MaineCare Notice of Agency Rule-making Proposal, MaineCare Benefits Manual, Chapter I, Section 1,

The Division of Policy posts all proposed and recently adopted rules on MaineCare’s Policy and Rules webpage. This website keeps the rules on file until they are finalized and until the Secretary of State website is updated to reflect the changes. The MaineCare Benefits Manual is available on-line at the Secretary of State’s website.

Below, please find a MaineCare Notice of Agency Rulemaking Proposal. You can access the complete rule at http://www.maine.gov/dhhs/oms/rules/index.shtml.

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Notice of Agency Rule-making Proposal

 

AGENCY: Department of Health and Human Services, MaineCare Services, Division of Policy

CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual (MBM) [Ch. I, Sec. 1, General Administrative Policies and Procedures]

TYPE OF RULE: Routine Technical

PROPOSAL FILING NUMBER: 2026-P195

BRIEF SUMMARY: This rulemaking is proposed via two, simultaneous private citizen petitions submitted to the Office of MaineCare Services (OMS) on June 23, 2026, to adopt or modify a rule. The petitioners provided the specific rule changes proposed here as part of their petitions. Under 5 M.R.S. § 8055, the Department of Health and Human Services (Department) is required to initiate rulemaking proceedings on the petitioners’ proposals within 60 days because each petition was signed by 150 or more registered voters. Because the Department may only propose one set of amendments to a rule at any given time, this rulemaking combines the two petitioned rule amendments into a single rulemaking.

The proposed rule would amend Chapter I, Section 1 of the MaineCare Benefits Manual (MBM) to require the Department to conduct in-person, On-Site Reviews and On-Site Inspections of MaineCare provider business or service locations and authorize the Department to impose sanctions when a provider fails to permit access to the Department for such On-Site Visit, Review, or Inspection. The proposed rule would require the Department to suspend a MaineCare provider’s claims payments, under defined criteria, and to escrow withheld payments upon notice of improper payment with the issuance of a Payment Suspension and Escrow Order (PSEO). The rule proposes to escrow such suspended and hold payments until a final determination is made as to the existence and amount of any improper payment. The petitioners also propose that the Department require providers under payment suspension to continue to deliver medically necessary covered services to current MaineCare members.

The petitioners also propose that the Department work with the Centers for Medicare & Medicaid Services to obtain any necessary approvals to amend the State Plan to enact these reforms.

PUBLIC HEARING: The Department will hold a combined in-person and remote (via Zoom) public hearing.

Date and time: Thursday, September 10, 2026, 8:30 AM to 11:30 AM

Location: State Office Building, Conference Rooms A and B, 109 Capitol Street, Augusta, ME

Zoom Meeting Link: https://mainestate.zoom.us/j/82472273200

COMMENT DEADLINE: Sunday, September 20, 2026

CONTACT PERSON FOR THIS FILING:

Heather Pelletier, MaineCare Policy Manager

Office of MaineCare Services

11 State House Station, 109 Capitol Street

Augusta, ME. 04333-0011

heather.pelletier@maine.gov

 

TEL: (207) 624-4074, Fax: (207) 287-6106 TDD/TTY: 711