Resolve, Regarding Legislative Review of Portions of Chapter 101: MaineCare Benefits Manual, Chapter III, Section 21, Allowances for Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder, a Late-filed Major Substantive Rule of the Department of Health and Human Services
Maine Legislature, Session 128, LD 1205
Committee Amendment CA_A_H325 (House)

COMMITTEE AMENDMENT «A" to H.P. 841, L.D. 1205, "Resolve, Regarding 
Legislative Review of Portions of Chapter 101: MaineCare Benefits Manual, Chapter III, 
Section 21, Allowances for Home and Community Services for Adults with Intellectual 
Disabilities or Autism Spectrum Disorder, a Late-filed Major Substantive Rule of the 
Department of Health and Human Services" 
Amend the resolve in section 1 in the last line (page 1, line 20 in L.D.) by striking out 
the following: "authorized." and inserting the following: 'authorized only if: 1 
Amend the resolve in section 1 by inserting at the end the following: 
11. In Section 1050 of the rule, the definition of "per diem" is changed to: 
A. Remove the proposed requirement that a provider bill only for days on which a 
member is receiving per diem home support at 11 :59 p.m.; 
B. Clarify that there is no requirement that a provider bill only for days on which a 
member is physically present in the home at 11:59 p.m.; and 
C. Clarify that on days when a member is transitioning between providers of home 
support, only the provider providing home support services at 11:59 p.m. may bill for 
home support; and 
2. In Section 2000 of the rule, relating to audit of services provided, the proposed 
change in the documentation requirement for staffing schedules is removed so that the 
documentation requirement remains as it is in current rules, which require documentation 
showing the hours and the name of the direct staff scheduled to work at the facility.' 
SUMMARY 
This amendment provides that the Department of Health and Human Services may 
finally adopt portions of Chapter 101: MaineCare Benefits Manual, Chapter III, Section 
21, Allowances for Home and Community Services for Adults with Intellectual 
Disabilities or Autism Spectrum Disorder, a provisionally adopted major substantive rule, 
only if the rule is modified. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 841, L.D. 1205 
The first required modification is the removal of the requirement that a provider bill 
only for days on which a member is receiving per diem home support at 11 :59 p.m. The 
rule must also clarify that there is no requirement that a provider bill only for days on 
which a member is physically present in the home at 11 : 5 9, to account for times when the 
member may be temporarily away from the home, for instance on a family visit. The 
modification must also clarify that on days when a member is transitioning between 
providers of home support, only the provider providing home support at 11 :59 may bill 
for home support. 
The 2nd required modification relates to documentation for the audit of services 
provided. The proposed rule requires documentation showing the hours and the name of 
the direct staff scheduled to work with the member. The required modification returns 
the rule to the current requirement that documentation show the hours and the name of 
the direct staff scheduled to work at the facility. 
COMMITTEE AMENDMENT