C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.02

Current through 2024-46, November 13, 2024
Subsection 144-101-I-6.02 - DEFINITIONS
A. "Coercion" means the use of force or threats, including the threat of diminishment of any right or privilege, to cause a person to do something against the person's will.
B."Department" means the State of Maine Department of Health and Human Services.
C. "Informed Consent'' means consent voluntarily given with sufficient knowledge and comprehension of the subject matter involved so as to enable the person giving consent to make an informed and enlightened decision, without any element of force, fraud, deceit, duress, or other form of constraint or coercion.
D. "Member" means a person determined to be eligible for and subsequently enrolled in MaineCare benefits coverage by the Office of Family Independence (OFI) in accordance with the eligibility standards published by the OFI in the MaineCare Eligibility Manual. Some Members may have restrictions on the type and amount of services they are eligible to receive.
E. "Provider" means any individual, partnership, group, association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents of any partnership, group association, corporation, institution, or entity that is enrolled in the MaineCare program to provide covered services to Members.
F."Provider-Owned or Controlled Residential Setting" means a specific, physical place in which a Member resides that is owned, co-owned, and/or operated by a provider of home and community-based services. The Department shall determine whether a setting is a Provider-Owned or Controlled Residential Setting when authorizing services for a Member at the setting.
G."Restraint" means a mechanism or action - whether physical or chemical - that limits or controls a person's voluntary movement or deprives a person of the use of all or part of the person's body. "Restraint" does not include a prescribed therapeutic device or intervention, or a safety device or practice.

C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.02