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Assisted Living/Nursing Homes

Brief information about how nursing facilities and assisted housing providers are licensed with links to the applicable rules

Nursing Facilities

A nursing home or nursing facility means a facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care, but who do require skilled nursing care and related medical services. The term "nursing home" or "nursing facility" is restricted to those facilities, the purpose of which is to provide skilled nursing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease or physical or mental infirmity and which provides a community service.

Read the rules pertaining to Nursing Facilities and Skilled Nursing Facilities.

Residential Care Facilities

"Residential care facility" means a house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted housing services or assisted living services. Residential care facilities provide housing and services to residents in private or semi-private bedrooms in buildings with common living areas and dining areas. "Residential care facility" does not include a nursing home licensed by the Department of Health and Human Services or a supported living arrangement certified by the former Department of Behavioral and Developmental Services, which is now part of the Department of Health and Human Services.

There are four (4) types of residential care facilities:

  • "Level I Residential Care Facility" means a facility with a licensed capacity of one (1) to two (2) residents.
  • "Level II Residential Care Facility" means a facility with a licensed capacity of three (3) to six (6) residents.
  • "Level III Residential Care Facility" means a facility with a licensed capacity of three (3) to six (6) residents and which employs three (3) or more persons who are not owners and are not related to the owner.
  • "Level IV Residential Care Facility" means a facility with a licensed capacity of more than six (6) residents.

The rules pertaining to Residential Care Facilities are available on the Secretary of State website. The files below require either Microsoft Word or the free Word Viewer.

A person, firm, corporation or association must obtain a written license from the Department of Human Services in order to operate a Residential Care Facility for more than two residents (Levels II, III or IV). A Residential Care Facility providing care to no more than 2 residents (Level I) is not required to obtain a license, unless the license is required for the Residential Care Facility to receive payment from available state funds. 22 M.R.S.A. § 7943

View a list of licensed Residential Care Facilities available in Maine.

Private Non-Medical Institutions

"Private Non-Medical Institution" means a house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted living services. Private non-medical institutions (PNMI) are a type of residential care facility that receives MaineCare funds and complies with additional requirements as specified in various sections of these rules. A PNMI provides housing and services to residents in private or semi-private bedrooms in buildings with common living areas and dining areas. It does not include licensed nursing homes, a supported living arrangement certified by the Department of Behavioral and Developmental Services, or a facility licensed as a residential care facility. Following are the types of private non-medical institutions:

  • "Level I" means a facility with a licensed capacity of one (1) to two (2) residents.
  • "Level II" means a facility with a licensed capacity of three (3) to six (6) residents.
  • "Level III" means a facility with a licensed capacity of three (3) to (6) residents and which employs three (3) or more persons who are not owners and are not related to the owner.
  • "Level IV" means a facility with a licensed capacity of more than six (6) residents.

The rules pertaining to Private Non-Medical Institutions are available at the following websites:

Assisted Living Program

"Assisted living program" means a program of assisted living services provided to residents in private apartments in buildings that include a common dining area. The assisted living program services are supplied either directly by the provider or indirectly through contracts with persons, entities or agencies.

"Assisted living services" means the provision of assisted housing services, assisted housing services with the addition of medication administration or assisted housing services with the addition of medication administration and nursing services.

A person, firm, corporation or association must obtain a written license from the Department of Health and Human Services prior to operating or managing an Assisted Living Program. 22 M.R.S.A. § 7943.

Related Links

Additional helpful state of Maine Websites for Nursing Facilities and Assisted Housing Programs