MaineCare Notice of Agency Rule-making Adoption, MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services

Notice of Agency Rule-making Adoption

 

AGENCY: Department of Health and Human Services, MaineCare Services

 

CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, MaineCare Benefits Manual (MBM), Chapter II, Section 17, Community Support Services

 

ADOPTED RULE NUMBER:

 

CONCISE SUMMARY:

 

This letter gives notice of an adopted rule: 10-144 C.M.R Chapter 101, MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services.

 

The Department of Health and Human Services (“the Department”) adopted the following changes to 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services.

 

This adopted rule enhances safeguards and protections of client rights under the Bates, et al. v. Commissioner, DHHS, et al, consent decree. The rule addresses referrals to and terminations from Community Integration Services and Assertive Community Treatment (ACT) Services for members with Serious and Persistent Mental Illness. Prior to terminating a member's services, providers must receive written approval from the Office of Behavioral Health (OBH); must issue a 30-day advanced written termination notice to the member, with an exception for cases involving imminent harm; and must assist the member in obtaining clinically necessary services from another provider prior to termination. In addition, providers must accept Department referrals for services within seven (7) calendar days and may only decline referrals with written approval from OBH.

 

The adopted rule also removed the “temporary transition period” from the timeliness and duration of care provisions that were added in a prior rulemaking pursuant to Resolves 2015, ch. 82.

 

This rule additionally removed the definition and requirement to complete the Adult Needs and Strengths Assessment (ANSA). The Department has determined the ANSA is no longer a viable option for assessment and treatment, and this assessment is not being used in practice.

 

The Department also updated formatting, citations, and references where necessary, including changing “Office of Substance Abuse and Mental Health Services” to “Office of Behavioral Health” and removed potentially stigmatizing language based on recommendations from the Maine’s opioid task force and legislation passed in 2018 to minimize stigma (P.L. 2017, ch. 407). 

 

Considering public comment, in addition to the changes to the final rule described above, the Department made the following changes to the final rule:

 

• The Department has amended the term “Department referrals” to “referrals” under 17.08-5 D in the adopted rule. 

 

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

 

EFFECTIVE DATE:                       July 1, 2021

 

AGENCY CONTACT PERSON:   Melanie Miller, Comprehensive Health Planner II

            Melanie.Miller@maine.gov

AGENCY NAME:                            MaineCare Services

ADDRESS:                                       109 Capitol Street, 11 State House Station

                                                           Augusta, Maine 04333-0011

TELEPHONE:                                 207-624-4087 FAX: (207) 287-6106

                                                           TTY: 711 (Deaf or Hard of Hearing)