Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113)
Level IV - Residential Care Facilities
Section 144-113-IV-9 - Scope of Licenses

Universal Citation: 10 ME Code Rules ยง 144-113-IV-9

Current through 2024-38, September 18, 2024

9.1 Beds to be located in distinct part of facility. In facilities providing more than one licensed level of care, assisted living services must be provided in a physically distinct part of the facility. An independent building, floor or wing containing only Level IV beds may constitute a distinct part. Several beds physically proximate to one another, such as all beds on one side of a corridor or on one level of a hall, may qualify as a distinct part, but such determination must be made by the Department upon written request prior to the operation of such a distinct part. The Department will approve the request only if it is shown that such a distinct part will comply with all laws and regulations and no other reasonable alternatives are available.

9.2 Resident care limitations.

9.2.1 Application of admission criteria. The facility shall determine whether each resident admitted to the facility meets the admission criteria in accordance with Section 3.4.2 and shall not refuse admission if these criteria are met, except as provided below. If, upon reasonable inquiry, it is determined that the individual meets the admission criteria but requires professional or skilled services beyond those assisted living services described in Section 2.11, the facility may admit the resident provided the nursing needs of the resident can be met. Registered and licensed nurses employed in or operating a Level IV facility, home health nurses and nurses in private practice whose services to residents exceed those described as assisted living services may not delegate those nursing duties, such as ongoing observation and assessment, to unlicensed assistive personnel employed by the facility.

9.2.2 Evacuation capabilities. Each facility will receive a rating from the Office of State Fire Marshal as follows: prompt, slow or impractical. These ratings are based on the building's features and systems, as required by the applicable chapter of the NFPA 101 Life Safety Code, and as further defined in Section 3.4.3. To comply with each facility's rating, the facility:
9.2.2.1 May inquire into the applicant's ability to comply with evacuation standards applicable to the residence, provided such inquires are made of all applicants.

9.2.2.2 Shall comply with Section 5.26 when applicants or residents, due to disability, cannot demonstrate that they are able to evacuate the facility in accordance with the facility's rating.

9.2.3 Other permissible exclusions. Nothing in these rules requires that a facility admit any person whose tenancy would constitute a direct threat to the health or safety of other individuals, any person whose tenancy would result in substantial physical damage to the property of the facility or those persons living in or working in the facility, or those persons who cannot meet the admission criteria or tenancy obligations in spite of the provision of reasonable accommodation and modification as required by Section 5.26.

9.3 Facilities operated by the Church of Christ, Scientist. Facilities conducted in accordance with the practice and principle of the body known as the Church of Christ, Scientist, shall be subject to the provisions of these regulations for licensure, except that nothing in these rules and regulations shall be construed as requiring any medical supervision, regulation or control of the medical care and treatment of residents which is inconsistent with the practice and principles of the Church of Christ, Scientist. A license to operate shall only be issued based upon conditions of safety and sanitation and other requirements which do not relate to medical supervision. The facility is required to certify annually that it operates in accordance with the practice and principles of the Church. The facility must inform the public, through the name of the home and any publicity thereon, that it is operated in accordance with the practice and principles of the Church of Christ, Scientist.

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