Rule-making Adoption: Chapter III, Section 2, Adult Family Care Services and Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
Maine Department of Health & Human Services sent this bulletin at 12/21/2017 01:00 PM EST
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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 two notices of Agency Rule-making Adoption. You can access the complete rules at http://www.maine.gov/dhhs/oms/rules/index.shtml
Notice of Agency 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, Chapter III, Section 2, Adult Family Care Services
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this rule to increase the rates of reimbursement for Adult Family Care Services pursuant to Public Law 2015, 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. As required by that legislation, this adopted rule effectuates a three and a half (3.5) percent cost-of-living rate increase for adult family care services for the fiscal year ending June 30, 2018 based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the three and a half (3.5) percent rate increase will be effective retroactive to July 1, 2017.
The Department is authorized to adopt these changes retroactively under 22 M.R.S. § 42(8) because these changes increase reimbursement for providers, and will have no adverse impact on either MaineCare providers or members.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 23, 2017
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
Email: Heidi.Bechard@maine.gov
TELEPHONE: (207)-624-4074 FAX: (207) 287-1864
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Notice of Agency 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 II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The adopted rule expands the number of members who are eligible as Priority 1 on the waitlist for Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder. The expansion of the Priority 1 waitlist applies to members who do not yet meet the need for adult protective services, but: (1) whose primary caregiver has reached the age of 65 or has a terminal illness; (2) who have no other responsible or willing caregiver; and (3) who satisfy at least one and are at risk of another additional risk factors. The Department is also adopting a definition of “Primary Caregiver” to address the reality that members may be receiving care from their parents or from extended family members when their parents are deceased, missing, or unable to care for the member. In addition, the Department is adopting changes to the rule regarding the Priority 2 criteria to clarify that this classification includes members who do not yet meet Priority 1, and to replace the term “parents” with “Primary Caregiver” in the examples of members who qualify for Priority 2. This rule adoption also implements a process for members on the waitlist to annually confirm their continued interest in Section 21 services. Members will be given the option to request that the Department re-evaluate their status on the waitlist at any time including at the time of the annual waitlist confirmation.
The Department is in the process of seeking and anticipates receiving approval from the Centers for Medicare & Medicaid Services for these changes.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 24, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station
Augusta, Maine 04333-0011
Email: rachel.posner@maine.gov
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864
TTY users call Maine relay 711