reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.B - The physician shall

Current through 2024-29, July 17, 2024
10. B. 1. Prior to
				  a client's admission, furnish for the preplacement IDT:
a. Client's medical history;
b. Current medical findings;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.C - The facility must provide or obtain

Current through 2024-29, July 17, 2024
09/01/07 10.C.1. Means for the prompt detection and
					 referral of health problems through adequate medical surveillance, periodic
					 inspection and regular examinations;
09/01/07 10.C.2. Preventive and general care
					 including:
a. Medical services-to
				  maintain an optimum level of health and to prevent disability for each
				  client;
b. Procedures for referral
				  for specialized services by other physicians;
c. Agreements with providers of such services
				  as laboratory and radiology.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.D - Physician Participation in the IPP

Current through 2024-29, July 17, 2024
A physician shall participate in:
09/01/07 10.D.1. The IDT process if appropriate;
09/01/07 10.D.2. The review and update of an IPP as part of
					 the interdisciplinary team process, if appropriate:
09/01/07 a. At least annually;
09/01/07 b. By review and reordering of the medical plan of
					 care quarterly; and
09/01/07 c. By the quarterly writing of notes to record
					 achievement of progress toward goals.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.E - The registered nurse shall participate in

Current through 2024-29, July 17, 2024
09/01/07 10.E.1. The preadmission evaluation study and plan
					 for each client;
09/01/07 10.E.2. The evaluation study, program design, and
					 placement of the client at the time of admission;
09/01/07 10.E.3. The periodic re-evaluation of the type,
					 extent and quality of services and programming;
09/01/07 10.E.4. The development and modifications of the
					 discharge plan;
09/01/07 10.E.5. The development of a written nursing
					 services plan:
09/01/07 a. For each client with a medical care
					 plan;
09/01/07 b. For each client who has nursing needs;
09/01/07 10.E.6. Review and modification of the nursing
					 care plan in terms of the client's daily needs, at least quarterly for adults
					 and more frequently for children, in accordance with developmental
					 changes.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.F - Nursing Staff

Current through 2024-29, July 17, 2024
09/01/07 10.F.1. The facility shall utilize registered
					 nurses as appropriate and as required by State law to perform the health
					 services specified in this section.
09/01/07
a.There
				  must be a registered nurse serving as director of nursing in each ICF/MR
				  Nursing facility. Departmental approval must be obtained for less than forty
				  (40) hours/week for Director of Nursing services.
b. The facility shall have a contractual
				  agreement with a registered nurse consultant to provide nursing services in an
				  ICF/MR Group facility.
09/01/07
c.If the
				  facility utilizes only licensed practical or vocational nurses to provide
				  health services, it must have a formal arrangement with a registered nurse to
				  be available for verbal or on-site consultation to the licensed practical or
				  vocational nurse. A record must be kept of each consultation.
09/01/07 10.F.2. Non-licensed direct care staff in an
					 ICF/MR Nursing facility must be certified nursing assistants, or be enrolled in
					 an approved nurse aide training program. A CNA may perform duties only under
					 the supervision of a licensed nurse.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.G - Dental Services

Current through 2024-29, July 17, 2024
The facility shall provide education and training in the
					 maintenance of oral health by:
a.
				  Direct contact between dental professional and clients, or
09/01/07 b. Contact between dental professionals and staff
					 who work directly With clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.H - Comprehensive Dental Diagnostic Services

Current through 2024-29, July 17, 2024
09/01/07 10.H.1. The dentist shall enter into the client's
					 record
a. The findings of the
				  examination;
b. A summary of
				  services performed;
c.
				  Recommendations for treatment, if any;
d. Return date; and
e. Dentist's signature and date of entry.
09/01/07 10.H.2. The dental records and recommendations
					 must be released to Accompany the client when discharged.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.I - Pharmacy Services

Current through 2024-29, July 17, 2024
The facility shall:
09/01/07 10.I.1. Provide current [no more than three (3)
					 years old] reference material for staff to use as a resource for information
					 regarding the administration and use of medication;
09/01/07 10.I.2. Develop policies and procedures with input
					 from the pharmacist, physician and nurse to govern the administration and
					 handling of drugs, to include but not be limited to:
a. Identification and administration of
				  medications;
b. Drug storage and
				  security measures;
c. Staff
				  qualifications for medication administration;
d. Recording of medication
				  administration;
e. Reporting of
				  drug errors and reactions;
f. Self
				  administration of drugs; and
g. The
				  use of drugs by clients while not under the direct care of the
				  facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.J - Drug Regimen Review

Current through 2024-29, July 17, 2024
10.J.1. A
				  pharmacist or registered nurse must review the medication record of each client
				  monthly:
a. For rationale, potential adverse
				  reactions, allergies, interactions, contraindications, and response to
				  medications;
b. For modifications
				  indicated by any laboratory test;
c. To advise the physician of any recommended
				  changes and give the reasons therefor; and
d. To propose an alternate drug regimen if
				  indicated.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.K - Drug Storage and Recordkeeping

Current through 2024-29, July 17, 2024
10.K.1.
				  The facility may stock in bulk supply those items regularly available without
				  prescription at a pharmacy.
10.K.2.
				  The facility shall:
a. Provide a medicine
				  cabinet for individual prescriptions, which:
1. Is large enough to hold all medications in
				  use and lit well enough to permit one to read the labels;
2. Is located where easily
				  accessible;
3. Is equipped with
				  secure storage units, plainly labeled, in which individual client's medications
				  can be clearly separated from another's; and
4. Provides physical separation for internal
				  and external medications.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.L - Drug Labeling

Current through 2024-29, July 17, 2024
Labeling of drugs and biologicals must be based on
					 currently accepted professional principles and practices:
09/01/07 10.L.1. Each drug container must be clearly
					 labeled and the label must include:
a.
				  Prescription number;
b. Client's
				  full name;
c. The name, strength
				  and dosage form of the drug;
d.
				  Directions for use;
e. Name of
				  physician prescribing;
f. Name and
				  address of pharmacy issuing the drug;
g. Date of issuance or latest
				  refill;
h. Expiration date; and
09/01/07 j. The appropriate accessory and cautionary
					 instructions.
09/01/07 10.L.2. A medication must be used only by the
					 client for whom it was issued.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.M - Laboratory

Current through 2024-29, July 17, 2024
09/01/07 10.M.1. If a facility chooses to provide
					 laboratory services, the laboratory shall:
09/01/07 a. Meet the management requirements specified in
					 42 CFR 493.110.1105;
09/01/07 b. Provide personnel to direct and conduct the
					 laboratory service as specified in 42 CFR 493.1351.1495;
09/01/07 c. Meet the proficiency testing requirements
					 specified in 42 CFR 493.801.865;
09/01/07 d. Meet the quality control requirements specified
					 in 42 CFR 493.1200.1299;
09/01/07 f. If the laboratory chooses to refer specimens
					 for testing to another laboratory, the referral laboratory shall be certified
					 in accordance with the Clinical Laboratory Improvement Amendments of 1988
					 (CLIA).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.A - Client Living Environment

Current through 2024-29, July 17, 2024
09/01/07 11.A.1. The size of the living unit must be based
					 upon the needs of the clients, but may not serve more than twenty (20)
					 clients.
09/01/07 11.A.2. The client living unit:
a. Must house both male and female clients to
				  the extent that this conforms to the prevailing cultural norms and is not
				  contraindicated by the IPP. This unit must make provision for privacy and for
				  appropriate separation of male and female clients;
09/01/07
b.Must stimulate the environment of a family
				  home in order to encourage a personalized atmosphere for clients;
09/01/07
c. Must
				  contain at least the following: a bedroom, living room, bathroom, recreation
				  room, connecting areas, dining room, and kitchen. A waiver for a recreation
				  room may be requested by a pre-existing facility. This waiver is time-limited
				  to the duration of the license.
09/01/07 11.A.3. Client Use of Facility Space
09/01/07
a.Clients shall be allowed free use of all
				  space within the living unit, with due regard for privacy and personal
				  possessions. Any restrictions must be documented in the Annual Plan.
b. Each client shall have access to a quiet,
				  private area where he/she can withdraw from the group.
09/01/07
c.Outdoor leisure time or recreation areas
				  shall be readily accessible to all living units.
d. No interior or exterior doors may be
				  locked except to protect a client and the ICF/MR from clear and present danger,
				  or in conjunction with a behavior management program. In no case may locked
				  doors be a substitute for program or staff interaction with clients or
				  interfere with the rights of other clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.B - Physical Environment

Current through 2024-29, July 17, 2024
09/01/07 11.B.1. Each client's bedroom must have direct
					 access to a corridor, without requiring one to pass through a bathroom or
					 another client's room.
11. B. 2.
				  Single bedrooms for the accommodation of clients must contain a minimum of one
				  hundred (100) square feet of usable floor space. Multiple bedrooms must contain
				  a minimum of eighty (80) square feet of available floor space per bed.
				  Available floor space shall be calculated only for those areas having a ceiling
				  height of at least six (6) feet. Available floor space does not include
				  corridors, passageways and vestibules.
11. B.
				  3. No room may have more than two (2) beds except in placements developed prior
				  to January 1, 1978, which may have no more than three (3).
09/01/07 11.B.4. Bedroom windows must have a minimum window
					 glass area equal to 1/10 of the available floor space. The windows must be
					 openable and be equipped with functioning window shades or their equivalent,
					 except in air conditioned buildings, or if a bedroom is below grade level, one
					 (1) window in each room must be operable and usable as a second means of escape
					 by the client(s) occupying the room.
09/01/07 11.B.5. Bedroom windows must be grade level on a
					 vertical plane, located on an exterior wall, and have an unobstructed
					 view.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.C - Client Bedrooms

Current through 2024-29, July 17, 2024
Each facility must provide each client with:
11. C. 1. A separate bed of proper size and
				  height for the convenience of the client, at least thirty-six (36) inches wide,
				  of substantial construction and in good repair. Rollaway beds, metal cots or
				  folding beds are not acceptable. Each bed must have:
a. Satisfactory type springs in good repair,
				  and a clean comfortable mattress at least five (5) inches thick, four (4)
				  inches if of foam rubber construction, and four and one- half (4 1/2) inches
				  thick if of inner spring type and standard in size for the bed. Specialty beds,
				  such as waterbeds, will be acceptable, and will be reviewed for approval by the
				  Department on an individual basis;
b. Clean, comfortable pillows of average bed
				  size;
09/01/07 c. Moisture-proof covers and sheets sufficient to
					 keep the mattress and pillows dry and clean, and
09/01/07 d. A bedspread.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.D - Client Bathrooms

Current through 2024-29, July 17, 2024
The facility shall:
09/01/07 11.D.1. Have a minimum of one (1) lavatory and one
					 (1) toilet for each six (6) clients. All ICFs/MR, or additions of more than
					 four (4) beds to existing ICFs/MR, for which construction is started after July
					 1, 1980 must provide a minimum of one (1) lavatory and one (1) toilet for each
					 four (4) clients. A minimum door width of two feet eight inches (2'8") must be
					 provided to all client toilet areas; and
09/01/07 11.D.2. For persons with physical handicaps,
					 ICFs/MR must equip bathrooms and provide appliances appropriate for use by such
					 persons.
09/01/07 11.D.3. Bathroom Location and Equipment
a. All bathing and toileting rooms must be
				  easily accessible and conveniently located to all clients.
b. No bathing or toileting rooms may be so
				  located that a client must pass through another client's room to enter
				  it.
c. No toileting room may open
				  directly into a kitchen, pantry, or food preparation or storage room.
d. Each toileting and bathing room must be
				  adequately lighted, have a light switch just inside or outside the door, and be
				  provided with a well lighted mirror for each lavatory.
e. Locks on the rooms must be able to be
				  opened from the outside.
f. One (1)
				  toilet enclosure large enough to permit toilet training of wheelchair clients
				  must be provided on each floor having people who use wheelchairs.
g. New ICFs/MR for which construction is
				  started after July 1, 1980 must provide a toilet training room directly off the
				  corridor with at least three (3) feet clearance on both sides and in front of
				  the toilet. A sink and a mirror located and hung so that it can be used by
				  persons who use wheelchairs must be provided for each toilet.
h. Clients' bathing, lavatory and toilet
				  rooms must not be used as utility rooms, linen storage or medication
				  areas.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.E - Laundry Facilities

Current through 2024-29, July 17, 2024
09/01/07 11.E.1. The facility shall provide a laundry room
					 which:
a. Contains adequate washing,
				  drying and ironing equipment;
b. Is
				  well lit and ventilated and adequate in size for the needs of the facility;
09/01/07 c. Is maintained in a sanitary manner and kept in
					 good repair; and
09/01/07 d. Is not used for food storage, preparation or
					 serving.
09/01/07 11.E.2. The facility shall develop procedures for
					 laundry services which ensure that all:
a. Personal clothing of the clients is
				  laundered;
b. Personal laundry is
				  not washed with house linens;
c.
				  Services and procedures are conducted in a safe and sanitary manner;
				  and
d. Soiled linen is not carried
				  through food preparation areas, except when enclosed in clean nonpermeable
				  laundry bags.
09/01/07 11.E.3. Linen Supply
There must be a sufficient supply of linen including
					 sheets, pillow cases, blankets and bedspreads for each bed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.F - Administrative Services

Current through 2024-29, July 17, 2024
The facility must provide adequate administrative support
					 to meet the needs of the clients through its purchasing of supplies, storage
					 and property control functions.
11.F.1. Engineering and Maintenance
The facility must develop an appropriate written policy for
					 a preventive maintenance program which ensures that:
a. The building is kept in good repair and
				  free of hazards such as cracks in floors, walls or ceilings; warped or loose
				  boards; warped, broken, loose or cracked floor coverings such as tile or
				  linoleum; loose handrails or railings, loose or broken windowpanes and any
				  similar hazards;
b. All electrical,
				  mechanical and fire protection systems are kept in a safe and functional
				  condition. Frayed wires, cracked or damaged switches, plugs, fixtures and
				  appliances must be repaired or replaced;
c. All plumbing fixtures are maintained in
				  good repair and properly functioning;
d. The heating system is inspected regularly
				  and all necessary repairs are made to maintain it in a safe and functioning
				  condition;
e. The interior and
				  exterior of the building are painted as needed. Loose, cracked or peeling wall
				  paper or paint must be promptly replaced or repaired with lead-free
				  paint;
f. All furniture and
				  furnishings are attractive and kept in good repair; and
g. The grounds and other buildings on the
				  grounds are kept in a safe, sanitary, and presentable condition. Grounds must
				  be kept free of refuse and litter, as well as insect and rodent breeding areas.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.G - Building Location and Construction Requirements

Current through 2024-29, July 17, 2024
The facility shall:
09/01/07 11.G.1. Be located so as to be reasonably free
					 from undue noises, smoke and dust;
09/01/07 11.G.2. Be served by a road which is kept passable
					 at all times of the year;
09/01/07 11.G.3. Be served by a reliable electrical
					 service;
09/01/07 11.G.4. Have an entrance into the building which
					 provides a transition area from the out-of-doors to interior areas. Main
					 entrance areas must open into general or group function areas;
09/01/07 11.G.5. Ensure that traffic patterns resemble
					 those expected in other residences in the community;
09/01/07 11.G.6. Provide adequate closet space located near
					 outside entrances for coats, boots, jackets, etc.
09/01/07 11.G.7. Be constructed and maintained so as to
					 reasonable prevent the entrance and harboring of rats, mice, flies and other
					 insects, rodents and pests;
09/01/07 11.G.8. Have all windows opening to the outside
					 effectively protected by screening. All windows must be in good repair, fit
					 snugly, and open and close easily;
09/01/07 11.G.9. Provide safety devices across windows
					 lower than two (2) feet from the floor and across open landings at changes in
					 floor level or other danger areas used by clients;
09/01/07 11.G.10. Have all open porches and verandas
					 protected by sturdy rails of a height not less than forty (40) inches;
09/01/07 11.G.11. Be equipped, as appropriate, with sturdy
					 handrails on each side of all inside and outside stairs that are accessible to
					 clients, unless the Department has given prior written approval for any
					 exceptions. All stairways must be provided with non-skid treads;
09/01/07 11.G.12. Have a telephone in the building and
					 additional telephones or extensions as required by the Department to summon
					 help promptly in case of fire or other emergencies. Pay stations or locked
					 telephones do not meet this requirement;
09/01/07 11.G.13. Have a telephone located so as to be
					 accessible and afford privacy to each client; and
09/01/07 11.G.14. Be equipped with a central heating plant
					 connected to a radiator, convector or register in each room or area used by
					 clients and staff. The heating system must be capable of maintaining a
					 temperature of seventy-five (75) degrees Fahrenheit throughout the clients'
					 section of the building. Alternate heating systems may be approved by the
					 Department if a uniform temperature of seventy-five (75) degrees Fahrenheit
					 cannot be safely maintained in the facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.H - Family Rooms and Dining Rooms

Current through 2024-29, July 17, 2024
09/01/07 11.H.1. Usage and Size
a. Family rooms and dining areas must be
				  accessible to all clients.
b. Each
				  facility shall provide a family room and a dining room for the use of the
				  clients, which:
1. May not, under any
				  circumstances, be used as bedrooms by clients or personnel;
2. Must contain sufficient space to
				  accommodate all activities without one activity interfering with any
				  other.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.I - Utilities

Current through 2024-29, July 17, 2024
09/01/07 11.I.1. Water Supply
a. Each facility shall use an approved public
				  or municipal water supply if one is available.
b. In areas where an approved public or
				  municipal water supply is not available, a private water supply under pressure
				  must be provided for each facility and it shall meet the standards approved by
				  the Division of Health Engineering in the Department. If water is used from a
				  private supply, water samples must be submitted to the Division of Health
				  Engineering at least once every six (6) months.
c. There must be sufficient water pressure to
				  meet the sanitary needs of each facility at all times.
d. There must be an adequate supply of hot
				  water for clients' use at all times.
e. All plumbing must comply with the
				  standards set by the State of Maine Plumbing Code, including any amendments
				  thereof or additions thereto, as well as with any higher standards set by local
				  ordinances.
11. I. 2. Sewage Disposal
a. Each facility shall dispose of all sewage
				  and liquid wastes in a public sewerage system, if one is available.
b. If a public sewerage system is not
				  available, sewerage and liquid wastes must be collected and disposed of in
				  private disposal facilities, the construction, maintenance, and operation of
				  which must be approved by the Division of Health Engineering of the
				  Department.
c. Plans for any
				  proposed disposal system and/or additions thereto must be reviewed and approved
				  by the Division of Health Engineering in the Department before construction is
				  started.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.J - Building Accessibility and Use

Current through 2024-29, July 17, 2024
11.J.1. The
				  facility must:
a. Be accessible to and usable
				  by all clients, personnel, and the public, including clients with
				  disabilities;
b. Have only clients
				  who are ambulatory in bedrooms on any floor that is served by a corridor that
				  cannot accommodate a wheelchair; and
c. Not have housed above the first floor any
				  clients who are blind or non-ambulatory who would be unable to evacuate the
				  premises in an emergency without physical assistance from others.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.K - Emergency Plan and Procedures

Current through 2024-29, July 17, 2024
09/01/07 11.K.1. The facility shall make the emergency plan
					 available, and provide training to the staff. The plan is to be reviewed
					 annually.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.L - Fire Protection

Current through 2024-29, July 17, 2024
09/01/07 11.L.1. Except as specified in paragraph 11.M.1.
					 of this Chapter, the facility shall meet the applicable provisions of either
					 the Health Care Occupancies Chapters or the Residential Board and Care
					 Occupancies Chapter of the Life Safety Code (LSC) of the National Fire
					 Protection Association, 2003 edition, which is incorporated by reference. The
					 State Survey Agency may apply a single chapter of the Life Safety Code to the
					 entire facility or may apply different chapters to different buildings or parts
					 of buildings as permitted by the Life Safety Code. A facility that meets the
					 Life Safety Code definition of a residential board and care occupancy and has
					 sixteen (16) or fewer beds, must have its evacuation capability evaluated in
					 accordance with the Evacuation Difficulty Index of the Life Safety Code.
09/01/07 a. Facilities which are designated ICF/MR Nursing
					 shall meet the requirements of Chapter 18 of the Life Safety Code of the
					 National Fire Protection Agency (2003).
09/01/07 b. Facilities designated ICF/MR Group
					 non-ambulatory shall meet the requirements of Chapter 18 of the Life Safety
					 Code of the National Fire Protection Agency (2003).
09/01/07 c. Facilities designated ICF/MR Group and housing
					 less than sixteen (16) clients shall meet the requirements of Chapter 32 of the
					 Life Safety Code of the National Fire Protection Association (2003).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.M - Fire Protection Exceptions

Current through 2024-29, July 17, 2024
11.M.1. 
				  Exceptions for facilities that meet the Life Safety Code definition of a health
				  care occupancy:
a.The Centers for Medicare
				  and Medicaid Services may waive, for a period it considers appropriate,
				  specific provisions of the Life Safety Code [See 42 CFR, 483.486 ] if:
1. The waiver would not adversely affect the
				  health and safety of the clients; and
2. Rigid application of specific provisions
				  would result in an unreasonable hardship for the facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.N - Safety and Sanitation

Current through 2024-29, July 17, 2024
09/01/07 11.N.1. Department of Public Safety
					 Certification
Each facility shall be certified by the Department of
					 Public Safety of the State of Maine as having complied with the fire protection
					 and prevention requirements of the Department.
09/01/07 11.N.2. Reporting of Fire Incidents
A written report must be submitted to the State Fire
					 Marshal Office, Department of Public Safety, and the Department, within
					 seventy-two (72) hours of any smoke or any fire incident involving the facility
					 or any client. The report must include the date, time, and place of the
					 incident, and a description of what occurred, and the action taken.
09/01/07 11.N.3. Testing of Equipment
a. The manual fire alarm system must be
				  tested each month.
b. The emergency
				  lights must be checked at least monthly.
c. The automatic fire detection system must
				  be tested at least monthly.
d. The
				  sprinkler system must be checked by a qualified sprinkler serviceman at least
				  annually.
e. Fire extinguishers
				  must be checked and tagged at least yearly, or more often if so indicated by
				  the condition of the extinguishers.
f. The emergency generator (when a generator
				  is required) must be made operational for a period of at least half an hour
				  each month.
g. A record book must
				  be maintained showing the day each of the above tests or checks was done, and
				  by whom.
h. Any equipment found
				  defective must be immediately fully repaired.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 11 - CLIENT LIVING ENVIRONMENT › Section 144-118-11.O - Infection Control

Current through 2024-29, July 17, 2024
09/01/07 11.O.1. There must be an active program for the
					 prevention, control and investigation of infection and communicable diseases
					 including,
a. Continuing staff
				  training in methods and procedures in antisepsis and prophylaxis;
b. Teaching of personal hygiene and
				  cleanliness to clients;
c.
				  Documentation of all instances of infection, detailing in each instance the
				  investigation undertaken and recommendations made.
09/01/07 11.O.2. The facility must implement successful
					 corrective action in affected problem areas and must make reports available to
					 appropriate authorities including the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.A - Staff

Current through 2024-29, July 17, 2024
12.A.1. There must be sufficient adequately
				  trained staff to carry out the functions of dietetic services and to meet the
				  food and nutrition needs of clients.
12.A.2. Staff must maintain a high degree of
				  personal cleanliness and conform to good hygienic practices.
12.A.3. A licensed dietitian must be employed
				  either full-time, part-time or on a consultant basis at the facility's
				  discretion.
a. When a dietitian is employed on
				  a consultant basis, the dietitian must prepare a written report for the
				  administration including dates, times, services rendered, problems identified
				  and recommendations made.
Consultation time must be at least eight (8) hours minimum
					 per quarter. Consultation time beyond eight (8) hours per quarter must have
					 prior approval from the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.B - Diet Requirements

Current through 2024-29, July 17, 2024
09/01/07 12.B.1. Food must be served in an attractive,
					 appetizing manner. Clients should be encouraged to eat in a leisurely fashion
					 and to select items in quantities according to food preference and diet
					 requirements, Liquids must be offered throughout the meal.
09/01/07 12.B.2. The client's interdisciplinary team,
					 including a licensed dietitian and physician, must prescribe all modified and
					 special diets including those used as a part of a program to manage
					 inappropriate client behavior.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.C - Food Service

Current through 2024-29, July 17, 2024
09/01/07 12.C.1. Food must be served:
a. In appropriate quantity;
b. At appropriate temperatures;
c. In a form consistent with the
				  developmental level of the client; and
d. With appropriate utensils.
09/01/07 12.C.2. Substitutes of similar nutritive value
					 must be offered if a client refuses food served.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.D - Menus

Current through 2024-29, July 17, 2024
09/01/07 12.D.1. Menus must:
a. Be prepared in advance;
b. Provide a variety of foods at each meal;
09/01/07
c.Be different for the same days of each week
				  and adjusted to include fresh food in season; and
d. Include the average portion sizes for menu
				  items.
09/01/07 12.D.2. A current diet manual, not more than five
					 (5) years old, must be available in the facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.E - Food Supplies

Current through 2024-29, July 17, 2024
09/01/07 12.E.1. An adequate supply of good quality food to
					 meet client needs must be kept on the premises at all times This must include
					 supplies of staple foods sufficient for at least one week and of perishable
					 foods sufficient for at least forty-eight (48) hours to meet the requirements
					 of the planned menus.
09/01/07 12.E.2. The use of second grade or outdated
					 products, unlabeled canned goods, railroad salvage, and similar foods is
					 prohibited.
09/01/07 12.E.3. Hermetically sealed food must be obtained
					 from a regulated food processing establishment.
09/01/07 12.E.4. Fluid milk and fluid milk products used or
					 served must be obtained pasteurized.
09/01/07 12.E.5. Milk served to clients for drinking must
					 be served in the original container or the glass filled at mealtime from a
					 sanitary bulk milk dispenser.
09/01/07 12.E.6. No reconstituted powdered milk or
					 evaporated milk may be served for drinking.
09/01/07 12.E.7. Dry powdered or evaporated milk may be
					 used in cooking or may be added to milk from the dairy to be used as a high
					 protein supplement.
09/01/07 12.E.8. Only clean whole eggs, with shell intact
					 and without cracks or checks, or pasteurized liquid, frozen or dry eggs or
					 pasteurized dry egg products may be used. Hard-boiled, peeled eggs,
					 commercially prepared and packaged, may be used. Eggs must be refrigerated at
					 all times and no raw eggs may be used in uncooked products.
09/01/07 12.E.9. Food containers must be in good condition
					 and maintain the safety and integrity of the contents.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.F - Food Storage

Current through 2024-29, July 17, 2024
09/01/07 12.F.1. Food, whether raw or prepared, if removed
					 from the container or package in which it was obtained, must be stored in a
					 clean and sanitized container and be labeled and dated.
09/01/07 12.F.2. Containers of food must be stored at least
					 eight (8) inches above the floor, in such a manner as to be protected from
					 splashing and other contamination.
09/01/07 12.F.3. Food not subject to further washing or
					 cooking before serving must be protected against contamination from food
					 requiring washing or cooking.
09/01/07 12.F.4. Hermetically sealed cans, once opened,
					 must not be used for storage of food.
09/01/07 12.F.5. The maximum temperature for the
					 refrigerated storage of all perishable and potentially hazardous foods and
					 fluids is forty- five (45) degrees Fahrenheit.
09/01/07 12.F.6. Freezers and frozen food compartments of
					 refrigerators must be maintained at or below zero (0) degrees
					 Fahrenheit.
09/01/07 12.F.7. A thermometer, accurate to plus or minus
					 three (3) degrees Fahrenheit, must be attached to the inside of each
					 refrigerator, freezer, or other storage space used for potentially hazardous
					 food.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 12 - FOOD AND NUTRITION SERVICES › Section 144-118-12.G - Food Preparation

Current through 2024-29, July 17, 2024
09/01/07 12.G.1. Food must be prepared by methods that
					 conserve nutritive value, flavor, and appearance.
09/01/07 12.G.2. A file of recipes that list clear
					 descriptive procedures, portion yield, and measures, must be maintained and
					 utilized and must correspond to items on the menus.
09/01/07 12.G.3. Food must be cut, chopped, or ground to
					 meet individual needs.
09/01/07 12.G.4. Convenient and suitable utensils, such as
					 forks, knives, tongs, spoons, scoops and disposable gloves must be provided and
					 used to minimize direct manual contact with food at all points where food is
					 prepared.
09/01/07 12.G.5. Food must be prepared on surfaces that
					 have been cleaned and sanitized to prevent cross contamination.
09/01/07 12.G.6. All raw fruits and vegetables must be
					 thoroughly washed to remove soil and other contaminants before being cut,
					 combined with other ingredients, cooked or served.
09/01/07 12.G.7. Frozen foods must be thawed as
					 follows:
a. Under refrigeration at a
				  temperature not to exceed forty- five (45) degrees Fahrenheit;
b. Under potable running water at a
				  temperature of seventy (70) degrees Fahrenheit, or below, with sufficient water
				  velocity to agitate and float off loose particles into the overflow and for a
				  period not to exceed that needed to thaw the products; or
c. As part of a continuous cooking process
				  using a microwave oven, a conventional cooking unit or a- combination of
				  cooking equipment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › ADDENDUM

Current through 2024-29, July 17, 2024
References:
1.
				Statutory authority for these regulations is found under the following Titles
				in the Maine Revised Statutes Annotated:
Title 22, Health and Welfare
Title 22.A, Health and Human Services
Title 34, Public Institutions and Corrections
Title 34-B, Mental Health, Mental Retardation and Substance
				  Abuse Services
2.
				Additional references of use are:
Chapter 5,
Rules and Regulations of the Maine
				  State Board of Nursing,
(as amended) 2003
Appendix J, Guidance to Surveyors: Intermediate Care
				  Facilities for Persons with Mental Retardation,
State Operations
				  Manual
, Department of Health and Human Services, Center for
				  Medicare and Medicaid Services
Section 2, Chapter 5,
Regulations Governing
				  Emergency Interventions and Behavioral Treatment for People with Mental
				  Retardation and/or Autism.
Maine Care Benefits Manual, Chapter II, Section
				  50, IC F-MR Services
Subpart I, Section 483.400 - 483.480,
Conditions of Participation for Intermediate Care Facilities for
				  the Mentally Retarded
, 42 Code of Federal
				  Regulations
Rule 14-197 D epartment of Behavioral and Developmental
				  Retardation Services, Chapter 9 (
Reporting, Investigation and Review of
				  Reportable Events)
Websites:
Secretary of State
:
http://www.maine.gov./SOS/
Contains State agency rules for the State's Department of
				  Health and Human Services, to include ICFs/MR licensing regulations, Maine Care
				  Benefits Manual.
State Operations Manual, Appendix
					 J
, Centers for Medicare and Medicaid Services:
http://www.cms.hhs.gov/Manuals/10M/list.asp#TopOfPage
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 119 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES › Chapter 3 - LOSS OF, RENEWAL, PROVISIONAL AND CONDITIONAL LICENSES

Current through 2024-29, July 17, 2024
3.A. Refusal to Issue a License
The Department shall refuse to issue a license to the
				  applicant if it finds that any or all of the following conditions exist:
3.A.1. The Department finds that the
				information submitted in the application is incorrect or incomplete,
3.A.2. The applicant does not meet all
				requirements of these laws and regulations;
3.A.3. The applicant has violated applicable
				laws and rules and regulations and the Department finds that these practices of
				the agency are detrimental to the welfare of persons to whom home health care
				services are provided.