§7941. Policy It is the purpose of this chapter to authorize the Department of Health and Human Services to impose intermediate sanctions in order to improve the quality of care in long-term care facilities and to establish programs to reward long-term care facilities that provide the highest quality care. These intermediate sanctions will also provide […]
§7942. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 774, §4 (NEW).] 1. Department. “Department” means the Department of Health and Human Services. [PL 1987, c. 774, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] 2. Directed plan […]
§7943. Violations 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).] 2. Interference or false information. It shall […]
§7944. Intermediate sanctions 1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the residents of long-term care facilities as defined in […]
§7945. Incentives for high quality care By January 1, 1989, the department shall establish programs to reward long-term care facilities that provide the highest quality care to residents, including, but not limited to, programs of public recognition. [PL 1987, c. 774, §4 (NEW).] SECTION HISTORY PL 1987, c. 774, §4 (NEW).
§7946. Enforcement and appeal 1. Procedure. The department may impose any sanction in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the long-term care facility the opportunity for an administrative hearing, or file a complaint with the Superior Court requesting the imposition of any sanction authorized by this chapter. […]
§7947. Rules The department shall adopt rules for intermediate sanctions in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II. [PL 1987, c. 774, §4 (NEW).] SECTION HISTORY PL 1987, c. 774, §4 (NEW).
§7948. Right of action 1. Generally. Any resident whose rights have been violated as described in this section may commence a civil action in the Superior Court on that resident’s own behalf for injunctive and declaratory relief against any long-term care facility or provider of assisted living programs and services that is alleged to be […]
§7949. No limitation on right of action The remedies provided under section 7948 are in addition to those otherwise available under state or federal law and may not be construed as limiting any other remedies including any remedy available to an individual at common law. Exhaustion of any available administrative remedy is not required prior […]
