10-144-110 Me. Code R. § 2
Each licensee shall appoint an administrator for each facility. The licensee and the administrator may be one and the same person.
Nursing facilities conducted in accordance with the practice and principle of the body known as the Church of Christ, Scientist, shall be subject to the provisions for licensure by the Department. Approval shall be based upon conditions of public safety and sanitation. Certification shall be required by the First Church of Christ, Scientist, Boston, Massachusetts, that the home is operated in accordance with the practice and principle of that body, and the public shall be informed through the name of the home and any publicity thereon that such home is operated in accordance with the practice and principle of the Church body as indicated above. Nothing in these rules and regulations shall be construed to authorize any medical supervision, regulation or control of the remedial care and treatment of residents in certified Christian Science facilities.
Any person, partnership, association or corporation, including state, county or local governmental units desiring a license to operate a nursing facility shall, prior to the commencement of such operation, file with the Department a verified application containing the information required in this section. Application on behalf of a corporation or association shall be made by any two officers thereof or by its managing agent. All applicants shall submit satisfactory evidence of their ability to comply with the minimum standards of Title 22, and all rules and regulations adopted thereunder, and whether the applicant(s) are at least 18 years of age. (Title 22, Section 1814) Such application shall be on a form approved by the Department.
Each applicant shall provide to the Department a written statement signed by an authorized representative of the Department of Public Safety or the proper municipal official designated in Title 25, Chapters 311 to 321, M.R.S.A., Maine, 1964, to make fire safety inspections that the facility and premises comply with said Chapters 311 to 321 relating to fire safety.
Each applicant for a skilled nursing facility or nursing facility shall provide the Department with a signed statement from the professional group of advisors indicating approval of the policies.
Each application, submitted on or after July 1, 2003, for a license to operate a skilled nursing facility or nursing facility shall be accompanied by a fee of twenty-six (26) dollars for each bed contained within the facility. No such fee shall be refunded. All licenses issued shall be renewed annually upon payment of a like fee and compliance with Maine Statutes and any rules and regulations issued thereunder. No license granted is assignable or transferable. (Title 22, Section 1815 and 1815 A)
Each applicant shall provide to the Department such information as the Department may require, in order to determine the suitability of the applicant for licensure, in conformity with the provisions of the Statutes of Maine and rules and regulations promulgated thereunder.
In addition to the requirements in Sections A, B, C, and D of this Section, each applicant for initial licensing shall provide:
A set of plans and specifications of the facility drawn to scale showing the name or number of each resident bedroom, service area, etc., and including the source of utilities, water and methods of waste disposal. If there is a distinct part, this part must be identified.
There must be an approved written Certificate of Need, signed by the Commissioner, Department of Human Services, or a written determination from the Department of Human Services that a Certificate of Need is not required.
A written statement signed by an authorized representative of the Bureau of Health of the Department indicating compliance of the facility with all applicable State Statutes and appropriate rules and regulations promulgated thereunder relating to plumbing, water supply and sewage disposal.
A copy of the policies governing the services the facility provides to be available to representatives of the Department and submitted to the Department only if specifically requested in writing. The Department will notify the facility in writing of any policies which are not approved, as being contrary to the provisions of Title 22 M.R.S.A. or rules promulgated thereunder.
Each applicant for a skilled nursing facility or nursing facility license shall provide a copy of all transfer agreements with licensed hospitals, upon request of the Department.
When a building or buildings is or are leased to the person or persons to operate as a licensed facility, a copy of the lease, showing clearly in its context which party to the agreement is to be held responsible for the maintenance and upkeep of the property, shall be filed with the application for a license. The Department shall be notified within seventy-two (72) hours, if there is any change in the lease agreements that may in any way affect the responsibility for maintenance and upkeep of this property.
A letter from the appropriate municipal official having jurisdiction over the premises where the facility is to be located indicating compliance with all local laws or codes relative to the type of facility for which licensure is requested.
When a new applicant has filed a completed application and has a building ready for inspection, but has not been provided the necessary notifications, inspections or services from the Division of Licensing and Certification and the Department of Public Safety within ninety (90) days, a provisional license will be issued. All required application materials must be submitted for the application to be considered complete. The Division shall notify a new applicant within two (2) weeks of filing of the application on whether the application is complete. The Division and the Department of Public Safety shall provide necessary services and inspections within ninety (90) days of filing of the complete application. If initial services and inspections are satisfactorily completed within the ninety (90) day time period, an initial license will be issued and no default licensing will occur.
For nursing facilities, each license issued by the Department shall specify:
For multilevel facilities, a single license will be issued by the Department, identifying each level of service.
When one owner, organization or corporation has separate facilities located in physically separated structures on the same grounds, separate licenses shall not be required.
Facilities operated by the same management on different grounds shall be required to have in effect a separate license for each facility.
No new construction or additions or alterations shall commence without the applicant having first referred the plans to the Office of Planning, Research and Development for their recommendations, and without having prior written approval by the Department. The provisions of these rules and regulations do not prohibit the use of equivalent alternate space utilizations, new concepts of facility plan design and new finish materials.
All requests for any increase or decrease in the number of beds shall be made in writing to the Department, at least forty five (45) days prior to the effective date. No changes in the number and/or location of beds, or the distinct part, shall be made without prior written approval of the Department.
No change shall be made in a licensed facility's operation, program or services without prior written approval of the Department.
No changes in the physical plant or its utilities shall be made until approved in writing by the Department.
No new resident rooms or new areas to be used by residents shall be occupied or utilized by residents without prior written approval of the Department.
A change of administrator shall be reported, in writing, to the Department no later than seventy-two (72) hours prior to the change taking effect. The name and administrator license number of the individual who is to become administrator is to be submitted at that time. The license to operate the facility shall also be returned to the Department to be voided, and a new license issued bearing the name of the new administrator.
Where structural changes in an existing facility are necessary for such facility to comply with the provisions of these regulations and the change would result in an unreasonable hardship to the owners or operators, the Department may grant a waiver of one or more of the specific provisions of these regulations to an operator or owner, in accordance with the following requirements:
The license shall be conspicuously posted in an area highly visible to residents and the public.
Facilities will have the results of State and Federal surveys, which include the plan of correction, in a place readily accessible to residents, resident representatives and the general public and must post a notice of their availability. Copies of these may be provided by the facility upon reasonable request.
10-144 C.M.R. ch. 110, § 2