Notice of Agency Rule-making Adoption

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

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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 29 - Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

 

ADOPTED RULE NUMBER:

 

CONCISE SUMMARY:  The Department is adopting amendments to this rule in accordance with P.L. 2017, ch. 284 (An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019), which provided funding to increase the annual cap for services provided under Section 29 from $23,985 to $47,500.  The Act funded Shared Living services as a new residential Covered Service available to eligible members under Section 29.

 

The Department has increased the annual combined services cap from the $47,500 in the legislation to $52,425, to accommodate the annual cost of the newly-added Shared Living service, given the rate increase for this service for SFY18, as implemented in emergency major substantive rule amendments of Chapter III, Section 29, effective October 1, 2017 and retroactive to July 1, 2017.  In addition, the Department has added Shared Living to, and removed Work Support from, this cap, which will now include Home Support, Community Support, and Shared Living.  The Department has increased the annual cap on Respite services to accommodate the rate increase for this service for SFY18 in Chapter III, Section 29, which the Department also adopted in the same concurrent, emergency amendments.  Both of these increases in the combined services cap are retroactive to July 1, 2017, pursuant to the increased rates for services in the legislation, and 22 M.R.S. § 42(8).  

 

These amendments adopt, finally, changes that were made to Section 29 on an emergency basis effective October 1, 2017, and which are effective for ninety (90) days.

 

The final adopted rule implements these changes by adding definitions for Administrative Oversight Agency, Shared Living, and Shared Living Provider, and by adding Shared Living as a Covered Service.  The combined services cap has been increased to $52,425, and Shared Living has been added to the services included under the cap.  Work Support-Individual and Work Support-Group have been removed from the cap.  Removing these services from the cap removes the limit on Work Support, and allows members flexibility to use the capped amount for the other services.  The annual limit on Respite has been increased from $1,000 to $1,100.  The weekly cap on Home Support-Remote Support has been removed to increase member flexibility.

 

These changes are not expected to have an adverse effect on the administrative burdens of small businesses.

 

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

 

EFFECTIVE DATE:                             December 28, 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

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