reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-8 - PROVIDER-CHILD RATIOS AND SUPERVISION

Current through 2024-29, July 17, 2024
A.
Provider-child ratios.
Provider-child ratios in this section are
				based on the chronological ages of the children in care.
1. The licensee must assure supervision in
				the following ratios, based on the ages of the children served:
CHILD AGES
PROVIDER: CHILD RATIO
All children 6 weeks to 2 years old
1 Provider:
4 Children
2 Providers:
8 Children
3 Providers:
12 Children
All children 2 to
5 years old
1 Provider:
8 Children
2 Providers:
12 Children
Not applicable
All children over 5 years old
1 Provider:
12 Children
Not applicable
Not applicable
Mixed ages
1 Provider:
3 children under 2 years old+ 3 children 2 to 5 years
							 old+ 2 children over 5 years old, or 8 children 2 to 5 years old+ 2 children
							 over 5 years old.
2 Providers:
6 children under 2 years old + 6 children over 2
							 years old.
3 Providers:
12 children (No more than 9 children may be under 2
							 years of age).
2.
				Ratios are always based upon the age of the youngest child present.
3. The number of children in care must not
				exceed licensed capacity. Children of the licensee aged four and over are not
				included in licensed capacity.
a. Children of
				the licensee under the age of four are counted in determining the
				provider-child ratio and are included in licensed capacity.
b. Children of providers who are not the
				licensee must be counted in the appropriate age groups when determining the
				provider-child ratio.
4.
				Older children may fill younger children's spaces but younger children may not
				fill older children's spaces.
5.
				Capacity may only be exceeded when the following conditions exist: family
				emergencies or emergency school closings.
a.
				Planned school closures are considered predictable circumstances and,
				therefore, capacity may not be exceeded.
b. Proper supervision and ratios, as defined
				in this rule, must be maintained. Procedures for managing such events must be
				explained in the written emergency plan and reasons for exceeding capacity and
				the reason for exceeding capacity must be documented on the attendance
				record.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-9 - TRAINING

Current through 2024-29, July 17, 2024
A.
Pre-licensing training.
Applicants must complete Department-approved training as part of the
				application process. Applications are not considered complete until the
				training requirements are satisfied.
B.
Licensee Responsibility
. The
				licensee is responsible for ensuring that all providers are familiar with the
				operation of the child care and understand the relevant requirements of this
				rule.
C.
Orientation
				training.
Provider training in the first twelve months of employment
				must include first aid, adult, child, and infant CPR with hands-on skills
				demonstration, mandated reporter training in accordance with
				22 M.R.S.
				§4011-A and at least two of the
				following:
1. Fire drill and other emergency
				and disaster procedures;
2.
				Prevention of Sudden Infant Death Syndrome (SIDS) or Sudden Unexplained Infant
				Death (SUID), Shaken Baby Syndrome and safe sleep practices;
3. Administration of medication and parental
				consent;
4. Prevention of and
				response to food and allergy emergencies;
5. Building and physical premises
				safety;
6. Infectious disease
				prevention and control and blood borne pathogens;
7. Handling and storage of hazardous material
				and disposal of bio-contaminants; or
8. Transportation of children (if the
				individual will be responsible for the transportation of children; required
				every two years thereafter);
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-10 - CHILD GUIDANCE, MANAGEMENT AND DISCIPLINE

Current through 2024-29, July 17, 2024
A.
Constructive methods of guidance.
All providers must use only
				constructive methods of guidance, which may include, but are not limited to,
				interventions such as conflict resolution, encouraging the use of language
				skills, redirecting, providing choices, positive reinforcement, recognition of
				a child's strengths and allowance for individual differences.
B.
Detrimental practices.
Actions that might be harmful to children are strictly prohibited. The licensee
				shall ensure that no child is subjected to an action or practice detrimental to
				the welfare of children, including, but not limited to:
1. Corporal punishment as defined in Section
				1;
2. Cruel or severe punishment,
				humiliation or verbal abuse, including, but not limited to:
a. Shaming and embarrassing; or
b. Punishment for soiling, wetting or not
				using the toilet.
3.
				Withholding food, drink or rest as punishment or threat of punishment, or being
				forced to eat or drink against the child's will.
4. Exposing a child to profane language,
				depictions of violence, use of illicit drugs or sexual content.
5. Requiring a child to be silent or inactive
				as a disciplinary measure for a period exceeding that child's age in
				minutes.
6. Unusual confinement,
				including but not limited to: developmentally inappropriate use of high chairs,
				play yards, cribs or leaving a child unattended in any room.
7. Withholding any adaptive equipment that
				would result in loss of a child's independence.
8. Using physical restraints, unless trained,
				and with the review and approval of a licensed clinician.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-11 - CHILD ABUSE AND NEGLECT

Current through 2024-29, July 17, 2024
A.
Abuse and
				neglect in the child care.
The licensee must ensure that providers,
				students, and persons living on the premises do not abuse or neglect children
				in care in any way, including physical, sexual or emotional abuse.
B.
Reporting requirement.
All
				providers are required to report to the Department when there is reasonable
				cause to suspect abuse or neglect of a child. The licensee must inform all
				child care personnel of their status and responsibility as mandated reporters
				of suspected abuse or neglect of a child. The licensee must ensure that the
				telephone number of the Department's Child Protective Intake Unit
				(1-800-452-1999) is readily available to providers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-12 - HEALTH AND MEDICAL

Current through 2024-29, July 17, 2024
A.
Immunization.
Immunization records must be maintained to ensure
				proper medical treatment is determined and given in the event of a disease
				outbreak or public health emergency.
1. The
				licensee must have a current record of immunization on file for each child who
				is not attending public or private school, which clearly documents each child's
				present immunization status based on the Department's Day Care Immunization
				Standards (available at
				http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/family/and
				published in September 2011), within 30 days of the child's first admission to
				the child care.
2. The record must
				include the dates of immunization (month/day/year) and vaccine type, or
				documentation of immunity.
3. In
				the event of a disease outbreak, a child not immunized for religious,
				philosophical or medical reasons must be excluded from the child care until the
				outbreak no longer exists or until the child receives the necessary
				immunization.
4. The licensee must
				maintain a list of children and providers exempt from immunizations, due to
				religious, philosophical or medical reasons.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-13 - DRINKING WATER AND WASTEWATER

Current through 2024-29, July 17, 2024
A.
Initial
				testing requirement for licensees serving water from a municipal public water
				source.
In order to hold a license, applicants serving water from a
				municipal public water system, must collect one first-draw lead sample prior to
				receiving a license or enter into a bottled water agreement from the
				Department. The sample container must be from a Maine-certified laboratory and
				consist of a one-liter capacity.
B.
Initial testing requirements for licensees serving water from their own
				well.
Applicants serving drinking water from their own well must
				demonstrate satisfactory water quality by testing for the following
				contaminants by a Maine-certified laboratory:
1. Fluoride,
2. Uranium,
3. Arsenic,
4. Lead (first-draw sample),
5. Total coliform bacteria, and
6. Nitrates.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-14 - ENVIRONMENT AND SAFETY

Current through 2024-29, July 17, 2024
A.
General
				condition of the building and surrounding premises
. A licensee must take
				immediate steps to correct any condition in the physical building or on the
				premises, which poses a danger to children's life, health or safety.
1. Stairs used by children must be equipped
				with solidly mounted handrails.
2.
				Stairs must be enclosed by walls or railings. Stairs in areas used by infants,
				toddlers and preschool age children must be protected by a gate or
				door.
3. Electrical outlets in
				areas used by infants, toddlers and preschool children must be protected by
				safety caps, plugs or other means.
4. Providers must comply with Maine's
Lead Poisoning Control Act
about the use of lead-based paint
				on toys, furniture or any interior or exterior surfaces (22 M.R.S. Ch.
				252).
5. The licensee must have an
				annual screening for potential lead hazards, unless the child care site meets
				the exemptions outlined in
				22 M.R.S.
				§1319-C.
6. Any medications, toxic substances (for
				example: cleaning supplies, pesticides, and solvents), matches, lighters,
				fireworks, power tools and other items dangerous to children must be kept where
				children cannot access them.
7.
				Firearms must be kept unloaded and must be locked to prevent contact by
				children. Ammunition must be locked in a separate location from
				firearms.
8. Smoking is prohibited
				on the premises when children are present.
9. Strings and cords (e.g. those that are
				found on window shades) long enough to encircle a child's neck (six inches or
				more) must not be accessible to children unless the child is engaged in a
				recreational or educational activity with an adult.
10. The provider must have a phone in working
				condition on the premises.
11. A
				provider may lock the main entrance of the child care premises to prevent
				access from the exterior, provided that the door can be freely opened from the
				interior and there is a means to inform the provider of the arrival of
				visitors.
12. Toys and equipment
				must be kept clean and in safe working order.
13. The fall zone under and around all indoor
				play equipment which would buffer a fall from a height of more than 29 inches
				shall be covered with shock-absorbing mats or materials which extend at least
				39 inches beyond the outside edge of the equipment in all directions. If the
				play structure exceeds 48 inches in height, the shock absorbing mat must be at
				least two inches thick.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-15 - SWIMMING AND WADING

Current through 2024-29, July 17, 2024
A.
Procedures
				regarding swimming and wading activities and safety procedures.
The
				licensee must develop safety procedures regarding swimming and wading
				activities. Procedures must include all swimming or wading activities that take
				place on or off the premises. Direct supervision of children by providers,
				within sight and sound of all children in the swimming and wading activity
				area, is required at all times.
B.
Wading pools.
Wading pools must be emptied and cleaned daily when
				in use.
C.
Swimming
				Pools.
Licensees with swimming pools on the premises must be familiar
				with emergency procedures, the use of safety equipment and emergency contacts.
1. Providers using a swimming pool must
				complete a Department-approved basic water safety course that includes training
				in non-swimming water rescue techniques. A copy of the current training
				certificate must be in the personnel file.
2. Swimming pools must be protected by
				fencing or suitable barriers to prevent children from gaining access without
				provider approval and supervision.
a. All
				in-ground pools located in areas accessible to the children must be fenced. The
				fence must be at least four feet in height and secured with a locked
				gate.
b. All above-ground pools
				must have non-climbable sidewalls that are at least four feet high or must be
				enclosed with a fence. When the pool is not in use, steps must be removed from
				the pool or otherwise made inaccessible to prevent unsupervised access by
				children.
3. All
				non-swimmers must be protected by a Coast Guard-approved flotation device
				properly fitted for age and weight, except during swim instruction
				programs.
4. Swimming pools must be
				equipped with a filtration and/or treatment system.
5. The water in a swimming pool must have
				sufficient clarity. The bottom must be clearly visible in the deepest part of
				the pool.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-16 - FOOD AND KITCHEN FACILITIES

Current through 2024-29, July 17, 2024
A.
Meals and
				snacks
1. Meals and snacks provided by
				the licensee shall be nutritious and well-balanced. Each meal (breakfast,
				lunch, and dinner) and snack provided by the licensee shall include items such
				as proteins, dairy products, fruits and vegetables, water and whole
				grains.
2. All food must be stored
				in a manner to prevent spoilage, and kept hot or cold, as required.
3. All formula and breast milk must be served
				and stored in accordance with the standards of the national Center for Disease
				Control, available at
				www.cdc.gov/breastfeeding/recommendations/handling_breastmilk.htm.
Children must be within sight
and
sound of the
				  provider during meal and snack times.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-17 - TRANSPORTATION

Current through 2024-29, July 17, 2024
A.
Driver requirements.
Any
				person, including providers, driving children enrolled in care, must have the
				proper license to drive the class of motor vehicle being used and must complete
				training for transportation of children every two years.
B.
Vehicle requirements.
1. A provider shall not leave a child alone
				in a motor vehicle.
2. Firearms
				shall not be carried in a vehicle occupied by a child.
3. The Maine Child Passenger Safety Law (29-A
				M.R.S. Ch. 19, § 2081 ) must be observed at all times when a child or
				children are being transported:
a. A child
				under 40 pounds must be properly secured in a child safety seat in accordance
				with the manufacturer's instructions.
b. A child between 40 and 80 pounds and less
				than eight years of age must be properly secured in a federally approved child
				restraint system.
c. A child
				between the ages of eight and 12 and more than 4 feet 9 inches tall must be
				properly secured in a seat belt.
d.
				A child under 12 and weighing less than 100 pounds must be properly secured in
				the rear seat of a vehicle, if possible.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-18 - INFANT AND TODDLER CARE

Current through 2024-29, July 17, 2024
A.
General
				standards
1. Infants and toddlers must
				not be allowed to use toys or objects which could be swallowed or cause
				choking. Foods that are choking hazards due to the size, shape or texture must
				not be served to infants and toddlers.
2. The provider must ensure that infants and
				toddlers are given a variety of activities to promote proper
				development.
3. Each infant or
				toddler's position must be changed at least each half hour, when the child is
				awake.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-19 - NIGHTTIME CARE

Current through 2024-29, July 17, 2024
A.
Additional
				rules for nighttime care.
A licensee receiving children for night care
				must comply with the requirements in this section, in addition to other
				sections of this rule.
B.
Limitation for over night care.
On a given day, if working alone,
				a licensee must be limited to operating either a daytime child care or a
				nighttime child care, unless additional providers are employed.
C.
Rooms above the first floor.
A room above the first floor may be used for sleeping or napping if the room
				has two exits, with one exit leading directly to the outside, with means to
				safely reach the ground level.
D.
Emergency planning.
The provider must ensure that:
1. There is a night light or other mechanism
				to illuminate hallways leading to stairs and restrooms;
2. There is a plan for evacuating children to
				safety in case of fire or emergency;
3. Smoke detection equipment is operating,
				properly mounted and installed on all floors where children sleep;
				and
4. Nighttime fire evacuation
				drills are conducted at least once eachmonth, while children are sleeping,
				using at least two means of exit.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-20 - ENFORCEMENT

Current through 2024-29, July 17, 2024
The Department may take one or more of the following measures
				  to address violations of this rule or applicable statutes.
A.
Directed plan of action.
Failure to complete or comply with a plan of action will result in the
				Department issuing a directed plan of action to the licensee. The directed plan
				of action will specify the actions that must be completed in order to comply
				with this rule, along with a timeline for each action. The Department may
				direct any licensee to correct any violations in a manner, and within a time
				frame, that the Department determines is appropriate to ensure compliance with
				this rule or to protect the health and safety of children.
B.
Restrictions.
As part of a
				directed plan of action, the Department may require the following:
1. To stop all new admissions until the
				Department determines that the licensee has corrected all violations that
				resulted in the order.
2. To reduce
				the capacity of the licensee until the Department determines that the licensee
				has corrected all violations that resulted in the order.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 51 - POLICY CONCERNING THE GUIDELINES FOR GRANTS/CONTRACTS AND APPEAL OF DECISIONS › Section 144-51-1.0 - Purpose

Current through 2024-29, July 17, 2024
1.1 This policy shall serve as a vehicle for
				the identification and description of the process which the Department of
				Health and Human Services intends to meet its responsibilities as specified by
				5 M.R.S.A., Chapter 156, Section 1831.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 51 - POLICY CONCERNING THE GUIDELINES FOR GRANTS/CONTRACTS AND APPEAL OF DECISIONS › Section 144-51-2.0 - Intent

Current through 2024-29, July 17, 2024
2.1 The various bureaus and divisions of the
				Department purchase a wide array of services from community based providers. It
				is intended that the principles and procedures outlined herein shall be
				utilized by all bureaus and divisions when requesting proposals to purchase
				services.
2.2 The Department
				reserves the right to renew grants/contracts with existing service providers
				when (1) the health and safety of clients is at risk, (2) continuity of service
				to current clients is integral to obtaining client objectives or (3) Federal
				rules and regulations supersede these policies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 51 - POLICY CONCERNING THE GUIDELINES FOR GRANTS/CONTRACTS AND APPEAL OF DECISIONS › Section 144-51-3.0 - Procedures

Current through 2024-29, July 17, 2024
3.1 Each bureau/division of the Department
				will inform prospective bidders about grants/contracts for which bids are being
				requested by placing a legal advertisement for three consecutive days in the
				State paper (
The Kennebec Journal
) and once in a paper nearest
				locality most affected and if desired in other state papers. Notification of
				announcements may also be mailed to contracting agencies currently providing
				the same or related service and to all parties who have submitted unsolicited
				written requests for funding for the same or related services.
3.2 Proposals shall be reviewed and rated by
				agency personnel in a timely fashion following the deadline for proposal
				submission. Proposals received after announced deadlines shall not be
				considered.
3.3 The proposal
				selection criteria shall be determined by agency personnel on the basis of
				generally accepted, reasonable standards of quality and effectiveness including
				but not limited to, (1) completeness, (2) service descriptions,, (3) cost
				factors, (4) applicable standards, and experience of the applicant. Incomplete
				proposals may be penalized by a deduction of points assigned to incomplete
				sections. In all cases, the Department reserves the right to refuse any and all
				proposals.
3.4 The award of
				grants/contracts will be made on the basis of the rating scores assigned by
				agency personnel subject to the approval of the Commissioner and/or his
				assignee. The Department will notify all applicants of their selection or
				non-selection; by certified mail.
3.5 The Department win accept decision
				appeals for 30 days following notification, of selection or non-selection.
				Decision appeal hearings shall be conducted by the appropriate Deputy
				Commissioner or his/her designee. The appealed decision shall be revised in
				accordance with the procedures and selection criteria articulated in the
				request for proposal. The review decision may be further appealed to the State
				Purchasing Agent at the Bureau of Purchases, Station 9, Augusta,, Maine
				04333.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Chapter 2 - INTER-HOSPITAL AGREEMENTS

Current through 2024-29, July 17, 2024
A.
Types of
				Inter-Hospital Agreements
: Two separate types of organ donation request
				inter-hospital agreements shall be developed by Maine's hospitals.
1.
Community Hospital Agreement
- This agreement shall be developed between community and regional hospitals
				and the Maine transplantation center(s). The purpose of the agreement shall be
				to describe the respective roles and responsibilities of the community and
				regional hospitals and the Maine transplantation center(s) in Maine's organ
				procurement system.
2.
Regional Hospital Agreement
- This agreement shall be developed
				between regional hospitals and the Maine transplantation center(s). The purpose
				of the agreement shall be to describe the respective roles and responsibilities
				of the regional hospitals and the Maine transplantation center(s) In Maine's
				organ procurement system.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Chapter 3 - TRAINING OF PERSONS WHO WILL PERFORM THE REQUEST FOR AN ANATOMICAL GIFT

Current through 2024-29, July 17, 2024
A. all persons making requests for donations
				shall have received training in accordance with this rule.
B. The attending physician, who may be
				accompanied by another hospital representative trained and designated to assist
				In making the request, shall notify the appropriate person or persons, as
				defined In 22 MRSA52902(2), of the death and request consent to an organ
				donation. If the attending physician Is the only physician available to make
				the determination of death or Is otherwise unavailable, then the hospital
				administrator or his designated representatives shall make the request for
				organ donation.
C. Training for
				persons requesting organ donations shall Include but not be limited to:
1. The legal requirements of the Chapter 710,
				the Uniform Anatomical Gift Act ( 22 MRSA §2901 - 2910 ) and the necessity
				for completion of the medical record regarding organ donation
				requests;
2. Specifics of organ
				donation, Including: Identification of potential donors, medical uses of
				donated organs, general medical concepts Involved In organ transplantation,
				procedures for declaring brain death, the history and success of transplant
				programs, reimbursement mechanisms for expenses relating to organ retrieval and
				the existing network for the procurement of organs and the systems for
				allocating donated organs;
3. A
				review of the psychological, social, ethical and religious factors affecting
				willingness to donate organs and resistance to organ donation, and a review of
				materials developed to train Individuals to request organ donation In an
				appropriate manner;
4. The family's
				right to refuse and the need to respect this right; and
5. Circumstances which result In the
				unsuitability of anatomical gifts.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Chapter 4 - MONITORING MECHANISMS

Current through 2024-29, July 17, 2024
This chapter outlines the monitoring mechanisms that will be
				  utilized by the Department to ensure that the Intent of the statute is
				  met.
A.
Reporting Requirements
				of Hospitals
1. Effective January 1,
				1987, when a request for an anatomical gift is made by hospital personnel, the
				request and its disposition shall be noted in the decedents medical record. The
				form that shall be utilized to report this request is attached as Appendix A of
				these rules.
2. Hospitals shall
				report annually to the Department the number of requests for anatomical gifts
				made and the number of organs retrieved on the Department's supplement to the
				American Hospital Association's (AHA) Annual Survey of Hospitals. Effective
				January 1, 1987, hospitals will begin accumulating the Information necessary to
				develop this annual report. The Internal reporting form for hospitals and the
				AHA survey supplemental format that shall be used to provide the Department
				with this information are attached as Appendixes B and C
				respectively.
3. Hospitals shall
				demonstrate compliance by maintaining a file, available for the Department's
				Division of Licensing and Certification review by March 1, 1987, Including the
				following:
a. Inter-hospital agreements as
				specified by 22 MRSA §2910 S ub-§ 3; and
b. a training curriculum for training of
				organ procurement requests.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Appendix 144-52-A

Current through 2024-29, July 17, 2024
PERMISSION FOR ORGAN DONATION BY NEXT OF KIN*
Hospital Name:
				  ________________________________________________________
I /we__________________ of________________ __________________
				  _(_______)_
next of kin/guardian street address town and state
				  relationship to patient
hereby give my/our permission to_________________ and the
				  medical staff thereof, to
hospital name
authorize the removal and subsequent donation of the
				  following organ (s ) or tissue(s)
__ any appropriate organ
__kidney __eye/cornea __heart __heart/lung __liver __pancreas
				  __bone
of__________________to be used for such purposes, Including
				  organ transplant,
name of patient/deceased
as______________________may deem best, including transfer of
				  such organs to regional hospital name medical Institutions located outside the
				  State of Maine.
Permission is further granted for the -transfer of the
				  patient to the hospital where the removal of the above mentioned organ(s) will
				  occur and for the performance of any procedures -the are determined necessary
				  in association with the removal of these organs.
It Is understood that if permission is given prior to the
				  actual death of__________________, patient name It will become effective only
				  upon such death; and such permission may be relied upon by the
				  _______________________, members of its medical staff and any medical regional
				  hospital name institutions which may ultimately receive the organs unless said
				  permission is revoked in writing prior to pronouncement of death and removal of
				  the donated organs.
______________________________
				  __________________________
signature of next of kin/guardian witness
_____________________________
				  __________________________
street witness
_____________________________ Witnessed to obtaining
				  signature
city state ZIP this______ day of_______, 19
Permission obtained by
____________________________________________________________________
Name title
*The following is a list, in order of priority, of persons so
				  authorized: patient's spouse, patient's adult son or daughter, patient's mother
				  or father, patient's adult sister or brother, patient's guardian at the time of
				  death, other person authorized to dispose of patient's body. (See
				  
				  22 MRSA
				  §2902(21).)
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Appendix 144-52-B

Current through 2024-29, July 17, 2024
Record of Request for an anatomical gift
Internal Reporting Mechanism for hospitals
****Contact Agency for copy of this
				  form****
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 52 - REGULATIONS GOVERNING THE RESPONSIBILITIES OF HOSPITALS AND PHYSICIANS IN IMPLEMENTING AN ACT CONCERNING REQUIRED REQUEST FOR ORGAN DONATION › Appendix 144-52-C

Current through 2024-29, July 17, 2024
MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES
REQUESTS FOR ANATOMICAL GIFTS - ANNUAL REPORT*
Completion of the following questions fulfills your
				  facilities requirement to report data on the number of requests for organ
				  donations made by your facility annually under Public Law, Chapter 574.
1. Please report the number of requests and
				the number of consents obtained by your facility for anatomical donations
				during your reporting period pursuant to Public Law, Chapter 574.
a. ________ # of requests.
b. ________ # of patients for whom consent
				was granted.
IF YOUR FACILITY DID NOT PROCURE ORGANS DURING THE PAST YEAR,
				  YOU HAVE COMPLETED THE REPORTING REQUIREMENTS UNDER PUBLIC LAW, CHAPTER 574. IF
				  YOUR FACILITY PROCURED ORGANS DURING THE PAST YEAR, PLEASE CONTINUE.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-2 - SCOPE, EMPLOYER OBLIGATIONS, ENROLLMENT, AND FEES

Current through 2024-29, July 17, 2024
A.
Scope.
The provisions of this
				rule apply to all employers and direct access workers required to use the MBCC
				in accordance with
				22 M.R.S.
				§9054.
B.
Employer obligations.
An
				employer subject to this rule shall use the MBCC to conduct a comprehensive
				background check that includes a criminal history records check for all direct
				access workers. The employer shall comply with the requirements of this chapter
				when making employment-related decisions for direct access workers.
C.
Mandatory use of the MBCC by
				providers:
Use of the MBCC is mandatory for the following providers (as
				defined in
				22 M.R.S.
				§9053 ):
1. Child Care facilities;
2. Child placing agencies;
3. Children's residential care
				facilities;
4. Family child care
				providers;
5. Nursery
				schools;
6. Hospice
				providers;
7. Home health care
				providers;
8. Nursing
				facilities;
9. Personal care
				agencies and placement agencies;
10. Temporary nurse agencies;
11. Adult day care programs;
12. Assisted housing programs;
13. Residential care facilities;
14. Intermediate care facilities for
				individuals with intellectual disabilities;
15. Mental health services facilities or
				providers; and
16. Drug treatment
				centers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-3 - CONDUCTING BACKGROUND CHECKS AND REPORTS

Current through 2024-29, July 17, 2024
A.
Notice.
Employers must provide notice regarding the background
				check process and disqualifying offenses to direct access workers using forms
				provided by the Department.
B.
Authorization and releases.
Employers must obtain authorization
				and releases from direct access workers using forms provided by the Department
				prior to requesting a background check.
1.
Same document.
The notice, authorization and release may be in the
				same document.
2.
Maintain
				records.
Employers must maintain copies of all signed notice,
				authorization and release forms.
a. Employers
				must retain signed notice, authorization, and release forms:
i. For one year if the direct access worker
				is not hired; or
ii. Until new
				notices, authorizations, and releases are obtained for the direct access
				worker's next background check; or
iii. For a minimum of one year after the
				direct access worker's status as a direct access worker ends.
b. Employers must make the signed
				forms available immediately upon request from the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-4 - ERROR CORRECTIONS AND WAIVERS

Current through 2024-29, July 17, 2024
A.
Conditional employment.
The employer shall notify each direct
				access worker of the results of the MBCC or approved alternate vendor
				comprehensive background check report.
1. The
				employer shall record the date when the results of the report regarding
				eligibility for hire are provided to the direct access worker.
2. An employer may hire a direct access
				worker or retain a grandfathered direct access worker on a conditional basis by
				meeting the requirements of
				22 M.R.S.
				§§9057(4) and
				9058(3)
				and this rule.
3. An employer may
				continue conditional employment when that direct access worker pursues an error
				correction, or when the employer sponsors a waiver request. A direct access
				worker retained on a conditional basis must be under direct personal
				supervision during conditional employment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-5 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
A criminal background check record and other personally
				  identifiable information provided to an employer in compliance with this rule
				  are confidential. An employer may use this information only to determine the
				  eligibility of an individual for new or continued employment, and the
				  personally identifiable information or background check record may not be
				  disseminated in any way that does not comply with this rule or applicable laws.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-6 - ENFORCEMENT AND APPEALS

Current through 2024-29, July 17, 2024
A.
Referral
				for licensing actions.
The MBCC may refer substantial noncompliance with
				this rule or violations of the applicable statutes, including but not limited
				to providing false or substantially incorrect information to the Department, to
				the appropriate State government program, unit, or office for further licensing
				action.
B.
Penalties.
The Department may impose a penalty on employers for:
1. Failing to secure a background check in
				accordance with this rule;
2.
				Knowingly employing a disqualified direct access worker for direct access
				employment, except for conditional employment in accordance with this
				rule;
3. Failure or refusal to
				terminate, or remove from direct access employment, a direct access worker who
				is disqualified from employment based on this rule;
4. Conditionally employing a direct access
				worker before receiving verification that the direct access worker has met the
				requirements of conditional employment; or
5. Failing to comply with the confidentiality
				requirements and conditional employment requirements of 22 M.R.S. Chapter
				1691.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.01 - INTRODUCTION AND STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
The following laws of the United States and the State of
						Maine provide statutory authority for benefits governed by this
MaineCare Benefits Manual
(MBM):
A. Medicare: Title XVIII of the
Social Security Act
, as amended;
					 42 U.S.C.A. §
												1395
et seq.
B. Medicaid: Title XIX of the
Social
					 Security Act
, as amended;
					 42 U.S.C.A. §
												1396
et seq
.
C.
											22 M.R.S.
					 §3173
et
					 seq
.
D. Family Planning
					 Services:
					 22 M.R.S.
					 §1901,
et
					 seq
.
E. State Children's
					 Health Insurance Program (CHIP): Title XXI of the
Social Security
					 Act
, as amended;
					 42 U.S.C.
					 §
												1397.
F. Cub Care Program: M.R.S. § 3174-T as
					 enacted by Public Law 1998, Chapter 777, approved by the Governor, April 16,
					 1998.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.02 - MAINECARE ADMINISTRATION

Current through 2024-29, July 17, 2024
1.02-1
General
The Maine Department of Health and Human Services (the
						Department) is responsible for administering MaineCare in compliance with
						federal and state statutes, and for administrative policies.
A.
Federal Authority
Federal authority for Medicare, Medicaid, and CHIP rests
						with the Secretary of the Federal Department of Health and Human Services.
						Primary responsibility within the Department of Health and Human Services in
						turn rests with the Centers for Medicare and Medicaid Services (CMS).
B.
State Authority
Authority for the Department of Health and Human
						Services to accept and administer any funds which may be available from
						private, local, state, or federal sources for the provision of the services set
						forth in this Manual is established by
						22 M.R.S.,
						§§10,
						12
						and
						3173.
						The regulations themselves are issued pursuant to authority granted to the
						Department of Health and Human Services by
						22 M.R.S.
						§§42(1), and
						3173.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.03 - PROVIDER PARTICIPATION

Current through 2024-29, July 17, 2024
1.03-1
Enrollment Process
A. All
					 providers must complete an initial enrollment application followed by
					 subsequent enrollment applications to take place at various intervals as
					 follows:
1. Every three (3) years for
					 providers of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies
					 (DMEPOS);
2. Every five (5) years
					 for all other providers; and
3.
					 Upon request by the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.05 - SUPPLEMENTATION BY MEMBERS

Current through 2024-29, July 17, 2024
MaineCare providers must accept the allowances for
						covered services established by the Department as payment in full. Providers
						must also comply with state and federal law as well as the provisions of the
						MBM, Chapter I, Section 1.03-8.
Providers that request or require supplementary payment
						for MaineCare covered services are in violation of MaineCare rules and are
						subject to administrative sanctions. Private supplementary payment includes,
						but is not limited to, charging fees for referrals to other providers or
						consultants, charging a fee to request prior authorization, or charging fees
						for any other administrative services required in the process of providing
						MaineCare services.
Title
						42
						U.S.C. §
												1320a-7(b)
						specifically provides, in part, for criminal penalties as follows:
"Whoever knowingly and willfully;
(1) charges, for any services provided to a
					 patient under a State Plan approved under subchapter XIX of this title, money
					 or other consideration at a rate in excess of the rates established by the
					 state shall be guilty of a felony and upon conviction thereof shall be fined
					 not more than twenty-five thousand dollars $25,000 or imprisoned for not more
					 than five (5) years, or both."
Payment may be made by the Department only for MaineCare
						covered services provided to individuals who are eligible for services on the
						date the services are actually provided unless otherwise specified in the MBM,
						or who have been granted retroactive MaineCare eligibility after services have
						been provided.
Members may not be charged for covered services provided
						during any period of eligibility unless a member has knowingly misrepresented,
						in writing, his or her MaineCare status. Enrolled providers must bill the
						Department for covered services provided to a member during any period of
						eligibility for which the provider expects to be reimbursed. Nothing in this
						paragraph shall be construed as prohibiting a provider from providing free
						care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.07 - THIRD PARTY LIABILITY

Current through 2024-29, July 17, 2024
1.07-1
Definitions Relative to this Section
A. Insurer is:
1. Any commercial insurance company offering
					 health or casualty insurance to individuals or groups, including both
					 experience-rated insurance contracts and indemnity contracts;
2. Any profit or nonprofit prepaid plan
					 offering either medical services or full or partial payment for the diagnosis
					 or treatment of any injury, disease, or disability; or
3.  Any organization administering health or
					 casualty insurance plans for professional associations, unions, fraternal
					 groups, employer-employee benefit plans, and any similar organization offering
					 these payments or services, including self-insured and self-funded
					 plans.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES › Subsection 144-101-I-1.08 - REIMBURSEMENT

Current through 2024-29, July 17, 2024
1.08-1
Maximum Amount
Unless specified in other Chapters of this Manual, the
						maximum amount of payment for services rendered shall be the lowest of the
						following:
A. The MaineCare rate of
					 reimbursement as found in the applicable Chapter of the MBM or as published by
					 the Department;
B. The lowest
					 amount allowed by Medicare Part B;
C. The usual and customary charges;
D. The amount, if any, by which the MaineCare
					 rate of reimbursement for services billed exceeds the amount of the third party
					 payment as set forth in Section 1.07-7. A claim is considered paid in full if
					 the insurance amount received exceeds the MaineCare rate of reimbursement.
It is the responsibility of the provider to seek payment
						from any other resources that are available for payment of the rendered service
						prior to billing MaineCare.