reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES › Section 197-11-11 - APPEALS PROCESS

Current through 2024-29, July 17, 2024
(A) The Department
				or its Authorized Agent must notify the consumer in writing that he/she has the
				right to appeal any decision to reduce, deny, or terminate services provided
				under this Chapter. In order for services to continue during the appeal
				process, the Department must receive a request for an appeal within ten (10)
				days of the notice to reduce, deny,or terminate services. Otherwise, the
				Department must receive a request for an appeal within sixty (60) days of the
				date of the notice to reduce, deny, or terminate services. The Department or
				Authorized Agent shall inform consumer's in writing of their right to request
				an administrative hearing in accordance with this section.
(B) Requests for appeal must be made by the
				consumer or his or her representative in writing to the Department of Health
				and Human Services, CDPAS Program, 2nd floor Marquardt Building, Augusta ME
				04333, or by telephone by calling 287-4242 or TTY 1 800 606-0215 . The date a
				written or verbal request is received by the Department is considered the date
				of request for the hearing.
(C) If
				any of the following circumstances exist, the Office of Administrative
				Hearings, Maine Department of Health and Human Services may dismiss the request
				for an administrative hearing. This dismissal is the final agency action on
				this matter.
1. The Consumer withdraws the
				request for the hearing.
2. The
				Consumer, without good cause, abandons the hearing by failing to
				appear.
3. The sole issue being
				appealed is one of federal or state law or policy requiring and automatic
				change adversely affecting some or all consumer's.
4. The consumer dies.
Where an consumer's request for an administrative hearing is
				  dismissed pursuant to this Section, the Office of Administrative Hearings shall
				  notify the member of his/her right to appeal that decision in Superior
				  Court.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 12 - REPORTABLE EVENTS SYSTEM › Section 197-12-2 - REPORTING REPORTABLE EVENTS TO THE DEPARTMENT

Current through 2024-29, July 17, 2024
1.
Who Must Report
A. Any Required Reporter shall report a
				Reportable Event through the Reportable Event Database when he or she becomes
				aware of any incident that meets the criteria of Section 2(2)(A).
B. A Required Reporter need not have
				witnessed the incident in order to report that a Reportable Event has occurred.
				Second-hand information received by a Required Reporter triggers the duty to
				report a Reportable Event .
C.
				Where multiple Required Reporters witness or become aware of a Reportable
				Event, only one Reportable Event report is required to be submitted. Where a
				Required Reporter is not submitting a Reportable Event report on the basis that
				a Reportable Event report has already been submitted by another individual, the
				Required Reporter has the affirmative duty to ensure that a Reportable Event
				report has in fact been submitted and that it contains all information known or
				readily available to the Required Reporters related to the Reportable Event ,
				including the names of all witnesses to the Reportable Event.
D. No individual may impede or inhibit a
				Required Reporter's reporting of a Reportable Event. No employer, supervisor,
				manager, or associate of a Required Reporter may require that permission be
				granted to report a Reportable Event, and a person making a report may not be
				subject to any sanction for making a report.
E. This rule does not require an individual
				acting in a professional capacity to report if reporting would violate a legal
				duty of confidentiality.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 12 - REPORTABLE EVENTS SYSTEM › Section 197-12-3 - REPORTABLE EVENTREVIEW AND FOLLOW-UP

Current through 2024-29, July 17, 2024
1.
Provider Reportable Event Internal Review and Remediation
A. When a Provider becomes aware that a
				Reportable Event has been reported involving an Individual Receiving Services
				under the Provider's care (whether through the Reportable Event Database or
				otherwise), the Provider shall conduct an Internal Review into the
				circumstances surrounding the Reportable Event.
i. The Internal Review may involve, but is
				not limited to, the following:
1.
				Communication with the Individual Receiving Services, if appropriate;
2. Communication with any witnesses to the
				Reportable Event , if appropriate;
3. Survey of the area where the Reportable
				Event occurred, if appropriate.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
The purpose of these rules is to articulate the rights of
					 recipients of services who are children in need of treatment so that these
					 rights may be enhanced and protected. Many children in need of services,
					 particularly those who are very young or very disabled, cannot directly
					 exercise their rights. In those cases, it is assumed that a legally responsible
					 parent, guardian or custodian will exercise the child's rights on behalf of the
					 child.
Service recipients should suffer no loss of basic human or
					 civil rights. Because of the circumstances under which recipients are treated,
					 however, the exercise of some rights may require special safeguards. These
					 rules, therefore, intend to keep recipients' rights paramount, to assure that
					 individual rights will be both recognized and protected during the course of
					 services delivery, and to ensure treatment consistent with ethical and
					 professional standards.
If two different standards could be applicable in
					 determining care and treatment provided to any individual client - the law
					 being these rules and federal, state, common law or federal or state
					 administrative rules - the intent of these rules is that the more stringent
					 standard should be applied.
Procedural mechanisms that exist to ensure enforcement of
					 these rules include the licensing authority of the Department of Behavioral and
					 Developmental Services pursuant to
					  34-B MRSA
					 section3606, the grievance and complaint
					 procedures set forth in these rules, and the Department's contracting
					 authority.
Part A, Rules of General Applicability which apply to all
					 recipients, regardless of the treatment setting, should be read in conjunction
					 with either Part B (for inpatient or residential settings) or Part C (for
					 outpatient settings).
These rights shall be interpreted consistent with the
					 overall purposes and principles.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-III - BASIC RIGHTS

Current through 2024-29, July 17, 2024
A. Recipients have
				  the same human, civil and legal rights accorded all minor citizens. Recipients
				  have the right to a humane psychological and physical environment within the
				  facility or program. Recipients have the right to be treated with courtesy and
				  dignity. Recipients are at all times entitled to respect for their
				  individuality and to recognition that their personalities, abilities, needs and
				  aspirations are not determinable on the basis of a psychiatric label.
				  Recipients have the right to have their privacy assured and protected to the
				  greatest extent possible in light of their treatment needs. Recipients shall
				  not be found incapacitated nor denied any right, benefit, privilege, franchise,
				  license, authority or capacity of whatever nature that they would otherwise
				  have simply due to their status as recipients of mental health
				  services.
B. There shall be no
				  limitation on the freedom of religious belief.
C. Discrimination in the provision of
				  services due to race, creed, gender, sexual orientation, national origin,
				  political belief, or handicapping condition shall be prohibited.
D. All basic rights of recipients and of
				  legally responsible parents, guardians or custodians on behalf of recipients
				  shall remain intact unless specifically limited through legal proceedings, as
				  in the case of guardianship; or, in an emergency, or when necessary to protect
				  the rights or safety of the recipient or others, only as outlined in specific
				  sections of these rules.
(1) Recipients are
				  entitled to receive individualized treatment, to have access to activities
				  necessary to the achievement of their individualized treatment goals, to
				  exercise daily, to recreate outdoors, and to exercise their religion.
(2) At no time shall the entitlements or
				  basic human rights set forth in these rules be treated as privileges which must
				  be earned by meeting certain standards of behavior.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-IV - LEAST RESTRICTIVE APPROPRIATE TREATMENT

Current through 2024-29, July 17, 2024
A. Recipients have the right to be treated in
				  the least restrictive available setting utilizing the least restrictive
				  treatment means appropriate to their needs.
B. Any restrictions in an inpatient or
				  residential setting shall, where indicated, be determined and imposed pursuant
				  to the Right to Individualized Treatment and Discharge Plan and the Right to
				  Informed Consent.
C. No recipient
				  shall be held in treatment against his or her will by policy, procedure or
				  practice, except by order of court, by emergency hospitalization procedures or
				  by consent of the legally responsible parent, guardian or custodian.
D. Agencies or facilities proposing persons
				  for commitment shall first fully consider less restrictive appropriate settings
				  and treatment modalities pursuant to 34-B -MRSA section 3864(5).
E. Involuntary hospitalization
				  provisions-shall not be utilized only as a means to accomplish admission, to
				  obtain transportation, or for administrative reasons.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-V - NOTIFICATION OF RIGHTS

Current through 2024-29, July 17, 2024
A. Recipients and
				  their legally responsible parents, guardians or custodians have the right to be
				  notified of all rights accorded recipients of services, by Maine statute, these
				  rules, the Bates v. Peet Settlement Agreement, as applicable and by associated
				  policy. The notice shall provide information about the grievance process and
				  the right to be assisted by a representative of one's choice. The notice shall
				  include a list and description of the advocacy services available.
B. At the time of admission or intake, or as
				  soon afterwards as is reasonably feasible, each recipient and his or her
				  legally responsible parents, guardians or custodians shall be informed, to the
				  extent possible, of the recipient's rights under these rules in terms that are
				  understandable.
(1) Such information shall be
				  given in an age appropriate manner designed to be comprehensible to the
				  individual receiving the information by an employee of the facility or
				  program.
(2) In cases where the
				  recipient does not understand English or is deaf, the notification of rights
				  shall be conducted by an interpreter.
(3) If the recipient's condition at admission
				  or intake precludes understanding of his or her rights, additional attempts to
				  provide information about rights shall occur and be documented.
(4) Documentation of the results of the
				  discussion about rights shall be noted in the recipient's permanent treatment
				  record.
(5) Recipients shall be
				  further advised of their rights pursuant to these rules and the Settlement
				  Agreement in Bates v. Peet, as applicable.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-VII - RIGHT TO DUE PROCESS WITH REGARD TO GRIEVANCES

Current through 2024-29, July 17, 2024
A. Recipients have the right to due process
				  with regard to grievances.
B.
				  Notwithstanding any other civil or criminal recourse the person bringing the
				  grievance may have, the facility, agency, and/or department shall afford every
				  reasonable opportunity for informal resolution of concerns or formal resolution
				  of grievances.
C. A recipient or
				  another person acting on behalf of the recipient may bring grievances regarding
				  possible violations of basic rights, including any rights enumerated in these
				  rules and the Settlement Agreement in Bates v. Peet or any other applicable law
				  or regulation; any questionable or inappropriate treatment or method of
				  treatment; or any policy or procedure or action, or lack thereof, of the mental
				  health agency or facility under these rules. Grievances may be brought by or on
				  behalf of individual clients or groups of clients.
D. Persons who may bring grievances include,
				  but are not limited to:
(1) The recipient; if
				  a recipient files a grievance, his or her legally responsible parent, guardian
				  or custodian shall be notified;
(2)
				  The recipient's legally responsible parent, guardian or custodian;
(3) The recipient's attorney, designated
				  representative or representative of a state governmental rights protection or
				  advocacy agency; and
(4) Other
				  persons specifically aggrieved.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-VIII - COMPLAINTS

Current through 2024-29, July 17, 2024
A. A complaint may be filed by any person or
				  agency which is charged with investigating violations of client rights or with
				  delivering or monitoring mental health services. The complaint procedure may be
				  used when:
(1) such person or agency knows or
				  has reason to believe that the practices, procedures (including the
				  development, substantive terms or implementation of ISP's or hospital treatment
				  and discharge plans) or policies of the Department or of any agency licensed,
				  funded or contracted by the Department to provide services elsewhere described
				  in these rules, violate these rules, the terms of the Settlement Agreement in
				  Bates v. Peet, and any other applicable law or regulation; and
(2) the information was obtained during the
				  general course of the person's or agency's performance of their
				  responsibilities.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-IX - CONFIDENTIALITY OF AND ACCESS TO MENTAL HEALTH RECORDS

Current through 2024-29, July 17, 2024
A. Recipients have the right to
				  confidentiality and to access to their record.
B. All information regarding mental health
				  care and treatment shall be confidential except as otherwise provided
				  below.
C. A legally emancipated
				  recipient and an unemancipated recipient's legally responsible parents,
				  guardians or custodians shall be notified, upon admission or .intake to any
				  facility or program of:
(1) what records will
				  be kept, including any duplicate records;
(2) how the recipient and legally responsible
				  parents, guardians or custodians may see those records;
(3) the use to which the records will be
				  put;
(4) what will happen to the
				  record after the recipient leaves the facility or program;
(5) how to add information to the
				  records;
(6) how to obtain copies
				  of material in records;
(7) the
				  limits of confidentiality, as provided in J below; and
(8) his or her rights pursuant to these rules
				  and the Settlement Agreement in Bates v. Peet, as applicable.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-X - FAIR COMPENSATION FOR WORK

Current through 2024-29, July 17, 2024
A. Recipients
				  have the right to be paid a fair wage for work done.
(1) Each individual or agency subject to the
				  provisions of these regulations shall pay at least the minimum wage to each
				  recipient who performs work regardless of level of performance regardless of
				  whether or not the work is considered therapeutic, and regardless of whether or
				  not the recipient replaces or would replace a non-recipient worker.
(2) Agencies shall compensate any recipient
				  performing any work which is similar or identical to that performed by a
				  non-recipient employee at the same rate as such non-recipient employee is
				  compensated.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-XI - PROTECTION DURING EXPERIMENTATION AND RESEARCH

Current through 2024-29, July 17, 2024
A. Recipients have the right to refuse to
				  participate in experimentation and research without loss of services.
B. All participation in experimentation and
				  research shall be voluntary with full written informed consent, except as
				  provided in these rules.
C. A
				  recipient's refusal to participate in a research project or an experimental
				  activity shall not be cause for denying the provision of indicated services to
				  that recipient.
D. Definitions
(1) Experimentation and research
a. Experimentation and research means the use
				  of any medical, behavioral, or environmental intervention involving practices
				  not commonly accepted by the discipline involved, or the systematic
				  accumulation and codification of data designed to develop or contribute to
				  general knowledge.
b. Experimental
				  drug use means:
i. the use of any Food and
				  Drug Administration non-approved drug.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-XII - INDIVIDUALIZED SUPPORT PLANS

Current through 2024-29, July 17, 2024
A. Recipients hive
				  the right to an individualized support plan which shall be coordinated and
				  monitored by a community support worker.
B. These plans shall be developed based upon
				  consideration of the recipient's housing, financial, social, recreational,
				  transportation, medical, dental, emotional and psychiatric and/or psychological
				  strengths and needs as well as his or her potential need for crisis
				  intervention services. The plan shall reflect full consideration of the least
				  restrictive appropriate treatment and related services taking into account
				  factors that are supportive of each recipient's exercise of his or her basic
				  rights, consistent with each individual's strengths, needs and treatment
				  requirements pursuant to this section. Such considerations shall include
				  accommodation of particular needs involving communication and physical
				  accessibility to all treatment programs.
C. The recipient and the legally responsible
				  parent, guardian or custodian shall be notified of all ISP meetings, and shall
				  be actively encouraged to attend. If the recipient and/or the legally
				  responsible parent, guardian or custodian does not attend an ISP meeting, the
				  Community Support Worker shall relay their views to other members of the team.
				  The legally responsible parent, guardian or custodian may invite other persons
				  to ISP meetings. Persons unable to attend the meeting shall be notified that
				  they may submit information in writing for consideration at the
				  meeting.
D. ISP's shall be
				  developed in a timely manner and shall be reviewed and revised no less
				  frequently than every 90 days. Plans may be reviewed more frequently as
				  necessary to address substantial changes in the recipient's life, such as
				  hospitalization.
E. The ISP shall
				  be developed by a team consisting of the recipient, the legally responsible
				  parent, guardian or custodian, and others among whom there exists the
				  authorization to exchange information and who are needed to ensure that the
				  recipient's needs are adequately assessed and that appropriate recommendations
				  are made, based upon a comprehensive assessment of the recipient The plan shall
				  contain but not be limited to:
(1) A statement
				  of the recipient's specific strengths and treatment needs.
a. The ISP should include a description of
				  any physical handicap and any accommodations necessary to provide the same or
				  equal services and benefits as those afforded non-disabled
				  individuals.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 472-1-B-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
These rules (Part B) apply to all inpatient and residential
					 facilities, agencies and programs providing mental heath services, which are
					 licensed, funded or contracted by either the Department of Behavioral and
					 Developmental Services or the Department of Human Services, including state
					 operated institutes and facilities, except that Section III shall apply only to
					 inpatient psychiatric units, while treatment planning in residential facilities
					 shall be governed by Part C(II), Individualized Treatment or Service Plan. Part
					 B shout be read in conjunction with Part A, Rules of General
					 Applicability.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 472-1-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 facility.
B. The
				  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.
C. 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 label.
D. 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.
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 which 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 subject to the requirements of Section 111, I ndividualized
				  Treatment and Discharge Plan or ISP;
(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 which assure privacy for personal
				  hygiene, counseling, physical examinations;
(9) a secure and accessible storage area of
				  adequate size to accommodate the recipient's personal belongings;
				  and,
(10) opportunities for
				  appropriate involvement in community activities, subject to the requirements of
				  Section III, I ndividualized Treatment and Discharge Plan; and
(11) common areas with space and equipment
				  sufficient to permit recipients to comfortably socialize, relax, or engage in
				  leisure time activities. To reduce the chance that recipients engaged in
				  activity may intrude upon others not similarly engaged, such areas shall be
				  equipped so that intrinsically incompatible activities are not performed in the
				  same areas.
(12) A 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 › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 472-1-B-IV - INFORMED CONSENT TO TREATMENT

Current through 2024-29, July 17, 2024
A. Recipients
				  and their guardians, custodians and legally responsible parents 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 or his or her legally responsible parent,
				  guardian or custodian 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 › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part B - RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS › Section 472-1-B-V - FREEDOM OF ASSOCIATION AND COMMUNICATION

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 which are administratively feasible.
a. Each inpatient 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. Each
				  residential facility shall determine the most liberal and appropriate times for
				  visitation with legally responsible parents, guardians or custodians. Such
				  information shall be made available to recipients and legally responsible
				  parents, guardians or custodians.
c. Recipients and/or their legally
				  responsible parents, guardians or custodians 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 › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 472-1-C-I - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
These rules, Part C are applicable to all facilities
					 providing outpatient psychiatric services and to all agencies or facilities
					 providing outpatient mental health services which are licensed, funded or
					 contracted by either the Department of Behavioral and Developmental Services or
					 the Department of Human Services. 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 › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 472-1-C-II - INDIVIDUALIZED TREATMENT OR SERVICE PLAN

Current through 2024-29, July 17, 2024
A.
				  Recipients have the right to an individualized treatment or service
				  plan.
B. Individualized treatment
				  or service plans shall be developed based upon an individualized assessment of
				  the recipient's physical, psychological and social needs, as well as the
				  recipient's expressed desires. Each facility or agency shall fully consider the
				  least restrictive appropriate treatment and related services taking into
				  account factors that are supportive of each recipient's exercise of his or her
				  basic rights, consistent with each individual's strengths, needs and treatment
				  requirements pursuant to this section. Such considerations shall include
				  accommodation of particular needs involving communication and physical
				  accessibility to all treatment programs.
C. Each recipient 14 or over has the right to
				  be fully and actively involved in the development or revision of his or her
				  treatment or service plan. Involvement of recipients who are younger shall be
				  determined on a case by case basis, after assessment of the recipient's
				  capacity to be involved. The exclusion of a recipient 14 or over, based on
				  incapacity, developmental or mental, requires the approval of an independently
				  licensed clinician. The guardian or legally responsible parent shall be fully
				  and actively involved in treatment planning to the maximum extent possible,
				  given time and location constraints. Each agency, program or facility shall
				  make good faith efforts, including 24 hour notice of any meeting, to involve
				  legally responsible parents, guardians or custodians and such efforts shall be
				  documented.
D. Treatment or service
				  plans shall be developed within 30 days in outpatient agencies and shall
				  thereafter be reviewed and revised no less frequently than every 90 days. Plans
				  may be reviewed more frequently as necessary to address substantial changes in
				  the recipient's life, such as hospitalization.
E. A treatment or service plan shall be
				  developed by a team consisting of the recipient, legally responsible parents,
				  guardians or custodians and others among whom there exists the authorization to
				  exchange information and who are needed to ensure the recipient's needs are
				  adequately assessed and that appropriate recommendations are made, based upon a
				  comprehensive assessment of the recipient. The plan shall contain but not be
				  limited to:
(1) A statement of the recipients
				  specific strengths and treatment needs.
a. The
				  treatment or service plan should include a description of any physical handicap
				  and any accommodations necessary to provide the same or equal services and
				  benefits as those afforded non-disabled individuals.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 472-1-C-III - INFORMED CONSENT TO TREATMENT

Current through 2024-29, July 17, 2024
A. Recipients
				  and their legally responsible parents, guardians or custodians 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 or his or her legally responsible parent,
				  custodian or guardian 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 › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part C - RIGHTS IN OUTPATIENT SETTINGS › Section 472-1-C-IV - FREEDOM FROM SECLUSION AND RESTRAINT

Current through 2024-29, July 17, 2024
Recipients shall not be held in locked seclusion in an
					 outpatient setting. Holding techniques shall only be utilized in outpatient
					 settings pursuant to rules to be jointly developed by the Department of
					 Behavioral and Developmental Services and the Department of Human
					 Services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 2 - HOMEBASED FAMILY SERVICES PROGRAM STANDARDS › Section 472-2-V - CLINICAL SUPERVISION

Current through 2024-29, July 17, 2024
A. The program must
				adhere to the clinical supervision requirements in Section 400.03(D) of the
				regulations for licensing at the general- or comprehensive-service level in the
				Regulations for Licensing Mental Health Facilities of the Department of Mental
				Health and Mental Retardation.
B.
				The program must provide clinical supervision to all members of homebased
				family services teams.
(1) Each team will
				meet at least bi-weekly with the clinical supervisor to review case plans of
				each active case on the caseload.
(2) Each team member will receive clinical
				supervision at least twice a month for a minimum of two hours total or more
				frequently as needed.
(3) If group
				supervision is used as a supervisory approach, the clinical supervisor shall be
				present at these meetings.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 2 - HOMEBASED FAMILY SERVICES PROGRAM STANDARDS › Section 472-2-VI - ADMINISTRATION

Current through 2024-29, July 17, 2024
A. The program must establish a Steering
				Committee responsible for advising the agency on priorities for service as well
				as general program operations. The Steering Committee shall include
				representation from local referral sources and from consumer's. The Committee
				shall meet no less than quarterly.
B. The program must be licensed by the
				Department of Mental Health and Mental Retardation at the general or
				comprehensive-service level, and be additionally certified by the Bureau of
				Children with Special Needs as a Homebased Family Services provider.
C. The program shall comply with requests for
				documentation specified in regulations for licensing at the general- or
				comprehensive-services level of the Department of Mental Health and Mental
				Retardation; and shall provide to the Bureau of Children with Special Needs, at
				its request, written evidence of compliance with these standards.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 3 - REGULATIONS GOVERNING TIMELINESS STANDARDS FOR IN-HOME BEHAVIORAL HEALTH AND CASE MANAGEMENT SERVICES UNDER MEDICAID › Section 472-3-1 - Purpose and scope

Current through 2024-29, July 17, 2024
Pursuant to a settlement agreement reached
				  in
Risinger
v. Maine Department of Human
				  Services
, (Civil No. 00-116-B, D. Me.), the Department is responsible
				  for promulgating a rule to implement the timeliness standards contained therein
				  which relate to the provision of in-home behavioral health services and case
				  management services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 3 - REGULATIONS GOVERNING TIMELINESS STANDARDS FOR IN-HOME BEHAVIORAL HEALTH AND CASE MANAGEMENT SERVICES UNDER MEDICAID › Section 472-3-2 - Definitions

Current through 2024-29, July 17, 2024
A.
Case management services
means services defined in the MaineCare Benefits Manual, Chapter II, Section
				13.12.
B.
In-home behavioral
				health services
means services defined in the MaineCare Benefits Manual,
				Chapter II, Sections 65.04-3(H) and 24.01-2.
C.
Start date
means the later of
				the following two points in time:
1. the date
				of a request for screening services by or on behalf of the child or child's
				family. This "request" means a request for a behavioral health screen, a
				request for assistance in identifying behavioral health needs, or a request for
				a behavioral health service for a child under the age of twenty-one, if the
				request is made to a Department-approved agency that is a participating
				provider of MaineCare covered case management or in-home behavioral health
				services to children; or
2. the date
				upon which financial eligibility under MaineCare is determined. This is
				normally the date of the MaineCare eligibility letter to the member informing
				him/her of eligibility provided but in no event shall this date be later than
				forty-five days after the date that a completed application is received by the
				Department of Human Services in accordance with Federal
				regulations.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 3 - REGULATIONS GOVERNING TIMELINESS STANDARDS FOR IN-HOME BEHAVIORAL HEALTH AND CASE MANAGEMENT SERVICES UNDER MEDICAID › Section 472-3-3 - Timeliness standards

Current through 2024-29, July 17, 2024
A.If a child has a
				medical need for a service that can be provided as a MaineCare covered service
				under the MaineCare Benefits Manual, Chapter II, Section 65.04-3(H) or 24.01-2,
				an Individual Treatment plan for that child will be prepared in accordance with
				reasonable behavioral health practice, but in no case later than 120 days after
				the Start Date. Services consistent with that Plan will commence promptly in
				accordance with reasonable standards of behavioral health practice, generally
				within an outer limit of 180 days after the Start Date.
B.If a child has a medical need for a service
				that can be provided as a MaineCare covered service under the MaineCare
				Benefits Manual, Chapter II, Section 13.12, an Individual Support or Service
				Plan will be developed for that child in accordance with reasonable standards
				of case management practice, generally within an outer limit of 180 days after
				the Start Date.
C.After the initial
				contact for the child is made so that the child already has a Start Date, when
				a new or different need for in-home support service or case management is
				identified for that child, the Start Date for the identified need for the new
				or different service shall be the date that the need is identified.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 3 - REGULATIONS GOVERNING TIMELINESS STANDARDS FOR IN-HOME BEHAVIORAL HEALTH AND CASE MANAGEMENT SERVICES UNDER MEDICAID › Section 472-3-4 - Release of confidentiality

Current through 2024-29, July 17, 2024
Providers of in-home behavioral health services or case
				  management serving children affected by this rule may require the child's
				  parent or guardian to sign a release permitting the provider to communicate
				  with other similar providers about the fact that the child has applied for
				  services. This sharing of client information between providers seeking to serve
				  the same clients is necessary to facilitate the provision and tracking of
				  services and to avoid duplication of effort by these providers. The parent or
				  guardian of the child seeking services shall inform the provider at the time of
				  requesting services of any other requests made on behalf of the child and keep
				  the provider informed of any future requests for services made to other
				  providers.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this rule is to establish a methodology to
				  implement a sliding fee scale applicable to certain services funded with state
				  grant monies by the Department of Health & Human Services, Children's
				  Services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-2 - Applicability

Current through 2024-29, July 17, 2024
Services affected by the sliding fee scale under this rule
				  are all services funded by grant funds appropriated for Children's Mental
				  Health Services specific to case management, homebased family services,
				  outpatient services and respite care services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-3 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this rule, the following definitions are
				  applicable:
A.
Adjusted gross
				income.
Adjusted gross income means the dollar figure that is properly
				entered on IRS Form 1040, line 34; or IRS Form 1040A, line 21; or IRS Form
				1040EZ, line 4, or any other line that reflects adjusted gross income as
				defined by the United States Internal Revenue Service and as required for
				filing in the applicable tax year.
B.
Alternative calculation of adjusted
				gross income.
Alternative calculation of adjusted gross income means a
				different calculation of adjusted gross income based on a twelve-month
				continuous span of time that is different than the taxpayer's tax year,
				intended to describe a more accurate representation of the taxpayer's current
				financial circumstances. If all of the adult household members choose to use
				this alternative calculation of adjusted gross income, the choice must be made
				at the time of completing the "determination of fees" worksheet, and the
				alternative calculation must be based on the household income acquired during
				the calendar month immediately preceding the month that the "determination of
				fees" worksheet is completed, annualized by multiplying the monthly total
				income by twelve. The same definitions and restrictions imposed by the United
				States Internal Revenue Services in calculating adjusted gross income shall
				control in making the alternative calculation of adjusted gross
				income.
C.
Household
				income.
Household income means the income, both earned and unearned, of
				all adults in the household who have or share any legal responsibility for the
				dependent children residing in that household, whether any child is residing
				there full or part time. If a child resides in more than one household, only
				one household will be assessed a fee under this rule. Household income is
				usually determined by reference to the federal tax return for the most recent
				past tax year filed with the United States Internal Revenue Service by each of
				these adults in the household, but household income may alternatively be
				calculated to reflect a more current twelve-month continuous time period if all
				of the adults in the household so choose.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-4 - Fee Scale

Current through 2024-29, July 17, 2024
A fee requirement is established by the department on a
				  sliding scale based on household income and measured with reference to the
				  federal nonfarm income official poverty line. The fee requirement is imposed on
				  all service providers under contract or service agreement with the department
				  that receive grant funds for applicable services. Where applicable, this fee
				  requirement supersedes and replaces previous provider fee schedules for these
				  services.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-5 - Gradation of Fee Scale

Current through 2024-29, July 17, 2024
The fee scale is based on the federal nonfarm income official
				  poverty line data as of February 2004 and will be re-determined annually based
				  on updated federal data. Until updated by amendment to this rule, the February
				  2004 data are the measurements for the fee scale. The fee scale may not require
				  fees from families below 250% of the federal nonfarm income official poverty
				  line and must require families above 450% of the federal nonfarm income
				  official poverty line to pay 100% of the cost of services. For purposes of
				  evenly distributing the percentage of the cost of services, fees representing
				  25%, 50% and 75% of the cost of services are apportioned in equal increments on
				  the scale.
A 25% fee is assessed on families with household incomes
				  between 251% through 317% of the poverty line; a fee of 50% is assessed on
				  families with household incomes between 318% to 384% of the poverty line; and a
				  fee of 75% is assessed on families with household incomes between 385% to 450%
				  of the poverty line. See
Attachment A
.
Providers are required to use the department's "determination
				  of fees" worksheet for each household in calculating the applicable fee.
				  Household Income is entered as item #1 on the "determination of fees"
				  worksheet. See
Attachment B.