MaineCare Notice of Second Public Comment Period for Home and Community-Based Services (HCBS) Settings

Sep 01, 2022

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 Second Public Comment Period 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.

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Notice of Second Public Comment Period 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. 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 is required as part of ensuring Maine comes into full compliance with the federal regulations.

Maine’s 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. The state held a public comment period on the Final STP from April 20, 2022, to May 20, 2022, and hosted a public hearing May 10, 2022. 

In accordance with the federal regulations, Maine is required to hold a second public comment period regarding settings that were deemed to have isolating qualities and to require Heightened Scrutiny Review, but which were not included in the initial public comment period.  The list of these settings is available here:  http://www.maine.gov/dhhs/oms/rules/transition-plan.shtml The Department welcomes your comments related to these settings and their ability to overcome their isolating qualities 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 of a second public comment period specific to settings identified as having isolating qualities which require Heightened Scrutiny Review. Maine’s HCBS Statewide Transition Plan and Appendices as initially posted for public comment in April-May 2022, as well as the list of settings on which comment is sought, are available online at http://www.maine.gov/dhhs/oms/rules/transition-plan.shtml. Maine’s Final HCBS Statewide Transition Plan was submitted to CMS on July 19, 2022 and will be effective upon CMS approval.

STATUTORY AUTHORITY:  42 CFR 441.301(c)(6)

PUBLIC COMMENTS:

The Department welcomes public comments on the remaining settings identified as having isolating qualities which require Heightened Scrutiny Review. Comments may be submitted by 11:59 p.m. on September 30, 2022:

• OMS rulemaking mailbox; or
• HCBS.DHHS@maine.gov

 

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