MaineCare Benefits Manual Emergency

Concise summary: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements and federal Medicaid rules.

In this rulemaking, the Department is eliminating language about and codes for bedhold days. The Department will permanently adopt these changes in a proposed rulemaking, and a public hearing will be held as part of that separate rulemaking.

Bedhold day codes will be eliminated from Chapter III, including BQL, BRL, MRPL, RHL RHL9, RML RML2, RTSL, and PL. Some language regarding occupancy rates is also eliminated from Appendices B, D, E, and F.

This rule has no impact on small businesses, counties or municipalities. This rule making expects to yield a net cost savings of $2,000,000.00 for SFY 08-09.

EFFECTIVE: August 1, 2008.

Concise summary: The Department has determined that the immediate adoption of these rules is necessary to comply with legislative requirements and federal Medicaid rules. In this rulemaking, the Department is eliminating language about bedhold days. The Department will permanently adopt these changes in a proposed rulemaking, and a public hearing will be held as part of that separate rulemaking. These rules are deemed emergency given the budget short falls and are intended to achieve a savings of $2,000,000.00 in the general fund for SFY 08-09. These emergency rules will remain in effect for ninety (90) days while the Department proposes rules in a separate rulemaking to permanently adopt these emergency rules.

In this rulemaking, the Department is eliminating language about and codes for bedhold days. The Department will permanently adopt these changes in a proposed rulemaking, and a public hearing will be held as part of that separate rulemaking.

Bedhold day codes will be eliminated from Chapter III, including BQL, BRL, MRPL, RHL RHL9, RML RML2, RTSL, and PL. Some language regarding occupancy rates is also eliminated from Appendices B, D, E, and F.

This rule has no impact on small businesses, counties or municipalities. This rule making expects to yield a net cost savings of $2,000,000.00 for SFY 08-09.

EFFECTIVE: August 1, 2008 – October 29, 2008.

Concise summary: The Department has determined that the immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. Emergency adoption of this rule will assure access to Adult Family Care Home services for MaineCare members who otherwise may require immediate placement in an institutional setting in order to receive medically necessary services.

These emergency rules will increase the limit of reimbursable beds in an Adult Family Care Home from six to eight beds. This rule will also add an additional type of licensure that Adult Family Care Homes may have in order to be reimbursed appropriately when the facility has more than six beds. Currently Adult Family Care Homes must be licensed as an Assisted Housing Program: Level III Residential Care Facility. Those facilities with more than six beds will require licensure as an Assisted Housing Program: Level IV Residential Care Facility.

These emergency rules will remain in effect for ninety days. The Department will permanently adopt these changes through a proposed rulemaking, and will hold a public hearing as part of that separate rulemaking.

EFFECTIVE: July 1, 2008 – September 28, 2008 .

Concise summary: The emergency rule repeals Sections 58, Licensed Clinical Social Worker, Licensed Clinical Professional Counselor and Licensed Marriage and Family Therapist Services; Section 65, Mental Health Services; Section 100, Psychological Services; and Section 111, Substance Abuse Treatment Services and replaces them with one consolidated rule which will now be known as Section 65, Behavioral Health Services. There will be no public hearing with this emergency rule. The Department will hold a public hearing as part of the rulemaking that will permanently adopt these emergency rules. P. L. 2007, ch. 539, Part JJJ authorizes the Department to file these emergency rules.

EFFECTIVE: August 1, 2008.