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).]

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Terms Used In Maine Revised Statutes Title 22 Sec. 7943

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).