reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 193-1-B-II - PRIVACY AND HUMANE TREATMENT ENVIRONMENT

Current through 2024-29, July 17, 2024
A.
				  Recipients have the right to a humane psychological and physical environment
				  within the treatment facility.
B.
				  Each recipient has the right to be treated with courtesy and with full respect
				  for his or her individuality and dignity, and to recognition that his or her
				  personality, needs and aspirations are not determinable on the basis of a
				  psychiatric diagnosis.
C.
				  Recipients have the right to have their privacy assured and protected and to
				  preserve the basic rhythm of their lives to the greatest extent possible in
				  light of their treatment needs.
D.
				  The treatment facility shall be designed to afford recipients comfort and
				  safety, shall promote dignity and independence and shall be designed to make a
				  positive contribution to the efficient attainment of treatment goals.
E. Each inpatient or residential facility
				  shall provide at least:
1. nutritious food in
				  adequate quantities;
2. access to
				  or provision of adequate professional medical care;
3. a level of sanitation, ventilation and
				  light that meets health standards;
4. a reasonable amount of space per person in
				  sleeping areas;
5. a reasonable
				  opportunity for physical exercise and recreation, including access to outdoor
				  activities;
6. an area for private
				  conversation with other recipients and family and friends; if all designated
				  areas are in use, staff shall make other reasonable arrangements to assure the
				  recipient's and visitor's comfort and privacy;
7. an area for private telephone
				  conversations;
8. areas that assure
				  privacy for personal hygiene, counseling and physical examinations;
9. a secure and accessible storage area of
				  adequate size to accommodate the recipient's personal belongings;
10. opportunities for appropriate involvement
				  in community activities, subject to the requirements of Section III, I
				  ndividualized Treatment and Discharge Plan in Inpatient Settings;
11. common areas with space and equipment
				  sufficient to permit patients comfortably to socialize, relax, or engage in
				  leisure time activity. To reduce the chance that recipients engaged in
				  activities will intrude upon others not similarly engaged, such areas shall be
				  equipped so that intrinsically incompatible activities are not performed in the
				  same areas; and
12. schedule of
				  available therapeutic, rehabilitative and recreational activities to each
				  recipient. The schedule shall be updated monthly or more frequently as
				  necessary.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 193-1-B-V - INFORMED CONSENT TO TREATMENT

Current through 2024-29, July 17, 2024
A. Right to
				  informed consent. Recipients have the right to informed consent for all
				  treatment.
B. Statement of purpose.
				  This rule has the following purposes:
1. To
				  promote respect for individual autonomy and recipient participation in
				  decision-making;
2. To ensure that,
				  whenever possible, the informed consent of a recipient is obtained prior to
				  treatment;
3. To avoid, whenever
				  possible, forcible imposition of any treatment;
4. To provide reasonable standards and
				  procedural mechanisms for determining when to treat a recipient absent his or
				  her informed consent, consistent with applicable law; and
5. To ensure that the recipient is fully
				  protected against the unwarranted exercise of the state's parens patriae
				  power.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 193-1-B-VI - BASIC RIGHTS

Current through 2024-29, July 17, 2024
A. Recipients have
				  the right to freedom of association and communication.
B. Recipient's Right to Visitors
1. Each facility shall establish the most
				  liberal visiting policies that are administratively feasible.
a. Each facility shall establish regular
				  daily visiting hours. Such hours shall be prominently posted in the facility.
				  Visitation during these hours shall not require prior notification or request
				  by either the recipient or the visitor except when such visits would conflict
				  with regularly scheduled therapeutic activities of which the recipient has been
				  notified.
b. Recipients have the
				  right to refuse or terminate visitation from specific visitors or all
				  visitors.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 193-1-C-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
These rules [Part C] are applicable to all outpatient
					 agencies or programs that are licensed or funded by the Department of
					 Behavioral and Developmental Services to provide mental health services to
					 recipients. Part C should be read in conjunction with Part A, Rules of General
					 Applicability.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 193-1-C-II - INDIVIDUALIZED SUPPORT PLANNING PROCESS

Current through 2024-29, July 17, 2024
A. The
				  individualized support planning (ISP) process will result in the development of
				  a life plan based upon the wants and needs of the recipient.
B. All recipients with severe and prolonged
				  mental illness have the right to an ISP presentation and, if they so choose, an
				  ISP.
C. For those recipients who
				  accept the ISP process, the following stages win occur:
1. A life plan will be developed with the
				  recipient, based upon the recipient's vision of his or her future and will
				  include consideration of all areas that the recipient deems relevant. The time
				  frame of the life plan will be defined by the recipient.
2. A list of needs will be developed with the
				  recipient, including those things that need to occur for the recipient to move
				  toward his or her vision of the future. This list should include those needs
				  that appear as unlikely to be met at the time the list is developed.
3. The recipient will select the areas that
				  he or she wishes to target for immediate activity, in order to move toward his
				  or her life plan.
4. Action plans
				  will be developed in instances in which recipients and providers agree to work
				  toward the achievement of a goal. The action plan will be consistent with the
				  recipient's life plan, priority needs and targets. The action plan will contain
				  the following:
a. Measurable
				  outcomes;
b. Criteria for
				  success;
c. Time frames;
				  and
d. Assignment of
				  responsibilities.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 193-1-C-IV - INFORMED CONSENT TO TREATMENT AND/OR SERVICES

Current through 2024-29, July 17, 2024
A. Recipients have the right to informed
				  consent for all treatment and/or services.
B. Statement of purpose. This rule has the
				  following purposes:
1. To promote respect for
				  the individual autonomy and recipient participation in
				  decision-making;
2. To ensure that
				  the informed consent of a recipient is obtained prior to treatment and/or
				  services;
3. To avoid the forcible
				  imposition of any treatment and/or services;
4. To provide reasonable standards and
				  procedural mechanisms for determining when to treat and/or serve a recipient
				  absent his or her informed consent, consistent with applicable law
				  and
5. To ensure that the recipient
				  is fully protected against the unwarranted exercise of the state's parens
				  patriae power.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 2 - RULES GOVERNING ESSENTIAL STANDARDS AND BASIC PRINCIPLES REQUIRED OF CERTAIN ASSERTIVE COMMUNITY TREATMENT TEAMS FOR PARTICIPATION IN THE PROGRESSIVE TREATMENT PROGRAM › Section 193-2-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
As required by P.L. 2009, ch. 651, § 32, this rule sets
				  forth requirements relating to national standards that an ACT Team must meet in
				  order to provide ACT services under the Progressive Treatment Program, when the
				  applicant is an ACT Team Director or Chief Administrative Officer of a hospital
				  (other than Riverview Psychiatric Center or Dorothea Dix Psychiatric Center)
				  providing inpatient psychiatric services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 2 - RULES GOVERNING ESSENTIAL STANDARDS AND BASIC PRINCIPLES REQUIRED OF CERTAIN ASSERTIVE COMMUNITY TREATMENT TEAMS FOR PARTICIPATION IN THE PROGRESSIVE TREATMENT PROGRAM › Section 193-2-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
ACT Fidelity Assessment
- An ACT Fidelity
				  Assessment is a review of an ACT Team and ACT Services, using the ACT Fidelity
				  Scale, fidelity scale protocol, fidelity score sheet, and other processes and
				  materials described in SAMHSA's Evidence Based Practices KIT, Assessing Your
				  Program, ACT, Draft 2003, available for download at:
http://store.samhsa.gov/product/SMA08-4345
ACT Fidelity Scale
- The ACT Fidelity Scale is
				  the 5-point scale, ranging from 1 ("not implemented") to 5 ("fully
				  implemented"), to measure the degree of implementation of the ACT program by
				  assessing critical ingredients, as described in SAMHSA's Evidence Based
				  Practices KIT, Assessing Your Program, ACT, Draft 2003. (Appendix A)
ACT Services
- ACT services are the services
				  described in chapter II, section 17.04-4 of the MaineCare Benefits Manual (CMR
				  10-144, ch. 101) provided by an ACT Team.
Assertive Community Treatment (ACT) Team
- An
				  Assertive Community Treatment team is a team of service providers as described
				  in chapter II, section 17.04-4 of the MaineCare Benefits Manual (CMR 10-144,
				  ch. 101) providing ACT Services.
Department
- The Department is Maine's
				  Department of Health and Human Services.
OAMHS
- OAMHS is the Maine Department of Health
				  and Human Services, Office of Adult Mental Health Services.
Progressive Treatment Program (PTP)
- The
				  Progressive Treatment Program is the program for court-ordered community mental
				  health services set forth in
				  34-B M.R.S.
				  §3873-A.
SAMHSA
- SAMHSA is the Substance Abuse and
				  Mental Health Services Administration of the U. S. Department of Health and
				  Human Services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 2 - RULES GOVERNING ESSENTIAL STANDARDS AND BASIC PRINCIPLES REQUIRED OF CERTAIN ASSERTIVE COMMUNITY TREATMENT TEAMS FOR PARTICIPATION IN THE PROGRESSIVE TREATMENT PROGRAM › Section 193-2-3 - ACT TEAM REQUIREMENTS

Current through 2024-29, July 17, 2024
In order to provide ACT services under PTP, the ACT team must
				  substantially comply with the definition of Assertive Community Treatment under
				   34-B M.R.S.
				  §3801(11) and:
1. Notify the Director of OAMHS, of its
				intention to provide PTP services.
2. Complete and submit to OAMHS an initial
				self-assessment using the ACT Fidelity Assessment.
3. Agree to conduct self-assessments and
				participate in external ACT Fidelity Assessments upon request from the
				Department.
4. Meet or exceed the
				minimum score for each of the criteria in the ACT Fidelity Scale in Appendix A,
				except that if the ACT Team scores less than the minimum on any criterion, the
				ACT Team may provide PTP services if it immediately submits to OAMHS and
				implements a plan of correction.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 4 - RULES FOR BOARD REPRESENTATION AT COMMUNITY MENTAL HEALTH PROGRAMS › Section 193-4-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
By passage of P.L. 1986, Chapter 761, the 112th Maine
				  Legislature directed the Department of Mental Health and Mental Retardation to
				  promulgate rules to assure representation on the boards of directors of
				  community mental health programs principally funded by the department from area
				  affiliates of the Maine State Alliance for the Mentally Ill or similarly
				  organized mental health consumer organizations, such as the Coalition for the
				  Psychiatrically Labeled. Legislative intent, based on testimony before the
				  Committee on Appropriations and Financial Affairs, was to require a consumer
				  voice and consumer vote in the policy deliberations of agencies receiving
				  substantial public funding which, because of the amount and type of their
				  services, make a major impact on the lives of consumer's of mental health
				  services and their families.
The rules outlined in this chapter are limited to the
				  following community mental health agencies which have been determined by the
				  Bureau of Mental Health to be within the scope of legislative direction
				  authorizing these rules:
Aroostook Mental Health Center of Caribou, Maine
Community Health & Counseling Services of Bangor,
				  Maine
Kennebec Valley Mental Health Center of Waterville,
				  Maine
Motivational Services, Inc. of Augusta, Maine
Tri-County Mental Health Services of Lewiston, Maine
York County Counseling Services of Saco, Maine
Bath-Brunswick Mental Health Association of Brunswick,
				  Maine
Mid-Coast Mental Health Center of Rockland, Maine
[Holy Innocents' Home Care Service of Portland, Maine]
The above agencies will hereinafter be referred to as
				  "affected agencies" or, in singular, as an "affected agency." The Bureau of
				  Mental Health may add additional agencies by amendment to these rules in
				  accordance with the Administrative Procedures Act.
NOTE: The Legislative specification of affiliates of the
				  Maine State Alliance for the Mentally Ill and such organizations as the
				  Coalition for the Psychiatrically Labeled makes it clear that the intent is to
				  require representation from organizations whose mission involves support and
				  advocacy relating to persons suffering from or affected by severe and
				  persistent mental illness. There are many other family support and consumer
				  organizations concerned with other mental health-related issues, such as
				  Alcoholics Anonymous or parent support and advocacy groups. Those organizations
				  are not within the scope of these rules.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 4 - RULES FOR BOARD REPRESENTATION AT COMMUNITY MENTAL HEALTH PROGRAMS › Section 193-4-2 - Consumer Representation Required

Current through 2024-29, July 17, 2024
Effective January 1, 1987, affected agencies shall maintain
				  at all times at least one member on their board of directors who is a
				  representative of an area affiliate of the Maine State Alliance for the
				  Mentally Ill or of a similarly organized mental health consumer organization,
				  such as the Coalition for the Psychiatrically Labeled. Such representative
				  shall be a fully-empowered voting member of the board of directors. Advisory
				  status is not sufficient. Such representative shall be approved by the officers
				  or board of the area affiliate or consumer organization of which he/she is a
				  member.
Short, temporary vacancies in representation caused by
				  resignation or other legitimate reason shall not be considered failure to
				  comply with these rules, provided that the affected agency makes a good faith
				  effort to fill the vacancy in a reasonable time.
NOTE: For purposes of this section, a vacancy of less than
				  sixty days shall be considered a short, temporary vacancy and a reasonable time
				  to fill that vacancy.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 4 - RULES FOR BOARD REPRESENTATION AT COMMUNITY MENTAL HEALTH PROGRAMS › Section 193-4-3 - Certification of Compliance; Enforcement; Appeal

Current through 2024-29, July 17, 2024
Affected agencies shall certify their compliance with these
				  rules in writing to their Bureau of Mental Health Contract Administrator. Such
				  certification shall identify the representative and his/her affiliation with an
				  appropriate organized mental health family support or consumer organization.
				  The Contract Administrator shall be similarly notified of vacancies in
				  representation and of the affected agency's plan to fill that vacancy in a
				  reasonable time.
As contracts with the Bureau of Mental Health require that
				  "(t)he Provider warrants and represents that all governmental ordinances, laws
				  and regulations shall be complied with" (Agreement to Purchase Community Mental
				  Health Services, Rider B, Item 16), failure to comply with these rules shall be
				  considered noncompliance with the conditions for department funding under said
				  contract or agreement. If the Contract Administrator believes that an affected
				  agency is not in compliance, he/she shall notify the Commissioner and shall
				  further require that the agency show cause why the agency should not be found
				  in noncompliance.
The Commissioner shall schedule a meeting with the affected
				  agency at which the agency will be given the opportunity to show that it is in
				  fact in compliance. If the agency fails to satisfy the Commissioner as to its
				  compliance with these rules, he/she shall make that finding and shall direct
				  the agency as to specific steps required to come into compliance and shall
				  establish a time-frame within which the agency shall be required to take such
				  specific steps. If at the end of this time the agency fails to satisfy the
				  Commissioner that it has taken the steps directed to rectify the situation and
				  has come into compliance with these rules, then the Commissioner shall issue
				  finding to that effect and shall direct the Contract Administrator to withhold
				  contract payments until such time as the agency is found in compliance. The
				  Commissioner's finding that the agency has failed to take corrective steps as
				  directed and is not in compliance shall be final agency action.
Further appeal of a finding of noncompliance may be sought
				  through the procedures as set forth in the Maine Administrative Procedures Act
				  (
				  5 MRSA,
				  Section11001 et seq.). This statute provides
				  for further appeal.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 4 - RULES FOR BOARD REPRESENTATION AT COMMUNITY MENTAL HEALTH PROGRAMS › Section 193-4-4 - Department Assistance

Current through 2024-29, July 17, 2024
The Bureau of Mental Health will assist affected agencies to
				  comply with these rules upon their request. The Bureau's Office of Community
				  Support Systems will maintain a list of appropriate consumer organizations in
				  each mental health service area. The Office will also advise affected agencies
				  on recruitment of appropriate representatives upon agency
				  request.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 6 - MENTAL HEALTH LICENSING REGULATIONS › LEGAL AUTHORITY AND SCOPE

Current through 2024-29, July 17, 2024
These regulations are promulgated under authority of
				   34-B M.R.S.A.3603,
				  3606 and apply to the following:
* All mental health agencies, facilities, or programs as
				  defined by 34-B M.R.S.A. s3601, 3606, or;
* All mental health agencies, facilities, or programs funded
				  by either the Bureau of Mental Health or the Bureau of Children with Special
				  Needs for the provision of mental health services.
Excluded from these regulations are the following:
* Agencies receiving funds from the Department of Mental
				  Health and Mental Retardation solely for service not contained within the
				  definition of 34-B M.R.S.A.36012 ); and agencies licensed according to 34-B
				  M.R.S.A.12035 ).
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 6 - MENTAL HEALTH LICENSING REGULATIONS › LICENSING ELIGIBILITY CRITERIA

Current through 2024-29, July 17, 2024
Organizations seeking licensure by the Division of Licensing
				  must meet the following criteria:
* The organization is incorporated.
* The organization and/or its components deliver, or expect
				  to deliver, mental health services in the State of Maine.
* The organization must demonstrate that it will be able to
				  secure enough funds for the first year of operation, e.g., budgets, letters of
				  agreement, credit lines, endowment funds, donations.
* The Organization must have a site from which it administers
				  and/or delivers mental health services that are approved for
				  occupancy.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 6 - MENTAL HEALTH LICENSING REGULATIONS › CORE STANDARDS

Current through 2024-29, July 17, 2024
The standards listed on pages 1 through 32 constitute the
				  core mental health standards. That is, all mental health services with the
				  exception of social clubs are required to comply with these standards. These
				  core standards, in addition to any other program specific standards applicable
				  to your agency, will be applied during the licensing survey. The core standards
				  are divided into two major sections: agency management and clinical
				  management.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 7 - RULES GOVERNING THE DISCLOSURE OF INFORMATION PERTAINING TO MENTALLY DISABLES CLIENTS › Section 193-7-A - DEFINITIONS

Current through 2024-29, July 17, 2024
(1) Client. A client is a person receiving
				mental health services from an agency licensed, funded or operated by the
				Department of Mental Health and Mental Retardation or from any public or
				private inpatient psychiatric unit.
(2) Direct care. An individual provides
				direct care if, on other than a fee for service basis, the individual assists a
				client in the tasks of daily living, such as the taking of medication, making
				or meeting appointments, the planning or preparing of meals or other household
				chores. The provision of transportation or of financial support alone do not
				constitute direct care.
(3)
				Licensed mental health professional. For the purposes of these rules, a
				licensed mental health professional is an individual who is practicing in one
				of the following professions and who meets the licensing standards of that
				profession as described below and who also either is contracted by or in the
				employ of an agency licensed or funded by the Department of Mental Health and
				Mental Retardation for the provision of mental health services or is in the
				employ of or practicing in a public or private inpatient psychiatric unit,
				including the state operated mental health institutes.
a. A psychiatrist who has a current and valid
				license to practice medicine in the State of Maine and who is certified by,
				eligible for certification by, or who upon completion of a current residency
				program and post-residency requirements will become eligible for certification
				by the American Board of Psychiatry and Neurology.
b. A psychologist who is licensed as a
				psychologist by the Maine Board of Examiners of Psychologists.
c. A nurse who is licensed as a registered
				professional nurse by the Maine State Board of Nursing and who holds a Master's
				or higher degree in psychiatric or mental health nursing awarded by an
				accredited institution of higher learning or who is certified by the American
				Nurses' Association as a psychiatric and mental health nurse or as a clinical
				specialist in adult psychiatric and mental health nursing.
d. A social worker who is licensed as a
				licensed clinical social worker or as a licensed master social worker by the
				Maine Board of Social Worker Licensure in accordance with 32 M.R.SA 7001-A, et
				seq.
e. A licensed clinical
				professional counselor who is licensed by the Maine State Board of Counseling
				Professionals Licensure in accordance with 32 M.R.SA. 13851 et seq.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 7 - RULES GOVERNING THE DISCLOSURE OF INFORMATION PERTAINING TO MENTALLY DISABLES CLIENTS › Section 193-7-B - DISCLOSURE OF CONFIDENTIAL INFORMATION Permitted Disclosure by Licensed Mental Health Professional

Current through 2024-29, July 17, 2024
(1) Authorized
				Release. A client may give authorization for the release of information that is
				otherwise confidential upon properly executing written authorization for
				release of information in accordance with 34-B M.R.S.A.1207(l)(A); or by
				executing a declaration in accordance with 34-B M.R.S.A.11001 and including in
				it a provision for the release of information to designated persons, providing
				the contingencies that make the declaration operative have occurred.
(2) Disclosure Request. A family member of a
				client or other person may request release of confidential information
				pertaining to a client that is maintained by agencies licensed, funded or
				operated by the Department of Mental Health and Mental Retardation, if a family
				member or other person lives with or provides direct care to the client. The
				request must be made in writing and include the following information:
a. The client's name and information such as
				birth date or social security number, to assure proper identification of the
				client,
b. The requester's name,
				address and telephone number,
c.
				The individuals relationship to the client;
d. Whether the person lives with the client
				and, if so, a description of the arrangement;
e. A description of the direct care the
				person provides to the client;
f.
				The reason for requesting the information, including why the individual making
				the request believes it would be in the client's best interest;
g. The information requested, which may not
				include information beyond that listed in section B.4.; and
h. A description of the significant
				deterioration the person believes the client would suffer if the information is
				not provided.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 7 - RULES GOVERNING THE DISCLOSURE OF INFORMATION PERTAINING TO MENTALLY DISABLES CLIENTS › Section 193-7-D - IMPLEMENTATION OF APPEAL DECISION

Current through 2024-29, July 17, 2024
(1) Upon receipt of
				a certified copy of the decision, the licensed mental health professional to
				whom the copy was directed shall disclose such information as may be allowed by
				the decision, within the limits and by the means established by the
				decision.
(2) The licensed mental
				health professional shall provide information to the client on how otherwise to
				effect the release of information with an authorization for release of
				information or other means of disclosing information and shall otherwise offer
				such professional services as the agency may have means to provide to resolve
				the disagreement that gave rise to the appeal.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 7 - RULES GOVERNING THE DISCLOSURE OF INFORMATION PERTAINING TO MENTALLY DISABLES CLIENTS › CAREGIVER REQUEST FOR DISCLOSURE OF INFORMATION

Current through 2024-29, July 17, 2024
(You may use additional paper for explanations)
Name of person making request (your
				  name):___________________________________
Address:___________________________________________________________________
Telephone:_________________________________________________________________
Name of Licensed Mental Health professional from whom you are
				  requesting information:__________________
Agency___________________________________________________________
Address:__________________________________________________________
Phone:___________________________________________________________
I wish information
				  regarding:___________________________________________
___________________________________________________________________
Name:_____________________________________________________________
DOB:________________________________________________________________
Address:______________________________________________________________
Phone:________________________________________________________________
My relationship to the person
				  is:___________________________________
Do you live with the person" YES NO
If you do not live with the person, what direct care do you
				  provide them (describe)"_____________
__________________________________________________________-
Do you receive payment for providing direct care to this
				  person" YES NO
I request that you provide the following information (check
				  information you wish to be disclosed).
[] Diagnosis.
[] Behavioral management strategies I may be able to assist
				  with.
[] Treatment plan and goals that relate to the direct care I
				  provide.
[] Medications prescribed, side effects and likely
				  consequences of not taking it as prescribed. (over)
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-1 - Introduction

Current through 2024-29, July 17, 2024
Title
				   34-B MRSA
				  §1207(1)(H) authorizes
				  the Department to adopt rules to make available to the public the names and
				  dates of death of individuals who died while patients at the Augusta Mental
				  Health Institute, the Bangor Mental Health Institute, or the Riverview
				  Psychiatric Center. The rules must require the Department to notify the public
				  regarding the release of the information and to maintain the confidentiality of
				  information concerning any deceased individual whose surviving relatives notify
				  the department that they object to public disclosure.
These rules apply only to information maintained by the
				  Department of Health and Human Services and only for the purpose of creating a
				  Memorial.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-2 - Definitions

Current through 2024-29, July 17, 2024
1.
Individual who died at a State
				Facility
. An individual who died at a State Facility is a person who was
				a patient at a State Facility, and who died --
a. while an inpatient at one of these
				facilities;
b. during an escape from
				one of these facilities; or
c.
				within three days of transfer from one of these facilities to another medical
				hospital.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-3 - Use of Previously Confidential Information

Current through 2024-29, July 17, 2024
1. The Department may release to the public
				otherwise confidential information about Individuals who died at State
				Facilities for the sole purpose of creating and maintaining Memorials at State
				Facilities. The release must be only to the extent necessary to create and
				maintain the Memorials.
2. Only the
				name and date of death of an Individual who died at a State Facility may be
				part of a Memorial. The Department must maintain the confidentiality of all
				other information as required by state and federal laws.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-4 - Notice to Relatives of Intent to Release Information

Current through 2024-29, July 17, 2024
1. Before creating a Memorial, the Department
				must notify Relatives of its intent to release confidential information of
				individuals to the extent permitted under this rule for the purpose of creating
				a Memorial.
2. Notice to Relatives
				of Individuals who died at a State Facility during or after 1980 shall be made
				in writing to the next of kin if the name of next of kin and an address can be
				discerned from the individual's medical record maintained at the State
				Facility.
3. Notice to Relatives of
				Individuals who died at a State Facility before 1980 shall be made by placing
				notices in selected newspapers to achieve statewide publication and on the
				State of Maine web site describing the Department's intent to create a
				Memorial. Notice must state that the name and date of death of Individuals who
				died at State Facilities may be part of the Memorial and must note the process
				by which Relatives may prevent release of that information.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-5 - Relatives' Right to Prevent Release of Information

Current through 2024-29, July 17, 2024
1. Any Relative of an Individual who died at
				a State Facility may prevent the Department from including the Individual in a
				Memorial by notifying the Department of the Relative's objection within the
				deadline specified in the public or individual notice. Once the deadline has
				passed without an objection being made, the Department may include the
				Individual's information in the Memorial and maintain it there without
				liability to or other recourse by any Relative of the Individual.
2. A Relative who wishes to prevent release
				of information shall notify the Department of any objection in writing, in
				person, by e-mail, or by telephone. A Relative who is objecting to release of
				information must identify himself or herself to the satisfaction of the
				Department, provide the name of the Individual who died at a State Facility,
				and state the relationship of the Relative to the Individual. The Department
				shall not require a Relative to provide proof of the relationship to make a
				valid objection.
3. Any Relative
				who has objected to including a related Individual who died at a State Facility
				in a Memorial may reverse that decision at any time and request inclusion of
				that family member in a Memorial. In its discretion, the Department may include
				the
Individual after all Relatives presenting initial objections
				  notify the Department that they wish to reverse their
				  decisions.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 20 - RULES GOVERNING THE DISCLOSURE OF LIMITED INFORMATION PERTAINING TO INDIVIDUALS WHO DIED IN STATE PSYCHIATRIC FACILITIES FOR PURPOSES OF CREATING A MEMORIAL › Section 193-20-6 - Additions and Corrections to Memorials

Current through 2024-29, July 17, 2024
When information included in a Memorial is incomplete or
				  incorrect, interested persons may provide the missing or corrected information
				  to the Department in writing, by letter or e-mail. If the Department is
				  satisfied that the provided information is accurate, the Department may add or
				  correct the information included in the Memorial.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 40 - REVIEW OF REQUESTS FOR SPECIALIZED OUT-OF-STATE MENTAL HEALTH TREATMENT FOR ADULTS › Section 193-40-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
To remain consistent with the Department's goals of
				  developing a system of care for adults with mental illness in the state of
				  Maine, that is high quality, accountable, cost-effective, fair and client
				  centered, a protocol and criteria for preauthorization of specialized
				  out-of-state mental health treatment have been developed.
Requests for specialized out-of-state treatment come from a
				  variety of sources and are directed to staff at every level of the Department.
				  Clients for whom such requests are made may be currently engaged in outpatient
				  treatment, in-patient treatment or no treatment. Therefore, a consistency of
				  approach to make these decisions with clear criteria for authorizing
				  specialized treatment based on medical necessity, best clinical practice, and
				  cost-effectiveness is in the interest of everyone affected by these
				  decisions.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-1-01 - INTRODUCTION

Current through 2024-29, July 17, 2024
This rule sets forth the rights and basic protections of
				  persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired
				  Brain Injury in accordance with 22 M.R.S. § 3089 and 34-B M.R.S. §
				  5605, so that these rights may be exercised and protected. These rights and
				  basic protections may not be restricted or waived by the person's guardian,
				  unless otherwise authorized by law or by a rule adopted by the Department
				  pursuant to 34-B M.R.S. § 5604.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-1-02 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Acquired Brain Injury (ABI)
:
				means an insult to the brain resulting directly or indirectly from trauma,
				anoxia, vascular lesions, or infection, which:
A. Is not of a degenerative or congenital
				nature;
B. Can produce a diminished
				or altered state of consciousness resulting in impairment of cognitive
				abilities or physical functioning;
C. Can result in the disturbance of
				behavioral or emotional functioning;
D. Can be either temporary or permanent; and
E. Can cause partial or total
				functional disability or psychosocial maladjustment.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-1-03 - NOTICE OF RIGHTS AND BASIC PROTECTIONS

Current through 2024-29, July 17, 2024
Each Person Receiving Services, or their guardian if they
				  have been adjudged incompetent, must be provided notice of these rights both in
				  writing and orally, in clear, understandable language and form.
1.
Procedure for Notification and
				Documentation
Persons Receiving Services shall be informed of and must be
				  offered a copy of these rights and basic protections by Providers at the time
				  of intake and initiation of services, or as soon afterwards as is reasonably
				  feasible, and then annually thereafter.
Notification must be made in a form that the Person
				  Receiving Services can easily understand. If the Person Receiving Services does
				  not understand English, is blind or visually impaired, or is Deaf or hard of
				  hearing, the notification must be provided in an accessible format and/or
				  conducted by an interpreter.
2.
Posting of Rights and Basic
				Protections
Copies of these rights and basic protections shall be shared
				  electronically with Persons Receiving Services by Providers, and posted by
				  Providers in a public place where they are clearly visible to Persons Receiving
				  Services. Rights and Basic Protections must be posted in clear, understandable
				  language and in form(s) accessible by the Persons Receiving Services.
				  Additional copies of these rules must be made available upon
				  request.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury › Section 197-1-05 - REMEDIES FOR VIOLATIONS OF RIGHTS AND BASIC PROTECTIONS

Current through 2024-29, July 17, 2024
1. A Person Receiving Services has the right
				to submit a Grievance against the Department or Providers in accordance with
				14-197 C.M.R. ch. 8. They have the right to submit a Grievance to the
				Department without retaliation prohibited by law.
A. The Department must provide accessible and
				regular notice of its Grievance process to Persons Receiving Services,
				guardians, families, Providers and stakeholders.
B. Notice of the right to submit a Grievance
				must be included in informational materials, in personal planning
				correspondence, and when a Person Receiving Services receives a decision
				reducing or denying services and supports.
C. Notice must be written in clear,
				understandable language and form and include the contact information of Maine's
				Protection and Advocacy Agency.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 3 - DEFINITION OF MENTAL RETARDATION AND AUTISM; APPEAL PROCEDURE › Section 197-3-1 - POLICY STATEMENT ON MENTAL RETARDATION

Current through 2024-29, July 17, 2024
As part of its process for the provision of services to
				  persons with mental retardation, the Office utilizes the definition of mental
				  retardation as adopted by the American Association on Mental Retardation and
				  the American Psychiatric Association.
"Mental retardation refers to significantly sub-average
				  general intellectual functioning existing concurrently with deficits in
				  adaptive behavior, and manifested during the developmental period". (
				   34-B MRSA
				  §5001(3) ).
1. Sub-average intellectual functioning is
				defined as an intelligence quotient obtained by assessment with one or more of
				the individually administered general intelligence tests, e.g. Wechsler Scales,
				Stanford-Binet, Cattell or comparable tests. Individuals obtaining a score more
				than two standard deviations below the mean (average) score (approximate I.Q.
				score of 70) will be assessed as having subnormal intelligence, e.g., Wechsler
				approximately 69, Stanford-Binet, approximately 67.
2. Adaptive behavior is defined as the
				effectiveness or degree with which the individual meets the standards of
				personal independence and social responsibility expected of his age and
				cultural group. Level of adaptive behavior will be appropriately determined
				through the use of developmental scales, such as the AAMD Adaptive Behavior
				Scales, Vineland Social Maturity Scale, Fairview Developmental Scale,
				Callier-Azusa Scale, the Alpern Bolls Assessment Scale, etc. Other scales may
				be used, but must have appropriate standardization and norms to effectively
				assess adaptive behavior. Individuals having scored more than two standard
				deviations below the mean for normal age peers, or otherwise falling within a
				similar normative classification of 'Developmental Retardation" (depending on
				instrument used), shall be determined to have deficits significant enough to be
				considered as potentially having mental retardation.
3. Developmental period is defined as age
				eighteen (18) years or younger.
Once an applicant has been determined ineligible for
				  services, reapplications shall only be considered if there is new information
				  concerning the applicant's functioning during the developmental
				  period.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-1 - Statement of Purpose Basis Statement

Current through 2024-29, July 17, 2024
These joint regulations have been developed in order that
				  developmentally delayed children ages 0 to 5 and mentally retarded children
				  ages 5 to 20 shall benefit from the appropriate range of services from the
				  School Administrative Units, the Bureau of Mental Retardation and the
				  Department of Educational and Cultural Services. Division of Special Education;
				  to assure coordination of these services, to delineate clearly agency
				  responsibilities; and to improve interagency communications and
				  relations.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-2 - Parental Role

Current through 2024-29, July 17, 2024
Permission from the child's parent(s)/legal guardian/
				  surrogate parent shall be obtained before any initial plan developed by the
				  Pupil Evaluation Team will be implemented in accordance with any current
				  statutory and/or regulatory requirements.
Permission from the child's parent(s)/legal guardian shall be
				  obtained before any plan developed by the Interdisciplinary Team will be
				  implemented in accordance with any current statutory and/or regulatory
				  requirements.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION › Section 197-4-3 - Definitions

Current through 2024-29, July 17, 2024
A. Bureau of Mental Retardation, Department
				of Mental BMR Health and Mental Retardation.
B. Child Development Worker - performs
				in-home programming CDW for the developmentally delayed children from birth to
				school entrance; coordinates with other agencies for the developmentally
				delayed children.
C. Community
				Services Coordinator - serves school-aged CSC mentally retarded children and
				adults with primary focus being case management and not direct
				service.
D.
(1) Children 0-5 years with demonstrated
				developmental delays Develop in two or more areas of development; and/or a
				delay in mentally the speech/hearing area, or, Delayed Children
(2) Children who have a specific
				diagnosis/disability which may interfere with their developmental growth,
				or,
(3) Children 0-5 years who can
				be considered at-risk for future developmental problems - the medically at
				risk, the environmentally disadvantaged, and the child with sensory, motor
				and/or mental disabilities.