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 3 - LOSS OF, RENEWAL, AND CONDITIONAL LICENSES
Section 144-120-3.B - Right of Entry and Inspection

Universal Citation: 10 ME Code Rules § 144-120-3.B

Current through 2024-38, September 18, 2024

3.B.1. Any duly designated employee of the Department shall have the right to enter upon and into the premises of any Hospice Provider who has applied for a license or who is licensed pursuant to these rules and regulations. The Department can inspect relevant Provider documents to determine whether the Provider is in compliance with these rules and regulations. The right of entry and inspection shall extend to any premises and documents of Providers who the Department has reason to believe are providing hospice services without a license. Such entries or inspections shall be made with permission of the owner or person in charge unless a wan-ant is first obtained from the District Court authorizing that entry or inspection ( 22 MRSA §2148) . Any duly designated employee of the Department, with the permission of the patient, may also make patient home visits at his/her discretion.

3.B.2. Application for licensure, whether initial or renewal, shall constitute permission for entry into, and survey of, a Hospice Provider by authorized licensing authority representatives at reasonable times, during pendency of the application and, if licensed, during the licensure period.

3.B.3. Surveys may be announced or unannounced at the sole discretion of the Division of Licensing and Certification. All complaint investigations will be unannounced.

3.B.4. Upon receipt of a Statement of Deficiency from the Division of Licensing and Certification, the licensee or his/her representative will be required to submit a Plan of Correction to the Division of Licensing and Certification within ten (10) working days of receipt stating how the Hospice Provider intends to correct each violation noted and the expected date of completion.

3.B.5. The Division of licensing and Certification may, at its sole discretion, accept the Plan of Correction as written or request modification of the plan by the licensee.

3.B.6. Regardless of the term of the license, the Department shall monitor for continued compliance with applicable laws and rules.

3.B.7. Inspections

The Department shall inspect the Hospice Provider every two (2) years, except that State inspections need not be performed during a year when a Medicare certification survey is performed.

3.B.8. A Hospice Provider is not eligible for licensure or renewal of licensure unless the hospice program has had a Medicare survey or a State licensure survey within the previous three (3) years.

3.B.9. Reporting of Abuse, Neglect or Misappropriation of Client and/or Client's Property

a. The Hospice Provider must ensure that all staff are knowledgeable of the Adult Protective Services Act, 22 M.R.S.A., §3477 - 3479A, and that all alleged violations involving mistreatment. neglect and abuse, including injuries of unknown source, and/or misappropriation of client property, are reported immediately, through established procedures, to the Program Director of the Hospice Provider and to the officials; in accordance with the State law.

b. A procedure must be established by the Hospice Provider for review, within two (2) business days, of each complaint received by the administrator and/or any designated member of the Hospice staff A report of findings and action taken shall be prepared and submitted to the Quality Assurance Committee or other appropriate committee, and be available for review upon request by the Department.

c. The Hospice Provider must have evidence that all alleged employee violations are thoroughly investigated in a timely manner. Polities must address administrative procedures to be implemented to prevent further potential violations while the investigation is in progress.

d. The results of all investigations conducted in-house must be reported to the program director, administrator or his/her designated representative and to other officials in accordance with State law. If the alleged violation is verified, appropriate corrective action must be taken. AU reports must be made available to the Department upon request.

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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