Rule Proposal: Section 21, Chapter III and Chapter III, Section 29

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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 Proposal. You can access the complete rules at http://www.maine.gov/dhhs/oms/rules/index.shtml


Notice of Agency Rule-making Proposal

AGENCY:  Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE:  10-144 C.M.R., Chapter 101, Section 21, Chapter III, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder

PROPOSED RULE NUMBER:

CONCISE SUMMARY:

This major substantive rule is proposed to implement the provisions of P.L. 2017, ch. 459, which provides funding to increase reimbursement rates for 33 procedure codes in Chapter III, Section 21. The legislation directed the Department to increase the rates for the specific procedure codes in equal proportion to the funding provided for that purpose.  In addition to the rate increases required by P.L. 2017, ch. 459, the Department has also increased the rate for a 34th procedure code, as the Department has determined that this rate increase needs to be done in this emergency rulemaking to avoid an immediate threat to public health, safety of general welfare.  These increased rates will be effective retroactive to July 1, 2018.

In creating the rates for the 34 codes, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 21 and Section 29, to lessen administrative complications for providers.

The Department has adopted these rate increases via emergency rulemaking.  Pursuant to 5 M.R.S. §8073, the emergency major substantive rule may be effective for up to twelve months, or until the Legislature has completed its review.  The Department is now engaging in proposed major substantive rulemaking to adopt these Section 21 rule changes.

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

STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 3173; P.L. 2017, ch. 459, § 3195

PUBLIC HEARING:

Date and Time:             October 10, 2018, 9 a.m.

Location:                      Marquardt Bldg, Room 118, Door D7

                                    32 Blossom Lane, Augusta, Maine

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 1, 2018.

DEADLINE FOR COMMENTS:        Comments must be received by 11:59 PM on October 20, 2018.

AGENCY CONTACT PERSON:        Trista Collins, Comprehensive Health Planner II,  Trista.Collins@maine.gov                

AGENCY NAME:                               MaineCare Services

ADDRESS:                                          242 State St., 11 State House Station

Augusta, Maine  04333-0011

TELEPHONE:                                    207-624-4094 FAX: (207) 287-1864

                                                            TTY: 711 (Deaf or Hard of Hearing)

IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The Department anticipates that this rulemaking will not have any impact on municipalities or counties.


Notice of Agency Rule-making Proposal

AGENCY:  Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, MaineCare Benefits Manual, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

PROPOSED RULE NUMBER:

CONCISE SUMMARY:

The Department proposes this major substantive rule in accordance with P.L. 2017, ch. 459, § 3195, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”), which provided funding to increase reimbursement rates for eighteen (18) procedure codes in Chapter III, Section 29, and directed the Department – via major substantive rulemaking – to increase the rates for the specific procedure codes in equal proportion to the funding provided.  These rates will be effective retroactive to July 1, 2018.  The maximum amount that can be in a single day for Respite has been increased, consistent with the increased rates.

The Department has adopted these rate increases via emergency rulemaking.  Pursuant to 5 M.R.S. §8073, the emergency major substantive rule may be effective for up to twelve months, or until the Legislature has completed its review.  The Department is now engaging in proposed major substantive rulemaking to adopt these Section 29 rule changes.

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

STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 3173; P.L. 2017 ch. 459, § 3195.

PUBLIC HEARING:

Date and Time:             October 10, 2018, 1 p.m.

Location:                      Marquardt Bldg, Room 118, Door D7

                                    32 Blossom Lane, Augusta, Maine

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 1, 2018.

DEADLINE FOR COMMENTS:        Comments must be received by 11:59 PM on October 20, 2018. 

AGENCY CONTACT PERSON:        Trista Collins, Comprehensive Health Planner II, Trista.Collins@maine.gov

AGENCY NAME:                               MaineCare Services

ADDRESS:                                          242 State St., 11 State House Station

Augusta, Maine  04333-0011

TELEPHONE:                                    207-624-4094 FAX: (207) 287-1864

                                                              TTY: 711 (Deaf or Hard of Hearing)

IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The Department anticipates that this rulemaking will not have any impact on municipalities or counties.