10-144-117 Me. Code R. § 1

Current through 2024-51, December 18, 2024

Section 144-117-1 - Definitions

The following terms have the following meanings for these rules, as specified:

1.1Abuse means the infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm or pain or mental anguish, sexual abuse or exploitation or the willful deprivation of essential needs ( 22 M.R.S.A. §3472) .

1.2Activities of daily living (hereinafter ADLs) means tasks routinely performed by a person to maintain bodily functions, including bed mobility, transfers, locomotion, dressing, eating, toileting, bathing and personal hygiene.

1.3 Adult means any person who has attained the age of nineteen (19) years or who is a legally emancipated minor ( 22 M.R.S.A. §8601) .

1.4Adult Day Health Services Program means an Adult Day Services Program, licensed by the Department of Health and Human Services, Division of Licensing and Certification, Community Services Programs, which provides health monitoring and personal care services in addition to a group program of care, therapeutic activities and supervision.

1.5Adult Day Services Program means a group program of care, therapeutic activities and supervision maintained or carried out on a regular basis by a person or persons in a private dwelling or other facility, for consideration, for any part of a day, for at least two (2) hours a day, for more than two (2) adults nineteen (19) years of age of older, who are not blood relatives and are coming to the facility for up to seven (7) days a week for the express purpose of participating in this program ( 22 M.R.S.A. §8601) .

1.6 Applicant means the person who owns the facility and is applying for a license, or the person who is applying for a license pursuant to a valid lease agreement, contract or other agreement with the owner of the building that delineates the roles and duties under these rules.

1.7 Conditional License means a license issued by the Department when an individual or agency fails to comply with applicable laws and rules and, in the judgment of the Commissioner or Commissioner's designee, the best interest of the public would be served by issuing a conditional license. The conditional license shall specify when and what corrections must be made during the term of the conditional license.

1.8 Consumer means a person participating in a licensed Adult Day Services Program, for a fee, who is at least nineteen (19) years of age and is not a blood relative of an Adult Day Services provider.

1.9Deficiency means a violation of State licensing regulations.

1.10Department means the Department of Health and Human Services, Division of Licensing and Certification, Community Services Programs, unless otherwise indicated.

1.11Divisionof Licensing and Certification, Community Services Programs, is the State agency responsible for licensing Adult Day Services Programs.

1.12Emergency means either those events that demonstrate a consumer has an urgent medical or psychological need, which requires immediate acute care treatment, poses imminent danger to other consumers or a natural disaster, which damages or interrupts vital services to consumers or the integrity of the physical plant.

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

1.14 Full License means a license issued for one year to a provider who fully complies with all applicable laws and regulations.

1.15Licensed Health Care Professional means health care providers, including physicians, registered professional nurses, licensed practical nurses, physician assistants, pharmacists, nurse practitioners, occupational therapists, speech pathologists, physical therapists, dietitians and social workers who have been authorized to practice a health care profession in accordance with Maine State law.

1.16Licensee means the person to whom a license is issued.

1.17Limited Assistance means that the consumer was highly involved in an ADL activity; received physical help in guided maneuvering of limbs, or other nonweight-bearing assistance three (3) plus times, or as just described plus weight-bearing support one (1) or two (2) times during the seven (7) days prior to the assessment date. This definition is derived from the current version of the Medical Eligibility Determination (MED) in use by the Department.

1.18Neglect means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs, or lack of protection from these threats.

1.19Night Program means an Adult Day Services Program delivered between the hours of five (5) PM and seven (7) AM to dementia consumers who are awake and participating in activities during some of those hours.

1.20Plan of Correction (hereinafter POC) means a section of the Statement of Deficiencies completed by the provider, detailing the plan to correct deficiencies and the completion dates for correcting the deficiencies.

1.21Provider means the person licensed to operate an Adult Day Services Program.

1.22Program Administrator means a person responsible for the development, coordination, supervision, fiscal management and evaluation of services provided at the Adult Day Services Program.

1.23Provisional License means a temporary license issued as an initial license for a term not to exceed twelve (12) months, unless the provider has not served any consumers within the most recent year of operation, at which time the license may be reissued for an additional twelve (12) months. A provisional license may be issued to a provider who has not previously operated the program for which the application is made or is licensed.

1.24Restraints means

1.24.1 Any device or other means, except mechanical supports used in normative situations to achieve proper body position and balance, that is intended to restrict freedom of movement or access to one's body, or

1.24.2 Any medication which alters cognition or behavior and which is used for discipline or convenience and is not required to treat medical symptoms.

1.25Social Adult Day Services Program means an Adult Day Services Program designed to meet the social and supervisory needs of participating adults.

1.26Staff Member means employees and volunteers who conform to the same standards and requirements as paid staff.

1.27Statement of Deficiencies(hereinafter SOD) means a document issued by the Department which describes an Adult Day Services Program's deficiencies in complying with these regulations.

1.28Submit means to deposit in the US mail, hand deliver, fax submission or electronic submission to the Department.

1.29Therapeutic Activities means restorative activities designed to maintain or improve the quality of one's life or delay deterioration of skills. Examples of therapeutic activities include gross motor activities, social activities, sensory enhancement activities, crafts, outdoor activities, spiritual activities and ADLs.

1.30Unlicensed Assistive Personnel means individuals employed to provide hands-on assistance with activities of daily living to individuals in homes, assisted living centers, residential care facilities, hospitals and other health care settings. Unlicensed assistive personnel does not include certified nursing assistants employed in their capacity as certified nursing assistants.

10-144 C.M.R. ch. 117, § 1