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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1621. GENERAL PROVISIONS
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Title 22 - §7301. Legislative intent
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7301. Legislative intent
1. Findings. The Legislature finds that:
A. In-home and community support services have not been sufficiently available to many adults with long-term care needs;
[1981, c. 511, § 1 (new).]
B. Many adults with long-term care needs are at risk of being or already have been placed in institutional settings, because
in-home and community support services or funds to pay for these services have not been available to them;
[1981, c. 511, § 1 (new).]
C. In some instances placement of adults with long-term care needs in institutional settings can result in emotional and social
problems for these adults and their families; and
[1981, c. 511, § 1 (new).]
D. For many adults with long-term care needs, it is less costly for the State to provide in-home and community support services
than it is to provide care in institutional settings.
[1981, c. 511, § 1 (new).]
[1981, c. 511, § 1 (new).]
2. Policy. The Legislature declares that it is the policy of this State:
A. To increase the availability of in-home and community support services for adults with long-term care needs;
[1981, c. 511, § 1 (new).]
B. That the priority recipients of in-home and community support services, pursuant to this subtitle, shall be the elderly
and disabled adults who are at the greatest risk of being, or who already have been, placed inappropriately in an institutional
setting; and
[1981, c. 511, § 1 (new).]
C. That a variety of agencies, facilities and individuals shall be encouraged to provide in-home and community support services.
[1981, c. 511, § 1 (new).]
[1981, c. 511, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7302. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7302. Definitions
As used in this subtitle, unless the context otherwise indicates, the following terms have the following meanings.
[1981, c. 511, §1 (new).]
1. Adults with long-term care needs. "Adults with long-term care needs" means adults who have physical or mental limitations which restrict their ability to carry
out activities of daily living and impede their ability to live independently, or who are at risk of being, or who already
have been, placed inappropriately in an institutional setting.
[1981, c. 511, §1 (new).]
2. Agreement. "Agreement" means a contract, grant or other method of payment.
[1981, c. 511, §1 (new).]
3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services.
[1981, c. 511, §1 (new); 2003, c. 689, Pt. B, §7 (rev).]
4. Department. "Department" means the Department of Health and Human Services.
[1981, c. 511, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]
5. In-home and community support services. "In-home and community support services" means health and social services and other assistance required to enable adults
with long-term care needs to remain in their places of residence. These services include, but are not limited to, medical
and diagnostic services; professional nursing; physical, occupational and speech therapy; dietary and nutrition services;
home health aide services; personal care assistance services; companion and attendant services; handyman, chore and homemaker
services; respite care; counseling services; transportation; small rent subsidies; various devices which lessen the effects
of disabilities; and other appropriate and necessary social services.
[1981, c. 511, §1 (new).]
6. Institutional settings. "Institutional settings" means residential care facilities, licensed pursuant to chapter 1664; intermediate care and skilled
nursing facilities and units and hospitals, licensed pursuant to chapter 405; and state institutions for individuals who are
mentally ill or mentally retarded or who have related conditions.
[2001, c. 596, Pt. B, §10 (amd); §25 (aff).]
7. Personal care assistance services. "Personal care assistance services" means services which are required by an adult with long-term care needs to achieve greater
physical independence, which may be consumer directed and which include, but are not limited to:
A. Routine bodily functions, such as bowel or bladder care;
[1981, c. 511, §1 (new).]
B. Dressing;
[1981, c. 511, §1 (new).]
C. Preparation and consumption of food;
[1981, c. 511, §1 (new).]
D. Moving in and out of bed;
[1981, c. 511, §1 (new).]
E. Routine bathing;
[1981, c. 511, §1 (new).]
F. Ambulation; and
[1981, c. 511, §1 (new).]
G. Any other similar activity of daily living.
[1981, c. 511, §1 (new).]
[1981, c. 511, §1 (new).]
8. Personal care assistant. "Personal care assistant" means an individual who has completed a training course of at least 40 hours, which includes,
but is not limited to, instruction in basic personal care procedures, such as those listed in subsection 7, first aid and
handling of emergencies; or an individual who meets competency requirements, as determined by the department or its designee.
Nothing in Title 32, chapter 31, may be interpreted to require that a personal care assistant be licensed under that chapter
or supervised by a person licensed under that chapter.
[1989, c. 332 (amd).]
9. Provider. "Provider" means any entity, agency, facility or individual who offers or plans to offer any in-home or community support
services.
[1981, c. 511, §1 (new).]
10. Severe disability. "Severe disability" means a disability which results in persons having severe, chronic physical, sensory or cognitive limitations
which restrict their ability to carry out the normal activities of daily living and to live independently.
[1987, c. 845, §1 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7303. Programs; rules
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7303. Programs; rules
1. Programs required. The department shall establish and administer, pursuant to this subtitle, programs of in-home and community support services
for adults with long-term care needs, by itself or in cooperation with the Federal Government.
An adult with long-term care needs, who applies for services under any such program, is entitled to receive the services,
provided that the department has determined that the adult is eligible and provided that sufficient funds are available pursuant
to this subtitle to pay for the services.
[1981, c. 511, § 1 (new).]
2. Rules. The department shall promulgate such rules, including rules that specify the criteria to be used in ranking proposals, as
may be necessary for the effective administration of any programs of in-home and community support services pursuant to this
subtitle, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. In the development of such rules,
the department shall consult with consumers, representatives of consumers or providers of in-home and community support services.
[1981, c. 511, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7304. Delivery of services
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7304. Delivery of services
1. Staff; providers. In order to provide in-home and community support services, the department may use its own staff and its designees and enter
into agreements with providers.
[1981, c. 511, § 1 (new).]
2. Agreement. Each agreement shall specify, among other things, the types of in-home and community support services to be provided, the
cost of the services, the method of payment and the criteria to be used for evaluating the provisions of services.
[1981, c. 511, § 1 (new).]
3. Proposals. The department shall solicit proposals from providers who would like to provide in-home and community support services, pursuant
to this subtitle. Providers shall submit proposals in such form and manner as may be required by the department. The department
shall select proposals according to rankings based on the criteria developed pursuant to section 7303, subsection 2.
[1981, c. 511, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7305. Funds
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7305. Funds
1. Federal and private funds. The department may apply for and use any federal or private funds and other support which become available to carry out any
program of in-home and community support services.
[1981, c. 511, §1 (new).]
2. Fee scale. The department shall develop, whenever practicable, sliding fee scales for in-home and community support services provided
pursuant to this subtitle.
[RR 1991, c. 2, §86 (cor).]
3. Vouchers. The department may, through the use of vouchers, make payments directly to adults with long-term care needs to enable them
to purchase in-home and community support services pursuant to this subtitle.
[1981, c. 511, §1 (new).]
4. Distribution. The department shall disburse funds, pursuant to this subtitle, in a manner that ensures, to the extent practicable, equitable
distribution of services among adults with long-term care needs and among the various regions of the State.
[1981, c. 511, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7306. Demonstration projects
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7306. Demonstration projects
The department may initiate demonstration projects to test new ways of providing in-home and community support services, including,
but not limited to, projects which test the ability of hospitals, skilled nursing facilities or intermediate care facilities
to provide these services.
[1981, c. 511, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7307. Relatives as providers
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7307. Relatives as providers
The department may not refuse to pay a relative of an adult with long-term care needs for the provision of in-home and community
support services or personal care assistance services if the relative is qualified to provide the service and the payment
is not prohibited by federal law or regulation.
[1989, c. 714 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7308. Respite Care Fund
Title 22: HEALTH AND WELFARE
Subtitle 5: IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ADULTS WITH LONG-TERM CARE NEEDS
Chapter 1621: GENERAL PROVISIONS
§7308. Respite Care Fund
The department shall administer the Respite Care Fund for the purpose of providing short-term respite care for persons with
Alzheimer's disease and other dementias. This respite care may include short-term in-home care, nursing or residential care
facility stays, hospital or adult day care or home modifications. The department also may use the fund to carry out the purposes
of the National Family Caregiver Support Program.
[2001, c. 487, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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