MaineCare Notice of Agency Rule-making Proposal, MaineCare Benefits Manual, Chapter II, Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
Aug 23, 2023
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 II, Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER:
CONCISE SUMMARY: This Section 29 rule provides home and community-based services (HCBS) that are authorized by a federal Medicaid Section 1915(c) HCBS waiver that meets federal standards.
On December 18, 2020, The Centers for Medicare & Medicaid Services (CMS) approved the Department’s request to renew the Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder waiver for a five-year period, with an effective date of January 1, 2021. On April 13, 2023, the Department gave public notice of proposed amendments to the CMS-approved Section 29 waiver, to add services and enhance service delivery. Following the receipt of public comment on the proposed amended waiver, the Department will seek and anticipates receiving CMS approval of the waiver amendment.
Through this rulemaking and in accordance with CMS approval of the renewed waiver, and the Department’s proposed waiver amendment, the Department proposes to:
1) Align similar processes, service descriptions, and similar provisions with MaineCare’s four other Section 1915(c) waivers (primarily the Section 21 waiver);
2) Make permanent certain flexibilities added under Appendix K authority during the Covid-19 Public Health Emergency (PHE), which will expire on November 11, 2023, including the additions of Individual Goods and Services, Self-Directed Services and tiered Community Support Services;
3) Strengthen safeguards for Members by enacting the Plan of Corrective Action and Request for Exceptions processes;
4) Incorporate the Department’s proposed Global HCBS Rule (MBM Ch. I, Sec. 6- Global HCBS Waiver Person-Centered Planning and Settings Rule) by reference; and
5) Add the opportunity for Section 29 Members to receive Increased Level of Support if they receive Shared Living services and have extraordinary need for additional support with behavioral or medical issues.
The Department is concurrently undertaking major substantive rulemaking under the APA for MBM Ch. III, Sec. 29, to describe reimbursement procedures for the new and updated services described in this rulemaking, and is proposing retroactive application for rule provisions to November 12, 2023, pursuant to 22 M.R.S. § 42(8), following approval by the Legislature, and final adoption by the Department.
The Department proposes the following specific changes to this rule:
STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 42(8), 3173, 42 C.F.R. Sec. 441.301(c), 42 U.S.C. § 1396b(l)
DATE FILED WITH THE SECRETARY OF STATE’S OFFICE: August 15, 2023
PUBLIC HEARING: The Department will hold a combined in-person and remote (via Zoom) public hearing.
Date and Time: September 11, 2023, 12:00 PM Eastern Time (US and Canada)
Location: State Office Building, Conference Rooms A & B
109 Capitol Street, Augusta, ME
Zoom Meeting link: https://mainestate.zoom.us/j/88458657517
Meeting ID: 884 5865 7517
Some devices may require downloading a free app from Zoom prior to joining the public hearing event.
The Department requests that any interested party requiring special arrangements to attend the hearing in person contact the agency person listed below before Friday, September 8, 2023.
In addition to the public hearing, individuals may submit written comments to DHHS by the date listed in this notice.
COMMENT DEADLINE: Comments must be received by 11:59 PM on September 21, 2023.
AGENCY CONTACT PERSON: Heather Bingelis, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS: 109 Capitol Street, 11 State House Station
Augusta, Maine 04333-0011
TELEPHONE: 207-624-6951 FAX: (207) 287-6106
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.