MaineCare Notice of Agency Rule-making Proposal, MaineCare Benefits Manual, Chapter II, Section 20, Home and Community Based Services for Adults with Other Related Conditions

Date posted:

Attachment(s):

Notice of Agency Rulemaking Proposal

Agency: Department of Health and Human Services, Office of MaineCare Services, Division of Policy

Chapter Number and Rule Title: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual (MBM) Ch. II, Sec. 20, Home and Community Based Services for Adults with Other Related Conditions

Type of Rule: Routine Technical

Brief Summary: This Section 20 rule regulates home and community-based services (HCBS) that are authorized by a federal Medicaid Section 1915(c) HCBS waiver that meets federal standards. MBM Ch. II, Sec. 20 authorizes MaineCare HCBS waiver services for adults with conditions other than autism spectrum disorder that are related to but distinguishable from intellectual disabilities. Through this rulemaking the Department proposes to: align similar processes, new services, service descriptions, definitions, and provider requirements with Maine’s four other Section 1915(c) waivers; make permanent certain flexibilities first utilized for Section 20 services during the Covid-19 Public Health Emergency (PHE); strengthen safeguards for Members by enacting the Plan of Corrective Action and Request for Exceptions processes; and incorporate the Department’s Global HCBS Rule (MBM Ch. I, Sec. 6) by reference.

Additionally, the Department proposes to require ` Section 20 providers to comply with 10-149 C.M.R. ch. 1, sec. 2-Grievances once this new grievance rule is adopted pursuant to the Maine Administrative Procedure Act (APA). The Department is concurrently undertaking major substantive rulemaking under the APA for MBM Ch. III, Sec. 20, to establish reimbursement procedures for the new and updated services described in this rulemaking. Please see accompanying draft rule for a complete list of all proposed changes in this agency’s rulemaking. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.

Public Hearing: The Department will hold a hybrid in-person and remote (via Zoom) public hearing.

Date and Time: September 15, 2026, 8:30 AM to 10:30 AM

Location:  State Office Building 109 Capitol Street, Augusta, ME Conference Room(s) A & B

Zoom Meeting Link: https://mainestate.zoom.us/j/89826042240

Meeting ID: 898 2604 2240

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 contact the agency person listed below before September 14, 2026. 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 25, 2026.

Contact Person for this Filing:

Megan Brooks, Policy Writer Office of MaineCare Services

109 Capitol Street, 11 State House Station Augusta, ME 04333-0011

Phone: 207-624-6965

Fax: 207-287-6106

TTY: 711 (Deaf or Hard of Hearing)

Megan.Brooks@maine.gov

Proposed

Office: MaineCare Services

Routine technical

Email: Megan.Brooks@maine.gov; Heather.Bingelis@maine.gov

Comment deadline:

On

The comment period for this rule has closed.