MaineCare Notice of Agency Rule-making Adoption, MaineCare Benefits Manual, Chapter II, Section 43, Hospice Services
The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage. This website keeps the rules on file until they are finalized and until the Secretary of State website is updated to reflect the changes. The MaineCare Benefits Manual is available on-line at the Secretary of State’s website.
Below, please find a MaineCare Notice of Agency Rulemaking Adoption. You can access the complete rule at http://www.maine.gov/dhhs/oms/rules/index.shtml.
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Notice of Agency Rule-making Adoption
AGENCY: Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 101, MaineCare Benefits Manual, Chapter II, Section 43, Hospice Services
ADOPTED RULE NUMBER:
CONCISE SUMMARY:
The Department of Health and Human Services (the “Department”) adopts this rule to amend MaineCare Benefits Manual Chapter II, Section 43: Hospice Services.
Background: In January 2024, the Department adopted a rule to amend Ch. II, Section 43: Hospice Services by adding a new provision (Section 43.06-7) to implement an Electronic Visit Verification (EVV) requirement for hospice services that are delivered in-home, with a prospective effective date of July 1, 2024 for that EVV requirement.
After the Ch. II Section 43 rule was adopted, the Maine Legislature enacted legislation which provided that the Department may not implement EVV for hospice providers earlier than March 1, 2025, and that rules providing for such EVV requirements are major substantive rules. P.L. 2023, ch. 576 (LD 2055). This Public Law became law without the Governor’s signature on March 27, 2024. The law is codified at 22 M.R.S. Sec. 3174-NNN.
The Department’s changes to Chapter II, Section 43: In accordance with P.L. 2023 ch. 576, the Department repeals the Ch. II, Sec. 43.06-7 provision (with the EVV requirement). Since this routine technical rule repealing Ch. II, Sec. 43.06-7 was not adopted prior to July 1, 2024, the date Ch. II, Sec. 43.06-7 was intended to go into effect, the Department adopts a retroactive effective date of June 30, 2024, for the repeal of the provision.
The Department shall submit to the Centers for Medicare & Medicaid Services, and anticipates approval of, a State Plan Amendment related to this provision.
Rules and related rulemaking documents may be reviewed at and printed from MaineCare Services website at http://www.maine.gov/dhhs/oms/rules/index.shtmlor, for a fee, interested parties may request a paper copy of rules by calling 207-624-4050. For those who are deaf or hard of hearing and have a TTY machine, the TTY number is 711.
If you have any questions regarding the policy, please contact Provider Services at 1-866-690-5585 or TTY users call Maine relay 711.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 30, 2024
STATUTORY AUTHORITY: 22 M.R.S. §42 and 42(8); P.L. 2023, ch 576
AGENCY CONTACT PERSON: Julieanna Scott, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS: 109 Capitol Street, 11 State House Station
Augusta, Maine 04333-0011
EMAIL: julieanna.scott@maine.gov
TELEPHONE: 207-287-2286 FAX: (207) 287-6106
TTY: 711 (Deaf or Hard of Hearing)
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