Date posted:
Attachment(s):
Notice of Agency Rule-making Proposal
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND RULE TITLE: 10-144, C.M.R. Chapter 101, MaineCare Benefits Manual, Chapter II, Section 13, Targeted Case Management Services and Chapter 101, MaineCare Benefits Manual, Chapter III, Section 13, Targeted Case Management Services
TYPE OF RULE: Routine Technical
PROPOSAL FILING NUMBER:
BRIEF SUMMARY: The proposed rulemaking expands eligibility for Targeted Case Management for Members Experiencing Homelessness and for Members in Carceral Settings and makes changes to assure compliance with the state of Maine’s 12/20/24 settlement agreement with the U.S. Department of Justice regarding children’s behavioral health services (U.S. Dist. Ct. (D. Me.), Case No. 1:24-cv-00315-SDN). The Department also proposes to relocate the reimbursement methodology for TCM services from Chapter III, Section 13, Targeted Case Management (TCM) Services to Chapter II, Section 13. The Department proposes to accomplish these changes by repealing Chapters II and III, Section 13, and replacing Ch. II, Section 13. Rules and related rulemaking documents may be reviewed at, or printed from, the MaineCare website at https://www.maine.gov/dhhs/about/rulemaking or, for a fee, interested parties may request a paper copy of rules by calling (207) 624-4050 or Maine Relay number 711. A concise summary of the proposed rule is provided in the Notice of Agency Rulemaking Proposal, which can be found at http://www.maine.gov/dhhs/about/rulemaking. This notice also provides information regarding the rulemaking process. Please address all comments to the agency contact person identified in the Notice of Agency Rulemaking Proposal.
On Monday February 23, 2026, the Office of MaineCare Services (OMS) held virtual public hearings as previously announced within MaineCare Notice of Agency Rulemaking Proposals for 10-144, C.M.R. Chapter 101, MaineCare Benefits Manuals (MBM): Chapters II and III, Section 13, Chapters II and III, Section 28, and Chapter II, Section 97.
While the Governor announced that State Offices were closed on Monday, February 23, 2026, the Department of Health and Human Services determined that these public hearings were essential to prevent critical emergency rules from lapsing, and given that it would have no means by which to inform members of the public who learned about the hearings from newspaper notices of the cancellations. The Department posted information on the doors of our 109 Capitol Street office notifying the public of the virtual-only option for any person who attempted to access the in-person location.
We understand that not all members of the public had opportunity to attend the scheduled public hearings, so we are offering additional opportunity to comment on these proposed rules at the following dates and times:
Public hearing date, time, and location:
-
Monday, March 2, 2026, from 9:00 AM - 10:30 AM for MBM, Chapter II, Section 13, Targeted Case Management Services and Chapter III, Section 13, Targeted Case Management Services
-
Monday, March 2, 2026, from 10:45 AM - 12:15 PM for MBM, (1) Chapter II, Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations; (2) Chapter III, Section 28, Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations; and (3) Chapter II, Section 28, Adaptive Behavior Services for Children
-
Monday, March 2, 2026, from 12:30 PM - 2:00 PM for MBM, Chapter II, Section 97, Private Non-Medical Institution Services
These hearings will be held in-person and virtually.
-
For in-person attendance the location is the State of Maine Office Building located at 109 Capitol Street, Augusta, ME: Conference Rooms A and B.
-
Virtual attendance is available via Zoom at: https://mainestate.zoom.us/j/84292213955
Meeting ID: 842 9221 3955
Some devices may require downloading a free app from Zoom prior to joining the public hearing event. The Department requests that any individual requiring special arrangements to attend the hearing in person contact the agency person listed below 5 days in advance of the hearing.
In addition to the public hearing, individuals may submit written comments to DHHS by the date listed in this notice.
COMMENT DEADLINE
The new comment deadline will be 11:59 PM on Friday, March 13, 2026. Individuals do not need to attend a public hearing to submit written comments. Please see the applicable rule notices linked above for instructions for submitting written public comments.
CONTACT PERSON FOR THIS FILING:
Henry Eckerson, Policy Manager
109 Capitol Street, 11 State House Station, Augusta, Maine, 04333-0011
(207) 624-4045
FAX: (207) 287-1864
TTY users call Maine relay 711
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 42 C.F.R. § 440.169; 42 U.S.C. § 1396n(g); 22 M.R.S. §§ 42, 3173; CAA 2023, P.L. 117-328; P.L. 2023, ch. 412, 643
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same as above
AGENCY WEBSITE: https://www.maine.gov/dhhs/oms
Proposed
Office: MaineCare Services
Routine technical
Email: henry.eckerson@maine.gov
Comment deadline:
On