§ 24-A §6203 — Requirements for issuance of certificate

1.
Preliminary certificate of authority.
The superintendent shall issue a preliminary certificate of authority, which shall be valid for no more than 12 months, but which the superintendent may extend for such reasonable time as necessary when the following conditions have been met.
2.
Final certificate of authority.
The superintendent shall issue a final certificate of authority, subject to annual renewal, when:
3.
Deposits.
Deposits shall apply as follows.
4.
Separate facilities.
If the provider intends to provide continuing care at more than one facility, the provider must obtain a separate certificate of authority for each facility at which the provider intends to provide continuing care. With the exception of unencumbered surplus funds, funds collected by one facility may not be expended for the benefit of any other facility.
5.
Material changes.
Within 60 days prior to any change in the approved continuing care agreement, any other approved form or the health care or supportive services offered, the provider shall submit the proposed change in duplicate to the superintendent for approval. The superintendent shall forward one copy to the department.
6.
Provision of services to nonresidents.
The final certificate of authority must state whether any skilled nursing facility that is part of a life-care community or a continuing care retirement community may provide services to persons who have not been bona fide residents of the community prior to admission to the skilled nursing facility. If the life-care community or the continuing care retirement community admits to its skilled nursing facility only persons who have been bona fide residents of the community prior to admission to the skilled nursing facility, then the community is exempt from the provisions of Title 22, chapter 103‑A, but is subject to the licensing provisions of Title 22, chapter 405, and is entitled to only one skilled nursing facility bed for every 4 residential units in the community. Any community exempted under Title 22, chapter 103‑A may admit nonresidents of the community to its skilled nursing facility only during the first 3 years of operation. For purposes of this subsection, a "bona fide resident" means a person who has been a resident of the community for a period of not less than 180 consecutive days immediately preceding admission to the nursing facility or has been a resident of the community for less than 180 consecutive days but who has been medically admitted to the nursing facility resulting from an illness or accident that occurred subsequent to residence in the community. Any community exempted under Title 22, chapter 103‑A is not entitled to and may not seek any reimbursement or financial assistance under the MaineCare program from any state or federal agency and, as a consequence, that community must continue to provide nursing facility services to any person who has been admitted to the facility.

Legislative History

PL 1987, c. 482, §1 (NEW). PL 1987, c. 563, §§1-4 (AMD). PL 1987, c. 769, §A102 (AMD). PL 1989, c. 343, §§4-15,23 (AMD). RR 1995, c. 2, §54 (COR). RR 1995, c. 2, §55 (COR). PL 1995, c. 452, §§8-20 (AMD). PL 1995, c. 625, §A27 (AMD). PL 1997, c. 478, §1 (AMD). PL 1997, c. 592, §75 (AMD). PL 2003, c. 155, §1 (AMD). PL 2003, c. 510, §A22 (AMD).