Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113) › Level IV - Residential Care Facilities › Section 144-113-IV-9 - Scope of Licenses

Current through 2024-29, July 17, 2024
9.1
Beds to
				  be located in distinct part of facility
. In facilities providing more
				  than one licensed level of care, assisted living services must be provided in a
				  physically distinct part of the facility. An independent building, floor or
				  wing containing only Level IV beds may constitute a distinct part. Several beds
				  physically proximate to one another, such as all beds on one side of a corridor
				  or on one level of a hall, may qualify as a distinct part, but such
				  determination must be made by the Department upon written request prior to the
				  operation of such a distinct part. The Department will approve the request only
				  if it is shown that such a distinct part will comply with all laws and
				  regulations and no other reasonable alternatives are available.
9.2
Resident care limitations
.
9.2.1
Application of admission
				  criteria
. The facility shall determine whether each resident admitted to
				  the facility meets the admission criteria in accordance with Section 3.4.2 and
				  shall not refuse admission if these criteria are met, except as provided below.
				  If, upon reasonable inquiry, it is determined that the individual meets the
				  admission criteria but requires professional or skilled services beyond those
				  assisted living services described in Section 2.11, the facility may admit the
				  resident provided the nursing needs of the resident can be met. Registered and
				  licensed nurses employed in or operating a Level IV facility, home health
				  nurses and nurses in private practice whose services to residents exceed those
				  described as assisted living services may not delegate those nursing duties,
				  such as ongoing observation and assessment, to unlicensed assistive personnel
				  employed by the facility.
9.2.2
Evacuation capabilities
. Each facility will receive a rating from
				  the Office of State Fire Marshal as follows: prompt, slow or impractical. These
				  ratings are based on the building's features and systems, as required by the
				  applicable chapter of the NFPA 101 Life Safety Code, and as further defined in
				  Section 3.4.3. To comply with each facility's rating, the facility:
9.2.2.1 May inquire into the applicant's
				  ability to comply with evacuation standards applicable to the residence,
				  provided such inquires are made of all applicants.
9.2.2.2 Shall comply with Section 5.26 when
				  applicants or residents, due to disability, cannot demonstrate that they are
				  able to evacuate the facility in accordance with the facility's
				  rating.
9.2.3
Other permissible exclusions
. Nothing in these rules requires that a
				  facility admit any person whose tenancy would constitute a direct threat to the
				  health or safety of other individuals, any person whose tenancy would result in
				  substantial physical damage to the property of the facility or those persons
				  living in or working in the facility, or those persons who cannot meet the
				  admission criteria or tenancy obligations in spite of the provision of
				  reasonable accommodation and modification as required by Section
				  5.26.