MaineCare Notice of Agency Rule-making Proposal, MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services
The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage. This website keeps the proposed 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 Notice of Agency Rule-making Proposal. 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, MaineCare Services
CHAPTER NUMBER AND TITLE: 10-144, C.M.R. Chapter 101, MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services
PROPOSED RULE NUMBER:
CONCISE SUMMARY:
The Department of Health and Human Services (the “Department”) is proposing to repeal and replace 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services.
The Department proposes this rule to comply with P.L. 2021, Ch. 398, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2021, June 30, 2022 and June 30, 2023 (the “Budget”). Per the Budget, the rule proposes to increase medication management rates. This provision will be effective retroactive to October 1, 2021, as directed by the Supplemental Budget, and in alignment with 22 M.R.S. § 42(8) which authorizes the Department to adopt retroactive rules that do not have any adverse financial impact on any MaineCare provider or member. Additionally, pursuant to Legislative directive and funding, the rule will incorporate updates to Chapter III from an independent rate study recommending increases to rates for Substance Use Disorder Intensive Outpatient Program (IOP) services. This provision will be effective retroactive to January 1, 2022, pursuant to 22 M.R.S. § 42(8). Also, pursuant to Legislative directive and funding, from the Budget as well as P.L. 2021, Ch. 635 (the “Supplemental Budget”), the rule proposes to include cost-of-living adjustments (COLAs) for services that have not received a rate adjustment in the prior 12 months, according to appropriate criteria for calculating COLAs. This provision will be effective retroactive to July 1, 2022 pursuant to 22 M.R.S. § 42(8).
The Department is pursuing a separate rulemaking for Chapter II, Section 65, simultaneous with this proposed rule. The proposed changes in Chapter II include the addition of various new IOP Services including Mental Health, Developmental Disabilities/Behavioral Health, Geriatric, Dialectical Behavior Therapy, and Eating Disorder (Level I and Level II) IOPs. This Chapter III rulemaking will incorporate proposed rates from an independent rate study for the new IOP Services pursuant to Legislative directive and funding (P.L. 2021, Ch. 398).
Throughout the rule, the Department proposes language consistent with the proposed Chapter II rule to address potentially stigmatizing language based on recommendations from the Maine opioid task force and legislation passed in 2018 to minimize stigma (P.L. 2017, ch. 407).
The Department shall seek CMS approval for the new covered services and rates, as specifically noted in various proposed rule changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
STATUTORY AUTHORITY: 22 M.R.S. §§ 42, 42(8), 3173; 42 C.F.R. Part 8; P.L. 2019, ch. 407; P.L. 2021, Ch. 398; P.L. 2021, Ch. 635.
DATE, TIME, AND LOCATION OF PUBLIC HEARING: Tuesday, June 28th, 2022; 3:00pm
Due to the ongoing threat posed by COVID-19, DHHS has determined that its public hearing will be conducted solely remotely, via Zoom. This is in accordance with the DHHS Remote Rulemaking Hearings Policy issued September 10th, 2021.
(Link to Remote Hearings Policy: https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/9%209%2021%20Remote%20Rulemaking%20Hearings%20Policy.pdf )
Zoom Meeting link: https://mainestate.zoom.us/j/87144359805 Meeting ID: 871 4435 9805
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Meeting ID: 871 4435 9805
Find your local number: https://mainestate.zoom.us/u/kcMhQouOSg
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.
DATE FILED WITH THE SECRETARY OF STATE’S OFFICE: Tuesday, May 31, 2022.
COMMENT DEADLINE: Comments must be received by 11:59 pm on July 8th, 2022.
AGENCY CONTACT PERSON: Melanie Miller, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS: 109 Capitol Street, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-4087 FAX: (207) 287-1864
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.
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