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 144-129-3 - ADMINISTRATION
Universal Citation: 10 ME Code Rules ยง 144-129-3
Current through 2024-38, September 18, 2024
A. BUSINESS REQUIREMENTS.
1. The agency must have the following:
a. A dedicated phone line;
b. A dedicated email address;
c. A designated administrator for the
operation of the agency; and
d.
Designated office hours that are posted on the entrance of the site containing
the office space. If no one is at the office during the designated office
hours, then a contact phone number must be posted on the door.
2. The agency must inform the
Department of any changes in contact information within seven calendar days of
the change.
3. The agency must
maintain general and professional liability insurance adequate to protect
clients in the event of personal injury.
B. POSTING OF LICENSE.
1. The agency license must be conspicuously
posted in the area where business is conducted.
2. If an agency that is providing personal
care services is dually licensed under another license issued by the
Department, both licenses must be posted.
C. ADMISSIONS.
1. The agency must keep a record of all
admissions that includes the following:
a.
Name of the client;
b. The date
services began, and
c. If services
were discontinued, the date services were discontinued and the reason services
were discontinued.
2. The
agency must retain client records for no less than five years.
3. The agency must demonstrate sufficient
staffing to meet client needs when admitting clients for services.
D. DISCHARGES.
1. The agency must show documented evidence
of strategies used to prevent involuntary discharges. A client may not be
discharged involuntarily, except for the following reasons:
a. When there is documented evidence that a
client has violated their contract obligations, despite reasonable attempts at
problem resolution;
b. A client's
behavior or living environment constitutes a direct threat to the health or
safety of others;
c. A client's
intentional behavior has resulted in substantial physical damage to the
property of the agency;
d. When
there is documented evidence that the agency cannot meet the needs of the
client as the program is fundamentally designed;
e. The client has provided fraudulent or
repeatedly inaccurate information in connection with eligibility or
services;
f. The agency cannot
provide staffing to provide the services as documented in the service plan,
or;
g. The agency's license has
been revoked, not renewed, or voluntarily surrendered.
2. If services are being discontinued because
of a direct threat to the health or safety of others, there must be documented
evidence of the following:
a. The date and
nature of the threat; and
b. Who
was involved.
3. A
discharge notice describing the reason for the involuntary discharge must be
sent to the client or their legal representative within five business days. The
discharge notice must include contact information for the Long Term Care
Ombudsman Program.
E. CONTRACT WITH CLIENT OR LEGAL REPRESENTATIVE.
1. For all clients, the agency must have a
written business contract with the client or legal representative which will
include, at a minimum, any cost(s) for which the client will be responsible.
a. A notice must be given to the client or
legal representative if there is any change in costs for any service at least
30 calendar days prior to the change.
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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