MaineCare Policy Proposal, Ch. II & III, Section 96 - September 21, 2016

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The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage.  This website keeps the proposed rules on file until they are finalized and until the Secretary of State website is updated to reflect the changes.  The MaineCare Benefits Manual is available on-line at the Secretary of State’s website

Below, please find a Notice of Agency Rule-making Proposal.  You can access the complete rule at http://www.maine.gov/dhhs/oms/rules/index.shtml


Notice of Rule-making Proposal                                                                                    

AGENCY:  Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE: 10-144 C.M.R. ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 96, Private Duty Nursing and Personal Care Services

PROPOSED RULE NUMBER:

CONCISE SUMMARY: The purpose of this rule is to comply with Public Law 2016, ch. 83, Resolve, Directing the Department of Health and Human Services To Increase the Reimbursement Rates for Home-based and Community-based Services. Public Law 2016, ch. 83, requires the Department to amend its rules for reimbursement rates for personal care and related services provided under 10-144 C.M.R. ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 96, Private Duty Nursing and Personal Care Services. This rulemaking adds modifiers and reimbursement rates for multiple member visits, as outlined in Chapter III, Section 96, Private Duty Nursing and Personal Care Services. This law will go into effect on July 29, 2016, without the governor’s signature. Chapter II updates level of care caps.

The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. Pending approval, pursuant to 22 M.R.S. § 42(8), the increased reimbursement rates, modifiers, and level of care caps will be effective retroactive to July 29, 2016. The Department published a change in reimbursement methodology, pursuant to 42 C.F.R. §447.205, on July 28, 2016.

See http://www.maine.gov/dhhs/oms/rules/index.shtml  for rules and related rulemaking documents.

STATUTORY AUTHORITY:  22 M.R.S. §§ 42, 3173; Public Law 2016, ch. 83, Resolve, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services

PUBLIC HEARING:

Date:               October 11, 2016

Time:              1:00 p.m.

Location:        19 Union Street, Room 110, Augusta, ME 04333

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 4, 2016.

DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 21, 2016.

AGENCY CONTACT PERSON:  Heidi Bechard, Comprehensive Health Planner II

AGENCY NAME:                       MaineCare Services

ADDRESS:                                   242 State St.                                                                

    11 State House Station

                                                       Augusta, Maine  04333-0011

                                                       heidi.bechard@maine.gov

TELEPHONE:                             207-624-4074 FAX: (207) 287-1864

                                                       TTY: 711 (Deaf or Hard of Hearing)

IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The Department anticipates that this rulemaking will not have any impact on municipalities or counties.