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) › Assisted Living Programs › Section 144-113-4 - 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
				  consumers 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 services;
				  or
4.2.7 Any time the department
				  has probable cause to believe that an assisted living 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) › Assisted Living Programs › Section 144-113-5 - Consumer Rights

Current through 2024-29, July 17, 2024
5.1
Consumer
				  rights
. The assisted living program shall promote and encourage
				  consumers 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 consumer has the right to select the provider of
				  his/her choice.
[Class IV]
5.3
Rights regarding transfer and
				  discharge
. Each consumer has the right to continued residence whenever a
				  valid contract for services is in force. The assisted living program must show
				  documented evidence of strategies used to prevent involuntary transfers or
				  discharges. A consumer shall not be transferred or discharged involuntarily,
				  except for the following reasons:
5.3.1 When
				  there is documented evidence that a consumer has violated the admission
				  contract obligations, despite reasonable attempts at problem resolution;
[Class IV]
5.3.2 A
				  consumer's continued tenancy constitutes a direct threat to the health or
				  safety of others;
[Class IV]
5.3.3 A consumer's intentional behavior has
				  resulted in substantial physical damage to the property of the assisted living
				  program or others residing in or working there;
[Class
				  IV]
5.3.4 A consumer has
				  not paid for his/her services in accordance with the contract between the
				  assisted living program and the consumer;
[Class IV]
5.3.5 When there is documented evidence that
				  the assisted living program cannot meet the needs of the consumer 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) › Assisted Living Programs › Section 144-113-6 - Alzheimer's/Dementia Unit Standards

Current through 2024-29, July 17, 2024
6.1
Alzheimers'/Dementia Care Units
. A building or unit may be designated as
				  an Alzheimers'/Dementia Care Unit if the following regulations are met and the
				  assisted living program 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 consumer'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 assisted living program 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) › Assisted Living Programs › Section 144-113-8 - Verification of Credentials

Current through 2024-29, July 17, 2024
8.1
Licensed
				  Staff.
Prior to employing licensed staff, the assisted living program
				  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 assisted living program 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/consumer 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
				  2.53 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) › Assisted Living Programs › Section 144-113-9 - Scope of Licenses

Current through 2024-29, July 17, 2024
9.1
Change
				  in level of services
. No Assisted Living Program may provide services in
				  excess of those permitted by its license. When a licensed Type 1 Assisted
				  Living Program applies to be licensed as a Type 2 program that provides nursing
				  services, a modified application process is used. The provider must contact the
				  Department in writing and provide such additional information as may be
				  requested in order to assess the provider's capacity to deliver nursing
				  services under a Type 2 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) › Assisted Living Programs › Section 144-113-10 - Consumer Records

Current through 2024-29, July 17, 2024
10.1
Individual records required
. For each consumer receiving assisted living
				  services, the program must develop and maintain individual records that
				  include, but are not limited to, the following:
10.1.1 Name, address, mailing address (if
				  different) and telephone number;
10.1.2 Name, address and telephone number of
				  a person to contact in an emergency;
10.1.3 A functional assessment and
				  reassessments;
10.1.4 A service
				  plan;
10.1.5 A dated release of
				  information authorization; and
10.1.6 Documented proof of legal
				  representation.
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) › Assisted Living Programs › Section 144-113-11 - Qualifications, Training and Responsibilities

Current through 2024-29, July 17, 2024
11.1
Operating standards.
The licensee shall operate in compliance
				  with all applicable laws and regulations, consistent with the standard of
				  conduct that a reasonable and prudent person would observe in the same
				  situation.
11.2
Minimum age.
The chief executive officer of the licensee shall be at least twenty-one
				  (21) years of age.
11.3
Criteria.
The licensee and administrator shall demonstrate their
				  willingness and ability to operate and manage the assisted living program with
				  regard for the best interests of consumers. In making this determination, the
				  Department shall consider each of the following factors to the extent that they
				  are relevant to the proposed program, ownership interest and/or employment:
11.3.1 Record and reputation for honest and
				  lawful conduct in business and personal situations. The provider shall, as part
				  of the license application and renewal process, authorize the Department to
				  review the records of professional licensing boards or registers and any
				  criminal record, child protective record or adult protective record necessary
				  to determine compliance with these rules.
11.3.2 Financial viability, including but not
				  limited to, a history of timely payment of employee federal withholding taxes,
				  a good credit rating from an appropriate agency and/or financial institution,
				  capability of obtaining financing for working capital.
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) › Assisted Living Programs › Section 144-113-12 - Services and Service Coordination

Current through 2024-29, July 17, 2024
12.1
Services
. The following services must be offered:
12.1.1 Service coordination to identify a
				  consumer's need and desire for services and to coordinate the appropriate types
				  and amounts of services, as identified in the service plan. This activity is to
				  be carried out with the involvement of the consumer, the service provider and
				  other persons of the consumer's choice, as applicable. Service coordination
				  includes:
12.1.1.1 Completing the functional
				  assessment and reassessments;
12.1.1.2 Coordinating and participating in a
				  health professional's assessment or reassessment as necessary;
12.1.1.3 Reviewing, with the consumer, the
				  findings of the functional assessments, the options available to address the
				  consumer's needs and the development of a service plan;
12.1.1.4 Implementation of a service
				  plan;
12.1.1.5 Monitoring of the
				  consumer's needs and services furnished, as often as necessary;
12.1.1.6 Advocating on behalf of the
				  consumer; and
12.1.1.7 Maintaining
				  complete and accurate consumer records.
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) › Assisted Living Programs › Section 144-113-13 - Dietary Services

Current through 2024-29, July 17, 2024
13.1
Food
				  Safety.
An Assisted Living Program site with a community kitchen must
				  have a valid license from the Department of Health and Human Services, Division
				  of Health Engineering. Meals prepared off-site must be prepared by an
				  appropriately licensed provider.
13.2
Consumer participation in meal
				  planning
. Consumers shall be encouraged to participate in food
				  planning.
13.3
Meals
.
				  Food shall be served at the proper temperatures.
13.4
Registered dietitian
. A
				  registered dietitian shall be required to sign off annually on menus and menu
				  cycles.
13.5
Planned
				  menus
. Menus shall be planned in accordance with consumers' needs and
				  preferences.
13.6
Therapeutic diets
. Therapeutic diets are considered treatments and shall
				  be ordered, in writing, by a duly authorized licensed practitioner. Menus for
				  medically prescribed therapeutic diets shall be planned, in writing, and
				  approved by a registered dietitian.
13.7
Food supplies.
For
				  Assisted Living Programs that prepare meals on-site, 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.
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) › Assisted Living Programs › Section 144-113-14 - Physical Plant and Sanitation

Current through 2024-29, July 17, 2024
14.1
Applicable standards
. Buildings containing an Assisted Living Program
				  must comply with all applicable local, state and federal rules and regulations
				  regarding building safety, fire safety, handicapped accessibility and fair
				  housing practices. When codes conflict, the higher standard shall
				  apply.
14.2
Bathrooms
. Public bathrooms must be safe and sanitary.
14.3
Heat
. Heat needs to be
				  available and individually controlled in each apartment.
14.4
Water temperature
. The hot
				  water temperature for consumer use must be between 105°F. and 120°F.
				  and in adequate supply.
14.5
Lockable door
. Each apartment must have a lockable door to common
				  areas.
14.6
Food preparation
				  area
. Each apartment must have an area for the purpose of storing and
				  preparing food. This area must include, as a minimum, six (6) square feet of
				  clear countertop, a small refrigerator, bar-type sink, a cabinet for food
				  storage and either a two-burner stovetop or a microwave oven.
14.7
Private water supply
. A
				  private water supply shall be tested annually and a satisfactory result
				  obtained.
14.8
Garbage and
				  rubbish
. Pending removal, all refuse collected in common areas or from
				  consumer apartments shall be stored in cleanable, rodent-proof, covered
				  containers.
14.9
Insect and
				  rodent control
. There shall be no evidence of rodent or insect
				  infestation. All reasonable precautions will be taken in maintaining a safe,
				  sanitary and comfortable living environment in regards to controlling insects
				  and rodents.
14.10
Poisonous and toxic
				  materials
. When not in use, poisonous and toxic materials such as
				  cleaning solutions, compounds and other non-food supplies, shall be stored in
				  compartments which are used for no other purpose. They shall be separated from
				  the food storage and preparation areas, clean equipment, utensil storage rooms
				  and medication storage areas. Bactericides and cleaning compounds shall not be
				  stored in the same cabinet or area of the room with insecticides, rodenticides
				  or other poisonous materials. All containers must be properly labeled for
				  identification. This section does not apply to materials belonging to consumers
				  and stored in their apartments.
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) › Assisted Living Programs › Section 144-113-15 - Assisted Living Programs with Nursing Services (Type 2)

Current through 2024-29, July 17, 2024
15.1
License required
. Before
				  an assisted living program can provide nursing services directly or indirectly,
				  it must demonstrate to the Department's satisfaction the capacity to provide
				  nursing services and receive a Type 2 Assisted Living Program
				  license.
15.2
Nursing
				  services
. The assisted living program shall disclose whether it provides
				  nursing services, directly or indirectly, as follows:
15.2.1 Services of a Registered Professional
				  Nurse; and/or
15.2.2 Registered
				  Professional Nurse coordination and oversight of consumer care services
				  provided by unlicensed health care assistive personnel.
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) › Assisted Living Programs › Appendix 144-113-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) › Assisted Housing Programs: Infection Prevention and Control › Section 144-113-2 - Infection Prevention and Control

Current through 2024-29, July 17, 2024
A.
Infection Prevention and Control (IPC).
The facility must
				  establish, implement, and maintain an Infection Prevention and Control Plan
				  (IPCP) to control the transmission of infectious diseases amongst residents,
				  staff, visitors, and other individuals providing services under a contractual
				  arrangement.
A.1 The facility must
				  employ or contract with a person with certification or training in IPC to
				  oversee the development and implementation of the IPCP.
a. The certification or training must include
				  the following content areas, at a minimum:
i.
				  Standard precautions;
ii.
				  Transmission-based precautions;
iii. Respiratory protection; and
iv. Use of PPE and source control
				  measures.
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 - Residential Care Facilities › Section 144-113-I-1 - Purpose

Current through 2024-29, July 17, 2024
These rules establish minimum standards for the licensing
					 of Level I 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 I - Residential Care Facilities › 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
				  facilities
. No person, firm, partnership, association, corporation or
				  other entity shall manage or operate a Level I 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 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 Residential Care Facilities - $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 - Residential Care Facilities › 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 - Residential Care Facilities › 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 - Residential Care Facilities › Section 144-113-I-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 I - Residential Care Facilities › 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. 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 - Residential Care Facilities › 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 - Residential Care Facilities › 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.
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 - Residential Care Facilities › 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 - Residential Care Facilities › 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 - Residential Care Facilities › 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 f ire 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 - Residential Care Facilities › 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 - Residential Care Facilities › 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]
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 - Residential Care Facilities › Appendix 144-113-I-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 II - Residential Care Facilities › Section 144-113-II-1 - Purpose

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