| | | Sec. 1. Adoption. Resolved: That final adoption of Chapter 113: | | Rules and Regulations Governing the Licensing and Functioning of | | Assisted Housing Programs, a provisionally adopted major | | substantive rule of the Department of Human Services, Bureau of | | Elder and Adult Services that has been submitted to the | | Legislature for review pursuant to the Maine Revised Statutes, | | Title 5, chapter 375, subchapter 2-A, is authorized provided the | | following changes are made in the rules for assisted living | | programs and residential care. |
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| | | 1. Rule 2.7, defining "applicant" for the rules for assisted | | living programs and the corresponding rules for residential care, | | must be changed to require that the lease agreement, contract or | | other agreement delineate the roles and duties under these rules. |
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| | | 2. Rule 2.8.2, defining "assisted living program" for the | | rules for assisted living programs and the corresponding rules | | for residential care, must be changed to specify the 2 levels of | | nursing services: services of a registered professional nurse; | | and registered professional nurse coordination and oversight. |
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| | | 3. Rule 2.12, defining "consumer" for assisted living | | programs only, must be adopted using the proposed definition of | | "resident" and the rules must be renumbered to run sequentially. |
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| | | 4. Rule 2.44, defining "resident" for assisted living | | programs only, must be changed to remove "or tenant." |
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| | | 5. Rule 3.4.4, on application and licensure, for assisted | | living programs and the corresponding rules for residential care | | must be changed to provide that the policy on admission and scope | | of services must describe the scope of nursing services. |
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| | | 6. Rule 3.22, on actions requiring prior written approval, | | must be changed to require prior approval only for common dining | | rooms and public bathrooms. |
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| | | 7. Rule 3.25.2, on signing a contract, for assisted living | | programs and the corresponding rules for residential care must be | | changed to delete all reference to the standard contract. |
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| | | 8. Rule 3.25.3, on provisions of contract, for assisted | | living programs and the corresponding rules for residential care | | must be changed to delete all reference to the standard contract. |
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| | | 9. Rule 5.12, on the right to confidentiality, for assisted | | living programs and the corresponding rules for residential care | | must be changed to allow access to confidential consumer | | information as authorized by any other applicable state or |
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