Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 112 - REGULATIONS FOR THE LICENSING OF HOSPITALS › Section 144-112-2 - LICENSING AND ENFORCEMENT

Current through 2024-29, July 17, 2024
2.1
Responsibility for compliance.
The applicant and licensee must comply
				with these rules.
2.2
Unlicensed facilities.
No person, firm, partnership, association,
				corporation, or other entity, nor any state, county or local governmental units
				shall establish, operate, conduct and maintain in the State any hospital for
				the hospitalization and nursing care of human beings without a license issued
				by the department. Unless otherwise specified, the term hospital includes any
				type of hospital, including but not limited to general, critical access,
				psychiatric or other specialty hospital.
2.3
License not transferable.
No license may be assigned or transferred.
2.4
License posted.
The license
				must be conspicuously posted in the facility where it may be seen by the
				public.
2.5
Application for
				initial license and renewal.
2.5.1
Application.
Either prior to the commencement of operation as a
				hospital, or thirty (30) days prior to the expiration of the existing license,
				the applicant or licensee must file an application for a license on forms
				provided by the department. An application on behalf of a corporation or
				association must be made by any two officers or by its managing agent.
				Applicants and licensees must demonstrate satisfactory evidence of compliance
				with all laws and rules of the State of Maine.
2.5.2
Building lease.
The lease
				for any building or buildings not owned by the applicant or licensee that are
				used in connection with the provision of patient services on an inpatient or
				outpatient basis must show clearly in its context which party to the agreement
				is responsible for the maintenance and upkeep of the property. The department
				shall be notified at least 72 hours in advance of any changes in the lease that
				may impact responsibilities for maintenance and upkeep, and compliance with
				these rules.
2.5.3
Building
				plans.
A set of plans and specifications for each building used in the
				provision of patient care services, drawn to scale, must be provided to the
				department. These plans must identify the source of utilities and method of
				waste disposal. Plans and specifications drawn to scale for proposed changes in
				the facility, its physical environment or its utilities that materially affect
				patient care must be approved by the department prior to implementation of
				proposed changes. Submission of plans and specifications are not required for
				routine maintenance and repair of the facility.
2.5.4
Beds.
The applicant or
				licensee must identify the number of beds defined for each of the services
				rendered.
2.5.5
Fire safety
				inspection.
Prior to the issuance of a license, and annually thereafter,
				the department must receive a written statement, signed by the Commissioner of
				Public Safety or the proper municipal official designated to make fire safety
				inspections, that the premises comply with fire safety provisions pursuant to
				 22 M.R.S.A.
				§1816.
2.5.6
New services.
In order
				for a license to extend to a new service or other applicable project subject to
				the Certificate of Need process outlined in 22 M.R.S.A. Chapter 103-A, and any
				applicable rules promulgated thereunder, the applicant or licensee must request
				a ruling from the Certificate of Need Unit, Division of Licensing and
				Regulatory Services.
2.5.7
Plumbing, water supply and sewage disposal.
The applicant or licensee
				must provide evidence that the facility complies with all applicable State laws
				and rules relating to plumbing, water supply and sewage disposal.
2.5.8
Fee.
Licensing fees are
				nonrefundable.
2.5.8.1 The fee for an initial
				license is $40 for each bed.
2.5.8.2 The fee for a 2-year renewal license
				is $80 for each bed.
2.5.8.3 The
				fee for a temporary license is $15.00.
2.5.8.4 The department may assess a fee for
				plan review at an hourly rate not to exceed $50 an hour.
2.5.9
Local laws and codes.
The
				applicant or licensee must provide evidence from the appropriate municipal
				official indicating compliance with all local laws or codes relative to the
				type of facility for which the license is requested. This requirement is
				necessary upon initial licensure and whenever a change occurs.
2.5.10
Accreditation reports.
A
				copy of the latest survey by an accrediting body must be on file with the
				department, if the hospital is accredited.