Notice of Agency Emergency Rule-making Adoption

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Notice of Agency Emergency Rule-making Adoption


AGENCY: Department of Health and Human Services, Office of MaineCare Services


CHAPTER NUMBER AND TITLE:  10-144 C.M.R.- Chapter 101, MaineCare Benefits Manual Ch. I, Section 4, Telehealth Services      




CONCISE SUMMARY: This emergency rulemaking will remove the MaineCare Benefits Manual (MBM), Chapter I, Section 4, Telehealth Services blanket prohibition against providers utilizing telehealth to deliver services under the MBM, Chapter II, Section 80, Pharmacy Services. Pursuant to 5 M.R.S. Section 8054, the Department has determined that immediate adoption of this rule is necessary to avoid a potentially severe and immediate threat to public health, safety or general welfare. The Department’s findings of emergency are set forth in detail in the Emergency Basis Statement.   Maine is facing a substantial public health threat posed by the global spread of the 2019 Novel Coronavirus (COVID-19). On March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic.  As a preemptive action by the Department, Pharmacy Services will be available via telehealth when medically necessary and appropriate.


This emergency rule change will take effect upon adoption and will be in effect for 90 days (5 M.R.S. § 8054). The Department is concurrently engaging in the routine technical rulemaking process for Section 4 to prevent a lapse in the rule and added services. for rules and related rulemaking documents.


EFFECTIVE DATE:                       March 16, 2020


AGENCY CONTACT PERSON:   Nicole Jurdak, Comprehensive Health Planner

AGENCY NAME:                            Division of Policy

ADDRESS:                                        109 Capitol Street, 11 State House Station

                                                            Augusta, Maine 04333-0011


TELEPHONE:                                  (207)-624-4058 FAX: (207) 287-6106

                                                            TTY users call Maine relay 711