Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 129 - PERSONAL CARE AGENCY LICENSING RULE
Section 144-129-1 - PURPOSE AND DEFINITIONS

1. Abuse means the infliction of injury, unreasonable confinement, intimidation, or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.

2. Activities of Daily Living (ADL) means tasks that are routinely performed by an individual to maintain bodily function, including, but not limited to, bed mobility; transfers between surfaces; locomotion; dressing; eating; toileting; bathing; and personal hygiene assistance.

3. Administrator means the person responsible for the management of a licensed PCA, including compliance with this rule.

4. Applicant means the person who is applying for a license and assumes the roles and duties under these rules.

5. Certified Nursing Assistant (CNA) means an individual who has successfully completed a training program or course with a curriculum prescribed by the Maine State Board of Nursing, holds a certificate of training from that program or course and is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers.

6. Client means a person who receives services in their place of residence.

7. Contingency plan means a plan to respond to emergency scenarios that may impact an agency's ability to deliver services to clients.

8. Department means the Maine Department of Health and Human Services.

9. Deficiency means a violation of this rule.

10. Direct care means direct contact assistance with personal care or activities of daily living.

11. Direct care worker means an individual who by virtue of employment generally provides direct care to individuals or has direct access to provide care and services to clients, patients or residents regardless of setting. "Direct care worker" does not include a certified nursing assistant employed in that person's capacity as a certified nursing assistant.

12. Directed Plan of Correction means a Plan of Correction, issued by the Department, which directs the agency on how and when to correct cited deficiencies, identifies the responsible party, and gives a deadline by which those actions must be completed.

13. Discharge means discontinuation of services.

14. Emergency situations means events over which the agency has no control which present the risk of harm to clients or employees.

15. Employee means an individual hired by a personal care agency.

16. Exploitation means the illegal or improper use of an incapacitated or dependent adult or his/her resources for another's profit or advantage.

17. Grievance means a complaint by a client about either an action or inaction by an agency or an employee.

18. Health care facility means a nursing facility that is licensed under 22 MRS Ch. 405; a residential care facility that is licensed under 22 MRS Chs 1663 and 1664; an assisted housing facility that is licensed under 22 MRS Chs 1663 and 1664; a hospital that is licensed under 22 MRS Ch 405; a residential mental health or substance use facility licensed under 34-B MRS §1203-A or 22 MRS §7801; or a facility of a hospice program that is licensed under 22 MRS Ch 1681.

19. Impeding or interfering with an inspection means a failure to provide information to the Department during an inspection, including an investigation, that is necessary to evaluate compliance with licensing rules, or a failure or refusal to allow the Department access to records or to the premises of a PCA.

20. Instrumental Activities of Daily Living (IADLs) means activities related to independent living, including preparing meals, managing money, shopping for groceries or personal items, performing light housework, and communication.

21. Involuntary discharge means a decision by an agency to cease providing services to a client who prefers to continue receiving services from that agency.

22. Legal representative means a guardian, conservator, agent under durable power of attorney, representative payee, or other person authorized by law, whose authority extends to the matter under consideration and who has provided the personal care agency with documentation of their legal authority.

23. Licensee means any business, organization, or individual(s) that has been granted legal permission by the Department to provide Personal Care Services under this rule.

24. Maine Registry of Certified Nursing Assistants and Direct Care Workers means an on-line registry which identifies individuals qualified and eligible for employment as a Certified Nursing Assistant and individuals who are not eligible for employment as a CNA or direct care worker due to notations for disqualifying offenses.

25. Misappropriation of property means deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a client's belongings or money without that person's consent.

26. Neglect means a threat to a client's health or welfare by failure to provide goods or services necessary to avoid physical or mental injury or impairment or the threat of injury or impairment.

27. Personal Care Agency (PCA) means a business entity or subsidiary of a business entity licensed by the Department that hires and employs direct access personnel to work in direct contact with clients to provide assistance with ADLs and IADLs in the places in which they reside, either permanently or temporarily. "Personal care agency" does not include a home health care provider licensed under 22 MRS Ch. 419 or a Family Provider Agency as defined in 10-144 Ch. 101, MaineCare Benefits Manual, Ch. II Section 96.

28. Personal Care Services means a range of human assistance provided to persons with disabilities and chronic conditions to enable them to accomplish activities of daily living (ADLs) or instrumental activities of daily living (IADLs). Personal care services, also known as "home care services", are provided to help clients stay in their own homes and communities rather than live in institutional settings.

29. Personal Support Specialist means a non-medical direct care worker who assists clients with ADLs and IADLs.

30. Plan of Correction means a specific plan completed by the provider that fully addresses the Statement of Deficiencies by detailing the provider's plan to correct deficiencies, prevent repeat occurrences, and the timeframes (specific dates) for completion.

31. Provider means a licensed personal care agency.

32. Quality Improvement Plan is a PCA's framework for developing and improving processes. It includes the specific indicators of the outcomes of care and quality of life developed by the PCA, and the direction, timeline, activities, and assessment of quality improvement over time within the organization.

33. Repeated deficiency means a subsequent deficiency with comparable circumstances or rule provisions as a prior deficiency, unless the Department determines that the circumstances of the previous deficiency are so dissimilar that it would not be proper to consider the deficiency to be a repeat.

34. Serious harm means serious physical injury or impairment; serious mental injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including, but not limited to, severe anxiety, depression or withdrawal, untoward aggressive behavior or similar serious dysfunctional behavior; sexual abuse or sexual exploitation; or serious waste or dissipation of resources.

35. Service Plan means an individualized written plan, developed in conjunction with the client and/or legal representative, which identifies the amount, frequency, and scope of service delivery.

36. Significant change means a major decline or improvement in a client's status that impacts one or more areas of the client's functional or health status and requires multi-disciplinary review or revision of the service plan.

37. Site means the physical location(s) where services are coordinated and managed. A site may consist of one or more facilities. A site is where administrative staff are housed and records are maintained.

38. Substantial compliance means the correction of cited deficiencies in accordance with the POC, absence of repeated deficiencies, and absence of violations that would threaten the health and safety of clients.

39. Substantiated finding means that facts and evidence gathered during an investigation support a decision, by a preponderance, that a person has subjected a client to specific high severity abuse, neglect, or misappropriation of property thus causing the client to be in danger of serious harm.

40. Supervisor means a designated individual who is responsible for staff oversight and supervision of direct care workers or other professionals delivering direct care/support to clients.

41. Statement of Deficiencies (SOD) means a written summary, issued by the Department following a Department conducted inspection or investigation, identifying the provisions of this rule with which a licensee has failed to comply.

42. Working days means Monday-Friday, excluding State holidays, also known as business days.