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 2 - LICENSING APPLICATION PROCEDURES

Current through 2024-29, July 17, 2024
2.A.
				Requirements
2.A.1. No home health care
				agency may provide home health care services without receiving a license from
				the Department authorizing such services or operation.
2.A.2. The applicant shall comply with all
				applicable Maine Statutes and rules and regulations.
2.A.3. No home health care agency shall
				accept any remuneration for delivering home health care services without having
				first secured a license authorizing its operation in accordance with these
				regulations.
2.A.4. Any person,
				organization or corporation seeking home health licensure shall make an
				appointment for a preliminary conference at the Division of Licensing and
				Certification at least forty-five (45) days prior to the initial
				survey.
2.A.5. The following are
				exempt from the provisions of this chapter in accordance with
				 22 MRSA
				§2147:
a. Hospice organizations; volunteer services.
				Hospice organizations in which services are provided substantially by
				volunteers;
b. Families, friends
				and neighbors,
c. Sole
				practitioners. Sole practitioners otherwise licensed by the State;
d. Physicians. Services provided directly by
				physicians;
e. Elderly nutrition
				programs;
f. Chore
				services;
g. Pharmacy or medical
				supply company. Any pharmacy or medical supply company which furnishes no home
				health services to persons in their homes except supplies;
h. Persons or agencies contracting or
				arranging home health services. Anyone contracting or arranging for home health
				services provided by home health care providers licensed or excluded under this
				chapter,
i. Departments. Departments
				of State Government;
j. Facilities
				licensed pursuant to Chapter 405. Hospitals, nursing care facilities, skilled
				nursing facilities, or other facilities licensed pursuant to Chapter 405 when
				the services are provided either to clients residing in those facilities or to
				six (6) or fewer clients at any one time in their homes under a plan of care
				approved by the Department or its designee when it is documented in the
				patient's record that the licensed home health care agency or agencies serving
				the patient's area:
1. Have indicated that
				they are unable to provide those services; or
2. Agree that the plan of care is an
				acceptable plan.
The plan of care must meet standards for staff qualifications
				  and supervision consistent with the standards required of licensed home health
				  care providers;
k. Licensed Boarding Care Facilities.
				Boarding care facilities licensed pursuant to Chapters 1663 and 1665 when the
				services are provided to clients residing in those facilities;
l. Municipal Entities. Municipal departments
				or agencies or other municipal entities in their provision of nontherapeutic
				preventive and promotional health educational services where persons providing
				those services are employed by the municipality.
2.A.6. The following are exempt from the
				provisions of this chapter in accordance with Title
				 22 MRSA
				Section2142, Sub-section 3:
Federally qualified health center or a rural health clinic as
				  defined in 42 United States Code, Section 1395X Sub-section (aa) (1993) that is
				  delivering case management services or health education in a client's place of
				  residence.