Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 111 - TEMPORARY NURSE AGENCY LICENSING RULE
Section 144-111-7 - ENFORCEMENT
Universal Citation: 10 ME Code Rules ยง 144-111-7
Current through 2024-38, September 18, 2024
A. Compliance.
1. The Department will issue a statement of
deficiencies (SOD) for any violation of this rule. This SOD will be issued, via
email, to the email address on file with the Department.
2. A TNA must submit and the Department must
receive an acceptable Plan of Correction (POC) within ten business days of
receipt of a SOD.
3. An acceptable
POC must contain the following elements for each and every specific deficiency:
a. How the TNA will address any processes and
systems issues that led to the deficiency;
b. The procedure for implementing the POC and
the date of implementation;
c. The
monitoring procedure to ensure that the POC is effective and the specific
deficiency cited remains corrected and in compliance with this rule, including
the timeframe and processes for monitoring to ensure continued compliance after
the date of completion; and
d. The
title of the person responsible for implementing the acceptable POC.
e. A POC may not contain any patient's or
client's name or protected health information.
f. Failure to correct any deficiency(ies), or
to file an acceptable timely POC, may lead to further action by the
Department.
4. The
Department will review the submitted POC and determine if the plan is
acceptable or not and will notify the TNA in writing if the POC is acceptable
or not.
a. If the POC is not acceptable, the
Department will request a revised POC.
b. Failure to submit an acceptable POC may
result in revocation or suspension of a registration.
B. Complaint Investigation. Any individual may report allegations of non-compliance with this rule to the Department.
1. The
Department may conduct complaint investigations to determine compliance with
this rule.
2. Complaint
investigations may include interviews with employees of the TNA placed in
Maine, desk audits, records requests, and other activities appropriate to the
nature of the complaint as deemed necessary by the Department.
C. Violations
1. The Department may deny an application or
seek revocation or suspension of a registration for the following reasons:
a. The TNA submitted an application with
information that is incorrect or is fraudulent, deceitful, or a
misrepresentation of fact;
b. The
TNA has demonstrated repeated non-compliance with this rule;
c. The TNA has failed to comply with all
applicable Maine statutes and rules;
d. The TNA's practice is detrimental to the
welfare of persons to whom the TNA is providing services;
e. The TNA failed to submit an acceptable
plan of correction after receiving a Statement of Deficiencies;
f. The TNA violated 5 MRS Ch. 10, Maine
Unfair Trades Practice Act; or
g.
The TNA engaged in predatory recruitment as defined in 22 MRS §
2131(1-C).
D. Penalties and Sanctions.
1. The
following violations of this rule may be referred to the Office of the Attorney
General to pursue civil penalties in accordance with 22 MRS § 2131 (4)(A)
and (B):
a. Operating without registering. A
person who operates a TNA without registering commits a civil violation for
which a fine of not less than $500 per day but not more than $10,000 per day
may be adjudged. Each day constitutes a separate violation;
b. Failure to verify the inclusion of a CNA
on the Maine Registry of Certified Nursing Assistants and Direct Care Workers.
A person who operates a TNA who fails to verify Certified Nursing Assistant
status on the Maine Registry of Certified Nursing Assistants and Direct Care
Workers before hire, which may be done through the MBCC, commits a civil
violation for which a fine of not less than $500 per day but not more than
$10,000 per day may be adjudged. Each day constitutes a separate violation;
and
c. Operating a TNA in violation
of the employment prohibitions in 22 MRSA § 2138. A person who operates a
temporary nurse agency in violation of the employment prohibitions in 22 MRSA
§2138 commits a civil violation for which a fine of not less than $500 per
day but not more than $10,000 per day may be adjudged. Each day constitutes a
separate violation.
2.
The Department may impose a fine of not less than $500.00 and not more than
$10,000 for violations of 22 MRS §2131 (4)(C)(1) or (2) on a person or
business entity operating a TNA as follows:
a.
A person or a business entity who fails to meet the documentation requirements
outlined in Section IV (A) of this rule;
b. A person or a business entity who fails to
make documentation required in Section IV(A) available to the Department on
request; or
c. A person or a
business entity who fails to provide an annual report that includes all
required documentation listed in Section V of this rule.
E. Appeal rights.
1. A TNA aggrieved by the Department's
decision to take either of the following actions may request an administrative
hearing to refute the basis of the Department's decision, as provided by the
Maine Administrative Procedure Act, 5 MRS Chapter 375:
a. Imposition of a fine; or
b. Refusal to register a TNA.
2. A request for a hearing must be
made in writing to the Division of Licensing and Certification and must specify
the reason for the appeal.
3.
Administrative hearings will be held in conformity with 10-144 CMR Ch. 1,
Administrative Hearings Regulations.
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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