Maine

Grounds stated in the sources

10-144 CMR chapter 110, 10.Q.2: "The facility must permit each resident to remain in the unit or facility, and not transfer or discharge the resident from the unit or facility unless:" — "The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the unit or facility."; "The transfer or discharge is appropriate because the resident's health and/or functional ability has improved sufficiently so that the resident no longer needs the services provided by the unit or facility."; "The safety and/or health of individuals in the facility is endangered."; "The resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only charges allowable under Medicaid."; "The facility ceases to operate." The current MaineCare Benefits Manual states the same subject differently, in its own resident-rights section, 67.05-9(D): "A nursing facility must permit each resident to remain in the facility and must not transfer or discharge the resident from the facility unless:" — "the transfer or discharge is necessary to meet the resident's welfare or medical needs and the resident's welfare or medical needs cannot be met in the facility;"; "the transfer or discharge is appropriate because the resident's health and/or functional abilities has improved sufficiently so the resident no longer needs the services provided by the facility; as determined by the resident's physician or a third party payor including Medicare and/or MaineCare;"; "the safety of individuals in the facility is endangered;"; "the health of individuals in the facility would otherwise be endangered as determined by the resident's physician;"; "the resident has failed, after reasonable and appropriate notice, to pay or have paid on his or her behalf (including MaineCare, Medicare) for the stay at the facility."; "the facility ceases to operate." Both lists are quoted as published and neither is reconciled here.

Notice stated in the sources

10-144 CMR chapter 110, 10.Q.5: notice "must be made by the facility at least" "Thirty (30) days before the resident is transferred or discharged", except "As soon as practicable" where safety is endangered, health improves enough to allow a faster move, an urgent medical need requires it, or "A resident has not resided in the facility for thirty (30) days." Required contents (10.Q.4) include "The reason for the transfer or discharge, including events which are the basis for such action.", "The effective date of the transfer or discharge.", "Notice of the resident's right to appeal the transfer or discharge as set forth in the Maine Medical Assistance Manual.", "The mailing address and telephone number of the Long Term Care Ombudsman Program.", and "The resident's right to be represented by himself or herself or by legal counsel, a relative, friend or other spokesman." The MaineCare Benefits Manual states the same notice requirement, 67.05-9(E): "Written notice must be made at least thirty (30) days in advance of the resident's transfer or discharge except" the same categories of exception, and requires the notice to carry "the mailing address and telephone number of the State Long-term Care Ombudsman Program which is: P.O. Box 2723, Augusta, Maine 04333, 1-800-499-0229 (in-state only) and (207) 621-1079 (local and out-of state)".

Hearing office in these sources

10-144 CMR chapter 110, 10.Q.6: "The resident has the right to appeal a transfer or discharge to the Administrative Hearings Unit of the Department." The MaineCare Benefits Manual, 67.05-9(G), names the office and the route: "A notice of intent to transfer or discharge (see Section 67.05-9(E)) shall include a statement that any resident has the right to appeal a decision to transfer or discharge to the Office of Administrative" — the text continues across the manual's own repeated page header — "Hearings, Department of Health and Human Services. To challenge the transfer or discharge, submit a request in writing to the:" "The Office of Administrative Hearings" "Department of Health and Human Services" "11 State House Station" "Augusta, Maine 04333-0011". On timing and pendency: "Hearings will be held on an expedited basis and a written decision will be rendered within three (3) working days" and "A facility may not transfer or discharge a resident until a decision is rendered if that resident has requested a hearing within ten (10) days of receipt of notice" (with two stated exceptions). The department's general Administrative Hearings page gives the same office's contact as "109 Capitol Street" "11 State House Station" "Augusta, ME 04333-0011" and "TEL: (207) 624-5350" — an address that differs from the one printed inside the manual's own transfer-and-discharge hearing text, shown as published and not reconciled. The department's general fair-hearing FAQ states, of DHHS hearings generally rather than of this hearing specifically: "You generally have 30 days to appeal for a hearing."

Ombudsman in these sources

The Maine Long-Term Care Ombudsman Program states of itself: "The Maine Long-Term Care Ombudsman Program is a non-profit agency whose mission is to advocate for quality of life and care for long-term care consumers." Its staff directory names "Brenda Gallant" as "Executive Director" and "State Long-Term Care Ombudsman". Its own published contact: "61 Winthrop St." "Augusta, ME 04330", "(207) 621-1079" (local), "(800) 499-0229" (toll free), "(207) 621-0509" (fax), "MLTCOP@MaineOmbudsman.org". The MaineCare Benefits Manual instead prints the program's address as "P.O. Box 2723, Augusta, Maine 04333" — both addresses shown as published, not reconciled.

Sources last checked

Sep 1, 2026

Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.

Lede

This page assembles what Maine's own publishers state about involuntary transfer and discharge from a nursing facility. It is a baseline page: the docket rows and the source map are built; the grounds section and the published-process section are not yet written, as the change log records. The fullest single source is 10-144 CMR chapter 101, the MaineCare Benefits Manual, Chapter II, Section 67 (Nursing Facility Services), whose own page header states it was "ESTABLISHED 7/1/91" and "LAST UPDATED 9/15/15" — it states the grounds, the thirty-day notice and its exceptions, the notice's required contents, the hearing office and its filing address, an expedited-decision and pendency structure, and a Medicaid bed-hold day count, all in one chapter. Maine's licensing rule, 10-144 CMR chapter 110 (effective August 1, 2020), states the same subjects in its own resident-rights section under the same vocabulary — transfer and discharge — with its own, differently worded list of permitted grounds.

Both current rules state the grounds twice, in two different documents with two different lists, and the hearing route is stated with two different addresses for the same office. Neither is reconciled here. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on the federal page; nothing here fills a gap from federal law or another state. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.