Maine Revised Statutes Title 22 Sec. 7851 – Assisted housing facilities
Current as of: 2023 | Check for updates
|
Other versions
Assisted housing facilities are authorized under this chapter in the following settings and subject to the following standards and licensure requirements. [PL 2023, c. 176, §7 (AMD).]
1. Standards. Assisted housing facilities further the independence of the resident and respect the privacy and personal choices of the resident, including the choice to continue to reside at home for so long as the assisted housing facility, as it is fundamentally designed, is able to meet the needs of the resident. Assisted housing facilities provided to residents must be consumer oriented and meet professional standards of quality.
[PL 2023, c. 176, §7 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7851
- Assisted housing facility: means an assisted living facility, a residential care facility or an independent housing with services program. See Maine Revised Statutes Title 22 Sec. 7852
- Assisted living facility: means a house or other place that, for consideration, is maintained wholly or in part for the purpose of providing assisted living services to residents in private apartments in buildings that include a common dining area, either directly by the provider or indirectly through contracts with persons, entities or agencies. See Maine Revised Statutes Title 22 Sec. 7852
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- 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
- Resident: means any person 18 years of age or older who is not related by blood or marriage to the owner or person in charge of the facility or building in which the resident lives and who receives assisted housing services. See Maine Revised Statutes Title 22 Sec. 7852
- Residential care facility: means a house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted living services. See Maine Revised Statutes Title 22 Sec. 7852
2. Settings. Assisted housing facilities consist of the following settings:
A. Independent housing with services programs, as defined in section 7852, subsection 6; [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
B. Assisted living facilities, as defined in section 7852, subsection 4?A; or [PL 2023, c. 176, §7 (AMD).]
C. Residential care facilities, as defined in section 7852, subsection 14. [PL 2001, c. 596, Pt. A, §1 (NEW); PL 2001, c. 596, Pt. B, §25 (AFF).]
[PL 2023, c. 176, §7 (AMD).]
3. Licensure requirements. Licensure of assisted living facilities is governed by subsection 3?A and section 7801, subsection 1. Licensure of residential care facilities is governed by subsection 3?A and section 7801, subsections 1 and 3.
[PL 2023, c. 176, §7 (AMD).]
3-A. Multiple licenses; limitations. This subsection governs the department‘s issuance of multiple licenses to assisted living facilities and residential care facilities.
A. Except as provided in paragraph B, beginning October 1, 2023, the department may not issue more than one license at the same license level to an applicant for an assisted living facility license or a residential care facility license for services offered in the same location. [PL 2023, c. 176, §7 (NEW).]
B. The department may issue more than one license at the same license level to an applicant for an assisted living facility license or a residential care facility license that, on October 1, 2023, held more than one license at the same license level for services offered in the same location. [PL 2023, c. 176, §7 (NEW).]
The department shall adopt rules to define license levels for assisted living facilities and residential care facilities. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2023, c. 176, §7 (NEW).]
4. Prohibited employment based on disqualifying offenses. A licensed assisted housing facility shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A?2, in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812?G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including a certified nursing assistant or a direct care worker.
The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2023, c. 176, §7 (AMD).]
SECTION HISTORY
PL 2001, c. 596, §A1 (NEW). PL 2001, c. 596, §B25 (AFF). PL 2003, c. 634, §6 (AMD). PL 2015, c. 196, §14 (AMD). PL 2015, c. 299, §22 (AMD). PL 2015, c. 494, Pt. A, §25 (AMD). PL 2023, c. 176, §7 (AMD).