MaineCare Notice of Agency Emergency Rule-making Adoption, Section 29

MaineCare Notice of Agency Emergency Rule-making Adoption, MaineCare Benefits Manual, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder

Notice of Agency 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, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder          
 
ADOPTED RULE NUMBER:
 
CONCISE SUMMARY: The Department is adopting this emergency major substantive rule in accordance with P.L. 2019, ch. 616, Part A, Sec. A-7, An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2020 and June 30, 2021. The Act provides funding to increase reimbursement rates for specific procedure codes in Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder.
 
The Department has determined that these rate increases are necessary to avoid an immediate threat to public health, safety or general welfare. The Department’s findings of an emergency are as follows: delivery of Medicaid services is predicated on an adequate provider pool to treat and meet the unique needs of the most vulnerable populations of members, and the increases will seek to ensure reimbursement rates are adequate to provide members with access to important services through an adequate provider pool.
 
The emergency major substantive rule increases the rates with a retroactive application date of January 1, 2021 for four (4) services including: Supported Employment Services, Career Planning Services, Employment Specialist Services, and Home Support-Quarter Hour Services. The Maine Legislature has authorized the Department to adopt rules with a retroactive application where the Department has determined that the change does not have an adverse financial impact on any MaineCare provider or Member. 42 M.R.S. § 42(8). Here, the rule change is a positive change for the providers.
 
This emergency major substantive rule is effective upon adoption and filing with the Secretary of State. Pursuant to 5 M.R.S. § 8054 (3), this emergency major substantive rule may be effective for up 12 months, or until the Legislature has completed its review. The Department intends to proceed with major substantive rulemaking, which will be provisionally adopted, and then submitted to the Legislature for its review.
 
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
 
EFFECTIVE DATE:                          April 7, 2021
 
AGENCY CONTACT PERSON:     Heather Bingelis, Comprehensive Health Planner
AGENCY NAME:                              Division of Policy
ADDRESS:                                          109 Capitol Street, 11 State House Station
                                                              Augusta, Maine 04333-0011
EMAIL:                                               [email protected]
TELEPHONE:                                   (207)-624-6951 FAX: (207) 287-6106
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