Statutes, codes, and regulations
Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113)
Private Non-Medical Institutions
Section 144-113-III-9 - Scope of Licenses

10-144-113 Me. Code R. § III-9

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Current through 2024-51, December 18, 2024
Section 144-113-III-9 - Scope of Licenses
9.1 Licensing of facilities with three (3) to six (6) residents. A license is required for more than two residents. A Level III license is required for a residential care facility with 3-6 beds if the provider has three (3) or more employees who are not owners nor related to the owner and if the requirements of these rules are met.
9.2 Exemptions for licensed children's homes. The Department may exempt a licensed children's home from requiring a Level III license once a resident reaches the age of eighteen (18) if the resident has not completed his/her prescribed program of treatment, care or education, or discharge from the facility will occur within nine (9) months of the date the resident turned eighteen (18). If the facility's purpose is to treat or care for children, and the above requirements are met, the Department may grant a written exemption from licensure in order for the adult resident's income to be supplemented.
9.3 Dual licensure. No facility shall be granted a Level III license, and any previously granted Level III license may be subject to revocation, if another license or approval is in effect or granted, unless the Department has determined that dual licensure will not have an adverse impact on the residents.
9.4 Maximum number of adult residents. The maximum number of beds for which a facility may be licensed will be determined by the Department, according to the regulations set forth herein. Respite care may only be provided in licensed beds.
9.5 Physical plant changes. No alterations in the size or arrangement of the physical plant, location of resident rooms, change in the heating system, water supply system, sewage disposal system, utilities or similar systems shall be made without the prior written approval of the Department in accordance with these regulations.
9.6 Residents under the age of 18. A person who is seventeen (17) years of age may be a resident of a Level III facility without the home being required to be licensed as a children's home, if the Department determines in writing prior to placement that such a placement is in the best interest of that person. The general physical and mental health of all residents of the facility shall be considered in this decision.

10-144 C.M.R. ch. 113, § III-9