MaineCare Rule-making Proposal, Ch. III, Section 97: PMNI Services - November 2, 2016

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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, Chapter III, Section 97, Private Non-Medical Institution (PNMI) Services 

PROPOSED RULE NUMBER: 

CONCISE SUMMARY: These changes are being done in order to comply with: 

1) Public Law 2016, Chapter 477, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax, Private Non-Medical Institution Services providers have experienced an increase in the tax since January 1, 2016. PNMIs are in need of increased funding to continue providing these services to Maine’s vulnerable citizens, including children, individuals with substance use disorders, and adults with intellectual disabilities and autistic disorder. This proposed rule-making increases the direct care component rate by an additional one (1) percent to Private Non-Medical Institution Services providers. Pursuant to 22 M.R.S. § 42(8), the increase in reimbursement rates will be effective retroactive to July 1, 2016. 

2) Chapter III, Section 97 (the “Main Rule”) and Chapter III, Section 97, Appendix C only, the Department repeals and replaces the March 8, 2016 emergency major substantive rule, which made changes pursuant to Resolves 2015, ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Residential Care Facilities in Remote Island Locations. Those changes are incorporated into this major substantive rule-making. 

This proposed major substantive rule-making follows an emergency adoption filed on October 18, 2016. This major substantive rule will remain in effect for up to one year or earlier if the Legislature approves the provisionally adopted major substantive rule. 

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

STATUTORY AUTHORITY:           22 M.R.S. §§ 42(8), 3173; P. L., ch. 477; P.L. 2015, ch. 267; Resolves 2015, ch. 45

PUBLIC HEARING: 

Date:               November 21, 2016

Time:              1:00 p.m.

Location:        Cross Building, Room 300, Augusta, ME 04333 

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 14, 2016. 

DEADLINE FOR COMMENTS:     Comments must be received by 11:59 p.m. on December 1, 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 rule-making will not have any impact on municipalities or counties.