Waiver Amendment: Section 21, Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

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


Notice of Agency Waiver Amendment 

AGENCY:  Department of Health and Human Services, MaineCare Services

RULE TITLE OR SUBJECT: Chapter 101, MaineCare Benefits Manual, Section 21, Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

WAIVER: ME0159: Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

CONCISE SUMMARY: The Maine Department of Health and Human Services (DHHS) is planning to amend the Home and Community-Based Services waiver, known in Maine as Section 21 or the “Comprehensive Waiver.” This waiver supports members with Intellectual Disabilities and Autism Spectrum Disorder. DHHS is proposing to make changes to comply with legislative directive P.L. 2017, Ch. 284, § MMMMMMM-2, which increases funding for Home Support, Shared Living, Community Support, Career Planning, Employment Specialist Services, Work Support, and Crisis Intervention Services. The increased rates are effective July 1, 2017 to June 30, 2018. Appendix J reflects the temporary rate increase in the third year.

Additionally, DHHS is proposing to make a change in Appendix B-3. f. Selection of Entrants to the Waiver to be consistent with the adoption of the state rule making changes to the criteria for the Priority 1 wait list for a funded opening for the waiver. The expansion of the Priority 1 waitlist applies to participants 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.  Performance measures have also been updated in Appendices A, B, C, D, G, and I.

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 March 27, 2018 through April 25, 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 Rachel Posner at (207) 624-6951 or emailing at rachel.posner@maine.gov.

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

STATUTORY AUTHORITY:              CFR §441.304

DEADLINE FOR COMMENTS:        Comments must be received by midnight, Wednesday, April 25, 2018.

AGENCY CONTACT PERSON:        Rachel Posner, Comprehensive Health Planner

AGENCY NAME:                                 MaineCare Services

ADDRESS:                                            242 State Street

            11 State House Station

            Augusta, Maine 04333-0011

         rachel.posner@maine.gov

TELEPHONE:                                      207-624-6951 FAX: (207) 287-1864 TTY: 711