Notice of Agency Rule-making Adoption: Chapter 101, MaineCare Benefits Manual, Chapter III, Section 21, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder

Mar 23, 2022

AGENCY:  Department of Health and Human Services, Office of MaineCare Services

CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 101, MaineCare Benefits Manual, Chapter III, Section 21, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder

ADOPTED RULE NUMBER:

CONCISE SUMMARY:  The Department is repealing an emergency major substantive rule that was effective on April 7, 2021, that included reimbursement rate increases for certain services under MaineCare Benefits Manual, Chapter III, Section 21, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder pursuant to P.L. 2019, ch. 616. Per 5 M.R.S. § 8072, emergency major substantive rules are effective for up to 12 months or until Legislative review. The Department has not yet initiated the proposed major substantive rulemaking associated with the April 7, 2021, emergency major substantive rule, and thus there is no provisional major substantive rule pending for review before the Legislature.

There is no decrease in reimbursement for any service affected by this repeal of the April 2021 emergency major substantive rule changes. The Department is repealing this emergency major substantive rule because of additional Section 21 reimbursement rate changes that were required by P.L. 2021, ch. 398 (the “Act”).

Simultaneous with the repeal of the emergency major substantive rule, pursuant to the Act, the Department will implement separate emergency routine technical rule changes that increase rates for Section 21 providers. As set forth in the MAPA documents for the separate rulemaking, the Act authorized the Department to make those specific Section 21 reimbursement rate changes on an emergency basis via routine technical rulemaking, even though Ch. III, Section 21 rulemaking is typically major substantive. All of the Section 21 reimbursement rates that were increased via the April 7, 2021, emergency major substantive rule (that is now being repealed) are included in the rate increases for the separate emergency routine technical rule. Because of the separate routine technical emergency rule, the repeal of the emergency major substantive rule will not have the effect of causing the reimbursement rates to revert to the lower rates that were in the current permanent major substantive Chapter III Sec. 21 (eff. 7/28/2019).

The separate routine technical emergency rule changes shall be effective for up to 90 days. The Department intends to proceed with proposed routine technical rulemaking to make permanent the increases to reimbursement rates enacted through the emergency rule changes. These increased rates in the separate routine technical rulemaking will be effective retroactive to January 1, 2022, as directed by the Act, per 22 M.R.S. § 42(8).

http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.

EFFECTIVE DATE:                           March 22, 2022

AGENCY CONTACT PERSON:        Heather Bingelis, Comprehensive Health Planner

AGENCY NAME:                               Division of Policy

ADDRESS:                                          109 Capitol Street, 11 State House Station

                                                            Augusta, Maine 04333-0011

EMAIL:                                               heather.bingelis@maine.gov

TELEPHONE:                                    (207)-624-6951 FAX: (207) 287-6106

                                                            TTY users call Maine relay 711