10-144-129 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 144-129-3 - ADMINISTRATION

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g. The agency's license has been revoked, not renewed, or voluntarily surrendered.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.

10-144 C.M.R. ch. 129, § 3