AGENCY UMBRELLA
- UNIT NUMBER: 14-118
AGENCY NAME: Driver Education and Evaluation Programs (DEEP)
CONTACT PERSON
FOR CHAPTER 2: Linwood K. Oakes, Sr., Certification & Policy
Specialist, AMHI Complex - Marquardt Building, #159 State House Station,
Augusta, ME 04333-0159. Telephone: (207) 287-2595
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2002
RULE-MAKING ACTIVITY:
CHAPTER 2:
Driver Education and Evaluation Programs Procedure Manual -
STATUTORY AUTHORITY: 5 M.R.S.A. Part 25, c. 521 Sub-ch. I, §20005,
5 M.R.S.A. Part 25, c. 521, sub-ch. 5, §20072, 20073-B, 20074,
20075, 20076, §20078-A
RULE REVISION:
Section A - Definitions
PURPOSE: Establishes/revises definitions to comply with current practices,
program changes effective October 27, 2001, and newly enacted statute.
Section B - Procedures for Approval of DEEP Evaluation and/or
Treatment Service Provider
PURPOSE: 1) Improves certification process; and 2) Mandates DEEP training
for clinical supervisors.
Section C& D - Moving Ahead and Risk Reduction Programs
PURPOSE: 1) Adjusts fees to comply with changes in program cost; 2)
Establishes "non-refundable" fee and changes "no show"
fee to be synonymous with the program fee; and 3) Changes Risk Reduction
Program referral criteria from "Summary Score" to American
Society of Addiction Medicine (ASAM) criteria.
Section E - Evaluation
PURPOSE: 1) Requires licensed clinician to provide clinical substance
abuse, second opinion, and status update evaluations; 2) Permits the
client to waive the evaluation process during the first session and
remain with the same clinician for treatment; and 3) Emphasizes no
group evaluations.
Section F - Treatment
PURPOSE: 1) Requires licensed clinician for clinical supervision;
2) Requires return of forms to DEEP for client no-shows and inactivity;
and 3) Requires justification of early discharge from treatment.
Section G - Completion of Treatment Other Than Driver Education
and Evaluation Programs
PURPOSE: Adjusts fee to comply with changes in program cost.
Section H - Second Opinion
PURPOSE: Edits and condenses the rules.
Section J & K - Out-of-State & Military
PURPOSE: Adjusts fees to comply with changes in program cost; and
2) Requires "comparable" program - clarifies expectations.
Section L - DEEP Completion of Treatment Guidelines
PURPOSE: Revises language and requirements to comply with program
changes effective October 27, 2001 and eliminates appendix. (This
Section was listed on 2001 Regulatory Agenda for proposed revision
- January - June - 2002)
SCHEDULE OF ADOPTION: August - December, 2002
AFFECTED PARTIES: Community-based service providers and OUI offenders
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
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CONTACT PERSON
FOR CHAPTERS 4 AND 6: Nancy Christensen, Director, Special Projects,
40 State House Station, Augusta ME 04333 287-7368
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2002-2003
RULE-MAKING ACTIVITY:
CHAPTER 4:
Regulations for Licensing/Certifying of Alcohol and Drug Treatment
Programs in the State of Maine
STATUTORY AUTHORITY: 5 MRSA §§ 20005, 20024
PURPOSE: These rules protect the health, welfare, and well-being of
the clients who enter treatment in substance abuse programs as well
as provide for a minimum standard of care.
ANTICIPATED SCHEDULE: late 2002
AFFECTED PARTIES: substance abuse treatment providers
CHAPTER 6:
Regulations for Employee Assistance Programs for Employers Operating
in the State of Maine
STATUTORY AUTHORITY: PL 1989 C. 536
PURPOSE: These rules govern the provision of employee assistance programs,
required prior to the request or administration of drug tests by Maine
employers.
ANTICIPATED SCHEDULE: early 2003
AFFECTED PARTIES: Employers with 20 or more full time employees who
have or wish to have a substance abuse testing program.
AGENCY UMBRELLA-UNIT
NUMBER: 14-193
AGENCY NAME: Department of Behavioral and Developmental Services
CONTACT PERSON:
Nancy Christensen, Director, Special Projects, 40 State House Station,
Augusta ME 04333. 287-7368
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2002-2003
RULE-MAKING ACTIVITY:
CHAPTER 6:
Mental Health Licensing Regulations
STATUTORY AUTHORITY: 34B MRSA §§3603, 3606
PURPOSE: These rules govern the provision of mental health services
in the State of Maine.
ANTICIPATED SCHEDULE: late 2002
AFFECTED PARTIES: all mental health agencies, facilities or programs
as defined by 34B MRSA §§3601 and 3606 or funded by the
Department of Mental Health, Mental Retardation and Substance Abuse
Services.
CHAPTER 18:
Rules for the Licensure of Residential Child Care facilities
STATUTORY AUTHORITY: 22 MRSA §8101 et seq.
PURPOSE: These rules govern the provision of residential services
to children in the State of Maine.
ANTICIPATED SCHEDULE: late 2002
AFFECTED PARTIES: providers of licensed residential child care services.
CHAPTER XX:
Preadmission Assessment and Resident Review (PASRR) Program
STATUTORY AUTHORITY: 42 CFR Ch IV, Subpart C (§483.100 et seq.).
PURPOSE: This rule establishes time frames for the completion of Level
I screens and Level II assessments required by the Preadmission Assessment
and Resident Review (PASRR) Program. Participation in the PASRR program
is required of all nursing facilities that participate in the Medicaid
program.
ANTICIPATED SCHEDULE: fall 2002
AFFECTED PARTIES: nursing facilities, persons seeking admission to
nursing facilities
AGENCY UMBRELLA-UNIT
NUMBER: 14-197
AGENCY NAME: Department of Behavioral and Developmental Services
CONTACT PERSON:
Nancy Christensen, Director, Special Projects, 40 State House Station,
Augusta ME 04333 287-7368
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none
EXPECTED 2002-2003
RULE-MAKING ACTIVITY:
CHAPTER 5:
Regulations Governing the Use of Restraints in Community Settings
STATUTORY AUTHORITY: 34 B §5605 et seq., CAB v Duby
PURPOSE: These regulations apply to emergency and behavioral intervention
procedures in community settings for persons with mental retardation.
ANTICIPATED SCHEDULE: winter 2002
AFFECTED PARTIES: providers of services to persons with mental retardation,
persons with mental retardation.
CHAPTER 3:
Definition of Mental Retardation Appeal Procedure
STATUTORY AUTHORITY: 34B MRSA è5465
PURPOSE: These regulations are utilized by the Department as part
of its process for the provision of services to persons with mental
retardation.
ANTICIPATED SCHEDULE: Spring 2003
AFFECTED PARTIES: persons with mental retardation
CHAPTER XX:
Preadmission Assessment and Resident Review (PASRR) Program
STATUTORY AUTHORITY: 42 CFR Ch IV, Subpart C (§483.100 et seq.).
PURPOSE: This rule establishes time frames for the completion of Level
I screens and Level II assessments required by the Preadmission Assessment
and Resident Review (PASRR) Program. Participation in the PASRR program
is required of all nursing facilities that participate in the Medicaid
program.
ANTICIPATED SCHEDULE: fall 2002
AFFECTED PARTIES: nursing facilities, persons seeking admission to
nursing facilities
CHAPTER XX:
NEW
Regulations Governing Adult Protective Assessments & Investigations
for Persons with Mental Retardation or Autism
STATUTORY AUTHORITY: 34-B M.R.S.A. §3470
PURPOSE: This policy governs investigations by the Department of Behavioral
and Developmental Services arising from allegations of abuse, neglect
or exploitation of incapacitated or dependent adults with mental retardation
or autism.
CHAPTER XX:
NEW
Reporting, Investigation and Review of Reportable Events
STATUTORY AUTHORITY: 18-A M.R.S.A. Secs. 1-201, 5-101, 5-312, 5-601,
5-606, 5-607; 22 M.R.S.A. Secs. 3025, 3026, 3028, 3427, 3471-73, 3477-78,
3480, 3483, 3486, 7921-24; 29A M.R.S.A. Sec 2081; 34-B M.R.S.A. Secs.
1205, 3003, 3803, 3832, 5480, 5001, 5461, 5601-06
PURPOSE: This policy establishes uniform procedures and forms for
documenting, reporting, investigating and reviewing events that have
or may have an adverse impact upon the safety, welfare, rights or
dignity of adults with mental retardation or autism.
AGENCY UMBRELLA-UNIT
NUMBER: 14-472
AGENCY NAME: Department of Behavioral and Developmental Services
CONTACT PERSON:
Nancy Christensen, Director, Special Projects, 40 State House
Station, Augusta ME 04333 287-7368
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER 3:
Emergency regulations governing timeliness standards for in-home
behavioral health and case management services under Medicaid
STATUTORY AUTHORITY: 34-B M.R.S.A. §1203
PURPOSE: This policy implements the court-approved settlement agreement
reached in Risinger v. Maine Department of Human Services and establishes
timeliness standards for the provision of in-home behavioral health
services under Maine Care Manual, Chapter II, Sections 65.04-3(H)
and 24.01-2, as well as for case management services under Maine Care
Manual, Chapter II, Section 13.12.
EXPECTED 2002-2003 RULE-MAKING ACTIVITY:
CHAPTER 3:
Regulations governing timeliness standards for in-home behavioral
health and case management services under Medicaid NEW
STATUTORY AUTHORITY: 34-B M.R.S.A. §1203
PURPOSE: This policy implements the court-approved settlement agreement
reached in Risinger v. Maine Department of Human Services and establishes
timeliness standards for the provision of in-home behavioral health
services under Maine Care Manual, Chapter II, Sections 65.04-3(H)
and 24.01-2, as well as for case management services under Maine Care
Manual, Chapter II, Section 13.12.
ANTICIPATED SCHEDULE: summer 2002
AFFECTED PARTIES: providers of children's case management and in-home
behavioral support services
CHAPTER 1
TITLE: Rights of Recipients of Mental Health Services Who are Children
in Need of Treatment
STATUTORY AUTHORITY: 34-B M.R.S.A. §§ 3003 and 15002
PURPOSE: The purpose of these rules is to articulate the rights of
recipients of services who are children in need of treatment so that
these rights may be enhanced and protected.
ANTICIPATED SCHEDULE: early 2003
AFFECTED PARTIES: all facilities providing impatient psychiatric services
and to all agencies, facilities or programs providing inpatient, residential
or outpatient mental health services which are licensed, funded or
contracted by either the Department of Mental Health, Mental Retardation,
and Substance Abuse Services or the Department of Human Services,
including state operated institutes and facilities.
CHAPTER XX
TITLE: Rules Governing the Provision of Case Management and In-Home
Support Services to Children with Mental Retardation
STATUTORY AUTHORITY: 34B MRSA §1203-A
PURPOSE: These rules establish basic requirements for the provision
of the named services, to ensure the health and welfare of the children
receiving the services.
ANTICIPATED SCHEDULE: early 2003
AFFECTED PARTIES: Providers of named services, children and parents
who utilize named services.
