Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL)
Chapter II - Specific Policies By Service
Section 144-101-II-21 - Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
Subsection 144-101-II-21.18 - APPENDIX V- Additional Requirements for Section 21 Providers of Home Support Services, Shared Living, Community Support Services and Employment Specialist Services

i. Authority. The provider shall maintain documented evidence of its source(s) of authority to provide services. Such evidence will include articles of incorporation, corporate charter, or similar documents.

ii. Records. Corporations, partnerships, or associations shall maintain records of the contact information for officers, directors, charters, partnership agreements, constitutions, articles of association and/or by-laws, as applicable.

i. Professional Qualifications. The provider shall have written job descriptions for all positions within the agency. The provider shall acquire and retain evidence to demonstrate that all persons engaged in the provision of services regulated by the State of Maine, other applicable government entities, professional associations or similar bodies are appropriately qualified, certified, and/or licensed.

i. The provider will outline the business structure in an organizational chart, identifying management, staff and other individuals compensated by the provider for assisting in the care of Member (s) and illustrating the supervisory responsibilities; include credentials as required for the service delivery.

i. an overview of the service delivery system as a whole, including the availability of peer and family supports and other elements of services;

ii. the provider's mission, philosophy, clinical services, and therapeutic modalities, policies, and procedures

iii. Member's right to privacy and confidentiality

iv. safety and emergency procedures general to the provider;

i. The policy shall address any provider requirement for a valid driver's license, personal insurance limitations, computer proficiency, and any specific training specified by the provider and include a component specific to monitoring continued compliance. The policy should note any requirement that the DSP will receive additional training specific to Member(s) needs as addressed in the Person-Centered Service Plan.

ii. The provider shall provide to all employees, interns, and volunteers, orientation specific to the duties and responsibility for which they were retained or accepted, and ensure the appropriate certification and training requirements specified in this rule and applicable governing regulations which includes but is not limited to the following:

i. Behavioral Regulations. The provider shall comply and ensure that all staff and other individuals compensated for assisting in the care of Member (s) comply with the DHHS' Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism in Maine, (14-197 CMR Ch. 5.)

ii. Rights and Protection. The provider shall comply and ensure that all staff and other individuals compensated for assisting in the care of Member (s) comply with 34-B M.R.S.A. §5605, Rights and Basic Protections of a Person with an Intellectual Disability or Autism.

iii. Reports of Abuse, Neglect or Exploitation. The provider shall maintain a specific policy and procedure governing the reporting, recording and review of allegations of abuse, neglect, or exploitation of persons receiving services, in accordance with applicable laws, rules, and regulations, including but not necessarily limited to the Adult Protective Statute. The provider shall comply and shall ensure that all staff and other individuals compensated by the provider for assisting in the care of Member (s) comply with DHHS' rule governing Behavioral Support, Modification and Management for people with intellectual disabilities or Autism. (14-197 CMR Ch. 12, Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Intellectual Disabilities or Autism), and state law on reportable events and reports of abuse, neglect, and exploitation ( 22 MRSA §3477, Persons Mandated to Report Suspected Abuse, Neglect or Exploitation; 34-B M.R.S.A. §5604-A, Duty to Report Incidents; Adult Protective Services Act and Rights Violations; and 22 M.R.S.A. §3740, et seq., Adult Protective Services Act).

iv. The provider shall maintain written policies and procedures and have reporting forms available at each site where Members are served to ensure compliance with the above mentioned laws and regulations governing Reportable Events, Rights and Basic Protections and Reporting of Abuse, Neglect and Exploitation.

v. Duration of Care. The provider shall maintain policies that outline the admission process, discharge procedures for planned or unplanned termination of services, the referral of individuals deemed inappropriate or not qualified for a particular program, to other programs to meet the individual's needs, and the mechanisms undertaken to eliminate wait lists or the justification for having no wait list.

vi. Medication Management. The provider shall maintain specific policies and procedures ensuring that any staff and other individuals compensated for assisting in the care of Member (s) receive appropriate training in and comply with medication administration protocol that is in accordance with DHHS expectations.

i. Evaluation. The findings of the quality management process shall be reviewed at least annually by the provider.

ii. Plan of Correction. A finding of deficiency in violation of federal or state laws or regulations shall be reported to DHHS within a 30-day period and be accompanied by a Plan of Correction to be deemed acceptable by the DHHS.

i. Fire drills shall be conducted and documented at least four times per year

ii. Emergency Management Plan shall address the event of loss of essential services such as electricity, water, and heat

i. furnishings and equipment are appropriate to the Member's age and physical conditions,

ii. rooms and areas are clean, appropriately lit, and adequately heated and ventilated based on the needs of the Members,

iii. the square footage of rooms (i.e. bathrooms, bedroom, dining areas) are appropriate and adequate for the level of privacy, purpose of the space and to accommodate users,

iv. utilities are maintained in good repair and in a manner consistent with applicable codes,

v. a storage area that shall provide secure space used for the proper storage of potentially harmful materials (i.e. chemicals, medications, and firearms).

i. be one of choice and based on the needs of the individual as indicated in the Member's Person-Centered Service Plan;

ii. ensure a Member's rights of privacy, dignity and respect and freedom from coercion and restraint;

iii. support opportunities to promote competitive, integrated employment,

iv. support opportunities to seek employment in competitive integrated settings, engage in community life, control and optimize autonomy; and support their choice in activities and schedules, facilitate choice of services and providers, and access to services in the community.