Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 110 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND NURSING FACILITIES › Section 144-110-22 - SCOPE

Current through 2024-29, July 17, 2024
22.A.
Definitions
For the purposes of this Chapter, the following words have
				  the following meanings:
22.A.1.
"Deficiency"
means a failure to comply with State licensing
				regulations.
22.A.2.
"Directed Plan of Correction"
means a plan of correction issued by
				the Department which directs a nursing facility how and when to correct any
				deficiency or deficiencies.
22.A.3.
"Division"
means the Division of Licensing and
				Certification.
22.A.4. A
"failure to correct any deficiency"
occurs when a nursing facility
				does not remedy a deficiency within the time established in a plan of
				correction or directed plan of correction or if an extension has been granted
				by the Division, within the period of that extension.
22.A.5.
"False information"
means written or verbal statements or representations of fact that are not true
				and that were made intentionally, knowingly or without having taken reasonable
				steps to ascertain whether or not they were true.
22.A.6.
"Impede or interfere with the
				enforcement of laws or regulations"
means either a failure to provide to
				Division representatives information that is necessary to determine compliance
				with licensure laws or regulations, failure to allow Division representatives
				access to a nursing facility or any part of a nursing facility, failure to
				preserve evidence related to a particular violation, or retaliation against
				residents/employees for lodging of complaints with the Department of Human
				Services.
22.A.7.
"Person"
means any natural person, partnership, association or
				corporation or other entity, including any county, local or governmental
				unit.
22.A.8.
"Plan of
				Correction"
means a document executed by a nursing facility in response
				to a statement of deficiencies issued by the Division.
22.A.9.
"Resident's rights"
means those rights enumerated in either the Resident's Rights Act,
				22 M.R.S.A.
				Section7921
et seq
.,Section
				10 of these regulations or
				42 United States
				Code Section 1396 r (c).
22. A.10.
"A repeated
				deficiency"
occurs whenever a nursing facility fails to comply with the
				same State licensing regulation or fails to comply with the same requirement of
				42 United States
				Code Section 1396 r (b), (c) or (d) on more
				than one occasion within a two year period.
22.A.11.
"State licensing
				regulations"
refers to the Division's regulations governing the
				licensing and functioning of nursing facilities.
22.A.12.
"Statement of
				Deficiencies"
means a document issued by the Division which describes a
				nursing facility's deficiencies in complying with State licensing
				regulations.
22.A.13.
"Substantial probability"
refers to something that is more likely
				to occur than not.
22.A.14.
"Substantial Risk"
, with respect to a particular condition or
				event, refers to a danger that would be considered unacceptable to a reasonable
				person who is aware of the consequences of that condition or event.
22.A.15.
"Submit"
means to
				deposit in the U.S. Mail or to hand-deliver to the Division of Licensing and
				Certification.
22.A.16.
"Timely corrective action"
refers to the date stated in a plan of
				correction by which a specific deficiency will be corrected, or the date by
				which that specific deficiency must be corrected pursuant to a directed plan of
				correction, whichever is earliest.
22.A.17.
"Working days"
means
				weekdays excluding any weekday that a Statement of Deficiencies is received and
				excluding legal holidays.