				except in the provision of covered IADLs;
(L)On call services;
(M)Any reimbursement for hours of services in
				excess of the Maximum Authorized Service amount.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES › Section 197-11-07 - PROFESSIONAL AND OTHER QUALIFIED STAFF

Current through 2024-29, July 17, 2024
(A)
Registered Professional Nurse
A registered professional nurse employed directly or through
				  a contractual relationship or acting as an individual practitioner may provide
				  services by virtue of possession of a current license to practice their health
				  care discipline in the State in which the services are performed.
(B)
Occupational
				Therapist
An occupational therapist must be licensed to practice
				  occupational therapy by the Maine Board of Occupational Therapy Practice, as
				  documented by written evidence from such Board.
(C)
Certified Occupational Therapy
				Assistant (COTA)
An Occupational Therapy Assistant who is licensed to
				practice occupational therapy in the State of Maine, under the documented
				(co-signed) supervision of a licensed occupational therapist.
(D)
Personal Assistants
Assistants must be at least 16 years old and have the ability
				  to assist with activities of daily living as defined in Section 11.02.
				  consumer's are responsible for complying with all state and federal child labor
				  laws relating to Assistants under 18 years old. The Department will not
				  reimburse for the services of an assistant individual who has a record of a
				  conviction or complaint as set forth in Section 11.05(D) of these rules.
After the completion of the consumer's skills training, the
				  consumer trains the assistant on the job. Within a twenty-one (21) day
				  probation period, the consumer will determine the competency of the assistant
				  on the job. At a minimum, based upon the Personal Assistant's job performance,
				  the consumer will certify competence in the following areas:
(a) ability to follow oral, or signed, and
				written instructions and carry out tasks as directed by the consumer;
(b) disability awareness;
(c) use of adaptive and mobility equipment;
				transfers and mobility; and
(d)
				ability to assist with activities of daily living and health maintenance
				activities.
Satisfactory performance will result in the consumer
				  completing a PA competency form. This statement is signed by the consumer,
				  submitted to the AA, and a copy is kept in the consumer's
				  record.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES › Section 197-11-08 - PROGRAM RESPONSIBILITIES

Current through 2024-29, July 17, 2024
(A) Consumer
				Control and Responsibility
A
(1)
				Employment of Personal Assistant. The consumer must control and direct the PA
				in the selection, hiring, management, training, scheduling, and, when
				necessary, termination of his or her PA. The consumer shall accept personal
				responsibility for all of the requirements listed below relating to his or her
				PA, including:
(a) Hiring, training,
				supervision, and termination of the PA;
(b) Establishing work schedules;
(c) Carrying out the plan of service as it
				relates to the PA and using the PA responsibly;
(d) Unemployment and workers compensation
				insurance, unless the consumer has chosen to have this carried out by the AA ;
				and
(e) Maintaining records, which
				comply with Maine State employment laws.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES › Section 197-11-10 - METHOD FOR REVIEWING REQUESTS FOR WAIVERS OF CONSUMER PAYMENT (MAJOR SUBSTANTIVE RULE)

Current through 2024-29, July 17, 2024
(A) consumer's
				requesting waivers may be asked to provide verification of any income, liquid
				assets and expenses for housing, transportation, unreimbursed medical expenses,
				food, clothing, laundry and insurance.
(B)consumer's may request a waiver from the
				authorized agency of all or part of the assessed payment.
(1) The request must be submitted in writing:
(a) within ten (10) days of the date of
				notification of the assessed consumer payment, or
(b) within ten (10) days of the date of their
				last functional reassessment.