reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-4 - Enforcement Procedures

Current through 2024-29, July 17, 2024
4.1
Inspections required
. The provider shall submit to regular and
				  unannounced inspection surveys and complaint investigations in order to receive
				  and/or maintain a license. The provider shall give access to all records
				  required by these regulations. The department has the right to interview
				  residents and employees in private.
[Class I]
4.2
Frequency and type of
				  inspections
. An inspection may occur:
4.2.1 Prior to the issuance of a
				  license;
4.2.2 Prior to renewal of
				  a license;
4.2.3 Upon complaint
				  that there has been an alleged violation of licensing regulations;
4.2.4 When there has been a change or
				  proposed change in administrator, physical plant or services;
4.2.5 When necessary to determine compliance
				  with a Directed Plan of Correction, conditions placed on a license or that
				  cited deficiencies have been corrected;
4.2.6 For routine monitoring of resident
				  care; or
4.2.7 Any time the
				  department has probable cause to believe that an assisted housing program has
				  violated a provision of these regulations or is operating without a
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-5 - Resident Rights

Current through 2024-29, July 17, 2024
5.1
Resident
				  rights
. The assisted housing program shall promote and encourage
				  residents to exercise their rights, to age in place and make informed choices.
[Class IV]
5.2
Freedom of choice of provider.
For services and supplies not
				  provided by the licensee each resident has the right to select the provider of
				  his/her choice.
[Class IV]
5.3
Rights regarding transfer and
				  discharge
. Each resident has the right to continued residence whenever a
				  valid contract for services is in force. The facility must show documented
				  evidence of strategies used to prevent involuntary transfers or discharges. A
				  resident shall not be transferred or discharged involuntarily, except for the
				  following reasons:
5.3.1 When there is
				  documented evidence that a resident has violated the admission contract
				  obligations, despite reasonable attempts at problem resolution;
[Class
				  IV]
5.3.2 A resident's
				  continued tenancy constitutes a direct threat to the health or safety of
				  others;
[Class IV]
5.3.3 A resident's intentional behavior has
				  resulted in substantial physical damage to the property of the assisted housing
				  program or others residing in or working there;
[Class
				  IV]
5.3.4 A resident has
				  not paid for his/her residential services in accordance with the contract
				  between the assisted housing program and the resident;
[Class
				  IV]
5.3.5 When there is
				  documented evidence that the facility cannot meet the needs of the resident as
				  the program is fundamentally designed;
[Class IV]
or
5.3.6 The license has been revoked, not
				  renewed, or voluntarily surrendered.
[Class IV]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-6 - Alzheimer's/Dementia Unit Standards

Current through 2024-29, July 17, 2024
6.1
Alzheimers'/Dementia Care Units
. A facility or unit may be designated as
				  an Alzheimers'/Dementia Care Unit if the following regulations are met and the
				  facility has received written designation from the Department.
6.2
Admission requirements .
6.2.1 At the time of admission to an
				  Alzheimer's/Dementia unit, the resident's individual record must contain:
6.2.1.1 Documentation of the legal
				  representative's authority for placement, including but not limited to, the
				  order, instrument or other documentation upon which the legal representative or
				  facility relies upon for authority, the name, address and telephone number of
				  the individual(s) consenting to placement, and all other documentation required
				  by State and Federal law for valid authority.
6.2.1.2 Documentation of a physician's
				  diagnosis of Alzheimer's disease or dementia within 30 days of admission to the
				  unit.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-7 - Medications and Treatments

Current through 2024-29, July 17, 2024
7.1
Use of
				  safe and acceptable procedures
. The administrator shall ensure that all
				  persons administering medications and treatments (except residents who
				  self-administer) use safe and acceptable methods and procedures for ordering,
				  receiving, storing, administering, documentation, packaging, discontinuing,
				  returning for credit and/or destroying of medications and biologicals. All
				  employees must practice proper hand washing and aseptic techniques. A
				  hand-washing sink shall be available for staff administering medications.
[Classes I/II/III]
7.1.1
				  Residents shall receive only the medications ordered by his/her duly authorized
				  licensed practitioner in the correct dose, at the correct time, and by the
				  correct route of administration consistent with pharmaceutical standards.
[Classes I/II/III]
7.1.2 No injectable medications may be
				  administered by an unlicensed person, with the exception of bee sting kits and
				  insulin.
7.1.3 Before using a bee
				  sting kit, unlicensed persons must be trained by a registered professional
				  nurse in regard to safe and proper use. Documentation of training shall be
				  included in the employee record.
7.1.4 If a resident has Diabetes, unlicensed
				  persons must be trained by a registered professional nurse in regard to the
				  management of persons with diabetics. The registered professional nurse must
				  provide in-service training and documentation to include: Documentation of
				  training shall be included in the employee record.
[Class III]
7.1.4.1 Dietary requirements;
7.1.4.2 Anti-Diabetic Oral Medications -
				  inclusive of adverse reactions and interventions, hyper and hypo glycemic
				  reactions;
7.1.4.3 Insulin mixing
				  including insulin action;
7.1.4.4
				  Insulin storage;
7.1.4.5 Injection
				  techniques and site rotation including signs/symptoms;
7.1.4.6 Treatment and prevention of insulin
				  reaction;
7.1.4.7 Foot
				  care;
7.1.4.8 Lab testing, urine
				  testing and blood glucose monitoring; and
7.1.4.9 Standard Precautions.
7.1.5 Urine testing shall not be
				  done around medication or areas where food is stored or prepared. Proper
				  Standard Precautions relative to body fluids shall be implemented. Toilets
				  shall be used for the disposal of urine and test sample waste. Toxic urine
				  testing chemicals (tablets, solutions) shall be stored in a locked area totally
				  apart from oral medications.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-8 - Verification of Credentials

Current through 2024-29, July 17, 2024
8.1
Licensed
				  Staff.
Prior to employing licensed staff, the facility must verify that
				  the licensed person has a valid and current license.
8.2
Employing CNA's and CNA-M's.
Prior to employing a CNA or CNA-M (in the capacity of a CNA or CNA-M),
				  the facility must contact the CNA Registry and determine that the CNA or CNA-M
				  is on the Registry and has not been annotated. If the CNA or CNA-M is not on
				  the Registry, or if the CNA or CNA-M has been annotated for abuse, neglect or
				  misappropriation of patient/client/resident funds in a health care setting, or
				  if the CNA or CNA-M has been the subject of a substantiated complaint involving
				  abuse, neglect or misappropriation of patient/client/resident funds in a health
				  care setting by the Department, the individual cannot be employed to function
				  as a CNA or CNA-M.
8.3
Prohibited Employment.
The facility may not hire as unlicensed assistive
				  personnel as defined in section 2.57 an individual who is prohibited from
				  employment as a certified nursing assistant as outlined below and in section
				  8.4:
8.3.1 An individual may not be employed
				  in a hospital, nursing facility, home health agency or assisted housing program
				  as a certified nursing assistant if that individual has been convicted in a
				  court of law of a crime involving abuse, neglect or misappropriation of
				  property in a health care setting; and
8.3.2 An individual may not be employed in a
				  hospital, nursing facility, home health agency or assisted housing program as a
				  certified nursing assistant if that individual:
8.3.2.1 Has been the subject of a complaint
				  involving abuse or neglect that was substantiated by the department pursuant to
				  its responsibility to license hospitals, nursing facilities, home health
				  agencies and assisted housing programs and that was entered on the Maine
				  Registry of Certified Nursing Assistants; or
8.3.2.2 Has been the subject of a complaint
				  involving the misappropriation of property in a health care setting that was
				  substantiated by the department and entered 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 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-9 - Scope of Licenses

Current through 2024-29, July 17, 2024
9.1
Licensing of facilities with three (3) to six (6) residents
. A license
				  is required for more than two residents. A Level II license may be issued to a
				  residential care facility with 3-6 beds if the provider has fewer than three
				  (3) employees who are not owners nor related to the owner, as long as the
				  requirements of these rules are met.
9.2
Exemptions for licensed children's
				  homes
. The Department may exempt a licensed children's home from
				  requiring a Level II license once a resident reaches the age of eighteen (18)
				  if the resident has not completed his/her prescribed program of treatment, care
				  or education, or discharge from the facility will occur within nine (9) months
				  of the date the resident turned eighteen (18). If the facility's purpose is to
				  treat or care for children, and the above requirements are met, the Department
				  may grant a written exemption from licensure in order for the adult resident's
				  income to be supplemented.
9.3
Dual licensure
. No facility shall be granted a Level II license,
				  and any previously granted Level II license may be subject to revocation, if
				  another license or approval is in effect or granted, unless the Department has
				  determined that dual licensure will not have an adverse impact on the
				  residents.
9.4
Maximum
				  number of adult residents
. The maximum number of beds for which a
				  facility may be licensed will be determined by the Department, according to the
				  regulations set forth herein. Respite care may only be provided in licensed
				  beds.
9.5
Physical plant
				  changes.
No alterations in the size or arrangement of the physical
				  plant, location or number of resident rooms or beds, change in the heating
				  system, water supply system, sewage disposal system, utilities or similar
				  systems shall be made without the prior written approval of the Department in
				  accordance with these regulations.
9.6
Residents under the age of
				  18
. A person who is seventeen (17) years of age may be a resident of a
				  Level II facility without the home being required to be licensed as a
				  children's home, if the Department determines in writing prior to placement
				  that such a placement is in the best interest of that person. The general
				  physical and mental health of all residents of the facility shall be considered
				  in this decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-10 - Provider and Staff Qualifications and Responsibilities

Current through 2024-29, July 17, 2024
10.1
Provider's age
. The
				  provider shall be at least twenty-one (21) years of age.
[Class
				  III]
10.2
Education, experience and training
. The provider shall submit
				  satisfactory evidence regarding education, experience and training to meet the
				  needs of the residents to be served.
10.3
Qualifications of the
				  provider
. The provider must demonstrate to the Department's satisfaction
				  the capacity to operate and manage the facility with regard for the best
				  interests of residents and consistent compliance with these regulations and all
				  relevant laws. In making this determination, the Department may consider:
10.3.1 Records of professional licensing
				  boards or registers, any criminal record, child protective record or adult
				  protective record relating to the provider.
10.3.2 Understanding of and compliance with
				  resident rights.
10.3.3 Any
				  information reasonably related to the ability to provide safe and compassionate
				  services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-11 - Health Care and Access to Services

Current through 2024-29, July 17, 2024
11.1
Medical and health care
. The provider shall coordinate
				  appropriate health care services and assist residents to access them. Each
				  resident shall have access to a duly authorized licensed practitioner of
				  his/her choice. Each resident shall have an annual physical, unless otherwise
				  specified by his/her duly authorized licensed practitioner.
[Class
				  II]
11.2
Transportation
. The facility shall provide or arrange transportation to
				  medical and other appointments.
11.3
First aid kit
. A first aid
				  kit containing supplies for treatment of minor injuries, such as cuts, scrapes
				  or first-degree burns, shall be available in the facility. All staff shall be
				  instructed in the use of any item in the kit.
11.4
Nursing services.
Nursing
				  services are to be provided by professional nurses pursuant to Title 32
				  M.R.S.A. §2102, subsection 2. This includes coordination and oversight of
				  assisted living services by unlicensed assistive personnel.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-12 - Management of Resident Personal Accounts

Current through 2024-29, July 17, 2024
12.1
Written permission.
The licensee or his/her representative may
				  only manage personal accounts for a resident if requested to do so, in writing,
				  by the resident or the resident's legal representative.
12.2
Documentation.
The
				  provider must maintain and document an accounting of the funds, with supporting
				  documentation for each expenditure that exceeds $2.00.
Under no circumstances shall the personal funds of any
					 resident, beyond what the provider receives for monthly payments, be used for
					 the operating costs of the facility or the personal expenses of the provider or
					 his/her representative.
12.3
Commingling.
Residents'
				  personal funds shall not be commingled with the business funds of the facility
				  or with the personal funds or accounts of the owner, any member of the owner's
				  family or any employee of the facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-13 - Resident and Other Records

Current through 2024-29, July 17, 2024
13.1
Summary
				  sheets
. There shall be a summary sheet maintained for each resident that
				  includes applicable information, including the resident's name, birth date,
				  date of admission, duly authorized licensed practitioner's name, address and
				  telephone number, nearest relative or friend's name, address and telephone
				  number, person to be notified in an emergency, their name, address and
				  telephone number, day program name, telephone number, address and contact
				  person, date of discharge or death and significant medical/social
				  issues.
13.2
Resident
				  records
. There shall be a record maintained for each resident that
				  contains applicable information on physical and mental condition, behavior,
				  mood, eating habits, incidents or accidents, documented proof of guardianship,
				  conservatorship, representative payee, power of attorney or other legal
				  representative, and the dates of medical examinations, other medical and dental
				  treatment and drugs prescribed.
13.3
Discharge summary
.
				  Discharge summaries must be completed in conjunction with the resident and/or
				  guardian. Documentation shall include, but not be limited to the following:
13.3.1 Reason for discharge; and
13.3.2 Targeted living arrangement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-14 - Safety Standards

Current through 2024-29, July 17, 2024
14.1
Fire
				  safety plans
. Each facility must have a fire safety plan. The fire
				  safety plan and any changes in the plan are to be developed in conjunction with
				  and approved by, local or state fire authorities.
[Class
				  III]
14.2
Elements
				  of a f ire safety plan
. In addition to any requirements of local or
				  state fire authorities, the plan shall note steps to be taken, location of
				  emergency exits, evacuation procedures and the telephone numbers of police,
				  fire, ambulance and duly authorized licensed practitioners or other individuals
				  to contact in an emergency. The fire safety plan shall be posted conspicuously
				  in the facility.
14.3
Drills
				  or rehearsals
.
14.3.1 Timed drills, as
				  described in the applicable chapters of the NFPA Life Safety Code, must be used
				  in facilities with 3 or more beds to determine a facility's capability to
				  evacuate its residents, unless the facility has elected to complete evacuation
				  scores in lieu of timed drills in accordance with the standards described in
				  the NFPA Life Safety Code 101A or when timed drills are not required pursuant
				  to the Life Safety Code. When a new resident has participated in a timed drill
				  in another residential care facility within the previous 2 months, the results
				  of that drill may be used to determine evacuation capability in the resident's
				  current facility for a period of up to 4 months.
[Class
				  II]
14.3.2 Facilities with
				  3 or more beds shall conduct drills or rehearsals of the emergency steps to be
				  taken at irregular times of the day, at least 6 (six) times per year spaced
				  throughout the year. Two of the six drills must be conducted while residents
				  are asleep.
[Class II]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-15 - Nutrition and Health

Current through 2024-29, July 17, 2024
15.1
Quality
				  and quantity of food
. The facility must offer each resident a
				  nourishing, well-balanced diet that meets the daily nutritional and special
				  dietary needs of each resident and that meets the Recommended Dietary
				  Allowances of the Food and Nutrition Board of the National Research Council,
				  National Academy of Sciences.
15.2
Resident participation in meal planning and preparation
.
				  Residents shall be encouraged to participate in food planning and preparation,
				  as appropriate.
15.3
Second-grade products
. Second-grade products such as unlabeled canned
				  goods, home canned goods, improperly sealed or unsealed containers or packages,
				  outdated food and similar foods shall not be used.
(Class
				  III)
15.4
Food
				  supplies
. Supplies of perishable foods for a forty-eight (48) hour
				  period and supplies of non-perishable foods for a three (3) day period shall be
				  on hand to meet the requirements of the planned menus.
15.5
Residents with communicable
				  diseases
. No resident with a communicable disease shall be admitted if
				  that resident's condition or behavior endangers the health and welfare of other
				  residents and no accommodation can be made to protect other residents. If an
				  accommodation such as Standard Precautions reduces or eliminates the risk of
				  exposure, then accommodations shall be made.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Section 144-113-II-17 - Sanitation and Safety

Current through 2024-29, July 17, 2024
17.1
Maintenance
. The facility must be kept clean and shall be maintained in
				  a condition ensuring the health and safety of residents. All refuse collected
				  in common areas or from resident's rooms shall be stored in cleanable,
				  rodent-proof, covered containers, pending removal.
[Class III]
17.1.1 The facility and surrounding premises
				  shall show evidence of routine maintenance and housekeeping and repair of wear
				  and tear shall be made in a timely fashion.
17.1.2 The administrator shall take immediate
				  steps to correct any condition, in the physical facility or on the premises,
				  which poses a danger to a resident's life, health and/or safety.
[Classes II/III]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level II - Residential Care Facilities › Appendix 144-113-II-F

Current through 2024-29, July 17, 2024
This Appendix applies only if you rent your unit from an
					 entity (the "Landlord") that is not the Provider.
A. Your Landlord is:
				  _____________________________.
B.
				  Your current monthly rent is:____________________.
C. Among other things, your lease provides
				  that you will receive the following (check all that applies):
[] All housing costs (there will be no extra
					 charges)
[] All housing costs except:
______________________________________________________
______________________________________________________
______________________________________________________
[] Semi-private room
[] Shared bathroom
[] Private room
[] Private bathroom
[] Efficiency apartment
[] One Bedroom Apartment
[] Two Bedroom Apartment
[] Other
D. Your lease is attached here for
				  reference.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-1 - Purpose

Current through 2024-29, July 17, 2024
These rules establish minimum standards for the licensing
					 of Level III Residential Care Facilities. These facilities are a type of
					 Assisted Housing Program that provides assisted living services, as defined in
					 Section
					 2. These rules require that services
					 be individualized to meet resident needs and encourage each resident's right to
					 independence, choice and decision making, while living in a safe
					 environment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-3 - Licensing

Current through 2024-29, July 17, 2024
3.1
Responsibility for
				  compliance
. The applicant/licensee shall comply with these
				  regulations.
3.2
Unlicensed
				  Level III residential care facility
. No person, firm, partnership,
				  association, corporation or other entity shall manage or operate a Level III
				  residential care facility without a license.
3.3
Person license issued to
.
				  The license is only valid for the named licensee(s).
3.4
Application and licensure
.
3.4.1
Application required
. The
				  applicant is required to submit a written application for a license on a form
				  approved by the department. A license must be issued prior to the commencement
				  of operation, or the applicant may be subject to sanctions. Incomplete
				  applications on which no action has been taken by the applicant after sixty
				  (60) calendar days shall be void. A non-refundable licensing fee shall be
				  submitted with the application. The check shall be made payable to the
				  Treasurer, State of Maine. Fees are:
3.4.1.1
				  Residential Care Facilities - $10.00 each licensed bed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-4 - Enforcement Procedures

Current through 2024-29, July 17, 2024
4.1
Inspections required
. The provider shall submit to regular and
				  unannounced inspection surveys and complaint investigations in order to receive
				  and/or maintain a license. The provider shall give access to all records
				  required by these regulations. The department has the right to interview
				  residents and employees in private.
[Class I]
4.2
Frequency and type of
				  inspections
. An inspection may occur:
4.2.1 Prior to the issuance of a
				  license;
4.2.2 Prior to renewal of
				  a license;
4.2.3 Upon complaint
				  that there has been an alleged violation of licensing regulations;
4.2.4 When there has been a change or
				  proposed change in administrator, physical plant or services;
4.2.5 When necessary to determine compliance
				  with a Directed Plan of Correction, conditions placed on a license or that
				  cited deficiencies have been corrected;
4.2.6 For routine monitoring of resident
				  care; or
4.2.7 Any time the
				  department has probable cause to believe that an assisted housing program has
				  violated a provision of these regulations or is operating without a
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-5 - Resident Rights

Current through 2024-29, July 17, 2024
5.1
Resident
				  rights
. The assisted housing program shall promote and encourage
				  residents to exercise their rights, to age in place and make informed choices.
[Class IV]
5.2
Freedom of choice of provider.
For services and supplies not
				  provided by the licensee, each resident has the right to select the provider of
				  his/her choice.
[Class IV]
5.3
Rights regarding transfer and
				  discharge
. Each resident has the right to continued residence whenever a
				  valid contract for services is in force. The facility must show documented
				  evidence of strategies used to prevent involuntary transfers or discharges. A
				  resident shall not be transferred or discharged involuntarily, except for the
				  following reasons:
5.3.1 When there is
				  documented evidence that a resident has violated the admission contract
				  obligations, despite reasonable attempts at problem resolution;
[Class
				  IV]
5.3.2 A resident's
				  continued tenancy constitutes a direct threat to the health or safety of
				  others;
[Class IV]
5.3.3 A resident's intentional behavior has
				  resulted in substantial physical damage to the property of the assisted housing
				  program or others residing in or working there;
[Class
				  IV]
5.3.4 A resident has
				  not paid for his/her residential services in accordance with the contract
				  between the assisted housing program and the resident;
[Class
				  IV]
5.3.5 When there is
				  documented evidence that the facility cannot meet the needs of the resident as
				  the program is fundamentally designed;
[Class IV]
or
5.3.6 The license has been revoked, not
				  renewed, or voluntarily surrendered.
[Class IV]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-6 - Alzheimer's/Dementia Unit Standards

Current through 2024-29, July 17, 2024
6.1
Alzheimers'/Dementia Care Units
. A facility or unit may be designated as
				  an Alzheimers'/Dementia Care Unit if the following regulations are met and the
				  facility has received written designation from the Department.
6.2
Admission requirements .
6.2.1 At the time of admission to an
				  Alzheimer's/Dementia unit, the resident's individual record must contain:
6.2.1.1 Documentation of the legal
				  representative's authority for placement, including but not limited to, the
				  order, instrument or other documentation upon which the legal representative or
				  facility relies upon for authority, the name, address and telephone number of
				  the individual(s) consenting to placement, and all other documentation required
				  by State and Federal law for valid authority.
6.2.1.2 Documentation of a physician's
				  diagnosis of Alzheimer's disease or dementia within 30 days of admission to the
				  unit.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-8 - Verification of Credentials

Current through 2024-29, July 17, 2024
8.1
Licensed
				  Staff.
Prior to employing licensed staff, the facility must verify that
				  the person has a valid and current license.
8.2
Employing CNA's and CNA-M's.
Prior to employing a CNA or CNA-M (in the capacity of a CNA or CNA-M),
				  the facility must contact the CNA Registry and determine that the CAN or CNA-M
				  is on the Registry and has not been annotated. If the CNA or CNA-M is not on
				  the Registry, or if the CNA or CNA-M has been annotated for abuse, neglect or
				  misappropriation of patient/client/resident funds in a health care setting, or
				  if the CNA or CNA-M has been the subject of a substantiated complaint involving
				  abuse, neglect or misappropriation of patient/client/resident funds in a health
				  care setting by the Department, the individual cannot be employed to function
				  as a CNA or CNA-M.
8.3
Prohibited Employment.
The facility may not hire as unlicensed assistive
				  personnel as defined in section 2.57 an individual who is prohibited from
				  employment as a certified nursing assistant as outlined below and in section
				  8.4:
8.3.1 An individual may not be employed
				  in a hospital, nursing facility, home health agency or assisted housing program
				  as a certified nursing assistant if that individual has been convicted in a
				  court of law of a crime involving abuse, neglect or misappropriation of
				  property in a health care setting; and
8.3.2 An individual may not be employed in a
				  hospital, nursing facility, home health agency or assisted housing program as a
				  certified nursing assistant if that individual:
8.3.2.1 Has been the subject of a complaint
				  involving abuse or neglect that was substantiated by the department pursuant to
				  its responsibility to license hospitals, nursing facilities, home health
				  agencies and assisted housing programs and that was entered on the Maine
				  Registry of Certified Nursing Assistants; or
8.3.2.2 Has been the subject of a complaint
				  involving the misappropriation of property in a health care setting that was
				  substantiated by the department and entered 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 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-9 - Scope of Licenses

Current through 2024-29, July 17, 2024
9.1
Licensing of facilities with three (3) to six (6) residents
. A license
				  is required for more than two residents. A Level III license is required for a
				  residential care facility with 3-6 beds if the provider has three (3) or more
				  employees who are not owners nor related to the owner and if the requirements
				  of these rules are met.
9.2
Exemptions for licensed children's homes
. The Department may exempt a
				  licensed children's home from requiring a Level III license once a resident
				  reaches the age of eighteen (18) if the resident has not completed his/her
				  prescribed program of treatment, care or education, or discharge from the
				  facility will occur within nine (9) months of the date the resident turned
				  eighteen (18). If the facility's purpose is to treat or care for children, and
				  the above requirements are met, the Department may grant a written exemption
				  from licensure in order for the adult resident's income to be
				  supplemented.
9.3
Dual
				  licensure
. No facility shall be granted a Level III license, and any
				  previously granted Level III license may be subject to revocation, if another
				  license or approval is in effect or granted, unless the Department has
				  determined that dual licensure will not have an adverse impact on the
				  residents.
9.4
Maximum
				  number of adult residents
. The maximum number of beds for which a
				  facility may be licensed will be determined by the Department, according to the
				  regulations set forth herein. Respite care may only be provided in licensed
				  beds.
9.5
Physical plant
				  changes.
No alterations in the size or arrangement of the physical
				  plant, location of resident rooms, change in the heating system, water supply
				  system, sewage disposal system, utilities or similar systems shall be made
				  without the prior written approval of the Department in accordance with these
				  regulations.
9.6
Residents
				  under the age of 18
. A person who is seventeen (17) years of age may be
				  a resident of a Level III facility without the home being required to be
				  licensed as a children's home, if the Department determines in writing prior to
				  placement that such a placement is in the best interest of that person. The
				  general physical and mental health of all residents of the facility shall be
				  considered in this decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-10 - Provider and Staff Qualifications and Responsibilities

Current through 2024-29, July 17, 2024
10.1
Provider's age
. The
				  provider shall be at least twenty-one (21) years of age.
[Class
				  III]
10.2
Education, experience and training
. The provider shall submit
				  satisfactory evidence regarding education, experience and training to meet the
				  needs of the residents to be served.
10.3
Qualifications of the
				  provider
. The provider must demonstrate to the Department's satisfaction
				  the capacity to operate and manage the facility with regard for the best
				  interests of residents and consistent compliance with these regulations and all
				  relevant laws. In making this determination, the Department may consider:
10.3.1 Records of professional licensing
				  boards or registers, any criminal record, child protective record or adult
				  protective record relating to the provider.
10.3.2 Understanding of and compliance with
				  resident rights.
10.3.3 Any
				  information reasonably related to the ability to provide safe and compassionate
				  services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-12 - Management of Resident Personal Accounts

Current through 2024-29, July 17, 2024
12.1
Written permission.
The licensee or his/her representative may
				  only manage personal accounts for a resident if requested to do so, in writing,
				  by the resident or the resident's legal representative.
12.2
Documentation.
The
				  provider must maintain and document an accounting of the funds, with supporting
				  documentation for each expenditure that exceeds $2.00.
Under no circumstances shall the personal funds of any
					 resident, beyond what the provider receives for monthly payments, be used for
					 the operating costs of the facility or the personal expenses of the provider or
					 his/her representative.
12.3
Commingling.
Residents'
				  personal funds shall not be commingled with the business funds of the facility
				  or with the personal funds or accounts of the owner, any member of the owner's
				  family or any employee of the facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-13 - Resident and Other Records

Current through 2024-29, July 17, 2024
13.1
Summary
				  sheets
. There shall be a summary sheet maintained for each resident that
				  includes applicable information, including the resident's name, birth date,
				  date of admission, duly authorized licensed practitioner's name, address and
				  telephone number, nearest relative or friend's name, address and telephone
				  number, person to be notified in an emergency, their name, address and
				  telephone number, day program name, telephone number, address and contact
				  person, date of discharge or death and significant medical/social
				  issues.
13.2
Resident
				  records
. There shall be a record maintained for each resident that
				  contains applicable information on physical and mental condition, behavior,
				  mood, eating habits, incidents or accidents, documented proof of guardianship,
				  conservatorship, representative payee, power of attorney or other legal
				  representative, and the dates of medical examinations, other medical and dental
				  treatment and drugs prescribed.
13.3
Discharge summary
.
				  Discharge summaries must be completed in conjunction with the resident and/or
				  guardian. Documentation shall include, but not be limited to the following:
13.3.1 Reason for discharge; and
13.3.2 Targeted living arrangement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-14 - Safety Standards

Current through 2024-29, July 17, 2024
14.1
Fire
				  safety plans
. Each facility must have a fire safety plan. The fire
				  safety plan and any changes in the plan are to be developed in conjunction with
				  and approved by, local or state fire authorities.
[Class
				  III]
14.2
Elements
				  of a fire safety plan
. The plan shall note steps to be taken, location
				  of emergency exits, evacuation procedures and the telephone numbers of police,
				  fire, ambulance and duly authorized licensed practitioners or other individuals
				  to contact in an emergency. The fire safety plan shall be posted conspicuously
				  in the facility.
14.3
Drills
				  or rehearsals
.
14.3.1 Timed drills, as
				  described in the applicable chapters of the NFPA Life Safety Code, must be used
				  in facilities with 3 or more beds to determine a facility's capability to
				  evacuate its residents, unless the facility has elected to complete evacuation
				  scores in lieu of timed drills in accordance with the standards described in
				  the NFPA Life Safety Code 101A or when timed drills are not required pursuant
				  to the Life Safety Code. When a new resident has participated in a timed drill
				  in another residential care facility within the previous 2 months, the results
				  of that drill may be used to determine evacuation capability in the resident's
				  current facility for a period of up to 4 months.
[Class
				  II]
14.3.2 Facilities with
				  3 or more beds shall conduct drills or rehearsals of the emergency steps to be
				  taken at irregular times of the day, at least 6 (six) times per year spaced
				  throughout the year. Two of the six drills must be conducted while residents
				  are asleep.
[Class II]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level III - Residential Care Facilities › Section 144-113-III-15 - Nutrition and Health

Current through 2024-29, July 17, 2024
15.1
Quality
				  and quantity of food
. The facility must offer each resident a
				  nourishing, well-balanced diet that meets the daily nutritional and special
				  dietary needs of each resident and that meets the Recommended Dietary
				  Allowances of the Food and Nutrition Board of the National Research Council,
				  National Academy of Sciences.
15.2
Resident participation in meal planning and preparation
.
				  Residents shall be encouraged to participate in food planning and preparation,
				  as appropriate.
15.3
Second-grade products
. Second-grade products such as unlabeled canned
				  goods, home canned goods, improperly sealed or unsealed containers or packages,
				  outdated food and similar foods shall not be used.
(Class
				  III)
15.4
Food
				  supplies
. Supplies of perishable foods for a forty-eight (48) hour
				  period and supplies of non-perishable foods for a three (3) day period shall be
				  on hand to meet the requirements of the planned menus.
15.5
Residents with communicable
				  diseases
. No resident with a communicable disease shall be admitted if
				  that resident's condition or behavior endangers the health and welfare of other
				  residents and no accommodation can be made to protect other residents. If an
				  accommodation such as Standard Precautions reduces or eliminates the risk of
				  exposure, then accommodations shall be made.