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, Section 29, Ch. II, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER:
CONCISE SUMMARY: The Department is proposing this routine technical rule in accordance with P.L 2017, ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase rates for specific procedure codes in Chapter III, Section 29. Part B of the Act provided that the Department ensure that caps and limitations on services “are increased to reflect increases in reimbursements that result from this Part.”
On September 12, 2018, the Department adopted an emergency major substantive rule for Section 29, Ch. III, as directed in the Act, to increase reimbursement rates for eighteen (18) procedure codes, with a retroactive effective date of July 1, 2018. In accordance with Part B of the Act, the Department is adopting an emergency rule for Chapter II, to increase caps in Section 29 to reflect those rate increases. The emergency rulemaking is effective for 90 days. This proposed rule will adopt these cap increases permanently.
The increased caps will be effective retroactive to July 1, 2018. The retroactive application comports with 22 M.R.S. § 42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
The proposed rule includes the following cap changes:
Provider Qualifications and Requirements
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 3173; P.L. 2017, ch. 459, Parts A and B
Date and Time: December 3, 2018, 9:30 a.m.
Location: The Marquardt Building, Room 118, Door D7
32 Blossom Lane
Augusta, ME 04333
The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 20, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 PM on December 14, 2018.
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS: 242 State Street, 11 State House Station
Augusta, Maine 04333-0011
TELEPHONE: 207-6246951 FAX: (207) 287-1864
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.