Rulemaking

Adopted Rules

Adopted rules replace former rules on the date they take effect. Adopted rules are promulgated at the conclusion of the rulemaking process established by the Maine Administrative Procedure Act.

Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities, 10-144 CMR Ch. 110

10-144 CMR Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities | Comments and Responses 10-144 Ch 110 Nursing Facilities 7-8-20     

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Posted: August 5, 2020

Certified Nursing Assistant and Direct Care Worker Registry Rule, 10-144 CMR Ch. 128

Certified Nursing Assistant and Direct Care Worker Registry Rule, 10-144 CMR Ch. 128 | Summary of Comments, 10-144 CMR Ch. 128     

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Posted: May 23, 2019

Maine Background Check Center Rule, 10-144 C.M.R., Ch. 60

Maine Background Check Center Rule, 10-144 CMR Ch. 60 | Summary of Comments, 10-144 CMR Ch 60     

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Posted: October 17, 2018

Adopted Rules Governing the Certification Program for Primary Care Tax Credit (10-144 C.M.R. Chapter 298)

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Posted: May 17, 2016

Adopted Sentinel Events Rule

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Posted: November 12, 2014

Rules governing the Maine Medical Use of Marijuana Program, 10-144 CMR Chapter 122

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Posted: September 16, 2013

Emergency Rules

Emergency rules are subject to the filing requirement of 5 MRSA sec. 8056, may be effective for 90 days or less and must include a statement of findings of the adopting agency describing the emergency. These findings are subject to judicial review to insure that this exception to the APA is used only for actual emergencies (5 MRSA sec. 8054 sub-sec. 2).

Emergency Rulemaking 10-144 CMR Ch 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities, Chapter 21: Infection Control and Biomedical Waste; Effective Date: 4/28/20

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Concise Summary:

This emergency rulemaking institutes measures, effective immediately, to improve nursing home infection control, surveillance, and infection mitigation, and to require facility crisis staffing plans in response to the increased spread of the 2019 Novel Coronavirus (COVID-19) in Maine's skilled nursing and nursing facilities. Pursuant to 5 M.R.S. Sections 8054, this emergency rule amends 10-144 Chapter 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities, chapter 21, Section A, Infection Control. Pursuant to 5 M.R.S. Section 8054, the Department has determined that immediate adoption of this rule is necessary to avoid a potentially severe and immediate threat to public health, safety, or general welfare. The Department's findings of emergency are set forth in detail in the Emergency Basis Statement. Maine is facing a substantial public health threat posed by the global spread of the 2019 Novel Coronavirus (COVID-19). This emergency rule change will take effect upon adoption and will be in effect for up to 90 days pursuant to 5 M.R.S. 8054.

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Proposed Rules

Proposed rules amend current licensing rules.

Regulations Governing the Licensing and Functioning of Assisted Housing Programs

10-144 CMR Ch 113 Regulations Governing the Licensing and Functioning of Assisted Housing Programs | 10-144 CMR Ch 113 Fact Sheet     

Concise Summary:

This major substantive rulemaking institutes measures to improve and clarify infection surveillance, control, mitigation, and crisis staffing planning in Maine's assisted housing facilities, including assisted living, residential care facilities, and private non-medical institutions. This rulemaking revises 10-144 CMR Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs, which is published in nine parts, by adding a new part. The provisions related to Infection Prevention and Control will apply to all types of Assisted Housing Programs subject to licensure under 22 MRS 7801. These provisions are consistent with State and Federal Center for Disease Control guidance, in response to the increased spread of the 2019 Novel Coronavirus (COVID-19) and will help to mitigate any future outbreaks of novel contagious illnesses. In compliance with 22 M.R.S. 7853(1), the Department developed this rule in consultation with the Long-Term Care Ombudsman Program (LTCOP). On June 25, 2020, the Department submitted draft rules to Brenda Gallant, Executive Director of the LTCOP, for her review and input. Department staff and LTCOP Executive Director Gallant and staff discussed the rulemaking on or about June 26, 2020, at which time Executive Director Gallant expressed no concerns regarding the draft rule. The Department, through OADS, has requested federal CARES Act Covid Relief Funding (CRF) to hire an infection control consultant, who will work with facilities to help them develop an Infection control consultant, who will work with facilities to help them develop an Infection Control and Prevention plan, which will be required by this rule. The Department received approval for the Covid Relief Funding at the end of September, 2020. The Department anticipates that the facilities plan development/infection control consultation costs will be defrayed though the CRF. The rule provides a requirement for PPE and supplies, but these measures should have been in place in the facilities in response to the Covid pandemic. This is a major substantive rulemaking, and this new rule will be provisionally adopted following public comment and review by the Office of the Attorney General. The provisionally adopted rule will not become effective until after Legislative review and approval.

Submit Comments (Opens in new window) - Comment Deadline: 11/22/20 | Posted: October 21, 2020

10-144 CMR Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities

10-144 CMR Ch 110 Notice of Agency Rule making (Word) | 10-144 CMR Ch 110 Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities (Word)     

Concise Summary:

This rulemaking permanently adopts measures to improve nursing home infection control, surveillance, and infection mitigation; and to improve facilities' crisis staffing plans in response to any future pandemic in Maine's skilled nursing and nursing facilities. The proposed rule includes and amends provisions adopted by the emergency rulemaking effective April 28, 2020. This rulemaking also expands the staff allowed at nursing facilities to allow Personal Support Specialists and corrects one provision (10.D.1) to align with federal regulations. This proposed rule merges the current published version consisting of 29 separate documents into one document, removes expired effective dates, and adopts format changes to align with current standards.

Comment deadline past Comment Deadline: June 26, 2020 | Posted: May 27, 2020

Certified Nursing Assistant and Direct Care Worker Registry Rule, 10-144 CMR Ch. 128

Certified Nursing Assistant and Direct Care Worker Registry Rule, 10-144 CMR Ch. 128 | 10-144 CMR Ch 128 CNA and DCW Notice of Rulemaking     

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This rule governs the use and operation of the Certified Nursing Assistant and Direct Care Worker Registry. The Registry provides a resource for employers to verify that an individual is eligible for employment as a Certified Nursing Assistant, and also identifies individuals who are ineligible for employment as a Direct Care Worker due to criminal convictions or substantiated complaints of abuse, neglect or misappropriation of property.

This rulemaking repeals and replaces the current rule, "Rules Governing the Maine Registry of Certified Nursing Assistants", due to the statutory requirements of 22 MRS §1812-G.

Comment deadline past Comment Deadline: January 19, 2019 | Posted: December 19, 2018

Maine Background Check Center Rule, 10-144 C.M.R., Ch. 60

Proposed Rule 10-144 CMR Ch 60 | Notice of Rulemaking 10-144 CMR Ch 60     

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The proposed rule is intended to comply with the Maine Background Check Center Act ("the Act") passed in 2015. This proposed rule would govern the use and operation of the Maine Background Check Center which operates an Internet-based system that specific employers must use to access criminal records and other background information. These employers must use these background checks to determine the eligibility of individuals to work in direct access positions serving vulnerable Mainers, including children, the elderly, dependent adults, and persons with disabilities.

Comment deadline past Comment Deadline: June 10, 2018 | Posted: May 1, 2018

Rules for Hospital Financial Assistance Policies Governing Free Hospital Services (former "Free Care Guidelines"), 10-144 C.M.R. Ch. 150

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This proposed rule aligns rules governing eligibility for free hospital services and the federal Affordable Care Act (ACA). Individuals at or below 100% of the federal poverty level (FPL) may be financially eligible for free hospital services. Hospitals must calculate financial eligibility using the "Modified Adjusted Gross Income" (MAGI) methodology set out in the MaineCare Eligibility Manual, including Part 17.5, as required by the ACA. Currently, eligibility for free hospital services is based on income at or below 150% FPL. Public Hearing: May 10, 2016 at 9:00 am at Room 16, Key Bank Plaza, 286 Water Street, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing to please contact Tera Pare by telephone at (207) 287-5680 or by email at tera.pare@maine.gov. Rule Contact Person: Tera Pare, Manager of Regulations and Enforcement, Administration-Operations, Policy and Compliance, Maine CDC, 11 SHS, 286 Water Street, 8th Floor, Augusta, ME 04333-0011, (207) 287-5680, tera.pare@maine.gov.

Comment deadline past Comment Deadline: May 23, 2016 | Posted: April 21, 2016

Rules Governing the Certification Program For Primary Care Tax Credit, 10-144 C.M.R. Ch. 298 (New)

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The proposed rule implements a certification program administered by the Department of Health and Human Services in coordination with Maine Revenue Services. Up to 5 eligible primary care professionals will be certified annually by DHHS to receive an income tax credit while the program is in effect. Eligible primary care professionals must have outstanding student loans and make a commitment to practice full time for 5 years in an underserved area of Maine. The rule includes definitions, eligibility requirements, the application and selection process, as well as department monitoring, self-reporting and compliance requirements. The intent of the state income tax credit certification program is to provide an incentive to recruit and retain primary care professionals to practice in areas of Maine with an identified shortage of primary health care professionals. The income tax credit program is funded for 5 years.

Comment deadline past Comment Deadline: February 12, 2016 | Posted: January 14, 2016