Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies

What this rule requires your agency to do

• 1DHHS licensing standards must include, but are not limited to, general licensing requirements, quality measures, personnel qualifications, mandatory and minimum training requirements, home care services, coordination of services, supervision and organizational structure/lines of authority, record-keeping and confidentiality practices, and business records requirements (§1717(2-B)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 2A personal care agency shall conduct a comprehensive background check for direct access personnel and immediate supervisors of direct access personnel and is subject to the employment restrictions set out in §1812-G when hiring, employing or placing direct access personnel, including certified nursing assistants and direct care workers (§1717(3)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 3The department shall engage in monitoring activities on at least a biennial basis to ensure that a personal care agency, regardless of licensure status, is in compliance with applicable laws and rules (§1717(13-A)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 4Beginning July 1, 2024, an entity may not provide home care services without a personal care agency license issued by the department (§1717(2-A)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 5Prior to hiring a certified nursing assistant, a direct care worker, or an immediate supervisor, a personal care agency shall check the Maine Registry of Certified Nursing Assistants and Direct Care Workers and verify that the individual has no disqualifying notations (§1717(3-A)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 6An application for licensure constitutes permission for entry and inspection; the department has the right to enter and inspect the premises of a licensed personal care agency at a reasonable time and to inspect and copy books, accounts, papers and records to determine compliance (§1717(9)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 7A personal care agency license is not assignable or transferable and is immediately void if ownership or control of the agency changes (§1717(2-D)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)
• 8An entity that operates a personal care agency without a license commits a civil violation punishable by a fine of not less than $500 per day but not more than $10,000; operating in violation of the employment prohibitions in subsection 3 or 3-A is a civil violation of not less than $500 per day but not more than $10,000 per day (§1717(4)(A-1), (B)).(Maine Revised Statutes, Title 22, §1717 - Licensing of Personal Care Agencies)