Date posted:
Attachment(s):
Notice of Agency Rulemaking Proposal
AGENCY: Department of Health and Human Services, Office of MaineCare Services, Division of Policy
CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual (MBM), Ch. III, Sec. 20, Allowances for Home and Community-Based Services for Adults with Other Related Conditions
TYPE OF RULE: Major Substantive
BRIEF SUMMARY: Section 20 in the MBM authorizes home and community-based services (HCBS) under a CMS-approved Section 1915(c) waiver. The Department proposes to amend the Chapter III, Section 20 rule to establish the reimbursement methodology for new services being added under a companion, Chapter II, Section 20 rule, and to remove rates of reimbursement for all services which will now be listed in Rate Schedules on the Department’s website pursuant to 22 M.R.S. § 3177-J. The website address for current rates of reimbursement in the Department’s website and the statutory authority for this approach is stated in this proposed rule. Procedure codes, modifiers, and billable units remain in the rule, together with provisions for annual cost of living adjustments in conformance with 22 M.R.S. § 3173-J(2)(D)(3). Such cost-of-living adjustments will satisfy the requirements for direct support worker wages set forth in 22 M.R.S. § 7402(1).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
Once adopted, the proposed Chapter III, Section 20 rule will only be provisional: as a major substantive rule, Chapter III, Section 20 requires Legislative approval before it can be legally effective. Therefore, the Department anticipates also adopting an emergency Chapter III, Section 20 rule so that these methodology and rates changes will become legally effective on the same date as changes to the Chapter II, Section 20 routine technical rule becomes effective.
PUBLIC HEARING: The Department will hold a hybrid in-person and remote (via Zoom) public hearing.
Date and Time: September 15, 2026, 8:30 AM to 10:30 AM
Location: State Office Building 109 Capitol Street, Augusta, ME Conference Room(s) A & B
Zoom Meeting Link: https://mainestate.zoom.us/j/89826042240
Meeting ID: 898 2604 2240
Some devices may require downloading a free app from Zoom prior to joining the public hearing event. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 14, 2026. In addition to the public hearing, individuals may submit written comments to DHHS by the date listed in this notice.
COMMENT DEADLINE: Comments must be received by 11:59 PM on September 25, 2026.
CONTACT PERSON FOR THIS FILING:
Megan Brooks, Policy Writer
Office of MaineCare Services 11 SHS, 109 Capitol Street
Augusta, ME 04330-0011
Phone: 207-624-6965
Fax: 207-287-6106
TTY: 711 (Deaf or Hard of Hearing)
Proposed
Office: MaineCare Services
Major substantive
Email: Megan.Brooks@maine.gov; Heather.Bingelis@maine.gov
Comment deadline:
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The comment period for this rule has closed.