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-29 - Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
Subsection 144-101-II-29.10 - PROVIDER QUALIFICATIONS AND REQUIREMENTS
Current through 2024-38, September 18, 2024
The provider must document each service provided, the date of each service, the type of service, need or goal to which the service relates, the length of time of the service, and the signature of the individual performing the service.
To provide services under this section a provider must be a qualified vendor as approved by DHHS and enrolled by the MaineCare program. Once a provider has been authorized to provide services, the provider cannot terminate the member's services without written authorization from DHHS.
Providers must ensure staff are trained in identifying risks, such as risk of abuse, neglect or exploitation; participating in a member's risk assessment; identifying and reporting to an immediate supervisor changes in health status and behavior; anticipating or preventing unsafe or destructive behavior; and safely intervening against undesirable behavior according to an intervention plan. Any plan, intervention must be consistent with the DHHS's rule governing emergency intervention and behavioral treatment for persons with intellectual disabilities (14-197 CMR Chapter 5). It may also be necessary to seek emergency medical or safety assistance when needed and comply with Reportable Events reporting requirements.
All staff, regardless of length of employment, must have Behavioral Regulations (14-197 CMR, Chapter 5), Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Mental Retardation and Autism (14-197, ch 12), and Rights of Persons with Intellectual Disabilities or Autism Training (Title 34-B §5605). These trainings are required every thirty-six (36) months. Documentation of training must be maintained in provider personnel files,
Additional information regarding provider requirements can be found in APPENDIX IV- Additional Requirements for Section 29 Providers Community Support Services and Employment Specialist Services.
29.10-1 Direct Support Professional (DSP)
The following requirements apply to DSPs:
Documentation of completion must be retained in the personnel record.
29.10-2 Employment Specialist is a person who provides Employment Specialist Services or Work Support. The following requirements apply to Employment Specialists:
29.10-3 Emergency Intervention- All providers must follow DHHS's rule governing emergency intervention and behavioral treatment for persons with Intellectual Disabilities (14-197 CMR Chapter 5), and must meet training requirements on approved behavioral interventions procedures (e.g., Mandt) if applicable and indicated as a need in the member's Personal Plan.
29.10-4 Shared Living (Foster Care, Adult)
The Shared Living Home Provider maintains a supportive home environment that promotes community inclusion with an appropriate level of support and supervision.
The Shared Living Home Provider is required to:
29.10-5 Background Check Criteria -The provider must conduct background checks every two years on all employees, persons contracted or hired, consultants, volunteers, students, and other persons who may provide services under this Section. A background check is required for any adult who may be providing direct or indirect services where the member receives Shared Living. Background checks are required for any adult residing in a Shared Living Home. Background checks must be completed before a hire is finalized and prior to the employee working with members. Background checks on persons professionally licensed by the State of Maine will include a confirmation that the licensee is in good standing with the appropriate licensing board or entity. The provider shall not hire or retain in any capacity any person who may directly provide services to a member under this Section if that person has a record of:
Employment of individuals with records of such convictions more than five (5) years ago is a matter within the provider's discretion after consideration of the individual's criminal record in relation to the nature of the position. The provider shall contact child and adult protective services (including OADS and the Office of Child and Family Services) units within State government to obtain any record of substantiated allegations of abuse, neglect or exploitation against an employment applicant before hiring the same. In the case of a child or adult protective services investigation substantiating abuse, neglect or exploitation by an employee of the provider, it is the provider's responsibility to decide what hiring action to take in response to that substantiation, while acting in accordance with licensing standards. Within 60 days of the effective date of this rule, all staff and all adults residing with a member must have all background checks completed. All background checks must be completed every twenty-four (24) months thereafter. Costs for background checks are the responsibility of the provider.
29.10-6 Informed Consent Policy
Providers must put in place and implement an informed consent policy approved by the DHHS. For the purposes of this requirement, informed consent means consent obtained in writing from a person or the person's legally authorized representative for a specific treatment, intervention or service, following disclosure of information adequate to assist the person in making the consent. Such information may include the diagnosis, the nature and purpose of the procedure(s) or service(s) for which consent is sought, all material risks and consequences of the procedure(s) or service(s), an assessment of the likelihood that the procedure(s) or service(s) will accomplish the desired objective(s), any reasonably feasible alternatives for treatment, with the same supporting information as is required regarding the proposed procedure(s) or service(s), and the prognosis if no treatment is provided. At a minimum, a provider's informed consent policy must ensure that members served by the provider (and their guardians, where applicable) are informed of the risks and benefits of services and the right to refuse or change services or providers.
29.10-7 Reportable Events& Behavioral Treatment
Providers shall comply with all terms and conditions of the Department's Regulations Governing Reportable Events, Adult Protective Investigations and Substantiation Hearings regarding persons with Intellectual Disabilities or Autism as described in 14-197 CMR, chapter 12. All staff must receive training in mandatory reporting/reportable events and Behavioral Regulations either before they begin work with members or, at the latest, six (6) months of being hired and every thirty six (36) months thereafter. All staff must receive the following Department sponsored training;
Completion of trainings should occur before staff begin work with members or within six (6) months of the date of hire and every thirty six (36) months thereafter. All staff, regardless of length of employment, must have documentation of training completion in their personnel file.