Terms Used In Maine Revised Statutes > Title 22 > Subtitle 6 > Chapter 1666-B - Intermediate Sanctions and Incentives for Improving the Quality of Care in Long-Term Care Facilities

• 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.
• Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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. See Maine Revised Statutes Title 22 Sec. 7942
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• 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
• 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.
• 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
• State 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
• 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.
• United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72