DHHS recently released Emergency Rules for
Maine Department of Health and Human Services
The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage. This website keeps the proposed rules on file until they are finalized and until the Secretary of State website is updated to reflect the changes. The MaineCare Benefits Manual is available on-line at the Secretary of State’s website.
Below, please find three Notices of Emergency Agency Rule-making Adoption. You can access the complete rules at http://www.maine.gov/dhhs/oms/rules/index.shtml
Notice of Emergency Major Substantive Agency Rule-making Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter III, Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER:
CONCISE SUMMARY: This emergency major substantive rule is adopted in accordance with P.L. 2017, ch. 284, Sec. TTTT-1, which authorized the Department to adopt emergency rules as necessary to implement provisions of P.L. 2017, ch. 284. P.L. 2017, ch. 284 provides funding to increase reimbursement rates for 23 procedure codes in Chapter III, Section 21. The legislation directed the Department to increase the rates for the specific procedure codes in equal proportion to the funding provided for that purpose. In addition to the rate increases required by P.L. 2017, ch. 284, the Department has also increased the rate for a 24th procedure code, as the Department has determined that this rate increase needs to be done in this emergency rulemaking to avoid an immediate threat to public health, safety or general welfare. These increased rates will be effective retroactive to July 1, 2017. The Legislature did not appropriate additional funding for these rate increases beyond June 30, 2018; therefore, rates will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
The Department moved to emergency rulemaking once the rates were calculated and finalized. In creating the rates for the 24 codes, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 21 and Section 29, to lessen administrative complications for providers.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2017, retroactive to July 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711
Notice of Emergency Agency Rule Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter II, Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The Department adopts this emergency rule in accordance with P.L. 2017, ch. 284 (An Act Making Unified 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, 2018 and June 30, 2019), which provided funding to increase the annual cap for services provided under Section 29 from $23,771 to $47,500. The Act funded Shared Living services as a new residential Covered Service available to eligible members under Section 29.
The Department has increased the annual combined services cap from the $47,500 in the legislation to $52,425, to accommodate the annual cost of the newly added Shared Living service, given the rate increase for this service for SFY18, as implemented in a contemporaneous emergency rule for Chapter III, Section 29. In addition, the Department is adding Shared Living, and removing Work Support from, this cap, which will now include Home Support, Community Support, and Shared Living. The Department has increased the annual cap on Respite services to accommodate the rate increase for this service for SFY18 in Chapter III, Section 29, which the Department is also engaged in concurrent emergency rulemaking. Both of these increases in caps will be retroactive to July 1, 2017, pursuant to the increased rates for services in the legislation, and pursuant to 22 M.R.S. 42(8).
The emergency rule implements these changes by adding definitions for Administrative Oversight Agency, Shared Living, and Shared Living Provider, and by adding Shared Living as a Covered Service. The combined services cap has been increased to $52,425, and Shared Living has been added to the services included under the cap. Work Support-Individual and Work Support-Group have been removed from the cap. Removing these services from the cap removes the limit on Work Support, and allows members flexibility to use the capped amount for the other services. The annual limit on Respite has been increased from $1,000 to $1,100. The weekly cap on Home Support-Remote Support has been removed to increase member flexibility.
These changes are not expected to have an adverse effect on the administrative burdens of small businesses.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711
Notice of Emergency Major Substantive Agency Rule Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
EMERGENCY MAJOR SUBSTANTIVE RULE
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The Department adopts this emergency rule in accordance with P.L. 2017, ch. 284 (An Act Making Unified 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, 2018 and June 30, 2019), §§§ ZZZZZZZ-9, MMMMMMM-2 and TTTT-1, which provided funding to increase reimbursement rates for 16 procedure codes in Chapter III, Section 29, and directed the Department – via major substantive rulemaking – to increase the rates for the specific procedure codes in equal proportion to the funding provided. The Department has also increased the rate for a 17th procedure code in order to create consistency among similar services within the waiver. These rates will be effective retroactive to July 1, 2017. Funding for these rate increases was only appropriated for SFY18. The Legislature did not appropriate additional funding for these rates beyond June 30, 2018; therefore, rates increased for SFY18 will revert to their current levels (pre July 1, 2017) on July 1, 2018.
The Legislature granted emergency major substantive rulemaking authority for these rate increases, which the Department commenced once the rates were calculated and finalized. In creating the rates for the codes shown below, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 29 and Section 21, to lessen administrative complications for providers.
In addition, the Department is adding two procedure codes for Shared Living services as the Department is contemporaneously adopting an emergency rule for Chapter II, Section 29 to add this benefit as a covered service for members. These rates are consistent with the rates for the same services under Section 21, and include increased rates for SFY18 that will revert to their current levels (pre July 1, 2017) pursuant to P.L. 2017, ch. 284.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711
- Section 21: Chapter III (minor-technical rule change) to address rate increases approved for State Fiscal Year 2018; and
- Section 29: Chapter II (minor technical rule change), addressing the increase to the Section 29 cap, added services, and services available but removed from the caps; and Chapter III (major substantive rule change) to address rate increase approved for State Fiscal Year 2018.
Maine Department of Health and Human Services
The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage. This website keeps the proposed rules on file until they are finalized and until the Secretary of State website is updated to reflect the changes. The MaineCare Benefits Manual is available on-line at the Secretary of State’s website.
Below, please find three Notices of Emergency Agency Rule-making Adoption. You can access the complete rules at http://www.maine.gov/dhhs/oms/rules/index.shtml
Notice of Emergency Major Substantive Agency Rule-making Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter III, Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER:
CONCISE SUMMARY: This emergency major substantive rule is adopted in accordance with P.L. 2017, ch. 284, Sec. TTTT-1, which authorized the Department to adopt emergency rules as necessary to implement provisions of P.L. 2017, ch. 284. P.L. 2017, ch. 284 provides funding to increase reimbursement rates for 23 procedure codes in Chapter III, Section 21. The legislation directed the Department to increase the rates for the specific procedure codes in equal proportion to the funding provided for that purpose. In addition to the rate increases required by P.L. 2017, ch. 284, the Department has also increased the rate for a 24th procedure code, as the Department has determined that this rate increase needs to be done in this emergency rulemaking to avoid an immediate threat to public health, safety or general welfare. These increased rates will be effective retroactive to July 1, 2017. The Legislature did not appropriate additional funding for these rate increases beyond June 30, 2018; therefore, rates will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
The Department moved to emergency rulemaking once the rates were calculated and finalized. In creating the rates for the 24 codes, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 21 and Section 29, to lessen administrative complications for providers.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2017, retroactive to July 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711
Notice of Emergency Agency Rule Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter II, Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The Department adopts this emergency rule in accordance with P.L. 2017, ch. 284 (An Act Making Unified 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, 2018 and June 30, 2019), which provided funding to increase the annual cap for services provided under Section 29 from $23,771 to $47,500. The Act funded Shared Living services as a new residential Covered Service available to eligible members under Section 29.
The Department has increased the annual combined services cap from the $47,500 in the legislation to $52,425, to accommodate the annual cost of the newly added Shared Living service, given the rate increase for this service for SFY18, as implemented in a contemporaneous emergency rule for Chapter III, Section 29. In addition, the Department is adding Shared Living, and removing Work Support from, this cap, which will now include Home Support, Community Support, and Shared Living. The Department has increased the annual cap on Respite services to accommodate the rate increase for this service for SFY18 in Chapter III, Section 29, which the Department is also engaged in concurrent emergency rulemaking. Both of these increases in caps will be retroactive to July 1, 2017, pursuant to the increased rates for services in the legislation, and pursuant to 22 M.R.S. 42(8).
The emergency rule implements these changes by adding definitions for Administrative Oversight Agency, Shared Living, and Shared Living Provider, and by adding Shared Living as a Covered Service. The combined services cap has been increased to $52,425, and Shared Living has been added to the services included under the cap. Work Support-Individual and Work Support-Group have been removed from the cap. Removing these services from the cap removes the limit on Work Support, and allows members flexibility to use the capped amount for the other services. The annual limit on Respite has been increased from $1,000 to $1,100. The weekly cap on Home Support-Remote Support has been removed to increase member flexibility.
These changes are not expected to have an adverse effect on the administrative burdens of small businesses.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711
Notice of Emergency Major Substantive Agency Rule Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R., Chapter 101, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
EMERGENCY MAJOR SUBSTANTIVE RULE
ADOPTED RULE NUMBER:
CONCISE SUMMARY: The Department adopts this emergency rule in accordance with P.L. 2017, ch. 284 (An Act Making Unified 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, 2018 and June 30, 2019), §§§ ZZZZZZZ-9, MMMMMMM-2 and TTTT-1, which provided funding to increase reimbursement rates for 16 procedure codes in Chapter III, Section 29, and directed the Department – via major substantive rulemaking – to increase the rates for the specific procedure codes in equal proportion to the funding provided. The Department has also increased the rate for a 17th procedure code in order to create consistency among similar services within the waiver. These rates will be effective retroactive to July 1, 2017. Funding for these rate increases was only appropriated for SFY18. The Legislature did not appropriate additional funding for these rates beyond June 30, 2018; therefore, rates increased for SFY18 will revert to their current levels (pre July 1, 2017) on July 1, 2018.
The Legislature granted emergency major substantive rulemaking authority for these rate increases, which the Department commenced once the rates were calculated and finalized. In creating the rates for the codes shown below, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 29 and Section 21, to lessen administrative complications for providers.
In addition, the Department is adding two procedure codes for Shared Living services as the Department is contemporaneously adopting an emergency rule for Chapter II, Section 29 to add this benefit as a covered service for members. These rates are consistent with the rates for the same services under Section 21, and include increased rates for SFY18 that will revert to their current levels (pre July 1, 2017) pursuant to P.L. 2017, ch. 284.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner [email protected]
AGENCY NAME: Division of Policy
ADDRESS: 242 State Street
11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-624-6951 FAX: (207) 287-1864 TTY users call Maine relay 711