§ 22 §1717 — Licensing of personal care agencies

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Registration of personal care agencies.
2-A.
Licensing of personal care agencies.
Beginning July 1, 2024, an entity may not provide home care services without a personal care agency license issued by the department in accordance with this section. All application fees for a license under this section are nonrefundable and are due upon submission of the application.
2-B.
Licensing standards for personal care agencies.
The department shall adopt rules to establish standards and fees for the licensing of personal care agencies. The licensing standards must include, but are not limited to:
2-C.
Types of licenses; terms.
Pursuant to subsection 2‑A, the department may issue licenses to personal care agencies in accordance with this subsection. The department may issue:
2-D.
Licenses not assignable or transferable.
A personal care agency may not assign or transfer a license issued under subsection 2‑C. A license is immediately void if ownership or control of the personal care agency changes.
2-E.
Quality assurance and technical assistance for personal care agencies.
This subsection governs quality assurance and technical assistance for personal care agencies.
3.
Prohibited employment based on disqualifying offenses.
A personal care agency shall conduct a comprehensive background check for direct access personnel and immediate supervisors of direct access personnel in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and other applicable federal and state laws when hiring, employing or placing direct access personnel, including, but not limited to, a certified nursing assistant or a direct care worker, and immediate supervisors of direct access personnel.
3-A.
Verification of listing on the registry.
Prior to hiring a certified nursing assistant, a direct care worker or an immediate supervisor of a certified nursing assistant or direct care worker, a personal care agency shall check the Maine Registry of Certified Nursing Assistants and Direct Care Workers established pursuant to section 1812‑G and verify that the certified nursing assistant, direct care worker or immediate supervisor of a certified nursing assistant or direct care worker listed on the registry has no disqualifying notations.
4.
Penalties.
The following penalties apply to violations of this section.
5.
Injunctive relief.
Notwithstanding any other remedies provided by law, the Office of the Attorney General may seek an injunction to require compliance with the provisions of this section.
6.
Enforcement actions by the Office of the Attorney General.
The Office of the Attorney General may file a complaint with the District Court seeking civil penalties or injunctive relief or both for violations of this section.
7.
Jurisdiction.
The District Court has jurisdiction pursuant to Title 4, section 152 for violations of this section.
8.
Burden of proof.
The burden is on the department to prove, by a preponderance of the evidence, that the alleged violations of this section occurred.
9.
Right of entry.
This subsection governs the department's right of entry.
10.
Administrative inspection warrant.
This subsection governs administrative inspection warrants.
11.
Noninterference.
This subsection prohibits interfering with department investigations.
12.
Violation of injunction.
A person, firm, partnership, association, corporation or other entity that violates the terms of an injunction issued under this section shall pay to the State a fine of not less than $500 nor more than $10,000 for each violation. Each day of violation constitutes a separate offense. In any action brought by the Office of the Attorney General against a person, firm, partnership, association, corporation or other entity for violating the terms of an injunction under this section, the District Court may make the necessary orders or judgments regarding violation of the terms of the injunction.
13.
Suspension or revocation.
This subsection governs suspension or revocation of licenses for personal care agencies.
13-A.
Enforcement actions by the department.
This subsection governs the department's enforcement authority.
13-B.
Appeals.
This subsection governs appeals of certain department decisions.
14.
Rules.
The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
15.
Confidentiality of records.
This subsection governs confidentiality.

Legislative History

PL 1997, c. 716, §1 (NEW). PL 2003, c. 634, §§1,2 (AMD). PL 2003, c. 673, §NN1 (AMD). PL 2007, c. 324, §2 (AMD). PL 2011, c. 257, §1 (AMD). PL 2015, c. 196, §§1-7 (AMD). PL 2015, c. 299, §§1-7 (AMD). PL 2015, c. 494, Pt. A, §15 (AMD). PL 2023, c. 309, §§1-20 (AMD). PL 2025, c. 305, Pt. A, §1 (AMD).