Date posted:
Attachment(s):
Notice of Agency Emergency Rule-making Adoption
Agency: Department of Health and Human Services, Office of MaineCare Services, Division of Policy
Chapter Number and Rule Title: 10-144 C.M.R. Chapter 101, MaineCare Benefits Manual (“MBM”), Chapter II, Section 97, Private Non-Medical Institution Services
Adoption Filing Number:
Concise Summary:
Pursuant to 5 M.R.S. § 8054, the Department of Health and Human Services (Department) may adopt a rule on an emergency basis where it finds that immediate adoption is necessary to avoid an immediate threat to public health, safety or general welfare. When doing so, the Department may modify applicable provisions under 5 M.R.S. §§ 8052 and 8053 if necessary to mitigate or alleviate the threat just found to exist. The Department has concluded that the need to satisfy certain deadlines in the state of Maine’s December 20, 2024, settlement agreement with the United States, regarding enhancements to the Department’s children’s behavioral health services represents such a threat and justifies the emergency adoption of this rule, which shall be effective for no more than ninety (90) days, under 5 M.R.S. § 8054(3).
This emergency rule makes the following changes to comply with the settlement agreement:
- Adds a definition for “Child and Family Team”
- Consolidates the eligibility criteria for Child and Adolescent Therapeutic Foster Care (TFC)
- Removes the TFC member eligibility requirement to receive a score of 50 or higher on the Child and Adolescent Functional Assessment Scale and adds a requirement that members must receive a score of Level two or higher on the Age-Appropriate Level of Care/Service Intensity Tool as assessed and determined by the Department or its Authorized Entity through the Single Assessment, as provided in Chapter I, Section 7, Children’s Behavioral Health Services Global Rule.
- Clarifies that eligibility for Children’s Residential Care Facilities (CRCF) will be determined through the Single Assessment as provided in Chapter I, Section 7, Children’s Behavioral Health Services Global Rule.
- Adds comprehensive assessment requirements for TFC, including, but not limited to, when comprehensive reassessments must occur.
- Adds individual treatment plan requirements for TFC, including, but not limited to, identifying providers involved in the member’s care and anticipating and appropriately planning for significant transitions in the member’s life.
- Adds care coordination requirements for TFC providers, including, but not limited to, identifying risks that may lead to an out-of-home placement and ensuring the member, family, legal guardian, and/or resource family, as applicable, know how to raise issues with existing services or lack of services.
- Adds a Cost-of-Living Adjustment provision for all Section 97 CRCF services pursuant to 22 M.R.S. § 3173-J, 22 M.R.S. § 7402(1), and the Settlement Agreement.
Effective Date: January 30 2026
Agency Contact Person: Henry Eckerson, Children’s and Behavioral Health Policy Manager
Agency Name: Department of Health and Human Services, Office of MaineCare Services, Division of Policy
Mailing Address: 11 State House Station, 109 Capitol Street, Augusta, ME 04333-0011
Telephone Number: (207) 624-4045
Email Address: henry.eckerson@maine.gov
Emergency
Office: MaineCare Services
Routine technical
Email: henry.eckerson@maine.gov
Effective date:
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