Current through 2024-38, September 18, 2024
2.1
Requirements. Adult Day Services is a group program designed to
meet the needs of adults who, through an assessment and service plan, are
determined to need therapeutic activities and services of socialization,
supervision, support services, assistance with activities of daily living
and/or health monitoring.
2.1.1 No person or
entity shall operate an Adult Day Services Program of more than two (2)
consumers without a license from the Department in force, authorizing such
operation.
2.1.2 The person or
entity applying for the license shall be responsible for complying with Maine
Statutes and regulations adopted pursuant thereto.
2.1.3 Reimbursement shall not be accepted by
any person for rendering Adult Day Services for more than two (2) persons who
are not blood relatives without such person having first secured a license
authorizing such operation in accordance with these regulations.
2.1.4 The license is valid only for the named
licensee(s).
2.2
Appointment of Program Administrator. Each licensee shall appoint
an administrator, who shall be responsible for complying with these rules. The
administrator must be at least twenty-one (21) years of age. When the
administrator is not on-site for at least fifty percent (50%) of the hours of
operation, the administrator shall appoint an individual to be responsible for
site operation and management during those hours of operation.
2.3
Application Procedure
2.3.1
Filing of Application. The
applicant is required to submit a written application for license on a form
approved by the Department. A license must be issued prior to the commencement
of operation, or the applicant may be subject to sanctions. Incomplete
applications on which no action has been taken after sixty (60) days shall be
void.
2.3.2
Policies to be
submitted with the application:
a. A
written refund policy;
b. A
complaint resolution policy;
c. A
medication administration policy;
d. A confidentiality policy;
e. An admissions policy on participants who
are appropriate;
2.3.3
Proof of Insurance. All applicants shall submit proof of liability
insurance and property damage insurance with the application. If the applicant
provides transportation, proof of vehicle liability insurance shall also
accompany the application.
2.3.4
Fees. Each application for a license to operate an Adult Day
Services Program shall be accompanied by a non-refundable fee as determined by
the Department. All licenses issued shall be renewed annually upon payment of a
like fee and compliance with Maine Revised Annotated Statutes and any rules and
regulations issued thereunder. There shall be a minimum $10 application fee for
a licensed capacity of up to ten (10) consumers, a $20 application fee for
eleven to twenty (11-20) consumers, a $30 application fee for twenty-one to
thirty (21-30) consumers, a $40 application fee for thirty-one to forty (31-40)
consumers, and a $50 application fee for forty-one (41) or more
consumers.
2.3.5
Additional
Information. Each applicant shall provide to the Department such
information as the Department may require, in order to determine whether the
applicant meets licensure requirements and is in conformity with the provisions
of the Maine Revised Annotated Statutes and rules and regulations promulgated
thereunder.
2.4
Additional Program Requirements. In addition to the other
requirements of this Chapter, each application for initial licensing shall
provide:
2.4.1
Floor Plans. A
set of plans and specifications drawn to scale, demonstrating that the total
space used for program activities provides at least fifty (50) square feet per
consumer. Programs located in licensed nursing facilities and Assisted Living
Programs must provide distinct space meeting these requirements.
2.4.2
Copy of Lease. When a
building is leased to the person or persons to operate as a licensed Adult Day
Services Program, a copy of the lease, showing which party to the agreement is
to be held responsible for the maintenance and upkeep of the property, shall be
available to the Department upon request.
2.4.3
Compliance with Local
Laws. A letter from the appropriate municipal official having
jurisdiction over the premises where the program is to be located indicating
compliance with all local laws or codes relative to the type of program for
which licensure is requested. Adult Day Services Programs located in licensed
facilities shall be exempt from submitting further evidence of
compliance.
2.4.4
Emergency
Plan. A written plan for handling emergencies shall be developed and
posted at the site. Each program shall have a centrally located and readily
available first aid kit and staff shall be instructed in the use of any item in
the kit.
2.5
Issuance of License.
2.5.1
Specifications of License. Each license issued by the Department
shall:
a. Specify the name of the
program;
b. Specify the name of the
administrator;
c. Specify the type
of program;
d. Specify the maximum
allowable number of consumers licensed to serve, which number shall not be
exceeded;
e. Identify if a program
is approved to provide a Night Program;
f. Specify the effective dates of the
license;
a. Specify the name of the
owner;
b. Specify the address of
the program;
c. Specify the type of
license.
2.6
Default Licensing. If a new
applicant has filed a completed application and has a building ready for
inspection, has not been provided the necessary notifications, inspections or
services from the Department and the Department of Public Safety, and a period
of more than ninety (90) days has elapsed since notification that the
application is complete, a provisional license will be issued. All required
application materials must be submitted for the application to be considered
complete. The Department shall notify a new applicant within two (2) weeks of
filing of the application on whether the application is complete. If initial
service inspections are completed within the ninety (90) day time period, an
initial license will be issued and no default licensing will occur.
2.7
Transfer of License. No
license shall be transferred or applicable to any location or persons other
than those specified on the license. When a program or facility is sold or
otherwise transferred to another provider, the new provider must apply for and
obtain a license and pay a licensing fee prior to operating the
program.
2.8
Changes.
2.8.1
Increases in Licensed
Capacity. Requests for any increase in the number of consumers the Adult
Day Services Program is licensed to serve shall be made in writing to the
Department. No increases in the number of consumers a program is licensed to
serve shall be made without prior written approval from the
Department.
2.8.2
Changes in
Program. Requests to change or add a program shall be made inwriting to
the DepartmentNo change of program shall be made without prior written approval
from the Department. An Adult Day Services Program shall be licensed as a
Social Adult Day Services Program and/or an Adult Day Health Services Program.
No Social Adult Day Services Program nor an Adult Day Health Services Program
may provide a Night Program, without having first applied for and received a
license to provide a Night Program.
2.8.3
Change of Administrator. A
request to change an administrator shall be made in writing to the Department
within seventy-two (72) hours of the change taking effect and a new license
application indicating the name of the new administrator must be submitted to
the Department within sixty (60) days. An acting administrator may be appointed
for a period not to exceed sixty (60) days. If no permanent administrator has
been secured and no new application is submitted by the end of the sixty (60)
day period, the license becomes null and void, unless an extension of time has
been approved by the Department. No extension will be granted unless the
licensee demonstrates that a reasonable attempt has been made to find a
suitable replacement.
2.9
Waiver Provisions. The
Department may waive or modify any provision(s) of these regulations not
mandated by Federal or State statute and not in violation of the consumer
rights described in Section 7 of these regulations, unless contrary to law.
2.9.1 To request a waiver, the program must
make a written application to the Department prior to the issuance or renewal
of any license. Such application shall contain a written justification for the
request, shall state the specific provisions of these regulations for which a
waiver is being requested and document what steps the program is taking or will
take to bring such program into compliance with those provisions of these
regulations for which a waiver is sought.
2.9.2 No waiver shall be granted if there
would be an adverse effect to the health and safety of the consumers of the
program.
2.9.3 The Department may
request additional information before making a decision as to granting or
denying an application for a waiver.
2.9.4 No waiver shall be extended beyond the
term of the license and a new waiver shall be required when the license of the
program is renewed.
2.9.5 The
program will be notified in writing when a waiver is granted and the specific
area for which a waiver has been granted shall be noted on the
license
2.9.6 If approved, the
waiver may be time limited.
2.10
Informal Review of Waiver
Denial. The applicant/licensee may appeal a decision of the Department
to deny a waiver request by submitting a written request for an informal review
by the Department, or its designee, within ten (10) working days of the date of
receipt of the denial. The applicant/licensee shall state in the written
request the grounds for the appeal. If the applicant/licensee disagrees with
the informal review decision, the applicant/licensee may request an
administrative hearing (pursuant to the Maine Administrative Procedure Act).
The applicant/licensee must submit a written request for an administrative
hearing, including the specific grounds for the appeal, to the Department
within ten (10) working days of receipt of the informal review decision by the
Department. See also 3.7 of these regulations.
2.11
Enforcement
Procedures. After inspection, an SOD will be
sent to the Adult Day Services provider if an inspection identifies any failure
to comply with licensing regulations. The Adult Day Services provider shall
complete a POC for each deficiency, sign the plan and submit it to the
Department within ten (10) working days of receipt of any SOD.
2.12
Posting of License. The
licensee shall post the license where it can be seen and reviewed by the
public.
2.13
Availability of
Survey Results. Programs will post the results of State surveys, which
include the plan of correction, in a place readily accessible to consumers,
consumer representatives and the general public. Copies of these surveys shall
be provided by the program upon reasonable request.
2.14
Departmental Obligations.
The Department is responsible for reviewing all application materials to
determine eligibility for licensure, for issuing licenses, for evaluating the
adequacy of care provided and the adequacy of the site. The Department may make
unannounced visits to evaluate compliance with regulations and to talk with
consumers in private.
