Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL) › Chapter I - Specific Policies By Service › Sec2 144-101-I-5 - COVID-19 Public Health Emergency Services › Subsection 144-101-I-5.01 - INTRODUCTION

Current through 2024-29, July 17, 2024
On January 31, 2020, the Secretary of the United States
						Department of Health and Human Services (the "Secretary") declared a public
						health emergency (the "Public Health Emergency") due to COVID-19. On March 13,
						2020, the President of the United States issued a proclamation that the
						COVID-19 outbreak in the United States constitutes a national emergency (the
						"Federal Proclamation of Emergency"). On March 13, 2020, pursuant to Section
						1135(b) of the Social Security Act (the "Act"), the Secretary invoked his
						authority to waive or modify certain requirements of titles XVIII, XIX, and XXI
						of the Act as a result of the consequences of the COVID-19 pandemic, to the
						extent necessary, as determined by the Centers for Medicare & Medicaid
						Services (CMS). The waivers and modifications of the Act shall no longer be in
						effect upon termination of either the Public Health Emergency or the Federal
						Proclamation of Emergency, including any extensions.
Maine Governor Janet T. Mills proclaimed a state of
						emergency due to COVID-19 on March 15, 2020, which was extended by further
						proclamation on April 14, 2020. On April 28, 2020, the Governor issued
						Executive Order No. 48 FY 19/20,
An Order Modifying Certain Procedural
						Requirements for Emergency Rulemaking to Maximize Federal COVID-19 Funding for
						MaineCare
(the "Executive Order"). Pursuant to
						5 M.R.S. §§
												8054 and
						8073,
						and the Executive Order, this single emergency rulemaking implements temporary
						changes to various sections of the MaineCare Benefits Manual (MBM) in order to
						expedite and improve access to medical care for MaineCare members in light of
						the substantial public health threat posed by COVID-19. The following sections
						of MaineCare policy are affected by this rulemaking: Ch. 1, Section 1 (General
						Administrative Policies and Procedures); Ch. I, Section 4 (Telehealth
						Services); Ch. II, Section 17 (Community Support Services); Chs. II and III,
						Section 31 (Federally Qualified Health Center Services); Chs. II and III
						Section 40 (Home Health Services); Chs. II and III, Section 45 (Hospital
						Services); Ch. II, Section 55 (Laboratory Services); Ch. II, Section 60
						(Medical Supplies and Durable Medical Equipment); Chs. II and III, Section 65
						(Behavioral Health Services); Ch. II, Section 67 (Nursing Facility Services);
						Ch. II, Section 80 (Pharmacy Services); Ch. II, Section 90 (Physician
						Services); Ch. II, Section 94 (Early and Periodic Screening, Diagnostic and
						Treatment Services (EPSDT)); Chs. II and III, Section 96 (Private Duty Nursing
						and Personal Care Services); Chs. II and III, Section 97 (Private Non-Medical
						Institution Services); Ch. II, Section 101 (Medical Imaging); Chs. II and III,
						Section 103 (Rural Health Clinic Services); Ch. X, Section 1 (Benefit for
						People Living with HIV/AIDS); Ch. X, Section 3 (Katie Beckett Benefit).
In the event of conflict between the COVID-19 Public
						Health Emergency Services rule and any other MaineCare rule, the terms of this
						rule supersede other rules and shall apply.
Except as otherwise noted herein, CMS approved of these
						changes through,
inter alia
, (a) a Section 1135 Waiver,
						approved on April 7, 2020, which is generally effective March 1, 2020; (b) a
						Disaster State Plan Amendment (SPA), approved April 24, 2020, which is
						generally effective March 1, 2020; and (c) various blanket waivers of the Act
						and CMS guidance regarding same.
Unless otherwise noted herein, these
						changes shall be effective retroactive to March 18, 2020.
The Executive Order suspended and modified the relevant
						provisions of the MAPA in order for these rule changes to:
(1) remain in effect until the later of the
					 end of the Federal Proclamation of Emergency or the end of CMS's approval of
					 the MaineCare program changes, even if that period exceeds ninety days; and
(2) automatically repeal upon
					 termination of the Federal Proclamation of Emergency or the end of CMS's
					 approval of the MaineCare program changes (whichever is later), without further
					 rulemaking by the Department.