reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.A - Mission Statement

Current through 2024-29, July 17, 2024
An ESRD Facility must have a clear mission statement that
					 is consistent with the standards as established by the ESRD
					 Network.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.B - Clients

Current through 2024-29, July 17, 2024
An ESRD Facility may provide services to any person who
					 consents to receive those services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.C - Services

Current through 2024-29, July 17, 2024
All ESRD services delivered must be in compliance with all
					 Federal Conditions of Participation listed at 42 Code of Federal Regulations,
					 Part 405.2100
et seq
., and meet the specific requirements of
					 these regulations.
ESRD services must be delivered in accordance with a care
					 plan approved by the interdisciplinary team, regardless of whether the ESRD
					 services are provided by staff or by contractors. The care plan must be based
					 upon treatment prescribed and an assessment of the patient's needs. The care
					 plan must be reviewed periodically by the interdisciplinary team and revised as
					 needed. The interdisciplinary team must consider the need for at least the
					 following services when developing the care plan:
5.C.1. Medical services;
5.C.2. Nursing services;
5.C.3. Dietary services; and
5.C.4. Social services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.D - Nursing

Current through 2024-29, July 17, 2024
Nursing services provided by an ESRD Facility must be
					 provided in accordance with a care plan, and must be under the direction and
					 supervision of a nurse supervisor. The nurse supervisor must:
5.D.1. Develop nursing objectives, policies
				  and procedures;
5.D.2. Develop job
				  descriptions for all personnel;
5.D.3. Establish staffing and on-call
				  schedules for staff; and
5.D.4.
				  Develop and implement orientation and training programs for all
				  staff.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.E - Orientation

Current through 2024-29, July 17, 2024
Each ESRD Facility must establish an orientation program
					 specific to their facility and the services provided.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.F - Continuing Education and Inservice Training

Current through 2024-29, July 17, 2024
The ESRD Facility must ensure that they employ the number
					 of qualified personnel needed; that all employees have an opportunity for
					 continuing education and related development activities.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.G - Records

Current through 2024-29, July 17, 2024
An ESRD Facility shall maintain, at a minimum, the
					 following records:
a. Individualized
				  patient/client care clinical records;
b. Personnel files for all staff;
c. Records of water system maintenance and
				  quality control; and
d. Records
				  related to reuse procedures.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.H - Record Retention

Current through 2024-29, July 17, 2024
All clinical and business records must be retained for a
					 period of time required by State law or seven (7) years from date of
					 discharge.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.I - Physical Plant

Current through 2024-29, July 17, 2024
The ESRD Facility must meet all Medicare certification
					 requirements.
All ESRD Facilities are required to have a back-up
					 emergency generator. The emergency generator must be made operational for a
					 period of at least one-half (1/12) hour each month with documentation of date
					 and time of operation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 126 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF END STAGE RENAL DISEASE UNITS/FACILITIES › Chapter 5 - SERVICES › Section 144-126-5.J - Sanctions

Current through 2024-29, July 17, 2024
A person who violates
					  22
					 M.R.S.A. §1717, Section I, commits a
					 civil violation for which a forfeiture, not to exceed $100 per day per
					 violation, may be adjudged.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 128 - RULES GOVERNING THE MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS › Section 144-128-3 - Work Disqualifications and Annotations

Current through 2024-29, July 17, 2024
A.
Disqualifying criminal offenses-A
				Table of Crimes.
The Department incorporates the Table of Disqualifying
				Crimes from the Maine Background Check Center Rule, 10-144 CMR Ch. 60, Section
				3 into this rule. That Table lists the length of time that an individual is
				prohibited from employment as a C.N.A. or D.C.W. All crimes listed in the Table
				are disqualifying offenses. Convictions for comparable convictions in other
				jurisdictions will be treated identically.
B.
Other disqualifying offenses.
Lists prohibiting employment:
1. National Sex
				Offender Public Website;
2. Maine
				Sex Offender Registry;
3. Federal
				Office of the Inspector General exclusion list;
4. MaineCare exclusion list; or
5. The exclusion list of any other applicable
				registries.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 128 - RULES GOVERNING THE MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS › Section 144-128-4 - Complaint Investigations, Substantiated Findings, Petitions, and Appeals

Current through 2024-29, July 17, 2024
A.
Complaint Investigations,
				Substantiated Findings and Appeals for C.N.A.s and D.C.W.s
1.
Complaint investigation.
The
				Department may investigate complaints and allegations against certified nursing
				assistants or registered direct care workers of abuse, neglect, exploitation or
				misappropriation of property of a client, patient or resident. These
				investigations may not duplicate similar investigations the Department
				initiates under separate regulations.
2.
Decision.
After an
				investigation, the Department shall issue a written decision that the
				allegation of abuse, neglect, exploitation or misappropriation of property of a
				client, patient or resident is unsubstantiated or substantiated. Each
				allegation of abuse, neglect or misappropriation of property must be considered
				separately. The written decision must include at least the following
				information:
a. Whether the allegation is
				unsubstantiated or substantiated;
b. A description of the factors supporting a
				substantial finding;
c. If an
				annotation of a substantiated finding is entered on the Registry;
d. A description of the employment
				prohibition, if any;
e. Notice of
				the right to appeal the Department's decision;
f. That if they do not request a hearing
				within 30 days, they will be annotated in the Registry and will be barred from
				working as a C.N.A. or D.C.W.; and
g. That appeals should be sent to the
				Division of Licensing and Certification, Maine Department of Health and Human
				Services.
3.
Right
				to hearing, Appeal
a. If the
				individual requests a hearing, that hearing will be held in accordance with
				10-144 C.M.R. Ch. 1,
Administrative Hearings Regulations
. The
				issue at hearing shall be whether the Department was correct in deciding that
				the individual abused, neglected or misappropriated the property of a patient,
				client, or resident.
b. If the
				final decision after hearing is that the finding is substantiated, the
				substantiation will be annotated in the Registry, unless the individual appeals
				the decision to Superior Court. If the finding is appealed, the substantiation
				will not be annotated unless the final result of the court appeal is in the
				Department's favor.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 1 - STATUTORY BASIS AND GENERAL DEFINITIONS › Section 144-129-1.A - STATUTORY BASIS

Current through 2024-29, July 17, 2024
The following rules and regulations are promulgated by the
					 Maine Department of Human Services by virtue of Sec. 1.
					  22
					 MRSA §1717.
1. Established. A list of registered personal
				  care agencies is established pursuant to Sec. 1. 22 MRSA §1717
				  requirements. The Department of Human Services shall maintain the
				  list.
2. Contents. All registered
				  personal care agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 1 - STATUTORY BASIS AND GENERAL DEFINITIONS › Section 144-129-1.B - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Activities of Daily Living: means tasks
				  that are routinely performed by an individual to maintain bodily function,
				  including, but not limited to mobility; transfers in position among sitting,
				  standing and prone positions; dressing; eating, toileting; bathing; and
				  personal hygiene assistance.
2.
				  Certified Nursing Assistant (CNA): means a person whose duties are assigned by
				  a registered professional nurse and who:
a.
				  Has successfully completed a training program or course for Nursing Assistants
				  with a curriculum meeting the requirements prescribed by the Maine State Board
				  of Nursing, holds a certificate of training from that program or course, has
				  successfully completed a nurse aide competency test and is listed on the Maine
				  Registry of Certified Nursing Assistants; or
b. Holds a certificate before September 29,
				  1987 and is listed on the Maine Registry of Certified Nursing
				  Assistants.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-129-2.A - REQUIREMENTS

Current through 2024-29, July 17, 2024
1. No personal care agency may provide
				  personal care services without being registered with the Department before
				  authorizing such services or operation.
2. The applicant shall comply with all
				  applicable Maine Statutes and rules and regulations.
3. No personal care agency shall accept any
				  remuneration for hiring or employing unlicensed assistive personnel or
				  delivering personal care services without first registering with the
				  Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-129-2.B - APPLICATION PROCEDURE

Current through 2024-29, July 17, 2024
1. Filing of
				  Application
Prior to acting as a personal care agency, a person or
					 entity intending to engage in business as a personal care agency shall file an
					 application with the Department. Individuals shall submit applications on their
					 own behalf. Applications made by a business entity shall be submitted by a
					 person or persons legally authorized to act in its behalf. All applicants shall
					 comply with the rules and regulations adopted pursuant to Title 22 MRSA
					 §1717.
2. Contents of
				  Application
Each application shall contain:
a. The legal name of the individual or entity
				  wishing to engage in business as a Personal Care Services Provider and, if
				  different, the name under which it shall conduct business;
b. A description of all facilities utilized
				  by the Personal Care Services Provider. This will include the address(es),
				  telephone number(s), and name of the owner(s) of all buildings utilized by the
				  Personal Care Services Provider. All branches and subunits must be identified
				  by address(es), telephone number(s), and identifying names;
c. A listing of specific personal care
				  services provided by the agency;
d.
				  For proprietary corporations: the full name and address of each person, firm or
				  corporation having (directly or indirectly) an ownership interest of 5% or more
				  in the agency;
e. For business
				  entities with one (1) owner or business partnerships: the full name and address
				  of each partner;
f. For
				  not-for-profit organizations: the full name and address of the President of the
				  Board of Directors or appropriate municipal government representative;
				  and
g. The name, home address, home
				  telephone number and office telephone number of the individual designated by
				  the applicant as the administrator of the Personal Care Services
				  Provider.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 2 - LICENSING APPLICATION PROCEDURES › Section 144-129-2.C - FEES

Current through 2024-29, July 17, 2024
1. Each application under this chapter shall
				  be accompanied by an annual fee of $25.00.
2. Registration shall be renewed annually
				  upon payment of the appropriate fee and demonstration of continued compliance
				  with these rules and regulations.
3. No such fee shall be refunded.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 3 - PROHIBITED CONTRACTING AND EMPLOYMENT › Section 144-129-3.A - PROHIBITED CONTRACTING AND EMPLOYMENT

Current through 2024-29, July 17, 2024
A personal care agency may not continue to employ, as an
					 unlicensed assistive personnel, an individual who has worked as a certified
					 nursing assistant and has been the subject of an annotation by the State Survey
					 Agency for a substantiated complaint or conviction of abuse, neglect, or
					 misappropriation of funds in a health care setting.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 3 - PROHIBITED CONTRACTING AND EMPLOYMENT › Section 144-129-3.B - HIRING

Current through 2024-29, July 17, 2024
Prior to hiring an individual, the agency must contact the
					 Maine Registry of Certified Nursing Assistant to ascertain if the individual
					 has worked as a certified nursing assistant; and if the individual has been the
					 subject of an annotation for a substantiated complaint or conviction of abuse,
					 neglect, or misappropriation of funds in a health care setting. A Personal Care
					 Services Provider may employ an individual for at least the length of time that
					 is required to complete a Registry check.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 129 - RULES AND REGULATIONS GOVERNING IN-HOME PERSONAL CARE AND SUPPORT WORKERS › Chapter 3 - PROHIBITED CONTRACTING AND EMPLOYMENT › Section 144-129-3.C - PENALTY

Current through 2024-29, July 17, 2024
A person who operates a personal care agency without
					 registering with the Department commits a civil violation for which a
					 forfeiture may be adjudged of $500 per day of operations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.01 - OBLIGATION TO PROVIDE SERVICE AND ADOPT POLICY

Current through 2024-29, July 17, 2024
A. No hospital shall deny services to any
				Maine resident solely because of the inability of the individual to pay for
				those services. Every hospital shall adopt and adhere to a free care policy
				that provides for a determination of inability to pay, defines the service to
				be provided as free care, and takes into account other sources of payment for
				care, consistent with the standards established in this Chapter.
B. Nothing in this rule shall preclude a
				hospital from adopting a policy for the provision of free care to individuals
				not qualifying for free care under this rule or for services not covered under
				this rule.
C. For purposes of this
				Chapter "free care" means service provided without expectation of payment from,
				or on behalf of, the individual receiving the hospital services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.03 - SERVICES COVERED

Current through 2024-29, July 17, 2024
Hospitals shall provide free care for medically necessary
				  inpatient and outpatient hospital services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.04 - NOTICE OF AVAILABILITY OF FREE CARE

Current through 2024-29, July 17, 2024
A.
Posted Notice.
Each hospital shall post notices of the
				availability of free care in locations within the hospital at which members of
				the public generally transact business with the hospital or present themselves
				to receive or request hospital services, including admitting areas, waiting
				rooms, business offices, and outpatient reception areas.
B.
Individual Notice.
With
				respect to inpatient services, each hospital shall provide individual written
				notice of the availability of free care to each patient upon admission or in
				the case of emergency admission, before discharge. With respect to outpatient
				services, each hospital shall either accompany the patient's bill with a copy
				of an individual notice of the availability of free care or shall provide a
				copy of the individual notice at the time service is provided.
C.
Content of Notice
(1) The notice must contain the most current
				Federal Poverty Guidelines (FPL), which are obtainable from the Internet at:
http://aspe.hhs.gov/poverty
or
				through the Department. Except as provided in 1.04 (C) (2) below, the posted
				and individual written notice must state the following:*
*Please note that the numbers provided as examples below are
				  derived from the 2006 FPL, recalculated to one hundred and fifty percent (150%)
				  of the FPL, and are provided merely to illustrate proper notice form. Notice
				  should state the FPL of the relevant year.
NOTICE
FREE MEDICAL CARE FOR THOSE UNABLE TO PAY
We must give free care to Maine people with income less than
				  one hundred and fifty percent (150%) of the FPL, which for 2006 is as
				  follows:
Size of Family Unit
2006 FPL
150%
							 FPL*
1
$9,800
$14,700
2
$13,200
$19,800
3
$16,600
$24,900
4
$20,000
$30,000
5
$23,400
$35,100
6
$26,800
$40,200
7
$30,200
$45,300
8
$33,600
$50,400
Add $3,400 for each additional person
You can apply for free care at
___________________________________
[specific location where individuals may apply].
You will be asked if you have insurance of any kind to help
				  pay for your care. You may also be asked to show that insurance or a government
				  program will not pay for your care.
Only necessary medical care is given as free care.
If you do not qualify for free hospital care, you are allowed
				  to ask for a fair hearing. We will tell you how to apply for a fair
				  hearing.
(2) In those
				instances where a hospital has a Hill-Burton obligation and where the
				hospital's free care policy for fulfillment of that obligation is not more
				restrictive than the guidelines set forth in this rule, a hospital may
				substitute its Hill-Burton notice for the notice specified in 1.04 (C) (1).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.05 - DETERMINATION OF QUALIFICATION

Current through 2024-29, July 17, 2024
A.
Application
(1) Each hospital
				shall provide an opportunity for each person seeking free care to make
				application on forms provided by the hospital.
(2) A hospital may require an applicant to
				furnish any information that is reasonably necessary to substantiate the
				applicant's income or the fact that the individual is not covered by insurance
				or eligible for coverage by state or federal programs of medical
				assistance.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.06 - BILLING

Current through 2024-29, July 17, 2024
A. If an individual has been determined
				qualified for free care under 1.05 (B) (1), the individual shall not be billed
				for the services provided.
B. If an
				individual has been determined qualified for free care under 1.05 (B) (2), the
				individual shall not be billed for any amount not paid by an insurer or medical
				assistance program.
C. If an
				individual's application for free care has been deferred under subsection
				1.05(C), then the individual may be billed for services during the period of
				deferral.
D. If an individual has
				been determined qualified for free care under subsection 1.05(B) or if the
				determination covering free care has been deferred under subsection 1.05(C),
				then no municipality shall be billed under the general assistance program for
				hospital care provided to that individual.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.07 - NO LESSER COVERAGE ALLOWED

Current through 2024-29, July 17, 2024
No hospital may establish policies that limit the
				  availability of free care to individuals who are qualified for free care under
				  the provisions of this rule.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.08 - REPORTING AND RECORD KEEPING

Current through 2024-29, July 17, 2024
A. Each hospital
				shall maintain records of the amount of free care provided in accordance with
				the minimum guidelines established in this rule and the number of individuals
				to whom it was provided. If a hospital provides free care that is not required
				by this Chapter, the hospital shall maintain separate records of the amount of
				such care provided and the number of individuals to whom it was
				provided.
B. Each hospital shall
				report to the Department as part of its filing of information for purposes of
				final reconciliation, a summary of the amount of free care that was provided in
				the applicable payment year in accordance with the requirements of this
				Chapter; the amount of free care that was not required in this Chapter that was
				provided in that year; and the number of individuals to whom each type of free
				care (required and not required) was provided.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.09 - FILING; APPLICABILITY

Current through 2024-29, July 17, 2024
A. Each hospital is
				required to file and maintain with the Department of Health and Human Services
				a current copy of its free care policy and a current copy of its posted notice
				of free care, adopted pursuant to the guideline of this rule.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 150 - FREE CARE GUIDELINES › Section 144-150-1.10 - NOTICE OF OPPORTUNITY FOR A FAIR HEARING

Current through 2024-29, July 17, 2024
Mail a copy of the hospital's Free Care Policy to:
Rate Setting Unit
Office of Operations and Support
Department of Health and Human Services
11 State House Station,
Augusta, ME 04333-0011
A. In accordance with 22 M.R.S.A. §1716
				the Department must grant the opportunity for a fair hearing regarding
				eligibility for free care to:
(1) Any
				applicant who requests it because his or her claim for free care is denied or
				not acted upon with reasonable promptness, or
(2) Any recipient of care who requests it
				because he or she believes the hospital has taken an action
				erroneously.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 1 - PURPOSE AND DEFINITION › Section 144-200-1-1 - TITLE, INTENT, SCOPE

Current through 2024-29, July 17, 2024
1-101 Title
1-101.10 Food Code:
These provisions shall be
					 known as the Food Code, hereinafter referred to as "this Code."
1-102 Intent
1-102.10 Food Safety, Illness Prevention, and Honest
					 Presentation.
The purpose of this Code is to safeguard public health and
					 provide to consumers Food that is safe, unadulterated, and honestly
					 presented.
1-103 Scope
1-103.10 Statement:
This Code establishes
					 definitions; sets standards for management and personnel, Food operations, and
					 Equipment and facilities; and provides for Food or Eating Establishment plan
					 review, Permit issuance, inspection, Employee restriction, and Permit
					 suspension.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 1 - PURPOSE AND DEFINITION › Section 144-200-1-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1-201 Applicability and Terms Defined
1-201.10 Statement of Application and Listing of
					 Terms.
(A) The following
				  definitions apply in the interpretation and application of this Code.
(B) Terms Defined. As used in this Code, each
				  of the terms listed in Section 1-201.10(B) shall have the meaning stated below.
(1)
Accredited program.
(a)
"Accredited program"
means
				  a food protection manager certification program that has been evaluated and
				  listed by an accrediting agency as conforming to national standards for
				  organizations that certify individuals.
(b)
"Accredited program"
refers
				  to the certification process and is a designation based upon an independent
				  evaluation of factors such as the sponsor's mission; organizational structure;
				  staff resources; revenue sources; policies; public information regarding
				  program scope, eligibility requirements, re-certification, discipline and
				  grievance procedures; and test development and administration.
(c)
"Accredited program"
does
				  not refer to training functions or educational programs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 2 - MANAGEMENT AND PERSONNEL › Section 144-200-2-2 - EMPLOYEE HEALTH

Current through 2024-29, July 17, 2024
2-201 Responsibilities and Reporting Symptoms and
					 Diagnosis
2-201.11 Responsibility of Permit Holder, Person in
					 Charge, Food Employees, and Conditional Employees*
(A)The Permit Holder shall require Food
				  Employees and Conditional Employees to report to the Person in Charge
				  information about their health and activities, as they relate to diseases that
				  are transmissible through Food. A Food Employee or Conditional Employee shall
				  report the information in a manner that allows the Person in Charge to reduces
				  the risk of foodborne disease transmission, including providing necessary
				  additional information, such as the date of onset of symptoms and an illness,
				  or of a diagnosis without symptoms, if the Food Employee or Conditional
				  Employee:
(1)Has any of the following
				  symptoms:
(a) Vomiting,
(b) Diarrhea,
(c) Jaundice,
(d) Sore throat with fever,
(e) A lesion containing pus, such as a boil
				  or infected wound that is open or draining and is:
(i)
On the hands or wrists, unless an impermeable cover such as
					 a finger cot or stall protects the lesion and a Single-Use glove is worn over
					 the impermeable cover,
(ii)On exposed portions of the arms, unless
				  the lesion is protected by an impermeable cover, or
(iii) On other parts of the body, unless the
				  lesion is covered by a dry, durable, tight-fitting bandage;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 2 - MANAGEMENT AND PERSONNEL › Section 144-200-2-3 - PERSONAL CLEANLINESS

Current through 2024-29, July 17, 2024
2-301.11
Clean Condition.*
Food Employees shall keep their hands and exposed portions
					 of their arms clean.
2-301.12
Cleaning Procedure.*
(A) Except as specified in ¶ (D)of this
				  section, Food Employees shall clean their hands and exposed portions of their
				  arms, including surrogate prosthetic devices for hands or arms, for at least 20
				  seconds, using a cleaning compound in a handwashing sink that is equipped as
				  specified under¶ 5-202.12 and Subpart 6-301.
(B) Food Employees shall use the following
				  cleaning procedure in the order stated to clean their hands and exposed
				  portions of their arms, including surrogate prosthetic devices for hands and
				  arms:
(1) Rinse under clean, running warm
				  water;
(2) Apply an amount of
				  cleaning compound recommended by the cleaning compound manufacturer;
(3) Rub together vigorously for at least 20
				  seconds while:
(a) Paying particular attention
				  to removing soil from underneath the fingernails during the cleaning procedure,
				  and
(b) Creating friction on the
				  surfaces of the hands and arms or surrogate prosthetic devices for hands and
				  arms, finger tips, and areas between the fingers;
(4) Thoroughly rinse under clean, running
				  warm water; and
(5) Immediately
				  follow the cleaning procedure with thorough drying using a method as specified
				  under § 6-301.12.
(C) To avoid recontaminating their hands or
				  surrogate prosthetic devices, Food Employees may use disposable paper towels or
				  similar clean barriers when touching surfaces such as manually operated faucet
				  handles on a Handwashing Sink or the handle of a restroom door.
(D) If Approved and capable of removing the
				  types of soils encountered in the Food operations involved, an automatic
				  handwashing facility may be used by Food Employees to clean their hands or
				  surrogate prosthetic devices.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 2 - MANAGEMENT AND PERSONNEL › Section 144-200-2-4 - HYGIENIC PRACTICES

Current through 2024-29, July 17, 2024
2-401 Food Contamination Prevention
2-401.11 Eating, Drinking, or Using Tobacco.*
(A) Except as specified in
				  ¶ (B) of this section, Employee shall only eat, drink, or use any form of
				  tobacco in designated areas protected from the contamination of exposed Food;
				  clean Equipment, Utensils, and Linens; unwrapped Single-Service and Single-Use
				  Articles; or other items with potential for food contamination.
(B)Food Employee may only drink from a closed
				  Beverage container if the container is handled in such a manner as to prevent
				  contamination of:
(1) The Employee's
				  hands;
(2) The container;
				  and
(3) Exposed Food; clean
				  Equipment, Utensils, and Linens; and unwrapped Single-Service and Single-Use
				  Articles.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 2 - MANAGEMENT AND PERSONNEL › Section 144-200-2-5 - RESPONDING TO CONTAMINATION EVENTS

Current through 2024-29, July 17, 2024
2-501 Procedures for Responding
2-501.11 Clean-up of Vomiting and Diarrheal Events.
A Food or Eating Establishment shall have procedures for
					 Employees to follow when responding to vomiting or diarrheal events that
					 involve the discharge of vomitus or fecal matter onto surfaces in the Food or
					 Eating Establishment. The procedures shall address the specific actions
					 Employees, must take to minimize the spread of contamination and the exposure
					 of Employees, consumers, Food, and surfaces to vomitus or fecal
					 matter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-1 - CHARACTERISTICS

Current through 2024-29, July 17, 2024
3-101 Condition
3-101.11 Safe, Unadulterated, and Honestly
					 Presented.*
Food shall be safe, unadulterated, and, as specified under
					 § 3-601.1 2, honestly presented.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-2 - SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND RECORDS

Current through 2024-29, July 17, 2024
3-201 Sources
3-201.11 Compliance with Food Law.*
(A)Food shall be obtained from sources that
				  comply with Law.
(B)Food prepared
				  in a private home may not be used or offered for human consumption in a Food or
				  Eating Establishment, unless such establishment is a Bed and Breakfast licensed
				  by the Maine Department of Health and Human Services or a home business
				  licensed by the Maine Department of Agriculture, Conservation and Forestry,
				  unless specifically exempted by Law.
(C)Packaged Food shall be labeled as
				  specified in Law, including 21 CFR 101 (Food Labeling) (2012 edition), 9 CFR
				  317 (Labeling, Marking Devices, and Containers)(2012 ed.), 9 CFR 381, Subpart N
				  (Labeling and Containers)(2012 ed.); 22 M.R.S. §2157(Amended 2011), and as
				  specified under §§3-202.17 and 3-202.18 of this Code.
(D) Fish, other than those specified in
				  paragraph 3-402.11(B), that are intended for consumption in their raw form and
				  allowed as specified in Subparagraph 3-401.11(D), may be offered for sale or
				  service if they are obtained from a supplier that freezes the Fish as specified
				  under §3-402.11; or frozen on the Premises as specified under
				  §3-402.11 and records are retained as specified under
				  §3-402.12.
(E)Whole-Muscle,
				  Intact Beef steaks that are intended for consumption in an under cooked form
				  without a Consumer advisory as specified in ¶ 3-401.11(C) shall be:
(1) Obtained from a Food Processing
				  Plantthat, upon request by the purchaser, packages the steaks and labels them,
				  to indicate that they meet the definition of Whole-Muscle, Intact Beef;
				  or
(2)Deemed acceptable by the
				  Regulatory Authority based on other evidence, such as written buyer
				  specifications or invoices, that indicates that the steaks meet the definition
				  of Whole-Muscle, Intact Beef, and
(3)If individually cut in a Food or Eating
				  Establishment:
(a) Cut from Whole-Muscle
				  Intact Beef that is labeled by a Food Processing Plant, as specified in
				  Subparagraph (E)(1) of this section, or identified as specified in Subparagraph
				  (E)(2) of this section,
(b)
				  Prepared so they remain intact, and
(c) If Packaged for undercooking in a Food or
				  Eating Establishment, labeled as specified in Subparagraph (E)(1) of this
				  section or identified as specified in (E)(2) of this section.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-3 - PROTECTION FROM CONTAMINATION AFTER RECEIVING

Current through 2024-29, July 17, 2024
3-301 Preventing Contamination by Employees
3-301.11 Preventing Contamination from
					 Hands.*
(A)Food Employees shall
				  wash their hands as specified under §2-301.12.
(B) Except when washing fruits and vegetables
				  as specified under §3-302.15 or as specified in¶ (D) and (E) of this
				  section,Food Employees may notcontact exposed, Ready-to-Eat Food with their
				  bare hands and shall use suitable Utensils, such as deli tissue, spatulas,
				  tongs, Single-Use gloves, or dispensing Equipment.
(C)Food Employees shall minimize bare hand
				  and arm contact with exposed Food that is not in a Ready-to-Eat form.
(D)¶ (B) of this section does not apply
				  to a Food Employee that contacts exposed, Ready-to-Eat Food with his or her
				  bare hands at the time the Ready-to-Eat Food is being added as an ingredient to
				  a Food that:
(1)Contains a raw animal Food
				  and is to be cooked in the Food or Eating Establishment to heat all parts of
				  Food to the minimum temperatures specified in ¶¶ 3-401.11 (A)-(B) or
				  §3-401.12; or
(2)Does not
				  contain a raw animal Food but is to be cooked in the Food or Eating
				  Establishment to heat all parts of the Food to a temperature of at least
				  74ºC (165ºF).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-4 - DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN

Current through 2024-29, July 17, 2024
3-401Cooking
3-401.11 Raw Animal Foods.*
(A)Except as specified under ¶ (B) and
				  in ¶¶ (C) and (D) of this section, raw animal Foods such as Eggs,
				  Fish, Meat, Poultry, and Foods containing these raw animal Foods, shall be
				  cooked to heat all parts of the Food to a temperature and for a time that
				  complies with one of the following methods based on the Food that is being
				  cooked:
(1) 63ºC (145ºF) or above
				  for 15 seconds for:
(a) Raw Eggs that are
				  broken and prepared in response to a Consumer's order and for immediate
				  service, and
(b) Except as
				  specified under Subparagraphs (A)(2) and (3) and ¶ (B) and in ¶ (C)
				  of this section, Fish, Meat, and pork including Game Animals commercially
				  raised for Food, as specified under Subparagraph 3-201.17(A)(1), and Game
				  Animals under a voluntary inspection program, as specified under Subparagraph
				  3-201.17(A)(2);
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-6 - FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING

Current through 2024-29, July 17, 2024
3-601
Accurate Representation
3-601.11
Standards of Identity.
Packaged Food shall comply with standard of identity
					 requirements in 21 CFR 131-169 and 9 CFR 319 (Definitions and Standards of
					 Identity or Composition)(2012 ed.), and the general requirements in 21 CFR 130
					 (Food Standards: General)(2012 ed.) and 9 CFR 319 (Subpart A - General)(2012
					 ed.).
3-601.12
Honestly Presented.
(A) Food shall be
				  offered for human consumption in a way that does not mislead or misinform the
				  Consumer.
(B) Food or Color
				  Additives, colored overwraps, or lights may not be used to misrepresent the
				  true appearance, color, or quality of a Food.
(C) No food containing surimi or surimi
				  product may be served for consumption on or off premises, unless on the menu
				  and all notices advertising the Food it is clearly and conspicuously labeled as
				  "imitation lobster", imitation crab", "imitation" followed by the name of the
				  seafood imitated , "processed seafood", "surimi", "lobster-processed seafood
				  salad", "crab-processed seafood salad" or other terms as approved by the Maine
				  Department of Marine Resources.
(D)
				  A Food is deemed to be misbranded if a Food or Eating Establishment sells,
				  offers for sale or servesin any Food or Eating Establishment any Food or Food
				  Product, whether or not in packaged form, to which that person has added
				  monosodium glutamate, unless:
(1) The package
				  in which that Food or Food Product is offered for sale conspicuously bears a
				  label or stamp indicating that the Food or Food Product contains monosodium
				  glutamate;
(2) When the Food or
				  Food Product is offered for consumption and is not packaged, a conspicuous
				  label or sign is place on the Food, immediately next to the Food, immediately
				  next to the Food's listing on the menu, or in an open manner where the Food
				  order or Food Product is obtained, indicating that the Food or Food Product
				  contains monosodium glutamate; or
(3) There is a conspicuously displayed
				  directory to which consumers can refer for information on the contents of
				  unpackaged products for sale.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-7 - CONTAMINATED FOOD

Current through 2024-29, July 17, 2024
3-701 Disposition
3-701.11 Discarding or Reconditioning Unsafe,
					 Adulterated, or Contaminated Food. *
(A) A Food that is unsafe, Adulterated, or
				  not honestly presented as specified under §3-101.11 shall be reconditioned
				  according to an Approved procedure.
(B)Food that is not from an Approved source
				  as specified under §§3-201.11 through 3-201.17 shall be
				  discarded.
(C)Ready-to-Eat Food
				  that may have been contaminated by an Employee who has been restricted or
				  excluded as specified under §2-201.12 shall be discarded.
(D)Food that is contaminated by Food
				  Employees, Consumers, or other Persons through contact with their hands, bodily
				  discharges, such as nasal or oral discharges, or other means shall be
				  discarded.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-8 - SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS

Current through 2024-29, July 17, 2024
3-801 Additional Safeguards
3-801.11 Pasteurized Foods, Prohibited Reservice,
					 and Prohibited Food.*
In a Food or Eating Establishment that serves a Highly
					 Susceptible Population:
(A) The
				  following criteria apply to Juice:
(1) For the
				  purposes of this paragraph only, children who are age 9 or less and receive
				  Food in a school, day care setting, or similar facility that provides custodial
				  care, are included as Highly Susceptible Populations;
(2) PrePackaged Juice or a prepackaged
				  Beverage containing Juice, that bears a warning label as specified in
				  21 CFR,
				  101.17(g) (Food labeling,
				  warning, notice, and safe handling statements) (2012 ed.), Juices that have not
				  been specifically processed to prevent, reduce, or eliminate the presence of
				  pathogens, or a Packaged Juice or Beverage containing Juice, that bears a
				  warning label as specified under ¶ 3-401.11(A)(1) may not be served or
				  offered for sale; and
(3)
				  UnPackaged Juice that is prepared on the premises for service or sale in a
				  Ready-to-Eat form shall be processed under a HACCP Plan that contains the
				  information specified under ¶¶ 8-201.14(B) - (E) and as specified in
				  21 CFR Part 120 (Hazard Analysis and Critical Control Point (HACCP) Systems),
				  Subpart B (Pathogen Reduction), 120.24 (Process controls)(2012 ed.).