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 III - Residential Care Facilities › Section 144-113-III-17 - Sanitation and Safety

Current through 2024-29, July 17, 2024
17.1
Cleanliness
. 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 III - Residential Care Facilities › Appendix 144-113-III-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 IV - Residential Care Facilities › Section 144-113-IV-1 - Purpose

Current through 2024-29, July 17, 2024
These rules establish minimum standards for the licensing
					 of Level IV 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 IV - Residential Care Facilities › Section 144-113-IV-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 IV residential care facility
. No person, firm, partnership,
				  association, corporation or other entity shall manage or operate a level IV
				  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.
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 IV - Residential Care Facilities › Section 144-113-IV-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 IV - Residential Care Facilities › Section 144-113-IV-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 IV - Residential Care Facilities › Section 144-113-IV-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 IV - Residential Care Facilities › Section 144-113-IV-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 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 IV - Residential Care Facilities › Section 144-113-IV-10 - Administration

Current through 2024-29, July 17, 2024
10.1
Administrator required
.
				  There shall be an on-site administrator who shall perform such duties as the
				  licensee may properly delegate to him/her. The administrator shall perform such
				  functions in compliance with all applicable laws and regulations and consistent
				  with the standard of conduct that a reasonable and prudent person would observe
				  in the same situation.
[Class III]
10.2
Administrator's age
. The
				  administrator shall be at least twenty-one (21) years of age.
[Class
				  III]
10.3
Qualifications of the applicant/licensee and administrator
. The
				  applicant/licensee and administrator must meet the following requirements:
10.3.1 The applicant/licensee and
				  administrator 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. The
				  applicant/licensee and administrator, as part of the license application and
				  renewal process, shall consent to the release of all information that may be
				  reviewed in this Section. In making any determination under this Section, the
				  Department may consider:
10.3.1.1 Records of
				  professional licensing boards or registers, any criminal record, child
				  protective record or adult protective record relating to the applicant/licensee
				  and administrator;
10.3.1.2 Whether
				  the facility is required to have a licensed administrator by the Nursing Home
				  Administrator's Licensing Board, and whether the administrator's license is
				  current and valid;
10.3.1.3
				  Financial ability and fiscal responsibility of the applicant/licensee (such as
				  a history of timely payment of employee Federal withholding taxes, and
				  capability of obtaining financing for working capital and repairs);
10.3.1.4 Management and supervisory
				  experience, including the capacity to manage the financial operations and staff
				  of the facility for which the license is sought. A Residential Care or
				  Multi-Level Facility Administrator's License will be accepted as evidence that
				  this standard is met;
10.3.1.5
				  Experience in the field of health care, social services or areas related to the
				  provision of assisted living services. A Residential Care or Multi-Level
				  Facility Administrator's License will be accepted as evidence that this
				  standard is met;
10.3.1.6
				  Understanding of and compliance with resident rights;
10.3.1.7 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 IV - Residential Care Facilities › Section 144-113-IV-11 - Administrative and Resident Records

Current through 2024-29, July 17, 2024
11.1
Individual records required
. Information pertaining to a resident's stay
				  shall be centralized in an individual record, containing the following, where
				  applicable:
11.1.1 An identification and
				  summary sheet that includes the following information:
11.1.1.1 Name, previous address and Social
				  Security number of resident;
11.1.1.2 Birth date, sex and marital
				  status;
11.1.1.3 Date of admission
				  and source;
11.1.1.4 Religious
				  affiliation;
11.1.1.5 Duly
				  authorized licensed practitioner's name, address and telephone
				  number;
11.1.1.6 Dentist's name,
				  address and telephone number;
11.1.1.7 Name, address and telephone number
				  of the legal guardian/conservator or legal representative;
11.1.1.8 Name, address and telephone number
				  of the person who will make payments for boarding care (if other than the
				  resident);
11.1.1.9 Name, address
				  and telephone number of nearest relative or friend;
11.1.1.10 Name, address and telephone number
				  of person to be notified in an emergency;
11.1.1.11 Day program name, telephone number,
				  address and contact person, if applicable;
11.1.1.12 Current diagnoses and/or physical
				  or mental disabilities and instructions as to any special care
				  required;
11.1.1.13 Language
				  spoken/communication method;
11.1.1.14 Discharge date, destination and
				  reason for discharge;
11.1.1.15
				  Record of death, if death occurs in the facility, including:
11.1.1.15.1 Date and time of death;
11.1.1.15.2 Immediate cause of
				  death;
11.1.1.16 Name,
				  address and telephone number of the person to be notified and the procedures to
				  be followed in an emergency to cover the immediate care of the resident and
				  disposition of the body at the time of death.
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 IV - Residential Care Facilities › Section 144-113-IV-13 - Staffing

Current through 2024-29, July 17, 2024
13.1
General requirements
.
				  Minimum staffing shall be adequate to implement service plans, as well as to
				  provide a safe setting. The Department reserves the right to require additional
				  personnel or to modify the requirements of this section due to the level of
				  supervision and care required by the residents, the size of the facility, and
				  distinct parts or distribution of residents throughout the physical plant. It
				  is further required that all regular staff have in-service training at least
				  annually, in areas related to the specific needs of the residents
				  served.
13.2
Staff
				  requirements in facilities with ten (10) or fewer beds
.
13.2.1 Facilities with ten (10) or fewer beds
				  are required to have, at a minimum, one (1) responsible adult who is at least
				  eighteen (18) years of age, present at all times whenever residents are
				  present, to perform resident care and provide supervision of residents. This
				  person shall possess the good health and judgment determined necessary by the
				  Department to carry out assigned duties. The Department may require an
				  examination and submission of a written report from a duly authorized licensed
				  practitioner or psychologist licensed to practice in Maine.
13.2.2 The name, address and telephone number
				  of all persons, other than the owner or administrator, who provide care and
				  supervision of residents shall be available to the Department upon
				  request.
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 IV - Residential Care Facilities › Section 144-113-IV-15 - Sanitation/Dietary Services

Current through 2024-29, July 17, 2024
15.1
Common
				  kitchen and areas used to prepare food
. Kitchen and areas used to
				  prepare food shall be located away from possible food contamination
				  sources.
15.2
Food service
				  sanitation
. Food shall be safe for human consumption. Food shall be
				  obtained from sources that comply with all laws pertaining to food and food
				  labeling. Fresh produce may be purchased at farm stands.
15.3
Food storage
. All food
				  shall be stored using safe and sanitary methods.
[Class III]
15.3.1 Food shall be stored at least six (6)
				  inches above the floor on clean racks, dollies or other clean
				  surfaces.
15.3.2 Food or containers
				  of food shall not be stored under, or exposed to, unprotected sewer lines or
				  water lines, except for automatic fire protection sprinkler heads that may be
				  required by law.
15.3.3 Shelving in
				  storage areas, refrigerators and freezers shall be in good condition with
				  cleanable surfaces.
15.3.4 Food not
				  subject to further washing or cooking before serving shall be stored in such a
				  manner as to be protected against contamination from food requiring washing or
				  cooking.
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 IV - Residential Care Facilities › Section 144-113-IV-16 - Sanitation/Physical Plant Requirements

Current through 2024-29, July 17, 2024
16.1
Facility design.
The facility shall be designed, operated and maintained
				  in a manner appropriate to the special needs of the population to be
				  served.
16.2
Passable
				  road
. The facility shall be served by a road that is regularly
				  maintained and passable at all times of the year.
[Class
				  III]
16.3
Heating
				  systems
. There shall be a central heating plant connected to each room
				  or area used by residents or staff by means of a radiator, convector or
				  register. The heating system must be capable of maintaining a temperature of
				  seventy-five degrees (75°) Fahrenheit throughout resident areas of the
				  facility. Alternate types of heating systems may be approved by the Department,
				  if a uniform temperature of seventy-five degrees (75°) Fahrenheit can be
				  maintained. Systems other than electric heating shall have an annual inspection
				  and the heating source shall be tagged as being inspected.
16.4
Temperature
. Resident
				  areas of the facility shall be maintained at a temperature of seventy degrees
				  (70°), or higher as necessary to ensure the comfort of the residents.
				  Thermometers shall be placed in all resident areas. This does not apply to
				  bedrooms where residents control the temperature.
[Class
				  III]
16.5
Renting
				  space
.
16.5.1 The distinct part of the
				  facility licensed pursuant to these regulations shall have no rented
				  apartments, rooms or space for persons other than residents, except when used
				  by the licensee, administrator, immediate family members or employees of the
				  facility.
16.5.2 Adult Day Services
				  may be provided in the facility to persons residing outside of the facility,
				  with written approval from the Department to provide such services. The
				  facility must have adequate physical plant and staffing and, if providing Adult
				  Day Services to three or more consumers, must meet the requirements of
				  3.10.
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 IV - Residential Care Facilities › Appendix 144-113-IV-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 I - Private Non-Medical Institutions › Section 144-113-I-1 - Purpose

Current through 2024-29, July 17, 2024
These rules establish minimum standards for the licensing
					 of Level I Private Non-Medical Institutions. 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.
These rules governing the licensing and functioning of
					 Assisted Housing Programs - Level I - Private Non-Medical Institutions - shall
					 become effective July 1, 2004.
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 I - Private Non-Medical Institutions › Section 144-113-I-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 I private non-medical institution (PNMI).
No person, firm,
				  partnership, association, corporation or other entity shall manage or operate a
				  Level I private non-medical institution 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 the applicant has taken no action 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 Private
				  non-medical institutions - $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 I - Private Non-Medical Institutions › Section 144-113-I-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 I - Private Non-Medical Institutions › Section 144-113-I-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 I - Private Non-Medical Institutions › Section 144-113-I-6 - Alzheimers'/Dementia and Other Specialty Unit Standards

Current through 2024-29, July 17, 2024
6.1
Alzheimers'/Dementia Care
				  Units
. A facility or unit designated as an Alzheimers'/Dementia Care
				  Unit shall comply with the following regulations and the facility must have
				  received written designation from the Department.
6.2
Admission requirements .
6.2.1 At the time of admission to an
				  Alzheimers'/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 Alzheimers' 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 I - Private Non-Medical Institutions › Section 144-113-I-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. The kit. 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;
7.1.4.6 Treatment and prevention of insulin
				  reaction including signs/symptoms;
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 I - Private Non-Medical Institutions › Section 144-113-I-9 - Provider and Staff Qualifications and Responsibilities

Current through 2024-29, July 17, 2024
9.1
Provider's age
. The
				  provider shall be at least twenty-one (21) years of age.
[Class
				  III]
9.2
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.
9.3
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:
9.3.1 Records of professional
				  licensing boards or registers, any criminal record, child protective record or
				  adult protective record relating to the provider.
9.3.2 Understanding of and compliance with
				  resident rights.
9.3.3 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 I - Private Non-Medical Institutions › Section 144-113-I-10 - Health Care and Access to Services

Current through 2024-29, July 17, 2024
10.1
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]
10.2
Transportation
. The facility shall provide or arrange transportation to
				  medical and other appointments.
10.3
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.
10.4
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.
10.5
Resident
				  Assessment/Re-assessment.
The facility shall use the Resident Assessment
				  Instrument (RAI), or other assessment instrument as may be required by the
				  agency providing the MaineCare funding.
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 I - Private Non-Medical Institutions › Section 144-113-I-11 - Management of Resident Personal Accounts

Current through 2024-29, July 17, 2024
11.1
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.
11.2
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.
11.3
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 I - Private Non-Medical Institutions › Section 144-113-I-12 - Resident and Other Records

Current through 2024-29, July 17, 2024
12.1
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.
12.2
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.
12.3
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:
12.3.1 Reason for discharge; and
12.3.2 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 I - Private Non-Medical Institutions › Section 144-113-I-13 - Safety Standards

Current through 2024-29, July 17, 2024
13.1
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]
13.2
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.
13.3
Drills
				  or rehearsals
. Drills or rehearsals of the emergency steps to be taken
				  shall be conducted at irregular times of the day, at least six (6) times per
				  year spaced throughout the year. Two of the six (6) drills must be conducted
				  while residents are asleep. Providers shall be knowledgeable about and shall
				  inform staff, if applicable, about the use of fire safety equipment in the
				  facility. At the time of admission and on a periodic basis, residents shall be
				  informed of emergency procedures.
[Class II]
13.4
Record of drills or rehearsals.
A record shall be kept on a form provided by the Department showing the
				  date and time of each drill.
[Class II]
13.5
Free-standing, solid fuel burning
				  stoves
. Freestanding, solid fuel burning stoves (including wood and
				  coal) are permitted in living areas, but not in bedrooms. They must be
				  installed within NFPA No. 211 guidelines or as regulated by the Solid Fuel
				  Board of Maine. Guidelines contained in NFPA No. 211 may be obtained by
				  contacting the Office of the State Fire Marshal.
[Class
				  III]
13.6
Portable
				  electric heaters
. Portable closed liquid electric heaters may be used if
				  approved by the Office of the State Fire Marshal. No radiant or quartz heaters
				  shall be used.
[Class III]
13.7
Extension cords
. Extension
				  cords are prohibited, except for those cords that have a fuse mechanism.
[Class III]
13.8
Smoke detectors.
Each smoke detector must be in working order.
[Class I]
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 I - Private Non-Medical Institutions › Section 144-113-I-14 - Nutrition and Health

Current through 2024-29, July 17, 2024
14.1
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.
14.2
Resident participation in meal planning and preparation
.
				  Residents shall be encouraged to participate in food planning and preparation,
				  as appropriate.
14.3
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)
14.4
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.
14.5
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 I - Private Non-Medical Institutions › Section 144-113-I-16 - Sanitation and Safety

Current through 2024-29, July 17, 2024
16.1
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]
16.1.1 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.
16.1.2 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]