Waiver Amendment: 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 04/02/2019 09:20 AM EDT
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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 Benefits for members with Intellectual Disabilities or Autism Spectrum Disorder
WAIVER: ME.0159: Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
CONCISE SUMMARY: The State of Maine is planning to amend the Home- and Community-Based Services waiver, known in Maine as Section 21 of the MaineCare Benefits Manual. This comprehensive waiver supports participants with Intellectual Disabilities and Autism Spectrum Disorder. The Department of Health and Human Services (DHHS) is proposing to make changes to comply with legislative directive P.L. 2017, ch. 459, Parts A and B, which provided funding to increase reimbursement rates for Home Support, Shared Living, Community Support, Career Planning, Employment Specialist Services, Work Support, and Crisis Intervention Services. The increased rates are effective starting July 1, 2018. Appendix J reflects the rate increase in Years 4 and 5. The legislation also provides that the Department ensure that caps and limitations on services are increased to reflect the rate increases. Therefore, DHHS also proposes to raise limits within this waiver, to ensure that rate increases do not result in any decrease in level of services for participants. DHHS proposes to raise the annual limit (funding cap) that includes Community Support and Work Support to $32,623.58, to ensure that rate increases do not result in any decrease in level of services for participants (Appendix C-4-a).
In Appendix C, the amendment adds a requirement that all service locations providing Per Diem Home Support must be licensed by the Maine Department of Health and Human Services, Division of Licensing and Certification, effective July 1, 2020. Licensing will provide increased Department oversight for the Per Diem Home Support services that are not currently licensed. This oversight will improve protections for participants, particularly in the areas of health and safety. For additional information on the licensing requirements for Per Diem Home Support, please see http://www.maine.gov/dhhs/oms/rules/.
To comply with Federal requirements in the 21st Century CURES Act, DHHS is adding a requirement in Appendix C that providers of Home Support-1/4 Hour must comply with Maine DHHS Electronic Visit Verification system standards and requirements. This requirement will be effective January 1, 2020.
Additionally, DHHS is proposing to increase the number of participants served by this waiver. P.L. 2017, ch. 460, Part A provided funds to add new participants to this waiver, beginning October 1, 2018. For Years 4 and 5 of this waiver, DHHS proposes to raise the unduplicated number of participants to 3,473, from 3,190 (Appendix B-3-a), and the number of participants served at any point in time to 3,373, from 3,100 (Appendix B-3-b).
DHHS is accepting comments from April 2, 2019 through May 2, 2019. 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 renewal and to submit comments.
STATUTORY AUTHORITY: CFR §441.304
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, May 2, 2019.
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner
AGENCY NAME: MaineCare Services
ADDRESS: 242 State Street
11 State House Station
Augusta, Maine 04333-0011
TELEPHONE: 207-624-6951 FAX: (207) 287-1864 TTY: 711