An Act To Specify That Certain Rules Regarding Services to Persons with Intellectual Disabilities or Autism Are Major Substantive Rules

Sec. 1. 34-B MRSA §5006  is enacted to read:

§ 5006.  Rules regarding community-based services and reimbursement for community-based services for persons with intellectual disabilities or autism

Notwithstanding any other provision of this Title or Title 22, any rules adopted on or after August 1, 2016 by the department pursuant to any authority granted under this chapter and Title 22, chapter 855 regarding community-based services for persons with intellectual disabilities or autism and reimbursement for providers of community-based services for persons with intellectual disabilities or autism are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Rules subject to this section include, but are not limited to, rules relating to eligibility, personal planning, covered and noncovered services, limits and duration of care, member records, provider qualifications and requirements, the appeals process, reimbursement calculation and methods, provider participation requirements, provider responsibilities, record keeping and retention of financial records and billing and auditing.

summary

This bill designates as major substantive rules any rules that are adopted by the Department of Health and Human Services on or after August 1, 2016 regarding community-based services and reimbursement for providers of community-based services for persons with intellectual disabilities or autism.

This bill is submitted by the Joint Standing Committee on Health and Human Services in response to a petition filed pursuant to the Maine Revised Statutes, Title 5, chapter 377-A relating to proposed changes to Chapter 101: MaineCare Benefits Manual, Chapter II, Section 21.