Proposed Rules

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.

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.

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.

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.

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.

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.