Maine Revised Statutes > Title 22 > Subtitle 6 – Facilities for Children and Adults
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Terms Used In Maine Revised Statutes > Title 22 > Subtitle 6 - Facilities for Children and Adults
- Activities of daily living: means tasks routinely performed by a person to maintain bodily functions, including bed mobility, transfers, locomotion, dressing, eating, toileting, bathing and personal hygiene. See Maine Revised Statutes Title 22 Sec. 7852
- Actuary: means a member of the American Academy of Actuaries who is also a member of the Society of Actuaries or the Casualty Actuarial Society and is qualified to sign a statement of actuarial opinion. See Maine Revised Statutes Title 24-A Sec. 6201
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjusted risk-based capital report: means a risk-based capital report that has been adjusted by the superintendent in accordance with section 6452, subsection 3. See Maine Revised Statutes Title 24-A Sec. 6451
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
- Adult day care program: means an adult day care program licensed pursuant to chapter 1663 or 1679. See Maine Revised Statutes Title 22 Sec. 9053
- adult day care program: means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. See Maine Revised Statutes Title 22 Sec. 8601
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means an agency, school, organization, facility or institution. See Maine Revised Statutes Title 20-A Sec. 7001
- Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
- Allegation: something that someone says happened.
- Alzheimer special care program: means a special program or secure, locked or segregated unit within one of the following entities for individuals with a diagnosis of probable Alzheimer's disease or a related disorder to prevent or limit access by an individual to areas outside the designated or separated program or area and that advertises, markets or otherwise promotes that entity as providing specialized Alzheimer or dementia care services:
A. See Maine Revised Statutes Title 22 Sec. 8551Ambulatory surgical facility: means a facility with the primary purpose of providing elective surgical care to a patient who is admitted to and discharged from the facility within the same day. See Maine Revised Statutes Title 22 Sec. 7932 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assisted housing facility: means an assisted living facility, a residential care facility or an independent housing with services program. See Maine Revised Statutes Title 22 Sec. 7852 Assisted housing program: means a program or facility licensed pursuant to chapter 1663 or an independent housing with services program exempt from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Assisted housing services: means the provision of housing, assistance with activities of daily living and instrumental activities of daily living, personal supervision, protection from environmental hazards, meals, diet care, care management, diversional or motivational activities, medication administration and nursing services. See Maine Revised Statutes Title 22 Sec. 7852 Assisted living facility: means a house or other place that, for consideration, is maintained wholly or in part for the purpose of providing assisted living services to residents in private apartments in buildings that include a common dining area, either directly by the provider or indirectly through contracts with persons, entities or agencies. See Maine Revised Statutes Title 22 Sec. 7852 Assisted living services: means the provision of assisted housing services by an assisted housing facility. See Maine Revised Statutes Title 22 Sec. 7852 Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authorized control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions; and [PL 1993, c. See Maine Revised Statutes Title 24-A Sec. 6451 Background check: means the collection of personally identifiable information, data and biometric identifiers for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053 Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053 Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 22 Sec. 9053 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bereavement services: means emotional support services related to the death of a family member, including, but not limited to, counseling, provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. See Maine Revised Statutes Title 22 Sec. 8621 Biometric identifier: means a unique and measurable biological, anatomical or physiological characteristic used for identification of an individual, including, but not limited to, fingerprints, retinal or iris scans and palm prints. See Maine Revised Statutes Title 22 Sec. 9053 Biosolids: means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage. See Maine Revised Statutes Title 7 Sec. 742 Birth admission: means the time after birth that the newborn remains in the hospital nursery prior to discharge. See Maine Revised Statutes Title 22 Sec. 8822 Board: means the Newborn Hearing Screening Advisory Board. See Maine Revised Statutes Title 22 Sec. 8822 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Board: means the Board of Directors of the Maine Health Data Organization established pursuant to section 8703. See Maine Revised Statutes Title 22 Sec. 8702 Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Maine Revised Statutes Title 7 Sec. 742 Brand name: means a word, name, symbol or device, or any combination thereof, that identifies the commercial feed of a distributor or registrant and distinguishes it from that of others. See Maine Revised Statutes Title 7 Sec. 712 Brand-name drug: means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. See Maine Revised Statutes Title 22 Sec. 8731 Bulk fertilizers: means commercial fertilizer distributed in a non-packaged form. See Maine Revised Statutes Title 7 Sec. 742 Bureau: means the Department of Public Safety, State Bureau of Identification. See Maine Revised Statutes Title 22 Sec. 9053 Care plan: means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. See Maine Revised Statutes Title 22 Sec. 8621 Carrier: means an insurance company licensed in accordance with Title 24?A, including a health maintenance organization, a multiple employer welfare arrangement licensed pursuant to Title 24?A, chapter 81, a preferred provider organization, a fraternal benefit society or a nonprofit hospital or medical service organization or health plan licensed pursuant to Title 24. See Maine Revised Statutes Title 22 Sec. 8702 Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001 Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802 Child care center: means :
(1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more children under 13 years of age; or
(2) Any location or locations operated as a single child care program or by a person or persons when there are more than 12 children being cared for. See Maine Revised Statutes Title 22 Sec. 8301-AChild care facility: means a child care center, small child care facility or nursery school. See Maine Revised Statutes Title 22 Sec. 8301-A child placing agency: means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day. See Maine Revised Statutes Title 22 Sec. 8201 Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501 Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 Child with a disability: means :
A. See Maine Revised Statutes Title 20-A Sec. 7001children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301?A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701 Client: means a person who receives services from a provider. See Maine Revised Statutes Title 34-B Sec. 13002 Client: means the person who is receiving the hospice services. See Maine Revised Statutes Title 22 Sec. 8621 Client: means a person who receives services from a home health agency, personal care agency, long-term care facility, general and specialty hospital, critical access hospital, ambulatory surgical facility, hospice agency or end-stage renal disease unit. See Maine Revised Statutes Title 22 Sec. 7932 Clinical data: includes but is not limited to the data required to be submitted by providers and payors pursuant to sections 8708 and 8711. See Maine Revised Statutes Title 22 Sec. 8702 Commercial feed: means all materials except unmixed seed, whole or processed, when not adulterated within the meaning of section 717, subsections 1 to 4 which are distributed for use as feed or for mixing in feed, provided that the commissioner by regulation may exempt from this definition, or from specific provisions of this Act, commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of section 717, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 712 Commercial fertilizer: means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. See Maine Revised Statutes Title 7 Sec. 742 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agent. See Maine Revised Statutes Title 7 Sec. 742 Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001 Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001 community well-being check program: means a voluntary program that involves daily, or regular, contact with a participant and, when contact cannot be established, sends first responders to the participant's residence to check on the participant's well-being. See Maine Revised Statutes Title 1 Sec. 402 Company action level risk-based capital: means , with respect to any insurer, the product of 2. See Maine Revised Statutes Title 24-A Sec. 6451 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contingent offer of employment: means an offer of employment as a direct access worker that is based upon receipt of a final nondisqualifying background check report and that may be withdrawn if a disqualifying final background check report is issued. See Maine Revised Statutes Title 22 Sec. 9053 Continuing care: means furnishing shelter for the life of the individual or for a period in excess of one year and either health care, supportive services, or both, under an agreement requiring prepayment as defined in subsection 12, whether or not the shelter and services are provided at the same location, to 3 or more older individuals not related by blood or marriage to the providers. See Maine Revised Statutes Title 24-A Sec. 6201 Contract: A legal written agreement that becomes binding when signed. Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007. See Maine Revised Statutes Title 19-A Sec. 2802 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001 Corrective order: means an order issued by the superintendent specifying corrective actions that the superintendent has determined are required. See Maine Revised Statutes Title 24-A Sec. 6451 Council: means the Maine Hospice Council established by section 8611. See Maine Revised Statutes Title 22 Sec. 8621 Counterclaim: A claim that a defendant makes against a plaintiff. Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001 Criminal charge without disposition: means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. See Maine Revised Statutes Title 22 Sec. 9053 Critical access hospital: means a hospital that must first be designated and approved by the State, as long as the State also has established an approved rural hospital flexibility program, and that meets the conditions in effect on March 1, 2004 for critical access hospital status under the federal Medicare program. See Maine Revised Statutes Title 22 Sec. 7932 Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser. See Maine Revised Statutes Title 7 Sec. 712 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 24-A Sec. 6201 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 7942 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001 Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Direct access worker: includes but is not limited to the following individuals:
A. See Maine Revised Statutes Title 22 Sec. 9053Direct service provider: means employees or volunteers who provide hospice services directly to a client. See Maine Revised Statutes Title 22 Sec. 8621 Directed plan of correction: means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made. See Maine Revised Statutes Title 22 Sec. 7942 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053 Distribute: means to offer for sale, sell, exchange or barter commercial feed; or to supply, furnish or otherwise provide commercial feed to a contract feeder. See Maine Revised Statutes Title 7 Sec. 712 Distribute: means to offer for sale, sell, barter or otherwise supply commercial fertilizers. See Maine Revised Statutes Title 7 Sec. 742 distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 712 distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 742 Division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 8752 division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 7701 Docket: A log containing brief entries of court proceedings. Domestic insurer: means any insurance company domiciled in this State. See Maine Revised Statutes Title 24-A Sec. 6451 Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body. See Maine Revised Statutes Title 7 Sec. 712 Drug product family: means a group of one or more prescription drugs that share a unique generic drug description and drug form. See Maine Revised Statutes Title 22 Sec. 8731 Drug treatment center: means a facility licensed pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 drug treatment center: as used in this subtitle , shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users. See Maine Revised Statutes Title 22 Sec. 8001 Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Maine Revised Statutes Title 19-A Sec. 2802 Earnable compensation: includes :
(1) Workers' compensation benefits;
(2) Maintenance, if any;
(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
(4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Emergency: means a situation, physical condition, financial condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to individuals served or funded by the department, including, but not limited to, imminent or actual abandonment of a facility or service. See Maine Revised Statutes Title 34-B Sec. 13002 Emergency: means a situation, physical condition or one or more practices, methods or operations which presents imminent danger of death or serious physical or mental harm to residents, including, but not limited to, imminent or actual abandonment of an occupied facility. See Maine Revised Statutes Title 22 Sec. 7932 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Employer: includes a provider, a temporary nurse agency and a personal care agency. See Maine Revised Statutes Title 22 Sec. 9053 employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 22 Sec. 9053 End-stage renal disease unit: means a facility that provides specialized services to assist individuals who have been diagnosed as having an irreversible and permanent kidney disease that requires dialysis or kidney transplantation to maintain life. See Maine Revised Statutes Title 22 Sec. 7932 Entrance fee: means an initial payment of a sum of money or any other consideration that assures a subscriber a place in a facility for a term of years or for life. See Maine Revised Statutes Title 24-A Sec. 6201 Escrow: Money given to a third party to be held for payment until certain conditions are met. Ex officio: Literally, by virtue of one's office. Executive session: A portion of the Senate's daily session in which it considers executive business. Executor: A male person named in a will to carry out the decedent facility: means a state institution as defined under Title 34-B, chapter 1 or a health care facility licensed by the division, except that it does not include a facility licensed as a nursing facility or licensed under chapter 1664. See Maine Revised Statutes Title 22 Sec. 8752 Facility: means any residential facility funded in whole or in part by the department but does not include hospitals licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002 Facility: means a physical plant in which continuing care is provided in accordance with this chapter. See Maine Revised Statutes Title 24-A Sec. 6201 facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701 Facility: means any assisted living facility, residential care facility or assisted housing facility subject to licensure pursuant to chapters 1663 and 1664, any nursing facility or unit subject to licensure pursuant to chapter 405 and any private psychiatric hospital subject to licensure pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 7932 Family: means a spouse, primary caregiver, biological relatives and individuals with close personal ties to the client. See Maine Revised Statutes Title 22 Sec. 8621 Family child care provider: means a person who provides day care in that person's home on a regular basis, for consideration, for 3 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. See Maine Revised Statutes Title 22 Sec. 8301-A Family foster home: includes the home of a resource family whether the family provides foster care, kinship care, adoption or permanency guardianship services, as long as the home meets the requirements and standards for adoption of children in foster care. See Maine Revised Statutes Title 22 Sec. 8101 federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Feed ingredient: means each of the constituent materials making up a commercial feed. See Maine Revised Statutes Title 7 Sec. 712 Fertilizer material: means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures. See Maine Revised Statutes Title 7 Sec. 742 Fiduciary: A trustee, executor, or administrator. Financial data: includes but is not limited to financial information required to be submitted pursuant to section 8709. See Maine Revised Statutes Title 22 Sec. 8702 Fiscal year: means the provider's fiscal year. See Maine Revised Statutes Title 24-A Sec. 6201 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Foreign insurer: means any insurance company that is authorized to do business in this State under section 404 but is not domiciled in this State. See Maine Revised Statutes Title 24-A Sec. 6451 Foreign support order: means a support order issued by a foreign tribunal. See Maine Revised Statutes Title 19-A Sec. 2802 Fraud: Intentional deception resulting in injury to another. General hospital: means an acute health care facility with permanent inpatient beds planned, organized, operated and maintained to offer on a continuous basis facilities and services for the diagnosis and treatment of illness, injury and deformity that has a governing board and an organized medical staff, offering a continuous 24-hour professional nursing care plan to provide continuous 24-hour emergency treatment and that includes the following services or organizational units:
A. See Maine Revised Statutes Title 22 Sec. 7932Generic drug: includes a biosimilar product. See Maine Revised Statutes Title 22 Sec. 8731 Governing body: means the entity that establishes policy and is legally responsible for the overall operation of a hospice program. See Maine Revised Statutes Title 22 Sec. 8621 Grade: means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. See Maine Revised Statutes Title 7 Sec. 742 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grandfathered employee: means an individual subject to the requirements of this chapter who has been employed prior to October 1, 2023, is subject to section 9058?A and has not previously submitted biometric identifier data for a background check under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
Total Nitrogen (N) . See Maine Revised Statutes Title 7 Sec. 742Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Habitual violation: means a violation of state or federal law that, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002 Habitual violation: means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 22 Sec. 7932 Health care: means the provision of any one or more of the following services:
A. See Maine Revised Statutes Title 24-A Sec. 6201Health care facility: includes a general and specialty hospital, an ambulatory surgical facility, an end-stage renal disease facility and an intermediate care facility for persons with intellectual disabilities or other developmental disabilities. See Maine Revised Statutes Title 22 Sec. 8752 Health care facility: means a public or private, proprietary or not-for-profit entity or institution providing health services, including, but not limited to, a radiological facility licensed under chapter 160, a health care facility licensed under chapter 405, an independent radiological service center, a federally qualified health center certified by the United States Department of Health and Human Services, Health Resources and Services Administration, a rural health clinic or rehabilitation agency certified or otherwise approved by the Division of Licensing and Regulatory Services within the Department of Health and Human Services, a home health care provider licensed under chapter 419, an assisted living facility or a residential care facility licensed under chapter 1663, a hospice provider licensed under chapter 1681, a state institution as defined under Title 34?B, chapter 1 and a mental health facility licensed under Title 34?B, chapter 1. See Maine Revised Statutes Title 22 Sec. 8702 Health care practitioner: has the meaning provided in Title 24, section 2502, subsection 1?A. See Maine Revised Statutes Title 22 Sec. 8702 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Hearing loss: means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and comprehension in one or both ears. See Maine Revised Statutes Title 22 Sec. 8822 HIPAA: means the federal Health Insurance Portability and Accountability Act of 1996. See Maine Revised Statutes Title 22 Sec. 8702 Home health care provider: means an entity licensed pursuant to chapter 419. See Maine Revised Statutes Title 22 Sec. 9053 home health care provider: includes any business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. See Maine Revised Statutes Title 22 Sec. 7932 Home-based manufacturer of pet food: means a person who manufactures 10 or fewer product names in that person's home and sells the products directly to consumers. See Maine Revised Statutes Title 7 Sec. 712 Hospice agency: means a public agency or private organization that is primarily engaged in providing specified services to terminally ill individuals and their families. See Maine Revised Statutes Title 22 Sec. 7932 Hospice philosophy: means a philosophy of palliative care for individuals and families during the process of dying and bereavement. See Maine Revised Statutes Title 22 Sec. 8621 Hospice provider: means an entity licensed pursuant to chapter 1681. See Maine Revised Statutes Title 22 Sec. 9053 hospice provider: means a distinct, clearly recognizable entity that exists to provide hospice services. See Maine Revised Statutes Title 22 Sec. 8621 Hospice services: means a range of interdisciplinary services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. See Maine Revised Statutes Title 22 Sec. 8621 Hospital: means an entity licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Immediate jeopardy: means a situation in which the provider's noncompliance with one or more conditions of participation in the federal Medicare program has caused, or is likely to cause, serious injury, harm or impairment to or death of a patient. See Maine Revised Statutes Title 22 Sec. 8752 Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. See Maine Revised Statutes Title 19-A Sec. 2802 Income-withholding order: means an order or other legal process directed to an obligor's employer, as provided by chapter 65, subchapter IV, to withhold support from the income of the obligor. See Maine Revised Statutes Title 19-A Sec. 2802 Independent housing with services program: means a program of supportive services provided to residents in private apartments who receive funds through a written agreement with the department's office of aging and disability services. See Maine Revised Statutes Title 22 Sec. 7852 Indian foster family home: means a foster home licensed, approved or specified by the Indian child's tribe where substitute parental care is provided for an Indian child as defined in the federal Indian Child Welfare Act of 1978, 25 United States Code § 1901, et seq. See Maine Revised Statutes Title 22 Sec. 8101 Individualized education program team: means the group of individuals composed in accordance with Part B of the federal Individuals with Disabilities Education Act, 20 United States Code § 1414(d)(1)(B) to determine the individualized education program for a child with a disability. See Maine Revised Statutes Title 20-A Sec. 7001 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Instrumental activities of daily living: includes , but is not limited to, preparing or receiving of a main meal, taking medication, using the telephone, handling finances, banking, shopping, routine housework, laundry and getting to appointments. See Maine Revised Statutes Title 22 Sec. 7852 interdisciplinary team: means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. See Maine Revised Statutes Title 22 Sec. 8621 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Intermediate care facility for individuals with intellectual disabilities: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Intermediate educational unit: means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code § 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. See Maine Revised Statutes Title 20-A Sec. 7001 Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or in the case of a bulk shipment the information shall accompany delivery. See Maine Revised Statutes Title 7 Sec. 712 Labeling: means all labels and other written, printed or graphic matter upon a commercial feed or any of its containers or wrapper, or accompanying such commercial feed. See Maine Revised Statutes Title 7 Sec. 712 Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislative subcommittee: means 3 or more Legislators from a legislative committee appointed for the purpose of conducting legislative business on behalf of the committee. See Maine Revised Statutes Title 1 Sec. 402 Licensee: means any person or any other legal entity, other than a receiver appointed under section 13003, who is licensed or required to be licensed to operate a facility or to provide services. See Maine Revised Statutes Title 34-B Sec. 13002 Licensee: means any person or any other legal entity, other than a receiver appointed under section 7933, who is licensed or required to be licensed to operate a facility. See Maine Revised Statutes Title 22 Sec. 7932 Life or health insurer: means any insurance company described in section 409, subsection 3 and authorized to do business in this State under section 410, or a licensed property and casualty insurer writing only accident and health insurance. See Maine Revised Statutes Title 24-A Sec. 6451 Life Safety Code: means the current edition of the National Fire Protection Association Life Safety Code 101. See Maine Revised Statutes Title 22 Sec. 7852 Likelihood of serious harm: means a:
A. See Maine Revised Statutes Title 34-A Sec. 1001Long-term care facility: means any facility program of assisted living licensed pursuant to chapters 1663 and 1664, and any nursing facility or unit licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 7922 Long-term care facility: means an assisted living facility or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 7942 Major permanent loss of function: means sensory, motor, physiological or intellectual impairment that was not present at the time of admission and requires continued treatment or imposes persistent major restrictions in activities of daily living. See Maine Revised Statutes Title 22 Sec. 8752 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Managed care organization: means an organization that manages and controls medical services, including but not limited to a health maintenance organization, a preferred provider organization, a competitive medical plan, a managed indemnity insurance program and a nonprofit hospital and medical service organization, licensed in the State. See Maine Revised Statutes Title 22 Sec. 8702 Mandatory control level risk-based capital: means the product of . See Maine Revised Statutes Title 24-A Sec. 6451 Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See Maine Revised Statutes Title 7 Sec. 712 Manufacturer: means an entity that manufactures or repackages, and sets the wholesale acquisition cost for, prescription drugs that are distributed in the State. See Maine Revised Statutes Title 22 Sec. 8731 Medical director: means a licensed physician who oversees the medical components of hospice services and serves on the interdisciplinary team. See Maine Revised Statutes Title 22 Sec. 8621 Medicare health plan sponsor: means a health insurance carrier or other private company authorized by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to administer Medicare Part C and Part D benefits under a health plan or prescription drug plan. See Maine Revised Statutes Title 22 Sec. 8702 Medicare or Medicaid beneficiary: means a person enrolled in the Medicare or Medicaid program. See Maine Revised Statutes Title 22 Sec. 9053 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Mental health services facility or provider: means a facility or agency licensed pursuant to Title 34?B, section 1203?A. See Maine Revised Statutes Title 22 Sec. 9053 Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101 Mixed fertilizers: means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Maine Revised Statutes Title 7 Sec. 742 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Multi-level health care facility: means a residential care facility and a nursing facility that are colocated on the same premises. See Maine Revised Statutes Title 22 Sec. 7852 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 Near miss: means an event or situation that did not produce patient injury, but only because of chance, which may include, but is not limited to, robustness of the patient or a fortuitous, timely intervention. See Maine Revised Statutes Title 22 Sec. 8752 Negative trend: means :
A. See Maine Revised Statutes Title 24-A Sec. 6451neglect: refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9. See Maine Revised Statutes Title 22 Sec. 7701 Noncriminal justice submitting entity: means the agency responsible for initiating requests under the rap back monitoring program pursuant to federal implementation guidance documents. See Maine Revised Statutes Title 22 Sec. 9053 Nonlicensed carrier: means a health insurance carrier that is not required to obtain a license in accordance with Title 24?A and pays health care claims on behalf of residents of this State. See Maine Revised Statutes Title 22 Sec. 8702 Nurse supervisor: means a licensed registered nurse with education, experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program. See Maine Revised Statutes Title 22 Sec. 8621 Nursery school: means a house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program that provides care for 3 or more children 33 months of age or older and under 8 years of age, provided that:
(1) No session conducted for the children is longer than 3 1/2 hours in length;
(2) No more than 2 sessions are conducted per day;
(3) Each child in attendance at the nursery school attends only one session per day; and
(4) No hot meal is served to the children. See Maine Revised Statutes Title 22 Sec. 8301-ANursing facility: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Nursing services: includes coordination and oversight of resident care services provided by unlicensed health care assistive personnel in assisted housing facilities. See Maine Revised Statutes Title 22 Sec. 7852 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101 Obligee: means :
A. See Maine Revised Statutes Title 19-A Sec. 2802Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101 Obligor: means an individual or the estate of a decedent:
A. See Maine Revised Statutes Title 19-A Sec. 2802Official sample: means a sample of feed taken by the commissioner or the commissioner's agent in accordance with section 720, subsections 3, 5 or 6. See Maine Revised Statutes Title 7 Sec. 712 Official sample: means any sample of commercial fertilizer taken by the commissioner. See Maine Revised Statutes Title 7 Sec. 742 Organization: means the Maine Health Data Organization established under this chapter. See Maine Revised Statutes Title 22 Sec. 8702 Outpatient services: means all therapeutic or diagnostic health care services rendered to a person who has not been admitted to a hospital as an inpatient. See Maine Revised Statutes Title 22 Sec. 8702 Oversight: Committee review of the activities of a Federal agency or program. Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 34-B Sec. 13002 Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 22 Sec. 7932 Packaged biosolids: means biosolids distributed in a sealed container provided by the distributor of the material. See Maine Revised Statutes Title 7 Sec. 742 Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child. See Maine Revised Statutes Title 22 Sec. 8822 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Payor: means a 3rd-party payor, 3rd-party administrator, Medicare health plan sponsor, pharmacy benefits manager or nonlicensed carrier. See Maine Revised Statutes Title 22 Sec. 8702 percentage: means the percentage by weight. See Maine Revised Statutes Title 7 Sec. 742 Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Person: includes individual, partnership, corporation and association. See Maine Revised Statutes Title 7 Sec. 712 Person: includes individual, partnership, association, firm and corporation. See Maine Revised Statutes Title 7 Sec. 742 Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity. See Maine Revised Statutes Title 19-A Sec. 2802 Person: means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit. See Maine Revised Statutes Title 22 Sec. 7942 Person who is culturally deaf: means a person with permanent hearing loss who identifies as a member of the deaf community and who utilizes American Sign Language as the primary mode of communication. See Maine Revised Statutes Title 22 Sec. 8822 Person with mental illness: means a person who has attained 18 years of age and has been diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health. See Maine Revised Statutes Title 34-A Sec. 1001 Personal care agency: means an entity licensed pursuant to section 1717, subsection 2?A. See Maine Revised Statutes Title 22 Sec. 9053 Personal care agency: means an organization or other entity licensed under section 1717. See Maine Revised Statutes Title 22 Sec. 7932 Personal property: All property that is not real property. Personally identifiable information: means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. See Maine Revised Statutes Title 22 Sec. 9053 Pet: means any domesticated animal normally maintained in or near the household of the owner thereof. See Maine Revised Statutes Title 7 Sec. 712 Pet food: means any commercial feed prepared and distributed for consumption by pets. See Maine Revised Statutes Title 7 Sec. 712 Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001 Plaintiff: The person who files the complaint in a civil lawsuit. Plan of correction: means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. See Maine Revised Statutes Title 22 Sec. 7942 Plan sponsor: means any person, other than an insurer, who establishes or maintains a plan covering residents of this State, including, but not limited to, plans established or maintained by 2 or more employers or jointly by one or more employers and one or more employee organizations or the association, committee, joint board of trustees or other similar group of representatives of the parties that establish or maintain the plan. See Maine Revised Statutes Title 22 Sec. 8702 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Portability: means the ability of a direct access worker to transfer the results of a background check eligibility determination and information from the rap back monitoring program to a new employer. See Maine Revised Statutes Title 22 Sec. 9053 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Prescription drug: means a drug, as defined in 21 United States Code § 321(g) or a biological product as defined in 42 United States Code § 262(i)(1) that:
A. See Maine Revised Statutes Title 22 Sec. 8731Pricing component data: means data unique to each manufacturer, wholesale drug distributor or pharmacy benefits manager subject to this subchapter that evidences the cost to each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers and the payments received by each manufacturer, wholesale drug distributor or pharmacy benefits manager to make a prescription drug available to consumers, taking into account any price concessions, and that is measured uniformly among the entities, as determined by rules adopted by the organization pursuant to section 8737. See Maine Revised Statutes Title 22 Sec. 8731 Pricing unit: means the smallest dispensable amount of a prescription drug that could be dispensed. See Maine Revised Statutes Title 22 Sec. 8731 Primary physician: means the physician identified by the client or by the person authorized to make decisions for the client pursuant to a durable health care power of attorney. See Maine Revised Statutes Title 22 Sec. 8621 Prison: means the Maine State Prison. See Maine Revised Statutes Title 34-A Sec. 1001 Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001 Private apartment: means a private dwelling unit with an individual bedroom, an individual bathroom and an individual food preparation area. See Maine Revised Statutes Title 22 Sec. 7852 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774 Product name: means the name of the commercial feed that identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name. See Maine Revised Statutes Title 7 Sec. 712 Program director: means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program. See Maine Revised Statutes Title 22 Sec. 8621 Property and casualty insurer: means any insurance company authorized to do business in this State under section 410 except a life or health insurer or single line mortgage guaranty insurer, financial guaranty insurer or title insurer. See Maine Revised Statutes Title 24-A Sec. 6451 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protected health information: includes :
A. See Maine Revised Statutes Title 22 Sec. 8702Protected individual: means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Provider: means a business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, engaged in providing services licensed or funded, in whole or in part, by the department but does not include a hospital licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002 Provider: means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. See Maine Revised Statutes Title 24-A Sec. 6201 Provider: means a licensed, license-exempt, certified or registered entity that employs direct access workers to provide long-term care and in-home and community-based services under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Provider: means a health care facility, health care practitioner, health product manufacturer or health product vendor but does not include a retail pharmacy. See Maine Revised Statutes Title 22 Sec. 8702 Public access officer: means the person designated pursuant to section 413, subsection 1. See Maine Revised Statutes Title 1 Sec. 402 Public assistance: means money payments and medical care furnished to or on behalf of dependent children by the State. See Maine Revised Statutes Title 19-A Sec. 2101 public proceedings: as used in this subchapter means the transactions of any functions affecting any or all citizens of the State by any of the following:
A. See Maine Revised Statutes Title 1 Sec. 402public records: means any written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business, except:
A. See Maine Revised Statutes Title 1 Sec. 402Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Quality data: means information on health care quality required to be submitted pursuant to section 8708?A. See Maine Revised Statutes Title 22 Sec. 8702 Quorum: The number of legislators that must be present to do business. Rap back monitoring program: means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056. See Maine Revised Statutes Title 22 Sec. 9053 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonable office hours: includes all regular office hours of an agency or official. See Maine Revised Statutes Title 1 Sec. 402 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 2802 Records: means the financial and other information and personnel data maintained by the provider for the proper operation of the facility pursuant to this chapter. See Maine Revised Statutes Title 24-A Sec. 6201 Register: means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Maine Revised Statutes Title 19-A Sec. 2802 Registrant: means the person who registers commercial fertilizer under this subchapter. See Maine Revised Statutes Title 7 Sec. 742 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 Regulatory action level risk-based capital: means the product of 1. See Maine Revised Statutes Title 24-A Sec. 6451 Related services: means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs. See Maine Revised Statutes Title 20-A Sec. 7001 reportable incident: means :
A. See Maine Revised Statutes Title 22 Sec. 7701Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Resident: means any person who lives in and receives services or care in a facility. See Maine Revised Statutes Title 34-B Sec. 13002 Resident: means any person 18 years of age or older who is not related by blood or marriage to the owner or person in charge of the facility or building in which the resident lives and who receives assisted housing services. See Maine Revised Statutes Title 22 Sec. 7852 Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 22 Sec. 7922 Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 22 Sec. 7932 Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 22 Sec. 7942 Residential care facility: means a residential care facility licensed or exempted from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 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 living services. See Maine Revised Statutes Title 22 Sec. 7852 Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 Responsible parent: means the parent of a dependent child. See Maine Revised Statutes Title 19-A Sec. 2101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restructuring data: means reports, charts and information required to be submitted pursuant to section 8710. See Maine Revised Statutes Title 22 Sec. 8702 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Risk-based capital instructions: means the risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Maine Revised Statutes Title 24-A Sec. 6451 Risk-based capital level: means an insurer's company action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital or mandatory control level risk-based capital where:
A. See Maine Revised Statutes Title 24-A Sec. 6451Risk-based capital plan: means a comprehensive financial plan containing the elements specified in section 6453, subsection 2. See Maine Revised Statutes Title 24-A Sec. 6451 Risk-based capital report: means the report required in section 6452. See Maine Revised Statutes Title 24-A Sec. 6451 Root cause analysis: means a structured process for identifying the causal or contributing factors underlying adverse events. See Maine Revised Statutes Title 22 Sec. 8752 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Sentinel event: means :
A. See Maine Revised Statutes Title 22 Sec. 8752Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Shelter for homeless children: means a facility designed to provide for the overnight lodging and supervision of children 10 years of age or older for no more than 90 consecutive overnights. See Maine Revised Statutes Title 22 Sec. 8101 shield: as used in this subchapter , shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this State, or a copy, picture or representation thereof. See Maine Revised Statutes Title 1 Sec. 252 Small child care facility: means a house or other place, not the residence of the operator, in which a person or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 3 to 12 children under 13 years of age. See Maine Revised Statutes Title 22 Sec. 8301-A Special education: means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:
A. See Maine Revised Statutes Title 20-A Sec. 7001special education program: is a full-time or part-time educational program designed to provide an equal educational opportunity to children with disabilities through the delivery of special education services by qualified individuals. See Maine Revised Statutes Title 20-A Sec. 7001 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. See Maine Revised Statutes Title 5 Sec. 17001State licensing rules: refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with intellectual disabilities and assisted living facilities or residential care facilities. See Maine Revised Statutes Title 22 Sec. 7942 Statement of deficiencies: means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules. See Maine Revised Statutes Title 22 Sec. 7942 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Subscriber: means a purchaser or beneficiary of a continuing care agreement. See Maine Revised Statutes Title 24-A Sec. 6201 Substance use disorder treatment agency: means an approved treatment facility or program licensed pursuant to Title 5, chapter 521. See Maine Revised Statutes Title 22 Sec. 9053 Substantial violation: means a violation of state or federal law that presents a reasonable likelihood of serious physical or mental harm to residents or clients. See Maine Revised Statutes Title 22 Sec. 7932 Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201 Supervision: means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. See Maine Revised Statutes Title 22 Sec. 9053 Support enforcement agency: means a public official or agency authorized to:
A. See Maine Revised Statutes Title 19-A Sec. 2802Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Supportive services: means providing assistance in the activities of daily living or other social services, or both. See Maine Revised Statutes Title 24-A Sec. 6201 Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001 Temporary nurse agency: means an agency registered pursuant to chapter 417 or an agency that places temporary health care professionals in direct access positions in the State that is not otherwise required to register in the State. See Maine Revised Statutes Title 22 Sec. 9053 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Terminally ill: means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director. See Maine Revised Statutes Title 22 Sec. 8621 terrorism: means conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure; [PL 2003, c. See Maine Revised Statutes Title 1 Sec. 402 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Third-party administrator: means any person who, on behalf of a plan sponsor, health care service plan, nonprofit hospital or medical service organization, health maintenance organization or insurer, receives or collects charges, contributions or premiums for, or adjusts or settles claims on, residents of this State. See Maine Revised Statutes Title 22 Sec. 8702 Third-party payor: means a health insurer, carrier, including a carrier that provides only administrative services for plan sponsors, nonprofit hospital, medical services organization or managed care organization licensed in the State. See Maine Revised Statutes Title 22 Sec. 8702 This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774 Ton: means a net weight of 2,000 pounds avoirdupois. See Maine Revised Statutes Title 7 Sec. 742 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Total adjusted capital: means the sum of:
A. See Maine Revised Statutes Title 24-A Sec. 6451Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 34-B Sec. 13002 Transfer trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 22 Sec. 7932 Transitional living program: means a children's home that provides board and care for up to 10 children and may provide one or more services described in section 4099-E. See Maine Revised Statutes Title 22 Sec. 8101 treatment: includes , but is not limited to, audiological, medical or early educational services that provide a choice of methods of communication in a variety of sensory modalities. See Maine Revised Statutes Title 22 Sec. 8822 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802 Under age: means under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Unpackaged biosolids: means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material. See Maine Revised Statutes Title 7 Sec. 742 Volunteer: means a trained individual who works for a hospice program without compensation. See Maine Revised Statutes Title 22 Sec. 8621 Volunteer hospice program: means a hospice program that provides all direct patient care at no charge. See Maine Revised Statutes Title 22 Sec. 8621 Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053 Wholesale acquisition cost: means a manufacturer's listed price for sale to a wholesale drug distributor or other entity that purchases a prescription drug directly from the manufacturer, not including any price concessions. See Maine Revised Statutes Title 22 Sec. 8731 Writ: A formal written command, issued from the court, requiring the performance of a specific act.