CHAPTER 260
S.P. 484 - L.D. 1492
An Act to Provide Recipients of All Assisted Living Programs and Services Residents' Rights and Equivalent Reporting and Enforcement Opportunities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7902-A, sub-§6 is enacted to read:
6. Applicability of residents' rights rules. Any rules adopted pursuant to this section pertaining to residents' rights are applicable to both licensed and unlicensed assisted living service programs.
Sec. 2. 22 MRSA §7924, sub-§1, as corrected by RR 1995, c. 2, §45, is amended to read:
1. Alleged violations reported and investigated. Any person who believes that any of those regulations rules governing the licensure of long-term care facilities duly promulgated or the operation of assisted living programs and services authorized pursuant to section 7901-B adopted by the Department of Human Services pertaining to residents' rights and conduct of resident care has been violated may report the alleged violation to the protection and advocacy agency designated pursuant to Title 5, section 19501; the long-term care ombudsman pursuant to section 5106, subsection 11-C and section 5107-A; the Office of Advocacy pursuant to Title 34-A, section 1203; and any other agency or person whom the Commissioner of Human Services and the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services may designate.
Sec. 3. 22 MRSA §7948, sub-§1, as enacted by PL 1991, c. 637, §2, is amended to read:
1. Generally. Any resident whose rights have been violated as described in this section may commence a civil action in the Superior Court on that resident's own behalf for injunctive and declaratory relief against any long-term care facility or provider of assisted living programs and services that is alleged to be in violation of any rule described in section 7924 or 7902-A or in violation of the rights enumerated in 42 United States Code, Section 1396r, Subsection (c). In order to grant a preliminary or permanent injunction under this section, the Superior Court must find that:
A. The plaintiff will suffer irreparable injury if the injunction is not granted;
B. The irreparable injury outweighs any harm that granting the injunctive relief would inflict on the defendant;
C. The plaintiff has exhibited a likelihood of success on the merits of the case; and
D. The public interest will not be adversely affected by granting the injunction.
Effective September 19, 1997, unless otherwise indicated.
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