Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 117 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF ADULT DAY SERVICES PROGRAMS › Section 144-117-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms have the following meanings for these
				  rules, as specified:
1.1
Abuse
means the infliction of injury, unreasonable confinement,
				intimidation or cruel punishment with resulting physical harm or pain or mental
				anguish, sexual abuse or exploitation or the willful deprivation of essential
				needs (
				 22 M.R.S.A.
				§3472 ).
1.2
Activities of daily living
				(hereinafter ADLs)
means tasks routinely performed by a person to
				maintain bodily functions, including bed mobility, transfers, locomotion,
				dressing, eating, toileting, bathing and personal hygiene.
1.3
Adult
means any person who
				has attained the age of nineteen (19) years or who is a legally emancipated
				minor (
				 22 M.R.S.A.
				§8601 ).
1.4
Adult Day Health Services
				Program
means an Adult Day Services Program, licensed by the Department
				of Health and Human Services, Division of Licensing and Certification,
				Community Services Programs, which provides health monitoring and personal care
				services in addition to a group program of care, therapeutic activities and
				supervision.
1.5
Adult Day
				Services Program
means a group program of care, therapeutic activities
				and supervision maintained or carried out on a regular basis by a person or
				persons in a private dwelling or other facility, for consideration, for any
				part of a day, for at least two (2) hours a day, for more than two (2) adults
				nineteen (19) years of age of older, who are not blood relatives and are coming
				to the facility for up to seven (7) days a week for the express purpose of
				participating in this program (
				 22 M.R.S.A.
				§8601 ).
1.6
Applicant
means the person
				who owns the facility and is applying for a license, or the person who is
				applying for a license pursuant to a valid lease agreement, contract or other
				agreement with the owner of the building that delineates the roles and duties
				under these rules.
1.7
Conditional License
means a license issued by the Department when an
				individual or agency fails to comply with applicable laws and rules and, in the
				judgment of the Commissioner or Commissioner's designee, the best interest of
				the public would be served by issuing a conditional license. The conditional
				license shall specify when and what corrections must be made during the term of
				the conditional license.
1.8
Consumer
means a person participating in a licensed Adult Day Services
				Program, for a fee, who is at least nineteen (19) years of age and is not a
				blood relative of an Adult Day Services provider.
1.9
Deficiency
means a violation
				of State licensing regulations.
1.10
Department
means the
				Department of Health and Human Services, Division of Licensing and
				Certification, Community Services Programs, unless otherwise
				indicated.
1.11
Division
of Licensing and Certification, Community Services
				Programs,
is the State agency responsible for licensing Adult Day
				Services Programs.
1.12
Emergency
means either those events that demonstrate a consumer
				has an urgent medical or psychological need, which requires immediate acute
				care treatment, poses imminent danger to other consumers or a natural disaster,
				which damages or interrupts vital services to consumers or the integrity of the
				physical plant.
1.13
Exploitation
means the illegal or improper use of an incapacitated or
				dependent adult or his/her resources for another's profit or
				advantage.
1.14
Full
				License
means a license issued for one year to a provider who fully
				complies with all applicable laws and regulations.
1.15
Licensed Health Care
				Professional
means health care providers, including physicians,
				registered professional nurses, licensed practical nurses, physician
				assistants, pharmacists, nurse practitioners, occupational therapists, speech
				pathologists, physical therapists, dietitians and social workers who have been
				authorized to practice a health care profession in accordance with Maine State
				law.
1.16
Licensee
means the person to whom a license is issued.
1.17
Limited Assistance
means
				that the consumer was highly involved in an ADL activity; received physical
				help in guided maneuvering of limbs, or other nonweight-bearing assistance
				three (3) plus times, or as just described plus weight-bearing support one (1)
				or two (2) times during the seven (7) days prior to the assessment date. This
				definition is derived from the current version of the Medical Eligibility
				Determination (MED) in use by the Department.
1.18
Neglect
means a threat to
				an adult's health or welfare by physical or mental injury or impairment,
				deprivation of essential needs, or lack of protection from these
				threats.
1.19
Night
				Program
means an Adult Day Services Program delivered between the hours
				of five (5) PM and seven (7) AM to dementia consumers who are awake and
				participating in activities during some of those hours.
1.20
Plan of Correction (hereinafter
				POC)
means a section of the Statement of Deficiencies completed by the
				provider, detailing the plan to correct deficiencies and the completion dates
				for correcting the deficiencies.
1.21
Provider
means the person
				licensed to operate an Adult Day Services Program.
1.22
Program Administrator
means
				a person responsible for the development, coordination, supervision, fiscal
				management and evaluation of services provided at the Adult Day Services
				Program.
1.23
Provisional
				License
means a temporary license issued as an initial license for a
				term not to exceed twelve (12) months, unless the provider has not served any
				consumers within the most recent year of operation, at which time the license
				may be reissued for an additional twelve (12) months. A provisional license may
				be issued to a provider who has not previously operated the program for which
				the application is made or is licensed.
1.24
Restraints
means
1.24.1 Any device or other means, except
				mechanical supports used in normative situations to achieve proper body
				position and balance, that is intended to restrict freedom of movement or
				access to one's body, or
1.24.2 Any
				medication which alters cognition or behavior and which is used for discipline
				or convenience and is not required to treat medical symptoms.