Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter II - Specific Policies By Service › Section 144-101-II-29 - Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder › Subsection 144-101-II-29.10 - PROVIDER QUALIFICATIONS AND REQUIREMENTS

Current through 2024-29, July 17, 2024
The provider must document each service provided, the
						date of each service, the type of service, need or goal to which the service
						relates, the length of time of the service, and the signature of the individual
						performing the service.
To provide services under this section a provider must be
						a qualified vendor as approved by DHHS and enrolled by the MaineCare program.
						Once a provider has been authorized to provide services, the provider cannot
						terminate the member's services without written authorization from DHHS.
Providers must ensure staff are trained in identifying
						risks, such as risk of abuse, neglect or exploitation; participating in a
						member's risk assessment; identifying and reporting to an immediate supervisor
						changes in health status and behavior; anticipating or preventing unsafe or
						destructive behavior; and safely intervening against undesirable behavior
						according to an intervention plan. Any plan, intervention must be consistent
						with the DHHS's rule governing emergency intervention and behavioral treatment
						for persons with intellectual disabilities (14-197 CMR Chapter 5). It may also
						be necessary to seek emergency medical or safety assistance when needed and
						comply with Reportable Events reporting requirements.
All staff, regardless of length of employment, must have
						Behavioral Regulations (14-197 CMR, Chapter 5), Regulations Regarding
						Reportable Events, Adult Protective Investigations and Substantiation Hearings
						Regarding Persons with Mental Retardation and Autism (14-197, ch 12), and
						Rights of Persons with Intellectual Disabilities or Autism Training (Title 34-B
						§5605 ). These trainings are required every thirty-six (36) months.
						Documentation of training must be maintained in provider personnel
						files,
Additional information regarding provider requirements
						can be found in APPENDIX IV- Additional Requirements for Section
						29 Providers Community Support
						Services and Employment Specialist Services.
29.10-1
Direct Support Professional
					 (DSP)
The following requirements apply to DSPs:
A. DSPs must successfully complete the Direct
					 Support Professional curriculum as adopted by DHHS
,
or DHHS's
					 approved Assessment of Prior Learning, or successfully complete the Maine
					 College of Direct Support within six (6) months of date of hire.
B. Prior to providing services to a member
					 alone, a DS must complete the following four modules from the College of Direct
					 Support, including computer based and live sessions:
1. Introduction to Developmental
					 Disabilities
2.
					 Professionalism
3. Individual
					 Rights and Choice
4. Maltreatment
Documentation of completion must be retained in the
						personnel record.
C. DSPs must complete the following
					 Department approved trainings within the first six (6) months from date of hire
					 and thereafter every thirty six (36) months:
1. Regulations Regarding Reportable Events,
					 Adult Protective Investigations and Substantiation Hearings (14-197, Ch.
					 12)
2. Regulations Governing
					 Behavioral Support, Modification and Management for People with Intellectual
					 Disabilities or Autism in Maine (14-197, Ch. 5)
3. Rights and Basic Protections of a Person
					 with an Intellectual Disability or Autism (Title 34-B §5605 )
4. Grievance Training (14-197, ch. 8). This
					 training must be completed before working with members.
D. DSPs must have a background check
					 completed consistent with Section 29.10-4.
E. DSPs must have an adult protective and
					 child protective record check.
F.
					 DSPs must be at least eighteen (18) years of age.
G. DSPs must have graduated from high school
					 or acquired a GED.
H. DSPs must
					 have current CPR and First Aid Certification.
I. A DSP is legally authorized to assist with
					 the administration of medication if the DSP is certified as a Certified Nursing
					 Assistant-Medications (CNA-M); as a Certified Residential Medication Aide
					 (CRMA), or a Registered Nurse (RN), or otherwise has been trained to administer
					 medications through a training program specifically for Shared Living model
					 homes and authorized, certified, or approved by DHHS.
J. A DSP who also provides Work Support-
					 Individual or Work Support-Group must have completed the additional employment
					 modules in the Maine College of Direct Support in order to provide
					 services.
K. A DSP who also
					 provides Career Planning must have completed the additional employment modules
					 in the Maine College of Direct Support and an additional twelve (12) hours of
					 Career Planning and Discovery training provided through Maine's Workforce
					 Development System.
L. All new
					 staff or subcontractors must complete the Maine College of Direct Support
					 within six (6) months of actual employment from date of hire. Evidence of date
					 of hire and enrollment in the training must be documented in writing in the
					 employee's personnel file or a file for the subcontractor. Services provided
					 during this time are reimbursable as long as the documentation exists in the
					 personnel file.
M. A person who
					 provides Direct Support must be a DSP regardless of his or her status as an
					 employee or subcontractor of an agency. A DSP can supervise another
					 DSP.
N. Only a DSP who is certified
					 as a Certified Nursing Assistant-Medications (CNA-M), a Certified Residential
					 Medication Aide (CRMA), or a Registered Nurse (RN) may administer medications
					 to a member.
O. A DSP may supervise
					 another DSP.