Notwithstanding any provision of section 1817 to the contrary, the following provisions apply to the licensing of intermediate care facilities for persons with intellectual disabilities.
1.Definitions.
For the purposes of this section, the following terms having the following meanings.
2.License required.
The operation of an intermediate care facility for individuals with intellectual disabilities requires a license issued by the department in accordance with this section.
3.Licenses generally.
The department is authorized to issue a license to an ICF/IID that, after inspection, is found to comply with this section and any rules adopted by the department. The following general terms apply to all types of licenses issued under this section:
4.Provisional license.
A provisional license m
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Notwithstanding any provision of section 1817 to the contrary, the following provisions apply to the licensing of intermediate care facilities for persons with intellectual disabilities.
1.
Definitions.
For the purposes of this section, the following terms having the following meanings.
2.
License required.
The operation of an intermediate care facility for individuals with intellectual disabilities requires a license issued by the department in accordance with this section.
3.
Licenses generally.
The department is authorized to issue a license to an ICF/IID that, after inspection, is found to comply with this section and any rules adopted by the department. The following general terms apply to all types of licenses issued under this section:
4.
Provisional license.
A provisional license may be issued for a period of at least 3 months and not more than 12 months if, in the department's judgment, the applicant:
5.
Full license.
The department may issue a full license to, or renew a full license for, an ICF/IID that the department determines has complied with all applicable laws and rules. The term of a full license may not exceed 2 years.
6.
Conditional license.
The department may issue a conditional license to an ICF/IID applying for an initial license, or renewing a full license, if the applicant has failed to comply with applicable laws and rules or, in the judgment of the department, the best interests of the public would be served by issuance of a conditional license. Conditional licenses issued under this subsection are further governed by the following provisions:
7.
Licensing fees; application fees.
The department may charge a licensing fee that is no less than $200 per year and no more than $1,000 per year. The department may establish an application fee for any license issued under this section. An application fee established by the department must be nonrefundable and must be due upon submission of the application for licensure.
8.
Right of entry and inspection of ICF/IID.
The department and any duly designated officer or employee of the department has the right to enter the premises of an ICF/IID licensed under this section at any reasonable time in order to determine whether the ICF/IID is complying with this section and any rules adopted pursuant to this section.
9.
Inspections.
ICF/IIDs must be periodically inspected by the department for compliance with this section and the rules adopted by the department pursuant to this section. An inspection for purposes of maintaining state licensure may be done concurrently with a survey to ensure that the ICF/IID meets the requirements for certification as an ICF/IID in federal Medicare and state Medicaid programs. The department must also inspect ICF/IIDs in response to complaints of suspected violations of rules adopted under this section, or suspected violations of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services' conditions of participation.
10.
Shared staffing.
The department shall permit staff in an ICF/IID nursing facility to be shared with an ICF/IID group facility as long as there is a clear, documented audit trail and the staffing in the ICF/IID nursing facility remains adequate to meet the needs of clients. Staffing to be shared may be based on the average number of hours of coverage used per week or per month within the ICF/IID group facility. The department may suspend the facilities' ability to share staffing under this subsection if the most recent survey for either classification of ICF/IID indicates deficiencies that are related to client care and that arise from the sharing of staff.
11.
Notice of voluntary closure.
Any person, including a county or local governmental unit, that is conducting, managing or operating an ICF/IID and that is properly licensed in accordance with this section shall give:
12.
Intermediate sanctions.
In addition to the actions authorized in subsections 13 and 14, the department may impose intermediate sanctions to improve the quality of care in ICF/IIDs.
13.
Amend, modify or refuse to renew license.
In respect to any license issued under this section, the department may amend, modify or refuse to renew a license by initiating proceedings consistent with the Maine Administrative Procedure Act or filing a complaint with the District Court requesting suspension or revocation of that license for the following conduct:
14.
Suspend or revoke license.
Whenever conditions are found in an ICF/IID that violate this section or department rules issued pursuant to this section that, in the opinion of the commissioner, immediately endanger the health or safety of the clients of the ICF/IID or create an emergency, the department by its duly authorized agents may request, under the emergency proceeding provisions of Title 4, section 184, subsection 6, that the District Court suspend or revoke the ICF/IID's license.
15.
Appeals.
Any person that is aggrieved by the decision of the department to refuse to issue a license or renew a license may request a hearing as provided by the Maine Administrative Procedure Act.
16.
Rules.
The department shall adopt rules to administer this section. Rules adopted pursuant to this section are routine technical rules within the meaning of Title 5, chapter 375, subchapter 2‑A. Rules must include, but are not limited to: