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 144-110-6 - Contracts with Residents
Universal Citation: 10 ME Code Rules ยง 144-110-6
Current through 2024-38, September 18, 2024
6.A. Contract Between Resident and Representative of Facility
The presence of each resident admitted after the effective date of these regulations in a licensed facility shall be covered by a standardized contract executed at the time of admission, or prior thereto, by the resident or legal representative and the licensed facility (see Appendix A of these Regulations). Each party to such contract shall be entitled to a copy thereof and the licensed facility shall keep on file all contracts which it has with residents. The licensed facility shall not destroy or otherwise dispose of any such contract except as otherwise permitted by law.
6.B. Provisions of Contract
Each contract to which this section applies shall contain express provisions specifically setting forth the following:
6.B.1. The services and accommodations to be
provided by the facility and the rates and charges therefor, including an
outline of responsibilities for and payment of treatment and medications,
special equipment and appliances, dressings, clothing, personal supplies of the
resident; services of related medical and paramedical personnel; and any other
related charges not covered by the facility's basic per diem rate;
6.B.2. The identity of the person or party
who is to be responsible for personal funds of the resident, including the
name, address and telephone number of the person to be responsible, if other
than the resident or an agent of the facility;
6.B.3. The specification of any rights,
duties and obligations of both residents and the facility in addition to those
required by law;
6.B.4. Provision
that a resident may obtain medical care from any qualified institution, agency
or person of his/her choice, as long as that health care provider complies with
any applicable laws or rules concerning the provision of care to the resident
and with the reasonable policies of the facility;
6.B.5. Provision that a resident may obtain
medication from any qualified pharmacy, as long as that pharmacy complies with
any applicable State rules and federal regulations and with the reasonable
policies of the facility concerning procurement of medication;
6.B.6. The established procedures to be
followed in an emergency which cover immediate care of the residents, persons
to be notified and reports to be prepared;
6.B.7. Those facilities that decide to use
the Standardized Contract, without any additions, are considered to meet State
licensing requirements for contracts with residents. The standardized contract
may contain any other provisions in a separate addendum/rider, which do not
violate State law or rule or federal law or regulation and that are
specifically allowed by the standardized contract found in Appendix A of these
Regulations.
6.B.8. Provision for
addressing discharge potential and planning.
6.C. Contract Requirements
Each contract or agreement is subject to the following requirements:
6.C.1. No contract or
agreement may contain a provision for the discharge or transfer of a resident
to another facility or another room within the same facility which is
inconsistent with State law or rule.
6.C.2. Each contract or agreement shall
contain a complete copy of the department rules establishing residents' rights
and shall contain a written acknowledgment that the resident has been informed
of those rights. In the case of a person who is adjudicated incompetent, the
written acknowledgment of those rights shall be made by a representative of the
resident. No provision in the contract or agreement may negate, limit or
otherwise modify any provision of the residents' rights.
6.C.3. No provision of a contract or
agreement may require or imply a lesser standard of care or responsibility than
is required by law or rule.
6.C.4.
No provision of a contract or agreement may state or imply a lesser degree of
responsibility for the personal property of a resident than is required by law
or rule.
6.C.5. No contract or
agreement may require the resident to sign a waiver of liability statement as a
condition of discharge, even if the discharge is against medical advice. This
does not prohibit a facility from attempting to obtain a written acknowledgment
that the resident has been informed of the potential risk in being discharged
against medical advice.
6.C.6. Each
contract or agreement shall contain a provision which provides for at least
thirty (30) days' notice prior to any changes in rates and/or charges,
responsibilities, services to be provided or any other items included in the
contract or agreement.
6.C.7. No
contract or agreement may require the resident to authorize the facility or its
staff to manage, hold or otherwise control the income or other assets of a
resident.
6.C.8. No contract or
agreement may contain any provisions which restrict or limit the ability of a
resident to apply for and receive Medicaid or which require a specified period
of residency prior to applying for Medicaid. The resident may be required to
notify the facility when an application for Medicaid has been made. No contract
or agreement may require a deposit or other prepayment from Medicaid
recipients. No contract or agreement may refuse to accept retroactive Medicaid
benefits.
6.C.9. Medicaid Payment
is payment in full when the person's Medicaid eligibility begins. Nursing
facilities are required to refund any payment, within thirty (30) days, which
was received from a resident or family member for the period of time that the
Medicaid eligibility was pending and the resident is then determined eligible
for Medicaid.
6.C.10. No contract
agreement may contain a provision which provides for the payment of attorneys'
fees or any other cost of collecting payments from the resident.
6.C.11. A nursing facility may require an
identification photograph of each resident. Photographs may not be used for any
other purpose without the permission of the resident for each specific use. The
permission must indicate the specific purpose which the pictures are to be used
for and, except for the identification photograph, may not be contained in the
admission contract or agreement.
6.D. Obligations
The contract or any provision thereof shall not be construed to relieve any licensed facility of any requirement or obligation imposed upon it by Maine Statutes or any standards, rules or regulations pursuant thereto.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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