Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 110 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND NURSING FACILITIES › Section 144-110-3 - Loss Of, Renewal Of, Temporary & Conditional License

Current through 2024-29, July 17, 2024
3.A.
Refusal to Issue a License
The Department shall refuse to issue a license to the
				  applicant covering the premises identified in the application, if it finds the
				  representation made in the application to be materially incorrect or
				  insufficient, or if it finds that the applicant, the premises, or the
				  designated administrator of the facility do not meet all requirements of law
				  and regulations. Any person who is aggrieved by the decision of the Department
				  in refusing to issue a license or the renewal of a license, may file a
				  statement or complaint with the Administrative Court designated in Title 5,
				  Chapter 375 M.R.S.A., Section8001
et seq
.
3.B.
Right of Entry and
				Inspection
The Department and any duly designated representative thereof
				  shall have the right to enter upon and into the premises of any facility
				  licensed pursuant to these rules and regulations at any time, without threat of
				  injury, verbal abuse or harassment, in order to determine the state of
				  compliance with the provisions of rules and regulations in force pursuant
				  thereto. Such right of entry and inspection shall extend to any premises which
				  the Department has reason to believe are being operated or maintained as a
				  health care facility without a license, but no such entry or inspection of any
				  premises shall be made without the permission of the owner or person in charge
				  thereof, unless a warrant is first obtained from the court of jurisdiction
				  authorizing the same. Any application for a license made pursuant to these
				  rules and regulations shall constitute permission for, and complete
				  acquiescence in, any entry or inspection of the premises for which the license
				  is sought in order to facilitate verification of the information submitted on
				  or in connection with such application. (Title 22, Section 1820-A )
3.C.
Renewal of
				License
At least twenty (20) days prior to the expiration of a
				  license to operate a facility, an application and the required fee for a
				  renewal thereof shall be submitted to the Department on a form approved by the
				  Department, and accompanied by such additional information as may be required.
				  Upon receipt and review of applications and determination of compliance with
				  the requirements of the State Statutes and any rules and regulations adopted
				  pursuant thereto, the Department shall renew such license for a period of one
				  year, unless it finds that there are specific and sufficient grounds either for
				  the denial of the application for renewal or for renewing the license on a
				  temporary or conditional basis.
3.D.
Temporary or Conditional
				License
If the Department finds that the immediate interests of the
				  residents in a licensed facility and the interest of the general public would
				  be best served by offering such facility the opportunity to correct a condition
				  forming the grounds for revocation of, or refusal to renew a license, it may
				  afford such opportunity. For such purposes, it may issue a temporary or
				  conditional license in accordance with Title 22, Section 1817.
3.E.
Suspension or
				Revocation of License
The Department may, in addition to any other rights or
				  remedies which it may have, file a statement or complaint with the
				  Administrative Court designated in Title 5, Chapter 375 M.R.S.A.,
				  Sections8001
et seq
., requesting suspension or revocation of
				  any license on the following grounds: Violation of Title 22, M.R.S.A., Maine,
				  1964, or the rules and regulations issued pursuant thereto; permitting, aiding
				  or abetting the commission of any illegal act in such institutions; conduct of
				  practices detrimental to the welfare of the residents or any other violation of
				  applicable law or regulation. Upon suspension or revocation of a license, the
				  license shall be immediately surrendered to the Department. The Department may
				  set forth the conditions which shall be met by the facility to the satisfaction
				  of the Department. (See Section 22 )
3.F.
Emergency Suspension
Whenever, on inspection by the Department, conditions are
				  found to exist which violate this chapter or departmental regulation issued
				  thereunder which, in the opinion of the Court, immediately endanger the health
				  or safety of patients, or both such health or safety, in any of such
				  institutions to such an extent as to create an emergency, the Department by its
				  duly authorized agents, may suspend said license until such time as the
				  Department determines that the emergency no longer exists or until a decision
				  is rendered by the Administrative Court. The Department shall give written
				  notice of such emergency suspension by delivering notice in hand to the
				  licensee. If the licensee cannot be reached for personal service, the notice
				  may be left at the licensed premises with a licensed staff person. Whenever a
				  license is suspended by the Department under this emergency provision, the
				  Department shall file a complaint with the Administrative Court requesting
				  suspension or revocation of such license. (See Section 22)
3.G.
Public Notice
If the license is revoked or suspended, or a conditional
				  license is voided, the Department will advise the public of such action. The
				  notice to the public will be in the form of a paid legal notice in the local
				  newspaper(s), published within fifteen (15) days following the termination,
				  suspension or revocation of the license.
3.H.
Involuntary Closing of a Licensed
				Facility
If the license is revoked or suspended, or a conditional
				  license is voided, or the Department refuses to issue or renew a license, the
				  facility shall, in consultation with the Department, make appropriate
				  arrangements for the orderly transfer of all residents.
3.I.
Voluntary Closing of a Licensed
				Facility
Whenever a licensed facility voluntarily discontinues
				  operation, the facility shall notify the Department, and during the period when
				  it is preparing for such discontinuance, the facility shall inform the
				  resident, the next of kin, legal representative or agency acting on the
				  resident's behalf of the fact and the proposed time of such discontinuance,
				  with at least thirty (30) days notice so that suitable arrangements may be made
				  for the orderly transfer and care of such resident. In the case of any resident
				  who has no person acting on his/her behalf, the facility shall be responsible
				  for assisting such resident to arrange for a suitable transfer prior to the
				  discontinuance of operation. Immediately upon discontinuance of operation of a
				  licensed facility, the owner shall surrender the license to the
				  Department.