Notice of Statewide Transition Plan (STP) for Home and Community-Based Services (HCBS) Settings

March 2, 2020

AGENCY:

Department of Health and Human Services, Office of MaineCare Services

RULE TITLE OR SUBJECT:

The U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) has published regulations that define the settings in which it is permissible for states to pay for Medicaid HCBS services. The Statewide Transition Plan is required as part of ensuring Maine comes into full compliance with the federal regulations.

This initial STP describes the state's overall strategies, processes, and resources it will deploy to complete all efforts necessary to come into full compliance with the federal regulations by the end of the transition period afforded to the state. The STP is intended to serve as the states roadmap for implementing the federal HCBS rule and outlines a detailed work plan and timeline for ensuring that all settings in which HCBS services are provided comply with the new standards by March 2022.

WAIVERS:

The following waivers are subject to the new federal and state requirements within CMS 2249-F/CMS 2296-F:

  • Section 18, Home- and Community-Based Services for Adults with Brain Injury (ME 1082)
  • Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities (ME 0276)
  • Section 20, Home and Community Services for Adults with Other Related Conditions (ME 0995)
  • Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder (ME 0159)
  • Section 29, Support Services for Adults with Intellectual Disabilities or Autistic Disorder (ME 0467).

SUMMARY:

The Maine Department of Health and Human Services, pursuant to the requirements of the Centers for Medicare and Medicaid Services (CMS) Home- and Community-Based Services (HCBS) Rule at 42 CFR 441.301(c)(6), gives notice that the revised Maine HCBS Statewide Transition Plan has been released for a 30-day public comment period. The full public notice and revised Maine HCBS Statewide Transition Plan are available online at www.maine.gov/dhhs/oms/rules/transition-plan.shtml. The revised Maine HCBS Statewide Transition Plan will be submitted to CMS in April 2020 and will be effective upon CMS approval.

For the aspects of the rule that apply to HCBS settings, states have until March 2022 to ensure alignment of the states policies, programs, and provider settings with the federal settings criteria. States must submit a Statewide Transition Plan (STP) that describes the states overall strategies, processes, and resources it will deploy to complete all implementation efforts by the end of the transition period. The STP is also intended to serve as the states roadmap for implementing the federal HCBS rule with fidelity and outlines a detailed work plan and timeline for ensuring that all settings in which HCBS services are provided comply with the new standards by March 2022. The State of Maine is deeply committed to implementing the federal HCBS requirements with fidelity, and is using the rule as a catalyst for implementing other improvements to policy, payment, and practice associated with Medicaid-funded HCBS in an effort to improve access to and quality of HCBS services and options throughout the state. As such, the state has been working with stakeholders on several additional systems change efforts that complement the vision of the federal HCBS rule.

STATUTORY AUTHORITY:

42 CFR 441.301(c)(6)

Public Hearing:


Date: March 12, 2020
Time: 1:00 p.m.
Location: DHHS, 109 Capitol Street, Room A/B, Augusta, ME 04333

The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before March 6, 2020.

The Department welcomes public comments on the Maine HCBS Statewide Transition Plan. Comments may be submitted:

  • In writing to the agency contact person listed below; or
  • OMS rulemaking mailbox; or
  • HCBS.DHHS@maine.gov

DEADLINE FOR COMMENTS:

Comments must be received by 11:59 p.m. on March 31, 2020.

AGENCY CONTACT PERSON:

Thomas Leet

AGENCY NAME:

Office of MaineCare Services

ADDRESS:

109 Capitol Street
11 State House Station
Augusta, Maine 04333
Thomas.Leet@maine.gov

Telephone: (207) 624-4068 FAX: (207) 287- 1864
TTY: Maine relay 711 (deaf or Hard of Hearing