Chapter 101, MaineCare Benefits Manual, Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder

January 2, 2013

Listed below are recently adopted rules. You can access the complete rule at

http://www.maine.gov/dhhs/oms/rules/index.shtml

ADOPTED RULES

This message is to give notice that rules have been adopted for the following rules:

Adopted rules are final and no changes can be made at this point.

CHAPTER NUMBER AND TITLE: Chapter 101, MaineCare Benefits Manual, Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder

CONCISE SUMMARY: The adopted rule complies with Resolve 2011, ch. 49 to remove language from Section 21.02-7 Employment setting requiring that “Members with disabilities should constitute no more than 50% of the business’s workforce at any given worksite or location.” The Department adopted language clarifying that a Licensed Clinical Social Worker (LCSW) or Licensed Clinical Professional Counselor (LCPC) can provide behavioral consultation. Moreover, the Department has expanded the list of qualified providers who can provide behavioral consultation to include Board Certified Behavior Analysts (BCBAs). This waiver amendment has been approved by the Centers for Medicare and Medicaid Services. The Department adopted several limits on Section 21 services, including that one-member Agency Home Support placements will no longer be approved after 12/1/12; the Home Support hour- T2017 is limited to three hundred and thirty six (336) quarter hour units or eighty four (84) hours a week; and authorizations for services to be provided out-of-state are limited to (60) days of service within a given fiscal year and sixty (60) days within any six (6) month period. This rule change incorporates into the rule a previously existing restriction that the annual costs not exceed 200% of the statewide average annual cost of care for an individual in an Intermediate Care Facility for persons with Intellectual Disabilities (ICF/ID). Lastly, contracted language has been added to the policy to reflect provider’s contracts and riders, and various technical language changes were also adopted. These changes are not expected to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.

EFFECTIVE DATE: December 24, 2012

AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner AGENCY NAME: Division of Policy ADDRESS: 242 State Street 11 State House Station Augusta, Maine 04333-0011 Ginger.roberts-scott@maine.gov TELEPHONE: (207)-287-9365 FAX: (207) 287-9369 TTY users call Maine relay 711