Notice of Final Statewide Transition Plan (STP) for Home and Community-Based Services (HCBS) Settings
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 MaineCare Notice of Final Statewide Transition Plan (STP) for Home and Community-Based Services (HCBS) Settings. You can access the full public notice and the related documents at http://www.maine.gov/dhhs/oms/rules/index.shtml.
Notice of Final Statewide Transition Plan (STP) for Home and Community-Based Services (HCBS) Settings
AGENCY: Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: The U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) has published regulations that define the settings in which it is permissible for states to pay for Medicaid HCBS services. The Statewide Transition Plan is required as part of ensuring Maine comes into full compliance with the federal regulations.
This Final STP describes the strategies, processes, and resources the state has deployed to complete all efforts necessary to come into full compliance with the federal regulations by the end of the transition period afforded to the state. The Final STP serves as the state’s roadmap for implementing the federal HCBS rule and outlines a detailed work plan and timeline for ensuring that all settings in which HCBS services are provided comply with the federal standards by March 17, 2023.
WAIVERS: The following waivers are subject to the new federal and state requirements within CMS 2249-F/CMS 2296-F:
- Section 18, Home- and Community-Based Services for Adults with Brain Injury (ME 1082)
- Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities (ME 0276)
- Section 20, Home and Community Services for Adults with Other Related Conditions (ME 0995)
- Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder (ME 0159)
- Section 29, Support Services for Adults with Intellectual Disabilities or Autistic Disorder (ME 0467)
SUMMARY: Pursuant to 42 CFR 441.301(c)(6), Home and Community-Based Settings: Compliance and Transition, Maine Department of Health and Human Services gives notice that Maine’s Final HCBS Statewide Transition Plan has been released for a 30-day public comment period. The full public notice and revised Maine HCBS Statewide Transition Plan are available online at http://www.maine.gov/dhhs/oms/rules/transition-plan.shtml. Maine’s Final HCBS Statewide Transition Plan will be submitted to CMS in July 2022 and will be effective upon CMS approval.
For the aspects of the rule that apply to HCBS settings, states have until March 2023 to align the state’s policies, programs, and provider settings with the federal settings criteria. States must submit a Statewide Transition Plan (STP) that describes the state’s overall strategies, processes, and resources it will deploy to complete all implementation efforts by the end of the transition period. The STP describes Maine’s efforts to implement the federal HCBS rule with fidelity and outlines a detailed work plan and timeline for ensuring that all settings in which HCBS services are provided comply with the federal standards by March 2023.
The State of Maine is using the federal rule as a catalyst for implementing other improvements to policy, payment, and practice associated with Medicaid-funded HCBS to improve access to and quality of HCBS services and options throughout the state. As such, the state will continue to work with stakeholders on several additional systems change efforts that complement the vision of the federal HCBS rule.
STATUTORY AUTHORITY: 42 CFR 441.301(c)(6)
DATE, TIME AND PLACE OF PUBLIC HEARING: May 10, 2022, 10:00 AM Eastern Time (US and Canada)
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 10, 2021.
The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 3, 2022.
The Department welcomes public comments on Maine’s Final HCBS Statewide Transition Plan. Comments may be submitted:
- In writing to the agency contact person listed below; or
- OMS rulemaking mailbox; or
- HCBS.DHHS@maine.gov
Zoom Meeting link: https://mainestate.zoom.us/j/81668467764
Meeting ID: 816 6846 7764
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Meeting ID: 816 6846 7764
Find your local number: https://mainestate.zoom.us/u/kcflxx8EVz
In addition to the public hearing, individuals may submit written comments to DHHS by the date listed in this notice.
COMMENT DEADLINE: May 20, 2022 by 11:59 p.m. (EST)
AGENCY CONTACT PERSON: Heather Bingelis, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS: 109 Capitol Street, 11 State House Station
Augusta, Maine 04333-0011
TELEPHONE: 207-624-6951 FAX: (207) 287-6106
TTY: 711 (Deaf or Hard of Hearing)
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