An Act To Make MaineCare Rules Pertaining to Global Home and Community-based Services Waiver Programs and Person-centered Planning and Settings Major Substantive Rules
Maine Legislature, Session 130, LD 1773
Committee: Health and Human Services
Sponsors: CRAVEN, ARFORD, MADIGAN, MEYER, CLAXTON
Amends: 22 MRSA §3197

Legislative Document
No. 1773
H.P. 1324
House of Representatives, December 2, 2021
An Act To Make MaineCare Rules Pertaining to Global Home and 
Community-based Services Waiver Programs and Person-centered 
Planning and Settings Major Substantive Rules
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on November 30, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CRAVEN of Lewiston.
Cosponsored by Representatives: ARFORD of Brunswick, MADIGAN of Waterville, MEYER 
of Eliot, Senator: CLAXTON of Androscoggin.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Health and Human Services proposed new routine 
technical rules relating to global home and community-based services waiver programs and 
person-centered planning and settings in order to implement certain federal requirements 
relating to home and community-based waiver programs; and
Whereas, the proposed rules affect adult MaineCare members with physical 
disabilities and adults who are elderly who are receiving MaineCare services under a 
waiver granted by the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services; and
Whereas, the Legislature has an important role in ensuring that rules adopted by the 
Department of Health and Human Services maintain access to services for adults with 
disabilities and adults who are elderly; and
Whereas, the proposed rules make major changes that warrant legislative 
involvement and oversight as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3197 is enacted to read:
§3197.  Rulemaking relating to certain federal requirements for home and 
community-based services
The department shall adopt rules governing home and community-based services for 
an adult MaineCare member with a physical disability or an adult who is elderly who is 
receiving MaineCare services under a waiver granted by the federal Department of Health 
and Human Services, Centers for Medicare and Medicaid Services to implement the federal 
requirements of Section 1915(c) of the United States Social Security Act relating to person-
centered planning, requirements to facilitate an individual’s dignity and individual choice, 
requirements for provider-owned or provider-controlled residential settings, provider 
qualifications and department oversight and enforcement.  Notwithstanding sections 42 and 
3173 and any other provision of law to the contrary, rules adopted pursuant to this section 
before January 1, 2023 are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.  After January 1, 2023, rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Department of Health and Human Services may not adopt routine 
technical rules to implement Section 1915(c) of the United States Social 
Security Act.  Except as provided in the Maine Revised Statutes, Title 22, section 3197, 
the Department of Health and Human Services may not adopt or enforce the routine 
technical rules proposed on August 10, 2021 to be adopted as the department’s rule 10-144 
C.M.R. Chapter 101: MaineCare Benefits Manual, Chapter I, Section 6, Global HCBS 
Waiver Person-Centered Planning and Settings Rule. 
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill designates rules adopted by the Department of Health and Human Services 
before January 1, 2023 relating to implementing the federal requirements of Section 
1915(c) of the United States Social Security Act for certain home and community-based 
services as major substantive rules.  It prohibits the Department of Health and Human 
Services from adopting or enforcing the routine technical rules proposed on August 10, 
2021 relating to these home and community-based services.  The rules apply to an adult 
MaineCare member with a physical disability or an adult who is elderly who is receiving 
MaineCare services under a waiver granted by the federal Department of Health and 
Human Services, Centers for Medicare and Medicaid Services and are intended to include 
individuals receiving services under the MaineCare Benefits Manual, Chapter II, Sections 
18, 19, 20, 21 and 29.