reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-IX - RESPONSIBILITIES OF THE APPOINTING AUTHORITY TO HUMAN RIGHTS COMMITTEES

Current through 2024-29, July 17, 2024
The appointing authority shall:
A. Review and approve the by-laws, or
				constitution of each Human Rights Committee;
B. Assure that Human Rights Committee members
				are provided access to any available information needed by the Human Rights
				Committee In performance of its duties and responsibilities;
C. Instruct all Department staff to cooperate
				fully with the Human Rights Committee in meeting the mandates of the
				Committee;
D. Allow Human Rights
				Committee members access to the facility for which they are responsible and to
				the staff of that facility and to the clients of that facility in a manner
				sufficient to allow the Committee to carry out its functions, and,
E. Assure that each volunteer member of the
				Human Rights Committee shall be reimbursed for the expenses incurred in
				carrying out their mandated duties as a member of the Human Rights Committee.
				In addition, the appointing authority and all agents of the appointing
				authority shall work toward mutually acceptable resolution of all concerns
				raised by the Human Rights Committee or individual members of that Human Rights
				Committee.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 1 - ESTABLISHMENT AND FUNCTIONING OF HUMAN RIGHTS COMMITTEES › Section 191-1-X - RESPONSIBILITY OF HUMAN RIGHTS COMMITTEES

Current through 2024-29, July 17, 2024
Each Human Rights Committee and each member of a Human Rights
				  Committee shall abide by all the statutory and regulatory provisions regarding
				  the confidentiality of client records and information. Except as to the release
				  of Information to the Commissioner, the Attorney General, the Office of
				  Advocacy of the Department, or as provided in
				   34-B MRSA
				  subsection1207(1984), in no
				  instance shall identifiable client information be released outside of the Human
				  Rights Committee without prior permission of a legally responsible party. Each
				  Human Rights Committee shall develop, and shall forward to the appointing
				  authority for his review and approval, the written by-laws and/or constitution
				  of the Human Rights Committee. In addition, it is the responsibility of each
				  Human Rights Committee to maintain written records of the functioning of the
				  Committee and to forward copies of such records and any correspondence relating
				  to the functions of the Human Rights Committee to the appointing
				  authority.
These rules govern the establishment and functioning of human
				  rights committees of Intermediate Care Facilities for the Mentally Retarded
				  (ICFs/MR) operated by the Department of Mental Health and Mental
				  Retardation.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-I - STATEMENT OF PURPOSE

Current through 2024-29, July 17, 2024
The Department of Mental Health and Mental Retardation (DMH
				  & MR hereafter) and the Department of Human Services, Division of Child and
				  Family Services (DHS hereafter) recognize that confidentiality and its
				  correlative right to privacy is a fundamental principle in the provision of
				  mental health and mental retardation services and support that principle by
				  protecting the disclosure of information relating to the care, treatment and
				  habilitation of clients of DMH & MR. However, the departments further
				  recognize that the protection of children from neglect and abuse is a
				  sufficiently important justification which requires the abrogation of
				  confidentiality under certain circumstances. These rules set out the parameters
				  under which information may be disclosed pursuant to Title 34-B, chapter I,
				  subchapter II, [(section 1207(1)(B-1)(confidentiality) (effective September 19,
				  1985)] to facilitate appropriate intervention and treatment in such
				  cases.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-II - DEFINITIONS

Current through 2024-29, July 17, 2024
Client. Client means a person receiving
				services from DMH & MR, from the Bureau of Mental Health, from the Bureau
				of Mental Retardation, from any state institution, or from any community agency
				licensed or funded to provide services falling under the jurisdiction of the
				DMH & MR pursuant to Title 34-B, chapter I, subchapter I, [(section 1001(2)
				].
Service Provider. Service provider means an entity or
				  individual providing mental health care and treatment. as defined under Title
				  34-B, chapter I, subchapter III, [(section 3601(2) (Community Mental Health
				  Services)), and chapter I, subchapter IV, [(section 3801(9) (hospitalization,
				  state mental health institute)) to a client of the bureau of Mental Health,
				  providing protective and supportive services to a client of the Bureau of
				  Mental Retardation pursuant to Title 34-B, chapter 5, subchapter I [(sections
				  5001(4) and (6) (protective and supportive services, definition)) or providing
				  services pursuant to Title 34-B, chapter 5, subchapter III [section 5401 et
				  seq.)(State Operated Facilities; Community Based Services)]. Private providers
				  of in-patient or out-patient mental health or mental retardation services who
				  aye not licensed or funded by DMH & MR to provide such services are not
				  subject to the terms of these rules.
Information. Information means the informed
				personal opinions and impressions of service providers and all orders of
				commitment, medical and administrative records, applications and reports and
				facts contained therein pursuant to Title 34-5, chapter I, subchapter II,
				[(section 1207(l) (confidentiality of information)] pertaining to any client of
				DMH & MR.
Open Child and Family Services Case A case opened for
				  investigation/study to determine the level of harm threatening the child(ren)
				  in question or a case in which the child(ren)/ family is receiving subsequent
				  services under Title 22, chapter 1071 [(section 4001 et seq.)(Child and family
				  Services Act)] or a case in which a child is receiving Child and Family
				  Services pursuant to Title 15, chapter 507, [(section 3301 et seq.)(Juvenile
				  Code)).
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-III - TERMS OF DISCLOSURE

Current through 2024-29, July 17, 2024
Information shall be disclosed by the service provider for
				  the purpose of cooperating in an open Child and Family Services case without
				  the necessity of client or guardian consent, court order or administrative
				  subpoena under the following conditions:
A Written Request Based on Reasonable Cause
1 DHS shall request, in writing, the
				disclosure of information concerning a client from a service provider. DHS
				shall include information which clarifies its reason to suspect or believe that
				the client's behavior is relevant to its determination of the level of harm or
				threat of harm to a child who is the subject of an open Child and Family
				Services case. information provided to the service provider by DHS shall
				include, but need not be limited to, the following:
a the name of the client about whom
				information is sought;
b the nature
				of the alleged behavior, condition or functioning of the client;
c the nature of the alleged harm or threat of
				harm to the child(ren) which appears to DHS to be the result of such behavior,
				condition or functioning;
d the
				nature and type of information requested.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-IV - Additional Terms

Current through 2024-29, July 17, 2024
A Disclaimer as to
				Additional Services
These rules shall not obligate any service provider to
				  provide to DHS any special service, examination or assessment of a client.
				  However, these rules shall not affect the right of DHS or any service provider
				  to enter into any separate agreement regarding the provision of special
				  examinations or other services.
B Immunity
These rules shall not affect the responsibility of a service
				  provider to report known or suspected child abuse under Title 22, chapter 1071,
				  subchapter II [(section 4011 )(Reporting of abuse or neglect)]. However, a
				  service provider providing information to DHS, Child and Family Services,
				  pursuant to these rules shall be presumed to be acting in good faith pursuant
				  to Title 22, chapter 1071, subchapter II [(section 4014 )(Immunity from
				  liability.
C Cooperation in
				Education and Training
The departments shall work cooperatively to develop and
				  deliver training
1 for DHS, Child and
				Family Services staff in the dynamics of mental health treatment, habilitation
				services and confidentiality;
2 for
				service providers and DMH & MR staff in the indicators of child
				abuse/neglect. and the multidisciplinary approach to prevention and
				treatment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-V - ENACTMENT/TERMINATION/AMENDMENT

Current through 2024-29, July 17, 2024
These rules shall be effective upon enactment by the
				  Department of Mental Health and Mental Retardation and shall be terminated or
				  amended in accordance with the Maine Administrative Procedures Act, Title 5,
				  chapter 375.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-VI - REVIEW

Current through 2024-29, July 17, 2024
The Commissioner of DMH & MR shall convene a group of
				  interested parties to assess the impact and effect of these rules one year from
				  the effective date of these rules.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 2 - RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES › Section 191-2-VII - Effective Date

Current through 2024-29, July 17, 2024
These rules shall be effective an October 1,
				  1986.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-I - CAPACITY TO MAKE CPR DECISION

Current through 2024-29, July 17, 2024
Every adult patient shall be presumed to have the capacity to
				  make a decision regarding CPR unless determined otherwise pursuant to these
				  rules or pursuant to court order. A lack of capacity shall not be presumed from
				  the fact that a guardian has already been appointed.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-II - COMPETENT ADULT PATIENTS

Current through 2024-29, July 17, 2024
Competent adult patients have the right to make decisions
				  concerning their own medical treatment. If an adult patient expresses a desire
				  to not be resuscitated under specified medical conditions after. discussion
				  with his physician, that physician shall write a DNR order for such patient
				  provided he has determined, to a reasonable degree of medical certainty, that
				  such medical conditions exist and the patient is competent to make an
				  informed-decision with respect to the issue. A second physician or licensed
				  clinical psychologist not involved in the patient's treatment must concur with
				  the attending physician's conclusion with respect to the issue of capacity. The
				  opinions with respect to the capacity of the patient and the patient's consent
				  to a DNR order shall be in writing and shall be filed in the medical record of
				  the patient. The clinical director or equivalent shall be notified of any such
				  DNR order prior to its entry. If a patient determined to have capacity to make
				  a CPR decision with a guardian consents to a DNR order, the guardian's consent
				  must also be obtained prior to the entry of the order. If such a patient
				  expresses a wish to be resuscitated, his wishes are
				  controlling.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-IV - RELATED MEDICAL CARE

Current through 2024-29, July 17, 2024
A DNR order is compatible with maximal therapeutic efforts
				  short of resuscitation and the patient shall receive support in all other
				  therapeutic modalities available and medically appropriate even though a DNR
				  order is in place. Medical efforts which will be maintained to relieve
				  suffering and assure patient comfort shall be written on the order sheet. Such
				  efforts may include, without limitation, basic nursing care, antibiotics, the
				  heimlich maneuver to prevent choking, adequate analgesia, suction and intake
				  for comfort including nutrition, hydration and oxygen.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-V - MONITORING

Current through 2024-29, July 17, 2024
Staff shall monitor the patient's condition on at least a
				  daily basis and report any change to the attending physician. The attending
				  physician shall conduct a thorough and formal review of the condition and
				  capacity of the patient at least every 90 days to determine if a DNR order is
				  still appropriate in light of the patient's condition. Such review shall
				  include consultation with other treating staff. Progress notes shall reflect
				  this periodic review. If a significant change in condition does occur, the
				  physician shall notify the patient, if possible, or the patient's surrogate of
				  such change. Each institution shall attempt to obtain a reaffirmance of the
				  initial consent to a DNR order after each reevaluation but, in any event, at
				  least every 90 days. Each institution shall be responsible for obtaining new
				  authorization should the appropriate surrogate change.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-VI - ENTRY AND NOTICE OF DNR ORDER

Current through 2024-29, July 17, 2024
The attending physician shall ensure that all DNR orders are
				  written, signed, dated and entered into the medical record of the patient. At
				  the time a DNR order is written, a companion entry should be made in the
				  progress notes which includes at least: the diagnosis, prognosis of the
				  patient, the patient's known wishes, the wishes of the patient's surrogate and
				  the recommendations of named members of the treatment team. There should also
				  be documentation supporting the finding of competency or incapacity of the
				  patient and the written consent of the patient or his surrogate. No verbal or
				  telephone orders to forego resuscitation shall be made. The DNR status of the
				  patient shall be prominently noted or displayed at all times for the benefit of
				  staff.
If a DNR order is discontinued due to a change in the
				  patient's medical condition, the attending physician shall ensure that a dated
				  and signed order to cancel and an explanatory note shall be written in the
				  record. He shall also ensure that the patient, if possible, or his surrogate is
				  informed of the rescission of the order. A new attending physician shall
				  conduct his own review of the patient's condition and shall write his own order
				  based on this review. If be believes that the existing DNR order should be
				  discontinued for reasons other than a recent change in the patient's condition,
				  he shall initiate the procedure for resolution of staff disagreement. If a
				  decision is made to discontinue the DNR order, the procedures for
				  discontinuance as outlined above shall be observed.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-VII - NOTICE TO OFFICE OF ADVOCACY

Current through 2024-29, July 17, 2024
The Advocate shall be notified at the time a second opinion
				  regarding capacity is requested (when a DNR order is initially contemplated)
				  and at the time a DNR order is written or rescinded.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 3 - RULES REGARDING THE USE OF DO NOT RESUSCITATE (DNR) ORDERS IN DEPARTMENT INSTITUTIONS › Section 191-3-VIII - TRANSFER OF PATIENT

Current through 2024-29, July 17, 2024
In the event that a patient with a DNR order is transferred
				  within an institution or is transferred to another medical facility, the
				  attending physician shall notify appropriate internal staff or staff of the
				  other medical facility of the existence of a DNR order.
Each institution shall develop its own procedures to comply
				  with this protocol and shall submit these procedures to the department for
				  approval.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 8 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 191-8-1 - Authorized Status

Current through 2024-29, July 17, 2024
A. Any community
				based agency, hereinafter "agency", providing rehabilitation and/or
				habilitation day program services for adults must be authorized in order to
				continue receiving funds from the Bureau of Mental Retardation (BMR), The
				Bureau of Mental Health (BMH), or the Bureau of Rehabilitation (BR),
				hereinafter "Bureau(s)".
B. Funding
				means:
1. The Bureau of Mental Retardation's
				award of a community based mental retardation services contract;
				and/or
2. The Bureau of
				Rehabilitation's authorization for the Agency to receive funds for the purchase
				of vocational rehabilitation services for eligible individuals. Authorization
				is not a commitment by BR to sponsor clients at the authorized agency;
				and/or
3. The Bureau of Mental
				Health's award of a community based mental health services contract.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 8 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 191-8-2 - Deemed Status

Current through 2024-29, July 17, 2024
A. Bureaus
				providing funds may award "deemed status" to standards promoted by nationally
				recognized organizations that offer accreditation to facilities.
B. In determining the acceptability of
				nationally recognized standards to be awarded deemed status, the Bureaus shall
				take into account:
1. The appropriateness of
				the standards content and their compatibility with specific programming that is
				provided and funded in Maine, and
2. Standards and a review process that
				require survey teams to pay substantial attention to actual direct client
				programming as an element of the on-site process, and
3. The accrediting body's achievement of a
				survey balance between the administration/organization and programming aspects
				of the agency, and
4. The ability
				of the accrediting body to document the final results of the survey and return
				that report to the agency in a timely manner.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 8 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 191-8-3 - Plan For Improvement

Current through 2024-29, July 17, 2024
A. Within 30 days
				of receipt, the agency shall provide the funding Bureau(s) with a copy of the
				accrediting body's written survey report, including:
1. The organization's conclusions regarding
				the award or denial of accredited status, and
2. Any terms or requirements that the agency
				must meet as a condition for achieving or maintaining accredited
				status.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 8 - RULES FOR FACILITIES PROVIDING ADULT DAY PROGRAMS › Section 191-8-4 - Quality Assurance

Current through 2024-29, July 17, 2024
A. Accreditation
				surveys and state sponsored agency reviews shall be used as a too] for assuring
				improvements in service quality throughout the period that the agency is
				authorized to receive funding.
B.
				The Plan for Improvement shall be a major focus of the quality assurance effort
				undertaken by the agency, and monitored by funding Bureau(s).
C. The PFI shall be sent to representatives
				of the funding Bureau(s) for the purposes of monitoring, quality assurance, and
				resource development.
D. Progress
				and the agency's efforts to take positive, corrective action shall be monitored
				by funding Bureau representatives.
E. An agency shall retain its authorized
				status provided that it continues to demonstrate substantial effort and
				progress toward meeting the objectives that are specified in the Plan for
				Improvement.
F. The funding Bureaus
				shell encourage - at the most immediate administrative level within each
				Bureau's quality assurance system - an informal process to identify, discuss
				and resolve issues of mutual concern to the Bureau and an agency.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-A - PURPOSE

Current through 2024-29, July 17, 2024
Vehicle parking areas are provided for employees, visitors,
				  and others people having business at the Institute, as well as for a limited
				  number of State vehicles. Proper movement and parking of vehicles is required
				  to reduce accidents involving personal injury or property damage, to facilitate
				  parking, loading, and unloading, to aid the flow of traffic, to permit adequate
				  snow removal, to conserve space, to contribute to the security of the hospital
				  and other agency property, and to keep fire lanes and emergency entrances clear
				  at all times for use by emergency vehicles.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-B - AUTHORITY

Current through 2024-29, July 17, 2024
Under Maine law (
				   34-B MRSA
				  §1411 ), the BMHI Superintendent, with
				  the approval of the Commissioner of the Department of Mental Health and Mental
				  Retardation, is authorized to promulgate rules concerning the use of parking
				  areas and public ways in the grounds of the Institute and to appoint special
				  police officers with power to issue citations enforceable in the District Court
				  in Bangor.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-C - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Parking area means land maintained by the
				State on the grounds of the Bangor Mental Health Institute which has been
				designated as a parking area. by the BMHI Superintendent.
2. Public way means a road, driveway, or land
				maintained by the State on the grounds of the Bangor Mental Health
				Institute.
3. The grounds of the
				Bangor Mental Health Institute means the parcel of land bounded as follows:
a. on the WEST, by a line running from State
				Street just east of the Ronald McDonald House northerly to Mt. Hope
				Avenue;
b. on the NORTH, by Mt.
				Hope Avenue, on a line running easterly to the east side of the Mt. Hope Avenue
				entrance at the northwest comer of land occupied by the Southern Penobscot
				Vocational School;
c. on the EAST,
				around the Southern Penobscot Vocational School property and southerly along
				Hogan Road to the intersection of Hogan Road and State Street; and
d. on the SOUTH, by State Street, running
				westerly from there to the point of beginning near the Ronald McDonald
				House.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-D - PARKING AREAS AND PUBLIC WAYS

Current through 2024-29, July 17, 2024
1. Vehicle
				Identification
Decals will be issued to each employee of any State agency on
				  the BMHI campus. They are to be located on the lower inside right-hand corner
				  (passenger side) of the windshield. Changes in vehicles must be reported and
				  new decals must be secured for new vehicles. Decals will be issued by either
				  the BMHI Safety Department or the BMHI Switchboard. Each employee is held
				  responsible for filing a description and plate number of the vehicle used and
				  parked on State grounds at BMHI. It is the employee's responsibility to obtain
				  a decal and place it on the windshield as described above. If an employee
				  objects to displaying the decal on the windshield, it may be placed on the sun
				  visor on the passenger side. However it is the employee's responsibility to
				  ensure that the sun visor is down when the vehicle is parked on BMHI property
				  so the decal is clearly visible.
The decal colors for BMHI employees are green and white,
				  while the decal colors for employees of the other State agencies are green and
				  yellow.
2. Designated
				Parking Areas
a. Main Parking: This parking
				area is located in front of the old Pooler Pavilion. This is the primary
				parking area for all people.
b.
				Laundry.
c. State Office Complex
				(H-Building).
d. B-Building: This
				are is restricted for use to visitors, handicapped, State vehicles, and 11pm to
				7am shift BMHI staff. Parking in this area is prohibited to all other
				employees.
e. POA Parking: This
				parking area is located in the west side of the New Pooler Pavilion.
f. Halfway Houses.
g. Hedin Hall.
h. Pre-Release Center.
Certain parking spaces are designated for special purposes,
				  e.g., handicapped parking, loading/unloading zone.
The designated parking areas my be altered during the snow
				  removal season, i.e., November 1 through April 15.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-E - ENFORCEMENT

Current through 2024-29, July 17, 2024
1. Citations and Fines: A citation for
				violations of these rules will be issued to the operator/owner of the vehicle.
				The amount of the fine will be as stipulated in 34­B MRSA § 1411.
2. Towing: Towing of a vehicle may
				be authorized when the nature of the violation is deemed serious by the Safety
				Department. An attempt to contact the owner of the vehicle will be made before
				towing is requested. The cost of towing is the responsibility of the vehicle's
				owner.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 20 - PARKING AREAS & PUBLIC WAYS AT BANGOR MENTAL HEALTH INSTITUTE › Section 191-20-F - NOTICE

Current through 2024-29, July 17, 2024
This rule is promulgated pursuant to the Maine Administrative
				  Procedures Act with published notification and opportunity for interested
				  parties to present comments during a public comment period.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 40 - REQUIREMENTS FOR FUNDING SERVICES › Section 191-40-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
It is the intent of this rule to ensure that financial
				  resources are used efficiently and effectively to provide services to the
				  greatest number of people possible. In this regard the Department intends to
				  maximize the use of available non-General Fund financial resources.
This rule applies to all persons who apply for services
				  funded or licensed by the Department or from the Department directly and to
				  providers who seek Departmental funds. Individuals must take all reasonable
				  steps to obtain financial support for which they may be eligible. This includes
				  applying for the benefits and providing the other benefit sources with
				  necessary information to determine eligibility for the benefits. Other benefits
				  for which the individual must apply include but are not necessarily limited to
				  Social Security, Medicaid (including Katie Beckett waiver), Medicare and
				  private insurance, as applicable.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 40 - REQUIREMENTS FOR FUNDING SERVICES › Section 191-40-II - DEFINITIONS

Current through 2024-29, July 17, 2024
"Commissioner" means the Commissioner of the Department of
				  Behavioral and Developmental Services or designee.
"Hearings Unit" means the State Administrative Hearings
				  Office chosen by DBDS to provide hearing officers to preside at appeals
				  hearings on Level III grievances and to make Recommendations to the
				  Commissioner for Final Agency Action.
"Other Benefit Sources"may include but are not necessarily
				  limited to Social Security, Medicaid, Medicare, private insurance, Child
				  Development Services (Title IV).
"Persons" include adult recipients of services or their
				  guardians if one has been appointed, and parents, guardians or custodians of
				  children who are recipients of services.
"Program Director" is the person designated as the manager of
				  Mental Health Services, the manager of Mental Retardation Services, the manager
				  of Children's Services or the Director of the Office of Substance Abuse, as
				  applicable.
"Services" includes any behavioral health or developmental
				  service provided by the Department under authority of statute or rule, or by a
				  provider under contract or agreement with the Department for which a cost is
				  realized or a fee is charged.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 191 - MENTAL HEALTH AND MENTAL RETARDATION - GENERAL › Chapter 40 - REQUIREMENTS FOR FUNDING SERVICES › Section 191-40-III - DEMONSTRATION OF APPLICATION FOR ALTERNATE FUNDING

Current through 2024-29, July 17, 2024
A. Upon First Referral/Request for Services
Persons who seek or are referred for services as defined
				  above must demonstrate eligibility or application for other benefit sources.
				  Persons who are eligible for or entitled to other benefits must utilize those
				  benefits.
Information documenting eligibility, or information necessary
				  to determine eligibility for other benefits sources must be furnished to
				  providers of services by the person referred for or requesting BDS services
				  within a reasonable period of time following the initial referral or request
				  for services.
Providers of services shall assist persons requesting
				  services in demonstrating eligibility or application for other benefit
				  sources.
Persons who must meet a deductible or spend down, or make
				  premium payments to be eligible, must comply with those requirements. Grant
				  funds may be used to the extent necessary to provide services while persons are
				  spending down or paying a deductible.
B. During the Provision of Services
Persons whose eligibility or entitlement for other benefits
				  changes during the course of service provision must take all reasonablesteps to
				  obtain benefits to which they are entitled or eligible. Persons who refuse to
				  make application for other benefits for which they may be eligible or entitled,
				  will be considered ineligible for services financed by General Fund resources
				  unless there is a clinically-based justification for the
				  refusal.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
The purpose of these rules is to articulate the rights of
					 recipients of mental health services so that these rights may be enhanced and
					 protected. Mental health service recipients should suffer no loss of basic
					 human or civil rights. Because of the exceptional circumstances under which
					 such patients are treated, however, the exercise of some rights may require
					 special safeguards. These rules, therefore, are intended to keep recipients'
					 rights paramount, to assure that individual rights will be both recognized and
					 protected during the course of service delivery, and to ensure treatment
					 consistent with ethical and professional standards. Procedural mechanisms that
					 exist to ensure enhancement of these rules include the licensing authority of
					 the Department of Behavioral and Developmental Services pursuant to
					  34-B M.R.S.A.
					 §1203-A, the grievance and complaint
					 procedures set forth in these rules, and the Department's contracting
					 authority.
Part A, Rules of General Applicability that apply to all
					 recipients, regardless of the treatment setting, should be read in conjunction
					 with either Part B (for inpatient or residential settings) or Part C (for
					 outpatient settings).
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-IV - LEAST RESTRICTIVE APPROPRIATE SETTING

Current through 2024-29, July 17, 2024
A. Recipients have the right to be treated in
				  the least restrictive appropriate setting to meet their needs.
B. Any restrictions or limitations in an
				  inpatient setting shall be determined and imposed pursuant to the Right to
				  Individualized Treatment and the Right to Informed Consent to
				  Treatment.
C. No recipient shall be
				  held in treatment against his or her will by policy, procedure or practice,
				  except by order of court or by emergency hospitalization procedures.
D. Agencies or facilities proposing persons
				  for commitment shall first fully consider less restrictive appropriate settings
				  and treatment modalities pursuant to 34-B M.R.S.A. §3864(5).
E. Involuntary hospitalization provisions
				  shall not be utilized only as a means to accomplish admission, to obtain
				  transportation, or for administrative reasons.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-V - NOTIFICATION OF RIGHTS

Current through 2024-29, July 17, 2024
A. Recipients have
				  the right to be notified of all rights accorded them as recipients of services,
				  by Maine statute, these rules, the Bates v. Duby Settlement Agreement, if
				  applicable, and associated policies.
B. At the time of admission or intake, or as
				  soon afterwards as is reasonably feasible, each recipient shall be informed, to
				  the extent possible, of his or her rights under these rules in terms that he or
				  she understands.
1. Such information shall be
				  given by an employee of the facility or program in a manner designed to be
				  comprehensible to die individual recipient.
2. In cases where the recipient does not
				  understand English or is deaf, the notification of right shall be conducted by
				  an interpreter.
3. If the
				  recipient's condition at admission or intake precludes understanding of his or
				  her rights, additional attempts to provide information about rights shall occur
				  and be documented.
4. Documentation
				  of the results of the discussion about rights shall be noted in the recipient's
				  permanent treatment record.
5.
				  Recipients shall be advised of their right to name a designated representative
				  or representatives to assist them to receive notices of meetings and to
				  participate at meetings. Recipients shall additionally be given information
				  regarding available advocacy and peer advocacy programs.
6. Recipients shall be further advised of
				  their rights pursuant to these rules and the Settlement Agreement in Bates v.
				  Duby, as applicable.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-VII - RIGHT TO DUE PROCESS WITH REGARD TO GRIEVANCES

Current through 2024-29, July 17, 2024
A. Recipients have the right to due process
				  with regard to grievances.
B.
				  Notwithstanding any other civil or criminal recourse that the person bringing
				  the grievance may have, the facility, agency, and/or Department shall afford
				  every reasonable opportunity for informal resolution of concerns or formal
				  resolution of grievances.
C.
				  Recipients or other persons may bring grievances regarding possible violations
				  of basic rights, including any rights enumerated in these rules and the
				  Settlement Agreement in Bates v. Duby or any other applicable law or
				  regulation; any questionable or inappropriate treatment or method of treatment;
				  or any policy or procedure or action, or lack thereof, of the mental health
				  agency or facility.
D. Persons who
				  may bring grievances include, but are not limited to:
1. The recipient;
2. The recipient's guardian;
3. The recipient's attorney, designated
				  representative or representative of the Office of Advocacy or the rights
				  protection or advocacy agency;
4.
				  Other persons specifically aggrieved.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-VIII - COMPLAINTS

Current through 2024-29, July 17, 2024
A. A written complaint may be filed by any
				  person or agency that is charged with investigating violations of client rights
				  or with delivering or monitoring mental health services. The complaint
				  procedure may be used when:
1. The person or
				  agency knows or has reason to believe that the practices, procedures (including
				  the development, substantive terms or implementation of ISP's or hospital
				  treatment and discharge plans) or policies of the Department or of any agency
				  licensed, funded or contracted by the Department to provide services elsewhere
				  described in these rules, violate these rules, the terms of the Settlement
				  Agreement in Bates v. Duby or any other applicable law or regulation;
				  and
2. The information was obtained
				  during the general course of the person's or agency's performance of their
				  responsibilities.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-IX - CONFIDENTIALITY AND ACCESS TO RECORDS

Current through 2024-29, July 17, 2024
A. Recipients
				  have the right to confidentiality and to access to their record.
B. All information regarding mental health
				  care and treatment shall be confidential except as otherwise provided
				  below.
C. A recipient or guardian
				  shall be notified, upon ad mission or intake to any mental health facility or
				  program of:
1. What records will be kept,
				  including any duplicate records;
2.
				  How the recipient may see those records;
3. Thy use to which the records will be
				  put;
4. What will happen to the
				  record after the recipient leaves the facility or program;
5. How to add information to
				  records;
6. How to obtain copies of
				  material in records; and
7. The
				  limits of confidentiality, as provided in J. below.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-X - FAIR COMPENSATION FOR WORK

Current through 2024-29, July 17, 2024
A. Recipients
				  have the right to be paid a fair wage for work done.
1. Each individual or agency subject to the
				  provisions of these regulations shall pay at least the minimum wage to each
				  recipient who performs work regardless of level of performance, regardless of
				  whether the work is considered therapeutic, and regardless of whether the
				  recipient replaces or would replace a non-recipient worker.
2. Agencies shall compensate any recipient
				  performing any work that is similar or identical to that performed by a
				  non-recipient employee at the rate at which the non-recipient employee is
				  compensated.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part A - RULES OF GENERAL APPLICABILITY › Section 193-1-A-XI - PROTECTION DURING EXPERIMENTATION AND RESEARCH

Current through 2024-29, July 17, 2024
A. Recipients have the right to refuse to
				  participate in experimentation and research without loss of services.
B. All participation in experimentation and
				  research shall be voluntary with full written informed consent, except as
				  provided in these rules.
C. A
				  recipient's refusal to participate in a research project or an experimental
				  activity shall not be cause for denying the provision of indicated services to
				  that recipient.
D. Definitions
1. Experimentation and research
a. Experimentation and research means the use
				  of any medical, behavioral, or environmental intervention involving practices
				  not commonly accepted by the discipline involved.
b. Experimental drug use means:
i. the use of any Food and Drug
				  Administration non-approved drug.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 193-1-B-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
These rules [Part B] are applicable to all inpatient
					 psychiatric units and hospitals and to all residential facilities providing
					 mental health treatment to recipients. Individualized support planning for
					 recipients in residential settings shall be governed by Section C.III,
					 Individualized Support Planning Process.
Part B should be read in conjunction with Part A, Rules of
					 General Applicability.