MaineCare Policy Proposal, Ch. III, Section 2, Adult Family Care Services - October 12, 2016
Maine Department of Health & Human Services sent this bulletin at 10/12/2016 09:53 AM EDT
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 Agency 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 (MBM), Chapter III, Section 2, Adult Family Care Services
PROPOSED RULE NUMBER:
CONCISE SUMMARY: This proposed rulemaking seeks to increase the rates of reimbursement for Adult Family Care Services pursuant to:
(1) Public Law 2016, ch. 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 proposed rule implements a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2017. Chapter III, Section 2, Adult Family Care Services increases the unadjusted price from $44.99 to $46.79 and the resource-adjusted prices accordingly. 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 cost-of-living increase will be effective retroactive to July 1, 2016. A Change in Reimbursement Methodology Notice was published on June 28, 2016. To comply with future cost-of-living increases set forth in P.L. 2016, ch. 481, the Department will engage in subsequent rulemaking at a later date.
(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 is making changes to this rule pursuant to Resolves 2015, ch. 45, which effectuates a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Legislature directed the Department to amend its rule by October 1, 2015, to implement the fifteen percent supplemental payment and authorized the Department to do so via emergency rulemaking without the necessity of demonstrating emergency findings. The Department engaged in emergency rulemaking followed by routine technical rulemaking that added a provision to the rule about the supplemental payment. The Department also indicated in these prior rulemakings that it was seeking CMS approval for this change retroactive to October 1, 2015. However, the Department did not include a case mix chart specific to remote island facilities that identifies the increased rate. Through this rulemaking, the Department has added a case mix chart reflecting an unadjusted price of $51.74 (a fifteen percent increase from $44.99) for the period of October 1, 2015 through June 30, 2016, and an unadjusted price of $53.81 (reflecting the fifteen percent supplemental payment and the four percent cost-of-living increase) for the period beginning July 1, 2016.
This proposed routine technical rulemaking follows an emergency adoption of Chapter III, Section 2, Adult Family Care Services on October 4, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42(8), 3173; P. L. 2016, ch. 481, Part C; and Resolves 2015, ch. 45
PUBLIC HEARING:
Date: November 1, 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 26, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on November 14, 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
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.