Maine Revised Statutes Title 24-A Sec. 6205 – Suspension or revocation of certificate of authority
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1. Complaint to District Court. The superintendent may file a complaint with the District Court seeking the suspension or revocation of any certificate of authority issued to a provider under this chapter if the superintendent finds, or the department certifies, that any of the following conditions exist:
A. The provider is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in and reasonably inferred from any other information submitted under this chapter, unless amendments to those submissions have been filed with and approved by the superintendent; [PL 1987, c. 482, §1 (NEW).]
B. The provider charges an entrance fee, maintenance fee or other amount not consistent with the continuing care contract approved pursuant to section 6206; [PL 1987, c. 482, §1 (NEW).]
C. The department certifies to the superintendent that the provider is unable to fulfill its obligations to furnish shelter, health care or supportive services; [PL 1987, c. 482, §1 (NEW).]
D. The provider is no longer financially responsible and may not reasonably be expected to meet its obligations to subscribers or prospective subscribers; [PL 1987, c. 482, §1 (NEW).]
E. The provider has failed to implement a mechanism affording the subscribers an opportunity to participate in matters of policy and operation; [PL 1989, c. 502, Pt. A, §100 (AMD).]
F. The provider has failed to implement the complaint system in a manner to reasonably resolve valid complaints; [PL 1987, c. 482, §1 (NEW).]
G. The provider or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner; [PL 1987, c. 482, §1 (NEW).]
H. The continued operation of the provider will be hazardous to its subscribers; [PL 1987, c. 482, §1 (NEW).]
I. The provider has submitted false financial statements, organizational statements or documents; or [PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §17 (AMD); PL 1989, c. 343, §23 (AFF).]
J. The provider has otherwise failed to substantially comply with this chapter or any rules issued by the superintendent or the department pursuant to this chapter. [PL 1987, c. 482, §1 (NEW); PL 1989, c. 343, §17 (AMD); PL 1989, c. 343, §23 (AFF).]
K. [PL 1989, c. 343, §18 (NEW); PL 1989, c. 343, §23 (RP).]
[RR 2021, c. 1, Pt. B, §393 (COR).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 6205
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuing care: means furnishing shelter for the life of the individual or for a period in excess of one year and either health care, supportive services, or both, under an agreement requiring prepayment as defined in subsection 12, whether or not the shelter and services are provided at the same location, to 3 or more older individuals not related by blood or marriage to the providers. See Maine Revised Statutes Title 24-A Sec. 6201
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 24-A Sec. 6201
- Entrance fee: means an initial payment of a sum of money or any other consideration that assures a subscriber a place in a facility for a term of years or for life. See Maine Revised Statutes Title 24-A Sec. 6201
- Health care: means the provision of any one or more of the following services:
A. See Maine Revised Statutes Title 24-A Sec. 6201Maintenance fee: means any fee which a subscriber is required to pay to the provider on a regular basis to cover the cost of shelter, health care or supportive services, or any combination thereof, provided to the subscriber. See Maine Revised Statutes Title 24-A Sec. 6201 Provider: means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. See Maine Revised Statutes Title 24-A Sec. 6201 Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201 Supportive services: means providing assistance in the activities of daily living or other social services, or both. See Maine Revised Statutes Title 24-A Sec. 6201
2. Governing procedure. The proceedings governing the appeal of a revocation or suspension shall be conducted in accordance with the requirements of the Maine Administrative Procedure Act, Title 5, chapter 375.
[PL 1987, c. 482, §1 (NEW).]
3. Suspension. When the certificate of authority of a provider is suspended, the provider shall not, during the period of that suspension, enroll any additional subscribers and shall not engage in any advertising or solicitation.
[PL 1987, c. 482, §1 (NEW).]
4. Revocation. When the certificate of authority of a provider is revoked, that organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business, except as may be essential to the orderly conclusion of the affairs of that organization. It shall engage in no further advertising or solicitation.
[PL 1987, c. 482, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 482, §1 (NEW). PL 1989, c. 343, §§17,18,23 (AMD). PL 1989, c. 502, §A100 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). RR 2021, c. 1, Pt. B, §393 (COR).