Maine Revised Statutes > Title 24 > Chapter 21 – Maine Health Security Act
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Terms Used In Maine Revised Statutes > Title 24 > Chapter 21 - Maine Health Security Act
- Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
- Action for professional negligence: means any action for damages for injury or death against any health care provider, its agents or employees, or health care practitioner or the health care practitioner's agents or employees, whether based upon tort or breach of contract or otherwise, arising out of the provision or failure to provide health care services. See Maine Revised Statutes Title 24 Sec. 2502
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adverse professional competence review action: means an action based upon professional competence review activity to reduce, restrict, suspend, deny, revoke or fail to grant or renew a physician's or veterinarian's:
A. See Maine Revised Statutes Title 24 Sec. 2502Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503 Allegation: something that someone says happened. Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Board: means the Board of Licensure in Medicine, the Board of Dental Practice or the Board of Osteopathic Licensure. See Maine Revised Statutes Title 24 Sec. 2502 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: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503 Contract: A legal written agreement that becomes binding when signed. Cooperative affordable housing corporation: means a domestic corporation that is organized under or elects to be governed by the provisions of this subchapter. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative interest: means the ownership interest in a cooperative affordable housing corporation that is evidenced by a membership share. See Maine Revised Statutes Title 13 Sec. 1742 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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. 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: Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503 Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503 Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC Fraud: Intentional deception resulting in injury to another. Future damages: includes damages for future medical treatment, care or custody, loss of future earnings and loss of the economic value of services. See Maine Revised Statutes Title 24 Sec. 2951 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Health care entity: means :
A. See Maine Revised Statutes Title 24 Sec. 2502Health care practitioner: means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists, physicians' assistants and veterinarians. See Maine Revised Statutes Title 24 Sec. 2502 Health care provider: includes a veterinary hospital. See Maine Revised Statutes Title 24 Sec. 2502 Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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 Lender: includes , but is not limited to, the following institutional lenders whose policies and procedures are subject to governmental supervision:
A. See Maine Revised Statutes Title 13 Sec. 1742Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Member: means a person who owns a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. 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. Pawn transaction: means the lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker. See Maine Revised Statutes Title 30-A Sec. 3960 Pawnbroker: means a person who engages in pawn transactions. See Maine Revised Statutes Title 30-A Sec. 3960 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503 Personal property: All property that is not real property. Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503 Physician: means any natural person authorized by law to practice medicine, osteopathic medicine or veterinary medicine within this State. See Maine Revised Statutes Title 24 Sec. 2502 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503 Probate: Proving a will Professional competence committee: means any of the following when engaging in professional competence review activity:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review activity: means study, evaluation, investigation, recommendation or action, by or on behalf of a health care entity and carried out by a professional competence committee, necessary to:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review records: means the minutes, files, notes, records, reports, statements, memoranda, data bases, proceedings, findings and work product prepared at the request of or generated by a professional competence review committee relating to professional competence review activity. See Maine Revised Statutes Title 24 Sec. 2502 Professional negligence: means that:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional review committee: means a committee of health care practitioners formed by a professional society for the purpose of identifying and working with health professionals who are disabled or impaired by virtue of physical or mental infirmity or by the misuse of alcohol or drugs, as long as the committee operates pursuant to protocols approved by the various licensing boards that license the health professionals the committee serves. See Maine Revised Statutes Title 24 Sec. 2502 Professional society: means a state professional organization of physicians, surgeons or osteopathic physicians. See Maine Revised Statutes Title 24 Sec. 2502 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 residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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. Statute: A law passed by a legislature. 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. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Verdict: The decision of a petit jury or a judge. Written professional competence review process: means a process that is reduced to writing and includes: