MaineCare Policy Adoption - Ch. III, Sections 2, 21, and 29: October 5, 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 three Notices of Agency Emergency Rule-making Adoption.  You can access the complete rules at http://www.maine.gov/dhhs/oms/rules/index.shtml


Notice of Agency Emergency Rule-making Adoption

AGENCY: Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE: 10-144 C.M.R. ch. 101, MaineCare Benefits Manual (MBM), Chapter III, Section 2, Adult Family Care Services

ADOPTED RULE NUMBER:

CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this emergency rule to increase the rates of reimbursement for Adult Family Care Services pursuant to:

1) Public Law 2016, Chapter 481, Part C, An Act To Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. This emergency adopted rule implements a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2017. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the four (4) percent rate increase will be effective retroactive to July 1, 2016.

2) Resolves 2015, ch. 45, Resolve, To Require the Department of Health and Human Services To Provide Supplemental Reimbursement to Adult Family Care Homes and Residential Care Facilities in Remote Island Locations. The Department previously engaged in emergency rulemaking followed by routine technical rulemaking that added language to the rule providing for a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Department did not include a case mix chart specific to remote island facilities that identified the increased rates and now seeks to do so with an emergency adoption of this rule. As noted previously, the Department is seeking and anticipates receiving CMS approval for the change so that the supplemental rate payment will be retroactive to October 1, 2015.

Both of these rate increases for Adult Family Care Services ensure vulnerable members have access to medically necessary covered services, and otherwise have no adverse impact on either MaineCare providers or members. Further, this change is not expected to have an adverse effect on the administrative burdens of small businesses.

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

EFFECTIVE DATE:                          October 4, 2016          

AGENCY CONTACT PERSON:      Heidi Bechard, Comprehensive Health Planner

AGENCY NAME:                              Division of Policy

ADDRESS:                                         242 State Street

                                                            11 State House Station

                                                            Augusta, Maine 04333-0011

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

                        TTY users call Maine relay 711


 Notice of Agency Emergency Rule-making Adoption

AGENCY:  Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE:  10-144 C.M.R., Chapter 101, MaineCare Benefits Manual, Chapter III, Section 21, Allowances for Home and Community Based Benefits for Adults with Intellectual Disabilities or Autistic Disorder

EMERGENCY MAJOR SUBSTANTIVE RULE

ADOPTED RULE NUMBER:

CONCISE SUMMARY:  The Department is adopting via emergency major substantive rulemaking a 1% increase to certain rates in Chapter III, Section 21, in accordance with P.L. 2016, ch. 477 (An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax), which provides additional appropriations to certain MaineCare providers that are subject to the service provider tax and that have experienced a recent increase in the tax from 5% to 6%.  The Legislature enacted this law as an emergency measure, effective April 15, 2016, recognizing that providers affected by the tax increase had insufficient reserves to withstand this cost increase and that immediate funding was necessary to enable providers to continue providing MaineCare services.  As set forth in the Basis Statement, the Department adopts changes to this rule on an emergency basis with the increased rates effective retroactive to April 15, 2016.  

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

EFFECTIVE DATE:                          September 28, 2016

AGENCY CONTACT PERSON:      Andrew Hardy, Comprehensive Health Planner

                                                            Andrew.Hardy@maine.gov

AGENCY NAME:                              Division of Policy

ADDRESS:                                         242 State Street

                                                            11 State House Station

                                                            Augusta, Maine 04333-0011

TELEPHONE:                                   (207)-624-4058    FAX: (207) 287-1864

                        TTY users call Maine relay 711


Notice of Agency Emergency Rule-making Adoption

AGENCY:  Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE:  10-144 C.M.R., Chapter 101, MaineCare Benefits Manual, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder

EMERGENCY MAJOR SUBSTANTIVE RULE

ADOPTED RULE NUMBER:

CONCISE SUMMARY:  The Department is adopting via emergency major substantive rulemaking a 1% increase to certain rates in Chapter III, Section 29, in accordance with P.L. 2016, ch. 477 (An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax), which provides additional appropriations to certain MaineCare providers that are subject to the service provider tax and that have experienced a recent increase in the tax from 5% to 6%. The Legislature enacted this law as an emergency measure, effective April 15, 2016, recognizing that providers affected by the tax increase had insufficient reserves to withstand this cost increase and that immediate funding was necessary to enable providers to continue providing MaineCare services. As set forth in the Basis Statement, the Department adopts changes to this rule on an emergency basis with the increased rates effective retroactive to April 15, 2016. 

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

EFFECTIVE DATE:                          September 28, 2016

AGENCY CONTACT PERSON:      Andrew Hardy, Comprehensive Health Planner

                                                            Andrew.Hardy@maine.gov

AGENCY NAME:                              Division of Policy

ADDRESS:                                         242 State Street

                                                            11 State House Station

                                                            Augusta, Maine 04333-0011 

TELEPHONE:                                   (207)-624-4058    FAX: (207) 287-1864

                        TTY users call Maine relay 711