reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-3 - REPORTING TO ADULT PROTECTIVE SERVICES CENTRAL INTAKE

Current through 2024-29, July 17, 2024
1. Who Reports
A. Mandated Reporters must report to the
				Department known or suspected Abuse, Neglect, or Exploitation or the
				substantial risk thereof.
B. In
				addition to Mandated Reporters, any other individual may report known or
				suspected Abuse, Neglect, or Exploitation or the substantial risk thereof to
				the Department.
No individual may impede or inhibit a Mandated Reporter's
				  report of known or suspected Abuse, Neglect, or Exploitation or the substantial
				  risk thereof to the Department. No employer, supervisor, manager, or associate
				  of a Mandated Reporter may require a Mandated Reporter to seek or receive
				  permission to report known or suspected Abuse, Neglect, or Exploitation or the
				  substantial risk thereof prior to reporting. A supervisor or administrator of a
				  person making a report may not impede or inhibit the reporting, and a person
				  making a report may not be subject to any sanction for making a report.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-4 - APS CENTRAL INTAKE

Current through 2024-29, July 17, 2024
1. Documentation
APS Central Intake shall document in the electronic APS
				  system all Reports received through APS Central Intake, including the
				  information provided by the Reporter in accordance with Section 1.03(2)(B) of
				  this Rule.
2. Review
APS Central Intake shall review the documented Report to
				  determine whether APS has jurisdiction to investigate the allegation(s) and to
				  make a determination.
3.
				Determination
APS Central Intake shall determine whether the Report is to
				  be assigned for APS
Investigation or closed without an APS Investigation on a
				  case-by-case basis. Intake staff shall use the information obtained from the
				  Reporter and information otherwise available or known to Intake staff to make
				  such a determination. APS Central Intake's reasoning shall be
				  documented.
All APS Reports that are not closed by Central Intake shall
				  be assigned for APS Investigation or, referred to DLC for investigation, in
				  accordance with 22 M.R.S. §§ 1812-G, 1812-J.
4. Report Closure
A Report shall be closed without an APS Investigation when
				  APS Central Intake determines that one or more of the following circumstances
				  exists based on the information provided by the Reporter:
A. The Report lacks information outlining
				allegations that could reasonably meet the definition of Abuse, Neglect, or
				Exploitation or the substantial risk thereof,
B. The Report lacks information indicating
				the client involved meets the definition of Incapacitated or Dependent Adult in
				Maine
C. No action can be taken by
				APS under the circumstances.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-5 - APS INVESTIGATIONS

Current through 2024-29, July 17, 2024
1. Prioritization
Any Report that is assigned for APS Investigation shall be
				  prioritized according to the potential risk or danger faced by the
				  Incapacitated or Dependent Adult based on the information provided by the
				  Reporter and information otherwise available or known to OADS.
A. Based on prioritization, an APS
				Investigation may begin on the date the Report is received through APS Central
				Intake and will begin no later than five (5) business days from the date the
				Report is received.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-6 - CASEWORK

Current through 2024-29, July 17, 2024
1. APS shall take appropriate action,
				including, if appropriate, providing or arranging for the provision of
				appropriate services through existing programs available to the Incapacitated
				or Dependent Adult and for which such adult is medically and financially
				eligible, to support his or her health and safety, throughout the course of an
				APS Investigation and at the time the APS Investigation is concluded.
2. Where APS has determined that a
				guardianship/conservatorship study must be conducted because of an APS
				Investigation, APS shall determine the type of guardianship (or
				conservatorship) to be sought and proceed accordingly as soon as possible.
A. A guardianship/conservatorship study shall
				include analysis of relevant history and assessment information to determine
				necessity of guardianship, which may include but is not limited to criminal
				history, living (habitation) history, medical history and present condition,
				financial history, social interactions in the Incapacitated Adult's
				environment, and family (relatives who support the member)
				information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-8 - SUBSTANTIATION REGISTRY

Current through 2024-29, July 17, 2024
1. Applicability
Any individual who cares for, supports or provides services
				  to an Incapacitated or Dependent Adult (whether on a full, intermittent, or
				  occasional basis) and is found Substantiated by APS and knew of the adult's
				  dependence or incapacity is subject to the substantiation process described
				  herein. An individual who cares for, supports, or provides services to an
				  Incapacitated or Dependent Adult is deemed to have knowledge of the adult's
				  dependency or incapacity; proof of actual knowledge of the individual's
				  Incapacitated or Dependent status shall not be required.
2. Notice and Appeal Rights
A. Written Notice
1. When APS issues a Substantiation against
				an individual applicable to this section the individual shall be notified in
				writing of the Substantiation and the potential consequences of a
				Substantiation.
2. A Substantiation
				notice shall be accompanied by a written notice to the individual of the right
				to appeal the Substantiation finding to the Division of Administrative
				Hearings. The written notice shall include a summary of the Substantiation
				findings, information on the appeal process, and information on the right to
				request an expedited hearing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-15 - ADULT PROTECTIVE SERVICES: GUARDIANSHIP/CONSERVATORSHIP

Current through 2024-29, July 17, 2024
15.01
PUBLIC GUARDIANSHIP AND
				CONSERVATORSHIP: INTRODUCTION
(A)
Authorization.
DHHS OES is authorized by state law to act as
				public guardian and/or conservator for adults who are adjudicated incapacitated
				for reasons other than mental retardation. The authority of the public
				appointment rests with the Commissioner of DHHS who may delegate this authority
				to qualified Department staff. Adults with mental retardation or autism in need
				of guardianship or conservatorship will be referred to DHHS, Office of Adult
				with Physical and Cognitive Disabilities.
(B)
Intent
. Public guardianship
				appointments are made to provide continuing care and supervision of
				incapacitated adults, and public conservatorship appointments are made to
				protect, preserve, manage and apply estates of incapacitated adults, when it
				has been determined that no suitable private guardian or conservator is
				available and willing to assume responsibilities for such service.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-30 - AREA AGENCIES ON AGING

Current through 2024-29, July 17, 2024
30.01
DESIGNATION
Area Agencies on Aging (AAA's) are public or private
				  nonprofit agencies or organizations designated by the Bureau of Elder and Adult
				  Services, in accordance with Section 305(a)(2)(A) of the Older Americans Act,
				  to receive grants or contracts to build a comprehensive system of services for
				  older people in a designated Planning and Service Area (PSA).
(A)
Application for Designation.
Any unit of local government or Indian tribal organization that applies for
				designation as a planning and service area will be subject to the following
				policy:
(1) Any Indian tribal organization as
				defined in Section 102(7) of the Older Americans Act or unit of local
				government seeking designation as a planning and service area (PSA) must submit
				an application in writing to the Bureau of Elder and Adult Services that
				includes:
(a) Description of organization
				requesting a change in the PSA;
(b)
				Clear statement of reasons that the organization seeks to have a change in the
				PSA; and
(c) Explanation of how the
				views of older citizens and public officials were taken into account.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-40 - GENERAL ADMINISTRATIVE REQUIREMENTS FOR ALL PARTIES

Current through 2024-29, July 17, 2024
40.01
RESPONSIBILITY OF AAA, SERVICES
				PROVIDERS AND AUTHORIZED AGENTS OF THE BUREAU OF ELDER AND ADULT SERVICES WHEN
				DENYING, REDUCING OR TERMINATING BUREAU OF ELDER AND ADULT SERVICES FUNDED
				SERVICES PURSUANT TO THIS POLICY MANUAL.
(A)
Notice of Intent to Deny, Reduce or
				Terminate Services.
When a AAA, service provider or authorized agent of
				the Bureau of Elder and Adult Services decides to deny or terminate eligibility
				or to reduce covered services to a consumer pursuant to this policy manual, the
				consumer must be given written notice.
(1)
				Specific information that must be included in these notices include:
(a) A statement of the intended
				action;
(b) An explanation of the
				action being taken;
(c) The
				effective date of the action;
(d)
				An explanation of when and how to request a hearing before the Office of
				Administrative Hearings as provided for in Section 40. 02 of this
				Manual;
(e) The name, address and
				telephone number of the person to be contacted to request a hearing;
(f) A list of selected legal assistance
				providers and advocacy agencies available to assist the consumer; and
(g) An explanation of the circumstances under
				which services will continue if a hearing is requested.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-63 - HOME-BASED SUPPORTS AND SERVICES FOR OLDER AND DISABLED ADULTS

Current through 2024-29, July 17, 2024
63.01
INTRODUCTION
Home Based Supports and Services (HBSS) for Older and
				  Disabled Adults is a state funded program to provide long term care services to
				  assist eligible Consumers to avoid or delay institutionalization. Provision of
				  these services is based on the availability of funds. State funds furnished
				  through 22 M.R.S. §§7301-06,
				  21-23 and
				  34-B
				  M.R.S. §5439 may not be used to supplant
				  the resources available from families, neighbors, agencies and/or the Consumer
				  from other federal or state programs unless specifically provided for elsewhere
				  in this Section. State HBSS funds shall be used to purchase only those covered
				  services that are essential to assist the Consumer to avoid or delay
				  institutionalization and which will foster independence, consistent with the
				  Consumer's circumstances and the Authorized Plan of Care. This program supports
				  Consumer choice, Consumer direction, flexibility, as well as Consumer
				  responsibility in the provision of these services.
All provisions of this rule are routine technical,
				  except for the Consumer Payments provision (Section
				  63.12) which is a major substantive
				  rule provision pursuant to
				  34-B
				  M.R.S. §
												5439(9).
63.02
DEFINITIONS
63.02-1
Activities of Daily Living
				(ADLs)
are basic activities of self-care performed by individuals on a
				daily or frequent basis necessary for independent living and may include
				activities such as:
A.
Bed
				Mobility
: How a person moves to and from lying position, turns side to
				side, and positions body while in bed;
B.
Transfer
: How a person moves
				between surfaces to/from: bed, wheelchair, standing position (excluding to/from
				bath/toilet);
C.
Locomotion:
How a person moves between locations, in room and
				other areas. If in wheelchair, self-sufficiency once in chair;
D.
Eating
: How a person eats and
				drinks (regardless of skill);
E.
Toilet Use
: How a person uses the toilet room (or commode, bedpan,
				urinal), transfers on/off toilet, cleanses, changes pad, manages ostomy or
				catheter, adjusts clothes;
F.
Bathing
: How a person takes full-body bath/shower, sponge bath and
				transfers in/out of tub/shower (exclude washing of back and hair);
				and
G.
Dressing
: How a
				person puts on, fastens, and takes off all items of street clothing, including
				donning/removing prosthesis.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-64 - LEGAL ASSISTANCE

Current through 2024-29, July 17, 2024
64.01
AWARD
				OF FUNDS
The Bureau of Elder and Adult Services and each AAA shall
				  award funds for the provision of legal services for older people. The provider
				  must be either an organization under the Legal Services Corporation Act,
				  42 U.S.C.A.
				  Section 2996 et seq., or an organization that
				  has a legal services program or the capacity to develop one. Legal services
				  providers must meet the standards set forth in Section 307(a)(15) of the Older
				  Americans Act and in
				  45 CFR Section
				  1321.71.
(A)
Scope of Services.
Legal
				assistance shall include:
(1) Research,
				advice and counseling regarding legal rights;
(2) Representation before courts,
				administrative agencies, and other government bodies;
(3) Assistance in dispute resolution,
				including negotiation;
(4) Drafting
				of legal documents;
(5) Assistance
				in securing alternative legal assistance or other appropriate
				services;
(6) Technical assistance
				to advocates on legal questions regarding legal rights of older
				persons.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-66 - NATIONAL SENIOR SERVICE CORPORATION

Current through 2024-29, July 17, 2024
66.01
BUREAU OF ELDER AND ADULT SERVICES ADMINISTERED FUNDS FOR NSSC
The Bureau of Elder and Adult Services administers funds for
				  the purpose of expanding volunteer opportunities for older persons in the
				  National Senior Service Corporation (NSSC). State funds for NSSC are
				  distributed as described in Section 10.04(F) of this manual to programs
				  designated by the Corporation for National Service as NSSC programs by receipt
				  of Domestic Volunteer Services Act funds.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-67 - OUTREACH, INTAKE, AND INFORMATION & ASSISTANCE/REFERRAL

Current through 2024-29, July 17, 2024
67.01
PURPOSES
Each Area Agency on Aging (AAA) must provide outreach,
				  intake, and information &assistance/referral services to maintain vital
				  links between consumers and needed services.
(A)
Outreach.
The purpose of
				outreach is to seek out and identify older people to inform them of and
				encourage them to use existing services and benefits.
(B)
Intake.
The purpose of
				intake is to gather information about the consumer in order to determine needs
				and provide appropriate information and resources.
(C)
Information &
				Assistance/Referral.
The purpose of information &
				assistance/referral is to provide individuals with information on services
				available; link consumers to the services and opportunities that are available;
				and to the maximum extent practicable, provide follow-up.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-70 - SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP)

Current through 2024-29, July 17, 2024
The primary purposes of an SCSEP project are to provide
				  useful part-time community service training assignments for persons with low
				  incomes who are 55 years old or older and to provide useful community services
				  while promoting transition to unsubsidized employment.
70.01
Requirements of
				Subgrantees.
Bureau of Elder and Adult Services subcontracts with
				non-profit agencies, referred to as subgrantees, who hire, supervise and train
				SCSEP participants. The Bureau's subgrantees are to provide the following to
				eligible individuals:
(A) An hourly wage no
				more than the higher of the Federal or State minimum wage. A subgrantee may
				choose to supplement the wages of a participant with other funds, but the
				supplement cannot be used as match;
(B) skill acquisition or skill enhancement
				opportunities;
(C) periodic
				physical examinations;
(D) personal
				and employment related counseling;
(E) assistance in transition to unsubsidized
				employment where feasible; and
(F)
				workers' compensation coverage and Social Security withholding.
Subgrantees will also conform to training site
				  responsibilities described in the SCSEP Handbook provided by Bureau of Elder
				  and Adult Services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-71 - CERTIFICATE OF NEED FOR NURSING FACILITY LEVEL OF CARE PROJECTS

Current through 2024-29, July 17, 2024
71.01
INTRODUCTION
These rules are promulgated pursuant to
				  22 M.R.S.A.
				  §342, which authorizes the Department to
				  adopt rules, regulations, standards, criteria, plans or procedures that may be
				  necessary to carry out the provisions of Maine's Certificate of Need (CON)
				  Program. These rules apply to projects involving nursing facilities, including
				  but not limited to creation of new nursing facility services, replacement
				  facilities, building modifications, financing, capital expenditures, changes in
				  ownership and control, and creation of new health services by nursing
				  facilities, as will be described more fully below. All other projects requiring
				  CON are referred to, or may be acted upon jointly with, the Bureau of Medical
				  Services. The purpose of the CON program is to determine whether projects
				  falling within the scope of CON meet the statutory criteria for which a CON may
				  be granted.
The purpose of CON is to:
(A) Support effective health
				planning;
(B) Support the provision
				of quality health care in a manner that ensures access to cost effective
				services;
(C) Support reasonable
				choice in health care services while avoiding excessive duplication;
(D) Ensure that state funds are used
				prudently in the provision of health care services;
(E) Ensure public participation in the
				process of determining the array, distribution, quality, quantity and cost of
				these services;
(F) Improve the
				availability of health care services throughout the State;
(G) Support the development and availability
				of health care services regardless of the consumer's ability to pay;
				and
(H) Seek a balance, to the
				extent a balance assists in achieving the purposes of this subsection, between
				competition and regulation in the provision of health care.
(I) Promote the development of primary and
				secondary preventive health care services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-72 - CONTINUING CARE RETIREMENT COMMUNITIES

Current through 2024-29, July 17, 2024
72.01
GENERAL REQUIREMENTS FOR PRELIMINARY CERTIFICATE OF APPROVAL.
In order for any person to receive a preliminary certificate
				  of authority to operate a Continuing Care Retirement Community, in accordance
				  with 24A M.R.S.A. Chapter 73, the Department must certify to the superintendent
				  of the Bureau of Insurance:
(A)
				Whether the applicant complies with 24A M.R.S.A. §6203(F)(1) to
				(3);
(B) Whether the applicant has
				applied for any or all licenses or permits required by the Department for
				health care services, home health care services and supportive services planned
				to be provided;
(C) Whether a
				certificate of need, pursuant to Section
				71, is required, and if so, whether the
				preliminary report indicates approval;
(D) Whether the services proposed under the
				continuing care agreement not otherwise reviewed under certificate of need are
				adequate; and
(E) Whether the
				provider has demonstrated the willingness and potential ability to ensure that
				the health care services or supportive services, or both will be provided in a
				manner to ensure availability, accessibility and continuity of
				services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-73 - Personal Care Assistance for Severely Physically Disabled Adults

Current through 2024-29, July 17, 2024
replaced by 14-197 Ch. 11, Consumer Directed Personal
					 Assistance Services - see the link below
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-75 - FAMILY CAREGIVER SUPPORT PROGRAM

Current through 2024-29, July 17, 2024
75.01
DEFINITIONS
(A)
Child
means an individual who is not more than eighteen (18) years
				of age.
(B)
Older
				Individual
means an individual who is 60 years of age or
				older.
(C)
Family
				Caregiver
means an adult family member, or another individual, who is an
				informal caregiver provider of in-home and community care to an older
				individual.
(D)
Grandparent
				or Older Individual Who is a Relative Caregiver
means a grandparent or
				step grandparent of a child, or a relative of a child by blood or marriage, who
				is sixty (60) years of age or older and
(1)
				lives with the child;
(2) is the
				primary caregiver of the child because the biological or adoptive parents are
				unable or unwilling to serve as the primary caregiver of the child;
				and
(3) has a legal relationship to
				the child, such as legal custody or guardianship or is raising the child
				informally.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.01 - INTRODUCTION

Current through 2024-29, July 17, 2024
This Section establishes Maine's Nutrition Services Program
					 (NSP) pursuant to the Older Americans Act (OAA) (42 U.S.C. §§
											3001,
et seq.
). Maine's NSP
					 assists adults in remaining healthy and active in their communities and in
					 avoiding premature or inappropriate institutionalization by providing nutrition
					 services to adults with the greatest social and economic need, with attention
					 to people who are low-income Older Individuals, low-income minority Older
					 Individuals, Older Individuals with limited English proficiency, and Older
					 Individuals residing in Rural Areas. Maine's NSP includes Congregate Nutrition
					 Services, Home Delivered Nutrition Services, Nutrition Counseling, and the
					 Nutrition Services Incentive Program (NSIP).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.02 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Activities of Daily Living
are tasks that are essential to a person's daily living, including bathing,
				  dressing, toileting, transferring, continence, and feeding as defined by the
				  State Performance Report for State Units on Aging, Appendix A: Data Element
				  Definitions, Version 2.0 (OMB Control Number 0985-0072).
2.
Area Agency on Aging (AAA)
means an entity designated pursuant to
				  42 U.S.C. §
											3025(a)(2)(A) of the Older
				  Americans Act or a State agency performing the function of an area agency on
				  aging pursuant to 42 U.S.C.
				  §
											3025(b)(5).
3.
At Risk for
				  Institutionalization
as defined by
				  42 U.S.C. §
											3002(9), means, with respect
				  to an Older Individual, that such individual is unable to perform at least 2
				  Activities of Daily Living without substantial assistance (including verbal
				  reminding, physical cuing, or supervision) and determined by the State involved
				  to be in need of placement in a long-term care facility.
4.
Caregiver
means an individual
				  who has the responsibility for the care of an Older Individual, either
				  voluntarily, by contract, by receipt of payment for care, or as a result of the
				  operation of law and means a family or other individual who provides (on behalf
				  of such individual or of a public or private agency, organization or
				  institution) compensated or uncompensated care to an Older Individual as
				  defined by 42 U.S.C. §
											3002(18)(B).
5.
Congregate Meal
as defined by
				  the State Performance Report for State Units on Aging, Appendix A: Data Element
				  Definitions, Version 2.0 (OMB Control Number 0985-0072),means a meal provided
				  by a qualified nutrition project provider to a qualified individual in a
				  congregate or group setting. The meal is served in a program that is
				  administered by the AAA or its subcontracted entity and meets all the
				  requirements of the Older Americans Act, State and local laws. Meals provided
				  to individuals through means-tested programs may be included.
6.
Department
means the Maine
				  Department of Health and Human Services.
7.
Frail,
as defined by
				  42 U.S.C. §
											3002(22),means that the
				  Older Individual is determined through an OADS approved assessment to be
				  functionally impaired because the individual:
A. is unable to perform at least two (2)
				  Activities of Daily Living without substantial human assistance, including
				  verbal reminding, physical cueing, or supervision as identified through an OADs
				  approved assessment; or
B. due to a
				  cognitive or other mental impairment, requires substantial supervision because
				  the individual behaves in a manner that poses a serious health or safety hazard
				  to the individual or to another individual.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.03 - NUTRITION SERVICES INCENTIVE PROGRAM (NSIP)

Current through 2024-29, July 17, 2024
The United States Department of Health and Human Services,
					 Administration for Community Living (ACL) allocates additional funds to OADS to
					 reimburse AAAs and subcontracted entities for the costs of congregate and home
					 delivered meals served to eligible people under the Nutrition Services Program.
					 This allocation is based on the number of meals served in the previous year, in
					 proportion to the total number of meals served by all states that year.
OADS shall choose whether to receive reimbursement in the
					 form of cash or commodities from the ACL. OADS shall distribute all cash and/or
					 commodities received from the ACL to eligible AAAs based on the previous year's
					 meal counts.
To facilitate reporting requirements and support OADS's
					 continued receipt of adequate funding for the Nutrition Services Program,
					 Providers of Nutrition Services shall:
1. Report to OADS the number of meals
				  provided to individuals who meet the eligibility criteria in §
										5.04-1 to -2.
2. Comply with the Provider Requirements set
				  forth in §
										5.05.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.04 - NUTRITION SERVICES PROVIDED

Current through 2024-29, July 17, 2024
Nutrition services shall be provided in conformance with
					 this rule. AAAs must provide Congregate Nutrition Services, Home Delivered
					 Nutrition, Nutritional Counseling and Nutrition Education throughout their
					 designated planning and service areas either by directly providing services,
					 subject to a Department approved direct service waiver, or through a
					 subcontracted entity.
1.
Congregate Nutrition Services
Congregate Nutrition services provide meals, socialization
					 and nutrition information in a community setting in conformance with the
					 following requirements.
A.
				  Eligibility & Priority
The following individuals are eligible for Congregate
					 Nutrition and shall be prioritized for receiving Congregate Nutrition Services
					 from Providers in the following order:
(1) Individuals referred by OADS Adult
				  Protective Services (APS);
(2)
				  Individuals age 60 or older in Greatest Social Need and/or Greatest Economic
				  Need;
(3) Individuals age 60 or
				  older;
(4) Spouses, of any age, of
				  eligible individuals age 60 or older;
(5) Volunteers of the Nutrition Services
				  Program age 60 or older who provide services during the meal hours;
(6) Individuals with a Disability under age
				  60 who reside in housing facilities occupied primarily by Older Individuals
				  where Congregate Nutrition is served;
(7) Individuals with a Disability under age
				  60 who reside with and accompany Older Individuals to the community dining
				  site;
(8) Volunteers of the
				  Nutrition Services Program under age 60 who provide services during the meal
				  hours.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.05 - PROVIDER REQUIREMENTS

Current through 2024-29, July 17, 2024
Providers of nutrition services authorized under this rule
					 shall comply with the following:
1.
General and Specific Requirements
A. AAAs must obtain a waiver from OADS to
				  directly provide nutrition services as outlined in 10-149 C.M.R. ch. 5, Section
				  30, §
											30.09.
B. If a AAA provides any nutrition services
				  through or with the assistance of another person or entity, the AAA must have a
				  written contract with such subcontractor(s) in conformance with this
				  subsection.
C. Each Provider shall:
(1) Maximize the number of eligible
				  individuals who are provided an opportunity to receive nutrition
				  services;
(2) Provide outreach,
				  intake, and information and assistance referral services to recipients of
				  nutrition services pursuant to 10-149 C.M.R. ch. 5, Section
				  67.
(3) Comply with 10-149 C.M.R. ch. 5, Section
				  40;
(4) Meet the requirements of the State of
				  Maine Food Code, 10-144 C.M.R. ch. 200;
(5) Immediately report any incidence of food
				  borne illness to the Department, Centers for Disease Control and Prevention
				  (CDC) with a follow-up report provided to OADS within ten (10) business days;
(6) Provide special meals to the
				  greatest extent possible to meet dietary needs arising from health, religious
				  requirements, or other cultural considerations affecting participating
				  individuals;
(7) Conduct periodic
				  surveys, at least once a year, to obtain recipients opinions about meals and
				  meal sites;
(8) Participate, where
				  feasible, in group purchasing efforts to maximize cost-effective purchasing;
				  and
(9) Report any suspicion of
				  abuse, neglect, or exploitation in conformance with 22 M.R.S. §
												3477.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 6 - NUTRITION SERVICES PROGRAM › Section 149-6-5 - Nutrition Services Program › Subsection 149-6-5.06 - RESPONSIBILITIES OF OADS

Current through 2024-29, July 17, 2024
1. To ensure
				  compliance with this Section and all applicable state and federal regulations
				  and policies, OADS shall:
A. Establish
				  performance standards for AAAs via contract;
B. Monitor the AAAs, on at least an annual
				  basis, for strengths, challenges, deficiencies, violations, or disallowed costs
				  in the program;
C. Identify
				  deficiencies and require corrective action plans from the AAAs;
D. Provide technical assistance as
				  necessary;
E. Review all
				  subcontracts under this Section to ensure compliance;
F. Assure the continuation of nutrition
				  services if OADS determines that a Provider's contract must be terminated
				  pursuant to the Older Americans Act; and
G. Administer the program directly if an AAA
				  is unable to provide nutrition services as directed by the Older Americans
				  Act.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. For purposes of the Business Enterprise
				Program, the following definitions apply:
A.
				BLIND PERSON: A person who has:
(1) Not more
				than 20/200 central visual acuity in the better eye after correction:
				or
(2) A limitation in the field of
				vision in the better eye such that the widest diameter of the visual field
				subtends an angle no greater than twenty (20) degrees.
(3) Such blindness shall be certified by a
				duly licensed ophthalmologist and/or optometrist.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-2 - SELECTION AND PLACEMENT OF INDIVIDUALS ON ROSTER

Current through 2024-29, July 17, 2024
1. ELIGIBILITY
A. The SLA shall maintain a roster of persons
				who are eligible for licensing as managers. To be eligible for inclusion on the
				roster, the applicant must meet the following criteria:
(1) Must be a citizen of the United
				States;
(2) Must be blind, as
				defined in this Chapter;
(3) Must
				be at least eighteen years of age;
(4) Must meet health qualifications of
				applicable state and federal codes related to food handling in relationship to
				the transmission of infectious or communicable diseases to others. This
				standard is applicable to all persons who are eligible for licensing as
				managers. Confirmation is evidenced by the submission of a medical
				report;
(5) Must be capable of
				performing either with or without accommodations, the essential job functions
				and have strong customer service skills as observed through on-the-job training
				or other training activities;
(6)
				Must have basic math skills as identified in written evaluations;
(7) Must successfully complete the BEP
				evaluation and training requirements, including the sanitation certification
				and on-the-job training, if applicable;
(8) Must submit to a background check when
				required in order to operate a specific BEP facility; and
(9) Must submit to a credit check. Poor
				credit rating will result in requirement to attend credit counseling.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-3 - ISSUANCE AND CONDITIONS OF LICENSES

Current through 2024-29, July 17, 2024
1. PROBATION
A. There shall be a six-month probationary
				period once an individual is assigned to a facility. At successful completion
				of a six-month probationary period, a permanent license will be issued for an
				indefinite period of time subject to conditions set forth in this chapter. A
				License shall be signed by the facility manager and the SLA upon completion of
				the probationary period. All individuals assigned to a facility will enter into
				an Operations Agreement with the SLA for that specific location.
B. Probationary period may be extended by the
				SLA when training or other requirements in BEP Rules have not been completed
				satisfactorily and documented as such.
C. If an individual fails to complete a
				probationary period satisfactorily, a permanent license may be denied, and
				written notice thereof will be provided. The SLA and Individual may develop an
				action plan including timeline to obtain licensure.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-4 - PREFERENCE

Current through 2024-29, July 17, 2024
1. Application of the Preference. This
				applies to State property only. The property manager shall adopt policies and
				take actions necessary to ensure that blind persons are given preference in the
				establishment and the operation of vending facilities on property under its
				jurisdiction. The preference must be broadly construed consistent with the
				intent of the Randolph-Sheppard Act and BEP law, namely, to provide economic
				opportunities to blind persons.
A. Vending
				machines. The property manager shall allow the Division to place vending
				machines in a building where a vending facility operated by a manager would not
				be feasible. The Division must be permitted the opportunity to place vending
				machines in such circumstances as a right of first refusal.
(1) The Division shall have the authority to
				select a third-party vendor to provide vending services.
(2) The Division may elect to allow the
				property manager to issue a request for competitive bidding if the purposes of
				the BEP Law and these Rules are satisfied.
(3) Direct Competition. Arrange for the
				assignment of the income derived from vending machines that are located in
				reasonable proximity to and direct competition with a vending facility to
				accrue to the Division's account. The Division, in its sole discretion, may
				elect to share revenue from vending machines operated by a third-party vendor
				with the property management. Such an income sharing may be time limited and
				affect pricing of vending products.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-5 - ASSIGNMENTS OF LOCATIONS

Current through 2024-29, July 17, 2024
1. In authorizing
				vending facilities or other businesses on state property, the Division for the
				Blind and Visually Impaired SLA shall give preference to persons who are blind
				and who are licensed by the SLA in order to enlarge the economic opportunities
				of persons who are blind and visually impaired by providing remunerative
				employment opportunities.
For the purpose of assisting blind persons to become
				  self-supporting, the SLA is hereby authorized to carry on activities to promote
				  the employment of eligible blind persons, including the licensing and
				  establishment of such persons as operators of vending facilities on public
				  property. Blind licensees shall be given the first opportunity to participate
				  in the operation of vending facilities on all state properties when such
				  facilities are operated under the supervision of the Division for the Blind and
				  Visually Impaired SLA.
2.
				When a location for a new facility has been established or a vacancy in an
				existing location is created, the facility manager will be assigned according
				to the following procedure:
A. All licensed
				managers will be notified of the vacancy. As much information as possible about
				the potential of the business shall be included.
B. Interviews shall be held for all qualified
				managers who request to be a candidate for the new location and who have been
				trained or hold a certificate for type of facility i.e., snack bar, cafeteria,
				vending or Micro Market.
A representative of the SLA, along with at least one licensed
				  manager will be on the selection panel. Factors to be considered by the panel
				  when making the selection will be:
(1)
				Managerial and other skills and abilities demonstrated by the candidates, as
				they fit the type of available facility, including handling labor needs,
				complexity of financial requirements, food preparation and customer
				relations.
(2) Previous records of
				the candidates under consideration, including submission of required reports in
				an accurate and timely fashion, customer satisfaction, improvements in profits
				or number of customers as a result of the manager's abilities, safety and
				sanitation inspections, fee and bill payment history, attendance at training
				meetings, and past evaluations by the SLA.
(3) Seniority of eligible candidates when all
				other qualities are equal.
(4) For
				managers who wish to transfer to the new or vacant site on a permanent basis,
				the SLA and manager will work to ensure the least amount of disruption between
				the old and new site.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-6 - TERMINATION OF LICENSES

Current through 2024-29, July 17, 2024
1. A license shall
				be issued to an individual for the operation of a vending facility for an
				indefinite period of time while actively managing a BEP facility. This license
				may be subject to suspension or termination if, after affording the manager an
				opportunity to participate in a corrective action plan and for a full
				evidentiary hearing, the SLA finds any of the following:
A. Failure of the manager to operate the BEP
				facility according to the operating agreement between the facility manager and
				the SLA and other rules and regulations of the SLA;
B. Failure to operate the facility according
				to health and sanitation laws;
C.
				Failure to maintain equipment in good repair;
D. Failure to file required financial and
				other records with the SLA or preserve them for a specified time and/or refusal
				to permit a review or audit or records by SLA;
E. Failure to consistently pay
				suppliers;
F. Defrauding any agency
				of the government (including SLA) or any supplier regarding any financial
				obligation or delinquency in paying taxes, fees, or assessments to any
				governmental agency, including the SLA;
G. Misconduct by the facility manager in the
				operation of the facility, including but not limited to the use of alcoholic
				beverages, or illegal drugs on the premises;
H. Operation of a BEP facility in such a way
				that the SLA's investment is obviously endangered as a result of fraud, waste
				and abuse;
I. Sexual harassment of
				employees, customers, or those under the facility manager's
				direction;
J. Determination by the
				SLA that the facility manager no longer has the skills and abilities to perform
				essential functions necessary to manage a BEP facility;
K. Use of the facility to conduct unlawful
				activities;
L. Failure to maintain
				the required insurance coverage;
M.
				Failure to personally operate and manage the vending facility;
N. Inability of the manager to maintain a
				positive working relationship with building management.
O. Failure to participate in Manager
				semi-annual meetings and upward mobility training without an excused absence
				for more than 3 consecutive occurrences.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-7 - VENDING FACILITY EQUIPMENT AND INITIAL STOCK

Current through 2024-29, July 17, 2024
1. The SLA or Vocational Rehabilitation shall
				provide adequate initial stock when the vending facility is established. The
				dollar value of the initial stock will be recorded and charged to the manager.
				The manager will be expected to reimburse SLA within the first year of
				operation unless an agreement is already in place for the manager to leave an
				inventory equal in value when they terminate their association with the
				facility.
2. The SLA shall provide
				suitable equipment when the vending facility is established. Costs for
				replacement or repairs of worn out and obsolete equipment shall be paid by the
				SLA with set-aside funds. Each manager shall take reasonable care of equipment
				and maintain it in operating condition. A $200 per item deductible for repairs
				of equipment shall be paid by the manager. This cost may be deducted under
				"miscellaneous expense" on the weekly report form. The SLA will be kept
				apprised of repairs and arrange for the removal of equipment to be
				replaced.
3. Any equipment to be
				purchased by a manager must be approved in advance by SLA if reimbursement is
				expected. If equipment is purchased with this approval, equipment shall become
				part of the equipment inventory of the facility and will remain at the facility
				upon departure of the manager. The manager will notify the SLA if they intend
				to purchase equipment and retain ownership, in which case the manager is
				responsible for maintaining this equipment. Upon departure from the facility,
				manager will be responsible for the removal or transfer of this
				equipment.
4. The SLA shall furnish
				initial petty cash sufficient to enable the manager to commence operation of
				the business. Upon termination of the facility operation, the manager shall
				return the same amount of cash to the SLA.
5. The rights and title to equipment shall
				remain with the SLA.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 150 - BLIND AND VISUALLY IMPAIRED DIVISION › Chapter 15 - RULES GOVERNING THE BUSINESS ENTERPRISE PROGRAM › Section 150-15-8 - ASSISTANCE AND IN-SERVICE TRAINING PROVIDED TO MANAGERS

Current through 2024-29, July 17, 2024
1. The SLA shall provide each manager with
				assistance and in-service training necessary for obtaining the maximum
				financial return and to ensure that the operation of the business will provide
				good service to the public and preserve the employment opportunities for
				successive blind persons. Such programs may include upward mobility training in
				accordance with 34 CFR
				§
										395.11. The State Committee of Blind
				Managers will actively participate in the development of training programs for
				managers. All licensed managers must participate in one SLA training program or
				its equivalent per year offered by the SLA in order to be in good standing for
				promotion. The SLA and the Committee of Blind Managers will identify equivalent
				training for the purposes outlined in this section.
2. The SLA shall provide in-service training
				to managers in the keeping of accounts, selection and purchase of merchandise,
				maintenance of clean, attractive facilities and adoption and use of sound
				business practices and methods and any other training that the SLA and
				Committee of Blind Managers determine to be of benefit to managers.