Maine Revised Statutes Title 22 Sec. 7801 – License or approval required
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. License required. Except as provided in subsection 3 or section 7805, a person, firm, corporation or association may not operate any of the following without having, subject to this Subtitle and to the rules adopted by the department under this Subtitle, a written license from the department:
A. A residential care facility; [PL 1993, c. 661, §2 (AMD).]
A-1. In accordance with subparagraphs (1) and (2), an assisted housing facility either directly or by contract providing to its residents any of the following services: personal care assistance, the administration of medication or nursing services.
(1) An assisted housing facility may directly provide to its residents meals, housekeeping and chore assistance, case management and personal care assistance delivered on the site of congregate housing without obtaining a separate license to do so.
(2) An assisted housing facility licensee may hold at any one time only one license under this subsection. A qualified assisted housing facility may obtain a license for a different category under this subsection, upon application and surrender of the previous license; [PL 2023, c. 176, §4 (AMD).]
B. A drug treatment center; [PL 1983, c. 386, §1 (RPR).]
C. A children‘s home; [PL 1983, c. 386, §1 (RPR).]
D. A child placing agency; [PL 1983, c. 386, §1 (RPR).]
F. [PL 2001, c. 645, §4 (RP).]
G. An adult day care program; or [PL 2021, c. 35, §12 (AMD).]
H. A family child care provider licensed under section 8301?A, subsection 3. [PL 2021, c. 35, §13 (NEW).]
[PL 2023, c. 176, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7801
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- adult day care program: means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. See Maine Revised Statutes Title 22 Sec. 8601
- child placing agency: means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day. See Maine Revised Statutes Title 22 Sec. 8201
- children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301?A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- drug treatment center: as used in this subtitle , shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users. See Maine Revised Statutes Title 22 Sec. 8001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701
- Under age: means under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
2. Approval.
[PL 1985, c. 770, §4 (RP).]
3. Residential care facilities. A residential care facility providing care to no more than 2 residents is not required to obtain a license under subsection 1, unless the license is required for the residential care facilities to receive payment from available state funds, including the State’s share of MaineCare reimbursements. The department may issue 2-year licenses and conduct modified surveys for compliance of those facilities as long as the facilities have relatively deficiency-free surveys with no history of health or safety violations.
[PL 2023, c. 89, §2 (AMD).]
3-A. Residential care facilities serving adults with certain conditions. This subsection applies to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, as defined in Title 34?B, section 6002, subsection 1, a related condition, as defined in Title 34?B, section 5001, subsection 5?A, or an acquired brain injury.
A. A residential care facility to which this subsection applies must obtain a license as provided by Title 34?B, section 1203?B. [PL 2023, c. 89, §3 (NEW).]
B. (TEXT EFFECTIVE UNTIL 7/1/26) (TEXT REPEALED 7/1/26) A license issued under this chapter before July 1, 2024 to a residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury continues in effect until the license’s expiration date, unless subject to the disciplinary authority of the department. [PL 2023, c. 89, §3 (NEW).]
This paragraph is repealed July 1, 2026. [PL 2023, c. 89, §3 (NEW).]
[PL 2023, c. 89, §3 (NEW).]
4. Boarding homes.
[PL 1993, c. 661, §4 (RP).]
5. Residents under age of 18 years. Notwithstanding any age requirement, a person who is 17 years of age or older may be a resident in an adult foster home or boarding home without the home being required to be licensed as a children’s home under chapter 1669 if the department determines that such a placement is in the best interests of that person.
[PL 1989, c. 355, §1 (NEW).]
6. National accreditation. A person, firm, corporation or association operating a program or facility described under subsection 1 that receives and maintains accreditation from a national accrediting body approved by the department may be determined by the department to be in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this subsection in response to a complaint against the program or facility.
[PL 2021, c. 532, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 719, §6 (NEW). PL 1983, c. 386, §1 (RPR). PL 1985, c. 770, §4 (AMD). PL 1987, c. 389, §§2-4 (AMD). PL 1989, c. 355, §1 (AMD). PL 1993, c. 661, §§2-4 (AMD). PL 1995, c. 670, §B5 (AMD). PL 1995, c. 670, §D5 (AFF). PL 1999, c. 392, §2 (AMD). RR 2001, c. 2, §A36 (COR). PL 2001, c. 596, §B12 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2001, c. 645, §§3,4 (AMD). PL 2011, c. 145, §2 (AMD). PL 2021, c. 35, §§11-13 (AMD). PL 2021, c. 532, §1 (AMD). PL 2023, c. 89, §§2, 3 (AMD). PL 2023, c. 176, §4 (AMD).