Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 120 - REGULATIONS CONCERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS
Chapter 1 - DEFINITIONS
Current through 2024-38, September 18, 2024
The following terms used in these regulations shall have the following meanings:
1. BEREAVEMENT SERVICES: Means emotional support services related to the death of a family member, including, but not limited to, counseling provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. Bereavement services must be consistent with the bereavement care plan.
2. CARE PLAN: Means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. A care plan must specify what hospice services are needed and how they will be delivered.
3. CLIENT: Means the person who is receiving the hospice services.
4. COMMISSIONER: Means the Commissioner of the Department of Human Services.
5. COUNCIL: Means the Maine Hospice Council established by M.R.S.A. 22, Chapter 1680, Section 861 1.
6. DEEMING: A Medicare certified hospice is deemed to meet licensure requirements for a hospice program if it attests in writing that it met all State licensing requirements.
7. DEPARTMENT: Means the Maine Department of Human Services.
8. DIRECT SERVICE PROVIDER: Means an employee or volunteer who provides hospices services directly to a client.
9. DURABLE HEALTH CARE POWER OF ATTORNEY: Has the same meaning as contained in Chapter 44, Public Law, Section 1, 18-A, Part 7, Sections 5-701, 702 and 707.
10. FAMILY: Means a spouse, primary caregiver, biological relative(s) and/or individual(s) with close personal ties to the patient.
11. FTE: Means full time equivalent position. In order to calculate the number of full time equivalent employees, a standard of at least 37 1/2 hours per week will be utilized. AD full and part-time employees of the Hospice Provider, including administrative, business, clerical and direct service providers will be included in the calculation of an agency's full-time equivalency figure.
12. GOVERNING BODY: Means the entity that establishes policy and is legally responsible for the overall operation of a hospice program.
13. HOSPICE PHILOSOPHY: Means a philosophy of palliative care for individuals and families during the process of dying and bereavement. Hospice philosophy' is life affirming and strengthens the client's role in making informed decisions about care. "Hospice philosophy" stresses the delivery of services in the least restrictive setting possible and with the least amount of technology necessary by volunteers and professionals who are trained to help clients with the physical, social, psychological, spiritual and emotional needs related to terminal illness.
14. HOSPICE PROGRAM OR HOSPICE PROVIDER: Means a distinct, clearly recognizable entity that exists to provide hospice services. Also known as the "Licensee".
15. HOSPICE SERVICES: Means a range of interdisciplinary services provided 24 hours a day, 7 days a week to a person who is terminally ill and that person's family. Hospice services must be delivered in accordance with hospice philosophy.
16. INPATIENT HOSPICE: Means a hospice must be engaged in providing care and services in accordance with Medicare Certification as a hospice.
17. INTERDISCIPLINARY TEAM: For a hospice providing comprehensive services, "interdisciplinary team" means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. For a volunteer hospice program, "interdisciplinary team" means a regularly scheduled case conference as defined by program policy. The client, and the client's family if the client desires, must be given the opportunity and encouragement to attend interdisciplinary team meetings.
18. LICENSING AUTHORITY: Means the Division of Licensing and Certification.
19. MEDICAL DIRECTOR: Means a licensed physician who oversees the medical components of hospice services and serves on the team
20. NURSE SUPERVISOR: Means a licensed professional registered nurse with at least one (1) year experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program.
21. PRIMARY PHYSICIAN: Means the physician identified by the client, or by the person authorized to make decisions for the client, pursuant to a durable health care power of attorney.
22. PROGRAM DIRECTOR: Means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program.
23. STATEMENT OF DEFICIENCIES: Means a listing of regulatory violations.
24. TERMINALLY ILL: Means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director.
25. VOLUNTEER: Means a trained individual who works for a hospice program without compensation.
26. VOLUNTEER HOSPICE PROGRAM: Means a hospice program that provides all direct patient care at no charge.