reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.M - Renewal of a License

Current through 2024-29, July 17, 2024
09/01/07 At least thirty (30) days prior to the expiration
					 of a license to operate a facility, an application and the required fee for a
					 renewal thereof must be submitted to the Department on a form approved by the
					 Department and accompanied by such additional information as may be required.
					 Prior to reissuance or renewal of a license, Department, through the Division
					 of Licensing and Regulatory Services, will inspect the facility for compliance
					 with licensing the regulations. Findings may result in a Statement of
					 Deficiencies, which will require a detailed, systematic and preventative plan
					 of correction. Upon receipt and review of the application and determination of
					 compliance with the law, the Department shall renew such license for a period
					 of one (1) year, unless it finds that there are specific and sufficient grounds
					 either for denying the application for renewal or renewing the license on a
					 temporary or conditional basis.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.N - Refusal to Issue a License

Current through 2024-29, July 17, 2024
09/01/07 The Department may refuse to issue a license to
					 the applicant covering the premises identified in the application, if it finds
					 the representation made in the application to be materially incorrect or
					 insufficient, or if it finds that the applicant, the premises, or the
					 designated administrator of the facility do not meet all requirements of the
					 law and regulations. Any person who is aggrieved by the decision of the
					 Department in denying a license or its renewal may file an appeal pursuant to
					 Title
					 5 M.R.S.A.,
					 Section10001,
et seq.
09/01/07 3.N.1. Loss of License
a. Temporary or Conditional License
The Department may issue a temporary or conditional license
					 to afford the facility the opportunity to correct the condition forming the
					 basis for revocation of, or refusal to renew a license. The decision to issue a
					 temporary or conditional license will be based upon the interests of the
					 clients residing in the facility and the interest of the general public.
09/01/07 b. Suspension, Emergency Suspension or Revocation
					 of License
09/01/07 The Department may amend, modify or refuse to
					 renew a license hereunder in conformity with the Maine Administrative Procedure
					 Act, Title 5, M.R.S.A., chapter 375, or file a complaint with the District
					 Court requesting suspension or revocation of any license on any of the
					 following grounds: Violation of this chapter or the rules and regulations
					 issued pursuant thereto; permitting, aiding or abetting the commission of any
					 illegal act in that institution; conduct of practices detrimental to the
					 welfare of the patient; provided that whenever, on inspection by the
					 Department, conditions are found to exist that violate Title 22 M.R.S.A.,
					 Chapter 405, or departmental regulations issued thereunder that, in the opinion
					 of the Commissioner, or designee, immediately endanger the health or safety of
					 patients, or both the health and safety, in any of the institutions or to such
					 an extent as to create an emergency, the Department, by it duly authorized
					 agents may, under the emergency provisions of Title 4, M.R.S.A., section 184,
					 subsection 6, request that the District Court suspend or revoke the license.
					 Upon suspension or revocation of a license, the license shall be immediately
					 surrendered to the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.O - Closing of a Facility

Current through 2024-29, July 17, 2024
3.O.1. Involuntary
				  Closing
If an annual license is revoked or suspended, if a
					 conditional license is voided, or if the Department refuses to issue or renew a
					 license, the facility shall, in consultation with the Department, make
					 appropriate arrangement for the orderly transfer of all clients residing in the
					 facility.
3.O.2 Voluntary
				  Closing
Whenever a facility voluntarily discontinues operation, it
					 shall inform the clients residing in the facility, the next of kin, legal
					 representative or agency acting on the client's behalf, and the Department of
					 the fact and the proposed time of such discontinuance, giving at least thirty
					 (30) days notice so that suitable arrangements may be made for the orderly
					 transfer of the clients. In the case of any individual who has no person acting
					 on his/her behalf, the facility, aided by the Department, shall be responsible
					 for assisting the client to make other suitable living arrangements.
					 Immediately upon discontinuance of operation of a licensed facility, the owner
					 shall surrender the license to the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.P - Public Notice

Current through 2024-29, July 17, 2024
09/01/07 If an annual license is revoked or suspended, or a
					 conditional license is voided, the Department shall advise the public of such
					 action. The notice to the public must be in the form of a paid legal notice in
					 the local newspapers, published no more than fifteen (15) days after the
					 termination, suspension or, revocation of the license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.Q - Right of Entry and Inspection

Current through 2024-29, July 17, 2024
09/01/07 The Department and any duly designated
					 representative thereof shall have the right to enter upon and into the premises
					 of any facility licensed pursuant to these rules and regulations at any time in
					 order to determine the facility's compliance with relevant statutes and
					 regulations. Such right of entry and inspection shall extend to any premises
					 which the Department has reason to believe are being operated or maintained as
					 a health care facility without a license, but no such entry or inspection of
					 any premises shall be made without the permission of the owner or person in
					 charge thereof, unless a warrant authorizing the same is first obtained from
					 the court of jurisdiction. Any application for a license made pursuant to these
					 rules and regulations shall constitute permission for any entry or inspection
					 of the premises for which the license is sought in order to facilitate
					 verification of information submitted on or in connection with such
					 application.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.R - Receivership

Current through 2024-29, July 17, 2024
09/01/07 Pursuant to Title
					  22 M.R.S.A.
					 Section7931
et seq.,
the
					 Department may petition the Superior Court to appoint a receiver to operate an
					 ICF/MR facility in the following circumstances:
1. When the facility intends to close, but
				  has not arranged, at least thirty (30) days prior to closure, for the orderly
				  transfer of its clients;
2. When an
				  emergency exists in the facility, which threatens the health, security or
				  welfare of clients; or
3. When the
				  facility is in substantial or habitual violation of the standards of health,
				  safety or resident care established under State or Federal regulations to the
				  detriment of the welfare of the clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 3 - LICENSURE › Section 144-118-3.S - Appeals

Current through 2024-29, July 17, 2024
Any ICF/MR facility aggrieved by the Department's decision
					 to take any of the following actions, or to impose any of the following
					 sanctions, may request an administrative hearing to refute the basis of the
					 Department's decision, as provided by the Maine Administrative Procedure Act,
					 Title
					 5 M.R.S.A.,
					 Section10001
et seq.
or the
					 Department's Administrative Hearing Regulation. Administrative hearings will be
					 held in conformity with the Department's Administrative Hearing Manual. A
					 request for a hearing must be made in writing to the Director of the Division
					 of Licensing and Regulatory Services, and must specify the reason for the
					 appeal. Any request must be mailed within ten (10) days from receipt of the
					 Department's decision to:
a. Issue a
				  conditional license;
b. Amend or
				  modify a license
c. Void a
				  conditional license;
d. Refuse to
				  issue or renew a full license;
e.
				  Refuse to issue a provisional license;
f. Stop or limit admissions;
g. Issue a directed plan of correction
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.A - Shared Administrator

Current through 2024-29, July 17, 2024
09/01/07 1. Separately licensed ICFs/MR may share an
					 administrator.
09/01/07 2. Any sharing of the same administrator shall be
					 defined and the duties and schedules of working hours for each ICF/MR shall be
					 outlined in the policy material of the facilities involved. Each ICF/MR shall
					 make such changes in the written policies as the Department may
					 require.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.B - Qualifications of Administrator

Current through 2024-29, July 17, 2024
09/01/07 4.B.1. An administrator of an ICF/MR Nursing
					 Facility must be licensed in the State of Maine as a nursing home
					 administrator.
09/01/07 4.B.2. An administrator of an ICF/MR Group
					 Facility must be a Qualified Mental Retardation Professional (QMRP) who has had
					 at least one (1) year's experience in management, personnel responsibilities
					 and financial administration. With the concurrence of the Department, suitable
					 candidates may be considered for the position of administrator if they lack
					 required experience in working with persons with mental retardation,
					 management, personnel responsibilities and financial administration. The
					 administrator shall be designated on the license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.C - Person to Act in Absence of Administrator

Current through 2024-29, July 17, 2024
09/01/07 A person, qualified and authorized to act in the
					 absence of the administrator during the normal working day, shall be
					 designated. Any planned absence of the administrator for a period longer than
					 thirty (30) days shall be reported in writing to the Department for prior
					 approval
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.D - Acting Administrator for Emergency Conditions

Current through 2024-29, July 17, 2024
09/01/07 If a licensed ICF/MR is required to secure a new
					 administrator under emergency conditions, he/she may, within seventy-two (72)
					 hours notice to the Department and in accordance with these Regulations, place
					 the ICF/MR in charge of in acting administrator. This shall be for such limited
					 time mutually agreed upon between the Department and licensee as may be
					 necessary to permit the securing of a: qualified administrator, but in no event
					 to exceed sixty (60) days. When a qualified administrator has been secured, the
					 name, qualifications, home address, office telephone number and e-mail address
					 shall be sent to the Department. The current license shall be returned to the
					 Department and a new license will be issued within thirty (30) days with
					 payment of a $25 fee. If it is unable to secure a qualified administrator
					 within sixty (60) days, the ICF/MR must immediately submit written evidence of
					 actions being taken to secure a qualified administrator.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.E - Client Records

Current through 2024-29, July 17, 2024
09/01/07 4.E.1. The facility must develop and maintain a
					 record-keeping system that includes a separate record for each client. All
					 reports and records must be available for inspection by the Department upon
					 request.
09/01/07 4.E.2. Documentation in the record must
					 include:
a. Health Care Services (if
				  appropriate):
1. Medical care plan and
				  progress notes; or nursing/health care plan and progress notes; and
2. Medication administration and response to
				  drugs
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.F - Administrative Records

Current through 2024-29, July 17, 2024
09/01/07 Administrative records must be available to the
					 Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 4 - OVERNING BODY AND MANAGEMENT › Section 144-118-4.G - Retention of Records

Current through 2024-29, July 17, 2024
4.G.1. Client
				  records must:
a. Be retained for a period
				  that meets both federal and state regulations;
b. Be retained for at least seven (7) years
				  after the date of death or last discharge of the client. Records of a minor
				  child shall be retained until the child reaches the age of majority or seven
				  (7) years after the date of death or last discharge, whichever is longer;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 5 - CLIENT PROTECTIONS › Section 144-118-5.A - Protection of Clients' Rights

Current through 2024-29, July 17, 2024
Each facility must have, and shall implement written
					 policies and procedures which ensure the rights of clients as set forth in
					 Title
					 34-B M.R.S.A.,
					 Section5601,
et seq.
(Rights
					 of Mentally Retarded Persons) and
					 42 C.F.R., Section
					 483.420.
Policies and procedures shall require that:
5.A.1. The facility must:
a. Inform, in writing, each client, parent
				  (if the client is a minor), or legal guardian, of the client's rights and the
				  rules of the facility, including:
1. All
				  services available; and
2. Changes
				  in services or charges as they occur during the client's stay.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 5 - CLIENT PROTECTIONS › Section 144-118-5.C - Staff Treatment of Clients

Current through 2024-29, July 17, 2024
5.C.1. The
				  facility shall develop and implement written policies and procedures that
				  prohibit mistreatment, neglect or abuse of the client. Policies must ensure
				  that:
a. Mistreatment, neglect, or abuse of
				  clients in any form is prohibited;
b. Use of all forms of restraint is
				  prohibited, except when absolutely necessary to prevent a client from seriously
				  injuring himself or others;
c.
				  Restraint is never employed as a punishment, for the convenience of staff, or
				  as a substitute for programs, and restraint may be applied only after other
				  less restrictive means of controlling behavior have been tried and have failed;
				  and
d. Documentation of the failure
				  of alternative techniques must be included in the client's records and be
				  available for inspection.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 6 - FACILITY STAFFING › Section 144-118-6.A - Qualified Mental Retardation Professional

Current through 2024-29, July 17, 2024
09/01/07 The facility shall have a Qualified Mental
					 Retardation Professional (QMRP) who is responsible for integrating,
					 coordinating and monitoring each client's active treatment program. The QMRP is
					 responsible for such tasks as coordinating, supervising, integrating and
					 reviewing the various aspects of programs and services. The facility shall
					 ensure that:
09/01/07
1.There
				  is an assigned qualified mental retardation professional (QMRP).
2. There are sufficient numbers of QMRPs to
				  accomplish the job.
3. The QMRP
				  observes individuals, reviews data and progress, and revises programs based on
				  individual need and performance.
4.
				  The QMRP ensures consistency among external and internal programs and
				  disciplines.
5. The QMRP ensures
				  service design and delivery which provides each individual with an appropriate
				  active treatment program.
6. The
				  QMRP ensures that any discrepancies or conflicts between programmatic, medical,
				  dietary, and vocational aspects of the individual's assessment and program are
				  resolved.
7. The QMRP ensures a
				  follow-up to recommendations for services, equipment or programs.
8. The QMRP ensures that adequate
				  environmental supports and assistive devices are present to promote
				  independence.
9. The QMRP initiates
				  a periodic review of each individual program plan for necessary
				  changes.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 6 - FACILITY STAFFING › Section 144-118-6.B - Professional Program Services

Current through 2024-29, July 17, 2024
09/01/07 Each client shall receive those professional
					 program services that are needed to implement the active treatment program
					 defined by the client's annual plan, so that the following aspects of the
					 client are considered and incorporated in the annual plan:
09/01/07 1. Physical development and health;
09/01/07 2. Nutritional status;
09/01/07 3. Sensorimotor development;
09/01/07 4. Affective (emotional development;
09/01/07 5. Speech and language communication
					 development;
09/01/07 6. Auditory functioning;
09/01/07 7. Cognitive development;
09/01/07 8. Vocational development;
09/01/07 9. Social development; and
09/01/07 10. Adaptive behaviors/independent living
					 skills.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 6 - FACILITY STAFFING › Section 144-118-6.C - Direct Services (Residential Living Unit) Staff

Current through 2024-29, July 17, 2024
09/01/07 6.C.1. Direct services staff are defined as the
					 present on-duty staff calculated over all shifts in a 24-hour period for each
					 defined residential living unit.
09/01/07 6.C.2. The minimum overall staff-to-client ratio
					 is 1:2 for each residential living unit serving clients:
a. With severe and/or profound mental
				  retardation; or
b. With aggressive,
				  assaultive, severely hyperactive or psychotic-like behavior; or
c. Who are under the age of twelve (12);
				  or
d. With severe physical
				  disabilities; or
e. Who otherwise
				  present a security risk.
09/01/07 6.C.3. For each residential living unit serving
					 clients with moderate retardation, the minimum staff-to-client ratio is
					 1:4.
For each residential living unit, serving clients who
					 function within the range of mild retardation, the minimum staff-to-client
					 ratio is 1:6.4.
09/01/07 6.C.4. The staffing pattern and schedule used in
					 the facility are functions of three (3) variables:
a. The intensity of the programming required
				  by the clients;
b. The number of
				  clients living there; and
c. The
				  accessibility of available community resources.
09/01/07 Because of the expected variation in client needs,
					 the actual staffing pattern may exceed the established minimum rations.
					 Requests for additional staff, based upon the IDT recommendations shall be
					 submitted for approval to the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 6 - FACILITY STAFFING › Section 144-118-6.D - Staff Training

Current through 2024-29, July 17, 2024
6.D.1. The facility
				  must provide each employee with initial and continuing training that enables
				  him to perform his/her duties effectively, efficiently and
				  competently.
6.D.2. Employees who
				  work with clients must be provided training focused on skills and competencies
				  directed toward the clients' developmental, behavioral, and health
				  needs.
6.D.3. The facility must
				  provide each employee with basic orientation to his/her position. The
				  orientation should be provided within two (2) weeks of employment and should
				  include, but not be limited to:
a. Emergency
				  procedures such as fire protection/drills/evacuations;
b. Job description and personnel
				  policies;
c. Facility policies and
				  procedures;
d.Daily operational
				  procedures;
e. Orientation to
				  community;
f.Confidentiality; and
g. Reportable Events.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 6 - FACILITY STAFFING › Section 144-118-6.E - Employee Requirements

Current through 2024-29, July 17, 2024
Employee schedules must be available to the Department.
6.E.1. Resident Assistant (RA)
				  Requirements
ICF/MR Group
High School Diploma or G.E.D., and
										
										
											 Pre-employment Screening
ICF/MR Nursing
CNA, and
											 Pre-employment screening 6.E.2
Developmental Training Assistant (DTA) Requirements
ICF/MR Group
H.S. Diploma or G.E.D.,
											 150 Hours inservice training (not to include more
						than 24 hours of job shadowing), and
											 3 months full-time experience working with
						individuals with developmental disabilities.
ICF/MR Nursing
CNA, and
											 60 hours inservice training (not to include more
						that 24 hours of job shadowing) and
											 3 Months full-time experience working with
						individuals with developmental disabilities.
6.E.3. Developmental Trainer (DT)
				  Requirements
ICF/MR Group
30 credit hours toward an Associates or Bachelor's
						Degree in a related field and 40 hours inservice training; or
											 1 year certificate and 40 hours inservice training;
						or
											 Associates Degree in a related field; or
											 4 years full-time related experience with 160 hours
						inservice training at least 40 of which were in the last year; or Medication
						Certification
ICF/MR Nursing
CNA and 30 credit hours toward an Associates or
						Bachelor's Degree in a related field; and
											 40 hours inservice training; or
											 CNA and 1 year certificate and 40 hours inservice
						training; or
											 CNA and Associates Degree in a related field;
						or
										
										
											CNA and 4 years full-time related experience with 160
						hours inservice training at least 40 of which were in the last year and High
						School Diploma or G.E.D.
6.E.4
				  Developmental Training Coordinator (DTC) Requirements 
				  
											 BA/BS in a related field; or
											 Associates Degree in a related fieldand 1 year
						experience in a related field with 40 hours of documented inservice training;
						or
											 60 hours toward a BA/BS in a related field and 1
						year experience in a
											 related field with 40 hours documented inservice
						training.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 7 - ADMISSION, DISCHARGE AND TRANSFER › Section 144-118-7.A - Admissions, Transfers, Discharges

Current through 2024-29, July 17, 2024
7.A.1.
				  Admission decisions must be based on a current functional assessment of the
				  client that is conducted and updated by the facility or by outside sources on
				  admission.
7.A.2. On admission the
				  facility shall place in the client's record:
a. Medical history;
b. Current medical status and physical
				  disabilities;
c. Transfer form and
				  Medicaid certification;
d.
				  Physician's plan of care;
e.Preadmission IPP;
f. Reason for referral if
				  emergency;
g. Personal property
				  list, signed and dated;
h. Legal
				  competency status and guardianship, if applicable;
i. Physical examination report from physical
				  completed seven (7) days prior to or forty-eight (48) hours following
				  admission.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 8 - FACILITY PRACTICES AND CLIENT BEHAVIOR › Section 144-118-8.A - Facility Practices - Conduct Toward Clients

Current through 2024-29, July 17, 2024
8.A.1. The facility shall develop and
				  implement written policies and procedures for the management of conduct between
				  staff and clients.
These policies and procedures must:
a. Promote the growth, development and
				  independence of the client;
b.
				  Address the extent to which client choice will be accommodated in daily
				  decision-making, emphasizing self-determination and self- management, to the
				  extent possible;
c. Specify client
				  conduct to be allowed or not allowed;
d. Be available to all staff;
e. Be available to clients and parents of
				  minor children or legal guardians of clients; and
f. Be available in the
				  facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 8 - FACILITY PRACTICES AND CLIENT BEHAVIOR › Section 144-118-8.B - Management of Inappropriate Client Behavior

Current through 2024-29, July 17, 2024
The facility must develop and implement written policies
					 and procedures that govern the management of inappropriate client
					 behavior.
These policies and procedures must:
8.B.1. Be consistent with the provisions of
				  conduct toward clients in this section;
8.B.2. Specify all facility approved
				  interventions to manage inappropriate client behavior;
8.B.3. Designate these interventions on a
				  hierarchy to be implemented, ranging from most positive or least intrusive, to
				  least positive or most intrusive; and
8.B.4. Insure, prior to the use of more
				  restrictive techniques, that the client's record documents that programs
				  incorporating the use of less intrusive or more positive techniques have been
				  tried systematically and demonstrated to be ineffective. Definition
8.B.5. Staff Members Who May Authorize the
				  Use of Specified Interventions Any staff member who is involved in
				  interventions used in the management of inappropriate client behaviors must
				  have training and experience in:
a. Client
				  rights;
b. Behavioral procedures in
				  the field of mental retardation; and
c. The use of the specific behavioral
				  intervention.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 8 - FACILITY PRACTICES AND CLIENT BEHAVIOR › Section 144-118-8.C - Drug Usage

Current through 2024-29, July 17, 2024
09/01/07 8.C.1. Drugs Used for Control of Inappropriate
					 Behavior
a. For these drugs to be an
				  effective therapeutic tool, they must be prescribed only to the extent that
				  they are necessary for management of the client.
b. Each use of a chemical restraint shall be
				  ordered by a physician. Such order shall be signed by the physician as soon as
				  possible after use of the drug. The physician's findings must be noted in the
				  client's record.
c. In an
				  emergency, a physician may authorize the use of a drug to modify an
				  inappropriate behavior. However, orders for continued emergency drug usage
				  cannot continue beyond twelve (12) hours unless:
1. The drug usage has been reviewed by the
				  Interdisciplinary Team; and
2. The
				  drug's use is included as an integral part of the client's individual program
				  plan that is directed specifically towards the reduction of and eventual
				  elimination of the behaviors for which the drug is employed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.A - Provision of Professional Programs and Services

Current through 2024-29, July 17, 2024
The facility shall provide professional and special
					 programs and services to the clients based on their needs.
9.A.1. A need is deemed to be unmet when the
				  client is not functioning optimally in a given environment.
9.A.2. Programs and services provided by the
				  ICF/MR or to the ICF/MR by outside agencies or individuals must meet the
				  standards for quality of services required.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.B - Implementing Training Skills of Daily Living

Current through 2024-29, July 17, 2024
Training services in the skills of daily living must be
					 provided to the client in the following areas, as appropriate, to enhance the
					 client's independence, to facilitate his/her intellectual, social, sensorimotor
					 and affective development, and to prevent deceleration of abilities:
a. Personal hygiene, grooming and personal
				  care, including appropriate eating, dressing, care and selection of clothing
				  and toileting;
b. Health
				  maintenance, self-preservation and safety, including mobility skills, hazard
				  recognition and avoidance and responses appropriate to emergency
				  situations;
c. Self-direction,
				  including problem-solving and decision-making, orientation and mobility and
				  time management;
d. Communication
				  skills, including verbal and written expression, signing for the deaf,
				  utilization of available and appropriate forms of communication
				  media;
e. Social skills, including
				  interpersonal relations, appropriateness of social behavior, expression of
				  feelings through appropriate behavior, participation in social activities,
				  development of the client's interest in his/her environment and training in the
				  selection of and participation in recreational and leisure time activities;
				  and
f. Training in community
				  orientation and involvement including use of transportation and travel,
				  restaurant and restroom use, shopping, enjoying cultural events and
				  entertainment, and citizenship training including voting, consumer rights and
				  orientation to advocacy resources.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.C - Day or External Programs

Current through 2024-29, July 17, 2024
09/01/07 a. Unless a competent client objects, all clients
					 are required to attend day or external programs outside the facility each week
					 day, unless medically contraindicated. This should be reviewed and documented
					 quarterly.
09/01/07 b. All day programs must be of at least four (4)
					 hours duration, exclusive of meal and rest periods. A client may attend for a
					 shorter period of time if recommended by the IPP and if the client receives
					 alternate programming in the living unit and/or the community.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.D - Activity Services

Current through 2024-29, July 17, 2024
There must be activity services to increase the client's
					 independence in pursuit and use of leisure time activities as well as the
					 promotion of maximum community integration of the client and his/her
					 activities.
9.D.1. Required Services
The facility shall:
a. Coordinate activity services with other
				  services and programs provided to each client in order to:
1. Make the fullest possible use of the
				  facility's resources; and
2.
				  Maximize benefits to the clients;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.E - Program Activity

Current through 2024-29, July 17, 2024
09/01/07 The intent must be to provide opportunities that
					 meet the activity needs of each client as set forth in his/her IPP. There must
					 be enough activities equipment to provide adequate services to all clients.
					 There must be a special effort to find equipment as necessary, that is
					 appropriate for people who have multiple handicaps and profound mental
					 retardation. The activity program must conform as closely as possible to normal
					 community activities.
09/01/07 9.E.1. Recreation may be considered a part of
					 programming if it consists of organized and structured activity related to the
					 achievement of IPP goals.
09/01/07 9.E.2. Whenever possible, activities shall take
					 place in the community.
The facility shall ensure transportation for clients,
					 regardless of handicap.
09/01/07 9.E.3. In addition to recreational program
					 activity, developmentally appropriate opportunities shall be provided to all
					 clients for use of their leisure time.
09/01/07 9.E.4. Weather permitting, and unless
					 inappropriate for the activity, it shall take place outdoors.
09/01/07 9.E.5. A calendar with activity plans for
					 individual clients and large and small group activities must be made available
					 for all staff and clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.F - Client Records

Current through 2024-29, July 17, 2024
The client's records must include:
09/01/07 9.F.1. Periodic surveys of the client's interests,
					 at least annually;
09/01/07 9.F.2. The extent and level of the client's
					 participation in the activities program; and
09/01/07 9.F.3. Quarterly progress notes to show
					 implementation of the activity plan according to the IPP.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.G - Social Work Services

Current through 2024-29, July 17, 2024
09/01/07 9.G.1. When social work needs are identified in
					 the Annual Plan, the facility may either continue to employ a licensed social
					 worker per the hours authorized prior to 12/1/89 or arrange for social work
					 with qualified outside resources.
09/01/07 9.G.2. If the facility employs a licensed social
					 worker, the licensed social will be responsible for at least the
					 following:
09/01/07 a. Enhancing the coping capabilities of each
					 client's family.
09/01/07 b. Preparing and maintaining records as
					 follows:
1. Psychosocial history
				  completed within one (1) month of admission, with an update as needed or at
				  least every three (3) years;
2.
				  Psychosocial assessment completed within one (1) month of admission and updated
				  as needed or at least annually;
3.
				  Social work services care plan completed within one (1) month of admission
				  which shall identify the social and emotional needs of the client and his/her
				  family, be integrated and coordinated with the overall IPP and be updated as
				  needed or at least annually;
4. A
				  discharge plan completed within one (1) month of admission and updated as
				  needed or at least annually;
5.
				  Progress notes entered at least quarterly containing a summary of the worker's
				  contacts with the client and family, progress made on goals identified in the
				  social work services care plan, and significant emotional attitudes and events.
09/01/07 9.G.3. If the facility employs a social service
					 designee, the designee may be responsible only for functions delegated by the
					 licensed Social Worker. A non-licensed social service designee must receive
					 consultation from a qualified Social Worker eight (8) hours per quarter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.H - Social Service Designee

Current through 2024-29, July 17, 2024
09/01/07 If a social service designee is employed,
					 consultation from a qualified social worker must be provided to the facility
					 eight (8) hours quarterly.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.I - Physical Therapy Services

Current through 2024-29, July 17, 2024
The facility must provide:
9.I.1. Physical therapy services as
				  identified in the Annual Plan through:
a.
				  Direct contact between therapist and clients; and
b. Contact between therapists and individuals
				  involved with clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.J - Occupational Therapy Services

Current through 2024-29, July 17, 2024
The facility must provide the following services:
09/01/07 9.J.1. Occupational Therapy Services, as
					 identified in the Annual Plan through:
a. Direct contact between therapists and
				  clients; and
b. Contact between
				  therapists and individuals involved with clients.
09/01/07 9.J.2. Programs, developed by professionals and
					 implemented by appropriate staff, that are designed to:
a. Preserve and increase client abilities,
				  such as fine and gross motor coordination, activities of daily living, and
				  adaptive habilitation methods; and
b. Prevent deceleration of current functional
				  status and decrease of independence through designed procedures such as
				  behavior adaptation, sensorimotor coordination, self-help dining techniques,
				  etc.
09/01/07 9.J.3. Adequate equipment, supplies and space for
					 proficient and productive occupational therapy;
09/01/07 9.J.4. Sufficient qualified professional and
					 direct service staff:
a. The
				  professional occupational therapist shall:
1.
				  Work with the client's medical and developmental professionals;
2. Participate as a member of the IDT in
				  relevant aspects of the active treatment process;
3. Provide an evaluation for each client who
				  needs occupational therapy services;
4. Provide direct treatment to the client, as
				  necessary;
5. Write progress notes
				  quarterly for each client receiving occupational therapy services;
				  and
6. Modify programs as
				  necessary.
b. To offer
				  training and supervision, as needed, to ensure that direct service staff is
				  capable of carrying out prescribed programs for clients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.K - Psychological Services

Current through 2024-29, July 17, 2024
09/01/07 9.K.1. The facility must provide psychological
					 services as identified by the Annual Plan.
09/01/07 9.K.2. Sufficient qualified psychologists and
					 support staff to provide services needed by clients including, but not limited
					 to the following:
09/01/07 a. Professional psychological services must be
					 available to the QMRP and other staff for consultation and program
					 development.
09/01/07 b. Professional instruction in behavior management
					 techniques must be given to direct services personnel.
09/01/07 9.K.3. The psychologist must:
a. Assist in the monitoring and follow-up of
				  the client's behavior 09/01/07 management and/or behavior modification program
				  as appropriate;
b. Promptly provide
				  information necessary to staff working with the client;
c. Participate in the development of written
				  behavioral plans which shall be:
09/01/07
1.Specific and individualized for the client
				  and
2. Reviewed periodically for
				  recommendation for follow- up or for modification.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 9 - PROFESSIONAL AND DEVELOPMENTAL SERVICES › Section 144-118-9.L - Speech Pathology and Audiology

Current through 2024-29, July 17, 2024
9.L.1.
				  The facility shall provide speech pathology and audiology services, as required
				  by the Annual Plan:
a. Through direct contact
				  between speech therapists and audiologists and the clients; and
b. Contact between speech therapists and
				  audiologists and other personnel, such as direct service staff and
				  teachers.
c. Which include, but are
				  not limited to:
1. Speech evaluation, as
				  appropriate, for each client who is unable to communicate;
2. Hearing screening as appropriate if the
				  client has a hearing impairment;
3.
				  Provision for procurement, maintenance, and replacement of hearing aids as
				  specified by a qualified audiologist;
4. Sufficient space, equipment and supplies
				  to promote efficient and effective speech pathology and audiology services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION › Chapter 10 - HEALTH CARE SERVICES › Section 144-118-10.A - Physician Services

Current through 2024-29, July 17, 2024
The facility must:
10.A.1. Have a formal arrangement for
				  providing each client with Medical care that includes:
a.The availability of physician services
				  twenty-four (24) hours a day; and
b. The provision of care for medical
				  emergencies twenty-four (24) hours a day.