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14
Department of Behavioral and Developmental Services
2002-2003 Regulatory Agenda


14-118 - Office of Substance Abuse
The Department - General
14-193
14-197 - Mental Retardation Services
14-472 - Children's Services


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.


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