Date posted:
Attachment(s):
Notice of Agency Rule-making Proposal
AGENCY: Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Chapter 101: (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.
TYPE OF RULE: Routine Technical
PROPOSAL FILING NUMBER:
BRIEF SUMMARY: The Department of Health and Human Services (the “Department”) proposes to repeal Chapter II, Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations and Chapter III, Section 28, Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations, because these rules contain outdated, ambiguous, and inaccurate provisions. The Department further proposes to replace the repealed rules with a new rule, Chapter II, Section 28, Adaptive Behavior Services for Children, to update and clarify provisions, simplify the rule, change the service names, improve provider understanding and compliance, and to assure compliance with the state of Maine’s December 20, 2024, 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 new Chapter II will also include a description of the reimbursement methodology for Section 28 services. The rates for services covered under Chapter II, Section 28, Adaptive Behavior Services for Children will be posted on the Department’s website in accordance with 22 M.R.S. § 3173-J(7).
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:
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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
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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
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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.
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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.
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Virtual attendance is available via Zoom at: https://mainestate.zoom.us/j/84292213955
Meeting ID: 842 9221 3955
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:
Taylor Fey, Policy Writer
Office of MaineCare Services
109 Capitol Street, 11 State House Station
Augusta, Maine 04333-001
(207) 624-4086
FAX: (207) 287-1864
TTY: 711 (Deaf or Hard of Hearing)
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. § 42; 22 M.R.S § 3173-J
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dhhs/oms
Proposed
Office: MaineCare Services
Routine technical
Email: taylor.fey@maine.gov
Comment deadline:
On