Waiver Renewal: Section 20, Home and Community-Based Services for Adults with Other Related Conditions

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 MaineCare Notice of Agency Waiver Amendment. You can access the complete waiver amendment information at http://www.maine.gov/dhhs/oms/rules/index.shtml.

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Notice of Agency Waiver Renewal 

AGENCY:  Department of Health and Human Services, MaineCare Services 

RULE TITLE OR SUBJECT: Chapter 101, MaineCare Benefits Manual, Section 20, Home and Community-Based Services for Adults with Other Related Conditions 

WAIVER RENEWAL: ME0995-Home and Community-Based Services for Adults with Other Related Conditions 

CONCISE SUMMARY: The Maine Department of Health and Human Services (DHHS) is planning to renew the Home and Community-Based Services waiver; known in Maine as Section 20 or the “ORC Waiver.” This waiver supports members in their homes who have conditions that would normally require them to live in a nursing facility. 

This is the first renewal for this waiver. The bed size for waiver group homes has been increased to six beds. The waiver group home system in Maine has many homes with six beds and the limit of four beds has been a barrier to participants’ choice and receiving services. In C-4.a., the limit that each waiver participant must stay below has been changed from $161,000.00 to $199,961.00. Also, language referring to PASRR Level II is being removed as this population does not usually have participants with Intellectual Disability or Autism Spectrum Disorder. Reference to a Certified Brain Injury Specialist (CBIS) in provider requirements for Career Planning have been removed, as the language was there erroneously. All other provider requirements have stayed the same. 

As part of these changes, CFR 42 §441.304 requires a noticing period to inform the public and accept input on these changes. DHHS is accepting comments from January 30, 2018 through February 28, 2018. Any interested party may obtain a copy of the waiver application by going to the website noted below, at any regional Office for Family Independence (a list of the offices and locations can be found at this link http://www.maine.gov/dhhs/ofi/offices/index.html), or a printed copy may be obtained by calling Ginger Roberts-Scott at (207) 624-4048 or emailing at ginger.roberts-scott@maine.gov. 

See http://www.maine.gov/dhhs/oms/rules/index.shtml for waiver renewal and to submit comments 

STATUTORY AUTHORITY:             CFR §441.304 

DEADLINE FOR COMMENTS:        Comments must be received by midnight, Wednesday, February 28, 2018. 

AGENCY CONTACT PERSON:        Ginger Roberts-Scott, Program Manager

AGENCY NAME:                                 MaineCare Services

ADDRESS:                                             242 State Street

                                                                 11 State House Station

                                                                 Augusta, Maine 04333-0011

            Ginger.roberts-scott@maine.gov

TELEPHONE:                                       207-624-4048 FAX: (207) 287-1864 TTY: 711