MaineCare Notice of Agency Rule-making Proposal, 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 Proposal
AGENCY: Department of Health and Human Services (DHHS), MaineCare Services, Division of Policy
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter II, Section 43, Hospice Services
PROPOSED RULE NUMBER:
CONCISE SUMMARY:
Background: In January 2024, the Department adopted changes to the Ch. II, Section 43 (Hospice Services), which included adding a new provision (Section 43.06-7) adding 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 rule proposal: In accordance with P.L. 2023 ch. 576, the Department of Health and Human Services (the “Department”) proposes to repeal the Ch. II, Sec. 43.06-7 provision (with the EVV requirement). Because this routine technical rule will likely not be adopted until after July 1, 2024, the Department proposes 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, for a State Plan Amendment related to this provision.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
STATUTORY AUTHORITY: 22 M.R.S. §42 and 42(8); P.L. 2023, ch. 576 (LD 2055).
DATE, TIME, AND PLACE OF PUBLIC HEARING: Monday, June 17, 2024, 1:00 PM EST at 109 Capitol Street, Augusta, Maine 04333.
The Department has determined that its public hearing will be hybrid, conducted both in-person and remotely, via Zoom.
Zoom meeting link: https://mainestate.zoom.us/j/81239971139
Meeting ID: 812 3997 1139
One Tap Mobile: 1-305-224-1968
Find your local number: https://mainestate.zoom.us/u/kj07AVplS
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 participate in the hearing contact the person listed for this filing 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.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 PM on Friday, June 28, 2024.
AGENCY CONTACT PERSON: Julieanna Scott, Comprehensive Health Planner II
AGENCY NAME: Office of MaineCare Services
ADDRESS: 109 Capitol Street, 11 State House Station
Augusta, Maine 04333-0011
TELEPHONE:207-287-2286 FAX: (207) 287-6106
TTY: 711 (Deaf or Hard of Hearing)
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.A, ch. 855 § 3173
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