Maine Revised Statutes Title 22 Sec. 7943 – Violations
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1. License required. It is a violation of this chapter for a person to manage or operate a long-term care facility as defined in this chapter without first obtaining a license to manage or operate a long-term care facility.
[PL 1993, c. 661, §22 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7943
- Directed plan of correction: means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made. See Maine Revised Statutes Title 22 Sec. 7942
- 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
- Long-term care facility: means an assisted living facility or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 7942
- Person: means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit. See Maine Revised Statutes Title 22 Sec. 7942
- Plan of correction: means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. See Maine Revised Statutes Title 22 Sec. 7942
- Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 22 Sec. 7942
- Statement of deficiencies: means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules. See Maine Revised Statutes Title 22 Sec. 7942
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Interference or false information. It shall be a violation of this chapter for any person to impede or interfere with the enforcement of laws or rules governing the licensing of long-term care facilities, or for any person to give any false information in connection with the enforcement of laws or rules.
[PL 1987, c. 774, §4 (NEW).]
3. Correction of deficiencies. It shall be a violation of this chapter to:
A. Fail to submit a plan of correction within 10 working days after receipt of a statement of deficiencies; and [PL 1987, c. 774, §4 (NEW).]
B. Fail to take timely corrective action in accordance with a plan of correction or a directed plan of correction. Each failure to correct any deficiency may be considered a separate violation of this section. [PL 1987, c. 774, §4 (NEW).]
[PL 1987, c. 774, §4 (NEW).]
4. Protection of residents. Notwithstanding subsection 3, the following conduct is deemed to be a violation of this chapter without regard to whether a plan of correction or directed plan of correction is followed by a facility:
A. Failure to comply with state licensing laws or rules when this failure poses an immediate threat of death or substantial probability of serious mental or physical harm to a resident. Each failure to comply with any law or rule may be considered a separate violation of this section; and [PL 1987, c. 774, §4 (NEW).]
B. The occurrence of a repeated deficiency that poses a substantial risk to residents’ health or safety or infringes upon residents’ rights. For purposes of this section, a repeated deficiency is one that is found to exist in a long-term care facility during a current survey or investigation that has also been cited in a statement of deficiencies of that facility within the past 2 years. Each repeated deficiency may be considered a separate violation of this section. [PL 1987, c. 774, §4 (NEW).]
[PL 1987, c. 774, §4 (NEW).]
5. Compliance with federal requirements. It shall be a violation of this chapter for any long-term care facility subject to the provisions of United States Code, title 42, § 1919 to fail to comply with the requirements of Section 1919, Subsections (b), (c) or (d). Each failure to comply with a requirement of United States Code, title 42, § 1919, Subsections (b), (c) or (d) may be considered a separate violation of this section.
[PL 1987, c. 774, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 774, §4 (NEW). PL 1993, c. 661, §22 (AMD).