Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS › Chapter 1 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms used in these regulations shall have the
				  following meanings:
1. BEREAVEMENT
				SERVICES: Means emotional support services related to the death of a family
				member, including, but not limited to, counseling provision of written
				material, social reorientation and group support for up to one year following
				the death of the client who was terminally ill. Bereavement services must be
				consistent with the bereavement care plan.
2. CARE PLAN: Means a written service
				delivery plan that the interdisciplinary team, in conjunction with the client,
				shall develop to reflect the changing care needs of the client. A care plan
				must specify what hospice services are needed and how they will be
				delivered.
3. CLIENT: Means the
				person who is receiving the hospice services.
4. COMMISSIONER: Means the Commissioner of
				the Department of Human Services.
5. COUNCIL: Means the Maine Hospice Council
				established by M.R.S.A. 22, Chapter 1680, Section 861 1.
6. DEEMING: A Medicare certified hospice is
				deemed to meet licensure requirements for a hospice program if it attests in
				writing that it met all State licensing requirements.
7. DEPARTMENT: Means the Maine Department of
				Human Services.
8. DIRECT SERVICE
				PROVIDER: Means an employee or volunteer who provides hospices services
				directly to a client.
9. DURABLE
				HEALTH CARE POWER OF ATTORNEY: Has the same meaning as contained in Chapter 44,
				Public Law, Section 1, 18-A, Part 7, Sections 5-701, 702 and 707.
10. FAMILY: Means a spouse, primary
				caregiver, biological relative(s) and/or individual(s) with close personal ties
				to the patient.
11. FTE: Means full
				time equivalent position. In order to calculate the number of full time
				equivalent employees, a standard of at least 37 1/2 hours per week will be
				utilized. AD full and part-time employees of the Hospice Provider, including
				administrative, business, clerical and direct service providers will be
				included in the calculation of an agency's full-time equivalency
				figure.
12. GOVERNING BODY: Means
				the entity that establishes policy and is legally responsible for the overall
				operation of a hospice program.
13.
				HOSPICE PHILOSOPHY: Means a philosophy of palliative care for individuals and
				families during the process of dying and bereavement. Hospice philosophy' is
				life affirming and strengthens the client's role in making informed decisions
				about care. "Hospice philosophy" stresses the delivery of services in the least
				restrictive setting possible and with the least amount of technology necessary
				by volunteers and professionals who are trained to help clients with the
				physical, social, psychological, spiritual and emotional needs related to
				terminal illness.
14. HOSPICE
				PROGRAM OR HOSPICE PROVIDER: Means a distinct, clearly recognizable entity that
				exists to provide hospice services. Also known as the "Licensee".
15. HOSPICE SERVICES: Means a range of
				interdisciplinary services provided 24 hours a day, 7 days a week to a person
				who is terminally ill and that person's family. Hospice services must be
				delivered in accordance with hospice philosophy.
16. INPATIENT HOSPICE: Means a hospice must
				be engaged in providing care and services in accordance with Medicare
				Certification as a hospice.
17.
				INTERDISCIPLINARY TEAM: For a hospice providing comprehensive services,
				"interdisciplinary team" means a group comprised of at least a medical
				director, a licensed nurse, a licensed social worker, a pastoral or other
				counselor and a volunteer coordinator or representative. For a volunteer
				hospice program, "interdisciplinary team" means a regularly scheduled case
				conference as defined by program policy. The client, and the client's family if
				the client desires, must be given the opportunity and encouragement to attend
				interdisciplinary team meetings.
18. LICENSING AUTHORITY: Means the Division
				of Licensing and Certification.
19.
				MEDICAL DIRECTOR: Means a licensed physician who oversees the medical
				components of hospice services and serves on the team
20. NURSE SUPERVISOR: Means a licensed
				professional registered nurse with at least one (1) year experience and
				training in hospice nursing care who is designated by the program director to
				oversee nursing services for the hospice program.
21. PRIMARY PHYSICIAN: Means the physician
				identified by the client, or by the person authorized to make decisions for the
				client, pursuant to a durable health care power of attorney.
22. PROGRAM DIRECTOR: Means the person
				designated by the governing body of a hospice program as responsible for the
				day-to-day operations of the program.
23. STATEMENT OF DEFICIENCIES: Means a
				listing of regulatory violations.
24. TERMINALLY ILL: Means that a person has a
				limited life expectancy in the opinion of the person's primary physician or the
				medical director.
25. VOLUNTEER:
				Means a trained individual who works for a hospice program without
				compensation.
26. VOLUNTEER HOSPICE
				PROGRAM: Means a hospice program that provides all direct patient care at no
				charge.