Attention: Providers of Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations

Sep 16, 2024

Section 28 providers are required to obtain a Mental Health Organization license to provide Section 28 services in accordance with the recently adopted CMR 10-144 Chapter 123, Behavioral Health Organizations Licensing Rule. Please see the Division of Licensing and Certification (DLC) March 18, 2024, notice for details.

DLC is updating that notice as follows:

• Section 28 service providers that fall under the authority of the Department of Education (DOE), meaning the service provider operates a public school, special purpose private school, or state independent educational unit (Also known as Child Development Services: CDS), are not required to obtain a mental health license through DLC to provide Section 28 services.  
• Childcare facilities licensed by the Office of Child and Family Services (OCFS) are not required to obtain a mental health license through DLC to provide Section 28 services. Please be aware that program approval by Children’s Behavioral Health Services (CBHS) is not the same as OCFS licensure. 

All Section 28 providers that are not under the oversight of the DOE as described above and that are not licensed by OCFS as a childcare facility must apply for a Mental Health Organization License by November 1, 2024.

The licensing rule and application can be found here.

If you have questions for DLC, please contact Jennifer Gary.

If you have questions for MaineCare, please contact Lisa Bouchard.