Current through 2024-38, September 18, 2024
9.1
Provider's age. The
provider shall be at least twenty-one (21) years of age. [Class
III]
9.2
Education,
experience and training. The provider shall submit satisfactory evidence
regarding education, experience and training to meet the needs of the residents
to be served.
9.3
Qualifications of the provider. The provider must demonstrate to the
Department's satisfaction the capacity to operate and manage the facility with
regard for the best interests of residents and consistent compliance with these
regulations and all relevant laws. In making this determination, the Department
may consider:
9.3.1 Records of professional
licensing boards or registers, any criminal record, child protective record or
adult protective record relating to the provider.
9.3.2 Understanding of and compliance with
resident rights.
9.3.3 Any
information reasonably related to the ability to provide safe and compassionate
services.
9.4
Responsibilities. The provider is responsible for the overall operation
of the facility and shall:
9.4.1 Ensure that
staff are qualified, adequately trained and competent and are performing their
duties consistent with all regulations and provisions of law;
9.4.2 Make work assignments according to the
qualifications of staff and the number and needs of the residents;
and
9.4.3 Assure that each
resident's abilities and needs are adequately assessed and that each resident
is offered all necessary services.
9.4.4 If time studies are required, the
Administrator shall be responsible to see they are done in compliance with
paragraph 97.07-8 of Chapter II, Section 97, of the MaineCare Benefits
Manual.
9.5
Qualifications of other staff. Other caregivers must meet the
following standards:
9.5.1 Any person who is
given supervisory responsibility over residents must be a capable and
dependable person at least eighteen (18) years of age, who is not a resident.
Such a person, or the provider, will be available whenever a resident is in the
facility. A record of the name, address and telephone number of persons who
provide supervision in the absence of the provider shall be kept on file in the
facility and shall be made available to the Department upon request. This
person will be instructed regarding evacuation procedures for the facility.
[Class I, II, III, IV]
9.5.2 Residential care staff shall attend and
show evidence of successful completion of any training that the Department
determines to be necessary. [Class II]
9.5.3 No provider shall knowingly employ or
otherwise permit any person to serve therein, in any capacity, if such person
has a communicable or contagious disease that would threaten the health and
welfare of the residents, unless Standard Precautions reduce or eliminate
exposure or risk to the residents. [Class I, II, III,
IV]
9.6
Consultation services.
9.6.1
Pharmacist consultant services. The Department reserves the right to
require pharmacist consultation in the event that serious or multiple
deficiencies in medication administration are noted.
9.6.2
Registered nurse consultant
services. The Department reserves the right to require licensed nurse
consultation in the event that serious or multiple deficiencies in the health
care of residents are noted.
9.6.3
Consultant dietitian services. The Department reserves the right
to require a qualified consultant dietitian in the event that serious or
multiple deficiencies in food service are noted.
