Maine Revised Statutes > Title 24-A > Chapter 73 – Continuing Care Retirement Communities
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Terms Used In Maine Revised Statutes > Title 24-A > Chapter 73 - Continuing Care Retirement Communities
- 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
- Acute pain: means pain that is the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus. See Maine Revised Statutes Title 22 Sec. 7246
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Arrest: Taking physical custody of a person by lawful authority.
- Authentication: means the process of verifying the identity and credentials of a person before authorizing access to prescription data. See Maine Revised Statutes Title 22 Sec. 7262
- Authorized: means the granting of access privileges to prescription data. See Maine Revised Statutes Title 22 Sec. 7262
- 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
- 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
- Bylaws: means those bylaws established by the interstate commission pursuant to section 7268 for its governance or for directing or controlling its actions and conduct. See Maine Revised Statutes Title 22 Sec. 7262
- 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
- Chronic pain: means pain that persists beyond the usual course of an acute disease or healing of an injury. See Maine Revised Statutes Title 22 Sec. 7246
- Client: means the person who is receiving the hospice services. See Maine Revised Statutes Title 22 Sec. 8621
- 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
- commission: means the Interstate Prescription Monitoring Program Commission created pursuant to section 7266. See Maine Revised Statutes Title 22 Sec. 7262
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Commissioner: means the voting representative appointed by each member state pursuant to section 7266. See Maine Revised Statutes Title 22 Sec. 7262
- 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.
- 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
- Continuing care agreement: means the contract or contracts which create the obligation to provide continuing care, including, but not limited to, mutually terminable contracts. See Maine Revised Statutes Title 24-A Sec. 6201
- Council: means the Maine Hospice Council established by section 8611. See Maine Revised Statutes Title 22 Sec. 8621
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 24-A Sec. 6201
- Direct service provider: means employees or volunteers who provide hospice services directly to a client. See Maine Revised Statutes Title 22 Sec. 8621
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispenser: means :
A. See Maine Revised Statutes Title 22 Sec. 7246division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 7701 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. 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 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 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 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. 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 Habeas 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. 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: 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 HIPAA: means the federal Health Insurance Portability and Accountability Act of 1996. See Maine Revised Statutes Title 22 Sec. 8702 Home health services: means those services performed by home health care providers required to be licensed under Title 22, chapter 419. See Maine Revised Statutes Title 24-A Sec. 6201 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 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 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Maintenance fee: means any fee which a subscriber is required to pay to the provider on a regular basis to cover the cost of shelter, health care or supportive services, or any combination thereof, provided to the subscriber. See Maine Revised Statutes Title 24-A Sec. 6201 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 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 Member state: means any state that has adopted a prescription monitoring program and has enacted the enabling compact legislation. See Maine Revised Statutes Title 22 Sec. 7262 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 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 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 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. Operational facility: means a facility for which the provider has obtained a final certificate of authority from the superintendent and 60% of the residential units are occupied by subscribers. See Maine Revised Statutes Title 24-A Sec. 6201 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. 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. 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 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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 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 Practitioner: means a person licensed, registered or otherwise permitted to prescribe or dispense a prescription drug. See Maine Revised Statutes Title 22 Sec. 7262 Preliminary marketing: means , for the purpose of evaluating market demand for a proposed facility:
A. See Maine Revised Statutes Title 24-A Sec. 6201Prepayment: means funding shelter, supportive services or health care entirely or in part by entrance fees or by maintenance fees paid more than one year prior to the time the shelter or service is rendered. See Maine Revised Statutes Title 24-A Sec. 6201 Prescriber: means a licensed health care professional with authority to prescribe controlled substances. See Maine Revised Statutes Title 22 Sec. 7246 Prescription data: means data transmitted by a prescription monitoring program that contains patient, prescriber, dispenser and prescription drug information. See Maine Revised Statutes Title 22 Sec. 7262 Prescription drug: means any drug required to be reported to a state prescription monitoring program and includes but is not limited to substances listed in the federal Controlled Substances Act. See Maine Revised Statutes Title 22 Sec. 7262 Prescription monitoring information: means information submitted to and maintained by the program. See Maine Revised Statutes Title 22 Sec. 7246 Prescription monitoring program: means a program that collects, manages, analyzes and provides prescription data under the auspices of a state. See Maine Revised Statutes Title 22 Sec. 7262 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 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 Protected health information: includes :
A. See Maine Revised Statutes Title 22 Sec. 8702Provider: 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 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 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. 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 Requestor: means a person authorized by a member state who has initiated a request for prescription data. See Maine Revised Statutes Title 22 Sec. 7262 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Residential unit: means an apartment, room or other area within a facility set aside for the exclusive and independent living use of one or more identified subscribers. See Maine Revised Statutes Title 24-A Sec. 6201 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 Rule: includes the amendment, repeal or suspension of an existing rule. See Maine Revised Statutes Title 22 Sec. 7262 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 22 Sec. 7262 Statute: A law passed by a legislature. Subscriber: means a purchaser or beneficiary of a continuing care agreement. See Maine Revised Statutes Title 24-A Sec. 6201 Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201 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 Technology infrastructure: means the design, deployment and use of both individual technology-based components and the systems of such components to facilitate the transmission of information and prescription data among member states. See Maine Revised Statutes Title 22 Sec. 7262 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 Testify: Answer questions in court. 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 Transmission: means the release, transfer, provision or disclosure of information or prescription data among member states. See Maine Revised Statutes Title 22 Sec. 7262 Trustee: A person or institution holding and administering property in trust. User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. 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