MaineCare Notice of Agency Rulemaking Proposal: MaineCare Benefits Manual, Chapters II and III, Section 28
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, Office of MaineCare Services
CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Chapter 101: (1) Chapter II, Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations; (2) Chapter III, Section 28, Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations; and (3) Chapter II, Section 28, Adaptive Behavior Services for Children.
TYPE OF RULE: Routine Technical
PROPOSAL FILING NUMBER:
BRIEF SUMMARY: The Department of Health and Human Services (the “Department”) proposes to repeal Chapter II, Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations and Chapter III, Section 28, Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations, because these rules contain outdated, ambiguous, and inaccurate provisions. The Department further proposes to replace the repealed rules with a new rule, Chapter II, Section 28, Adaptive Behavior Services for Children, to update and clarify provisions, simplify the rule, change the service names, improve provider understanding and compliance, and to assure compliance with the state of Maine’s December 20, 2024, settlement agreement with the U.S. Department of Justice regarding children’s behavioral health services (U.S. Dist. Ct. (D. Me.), Case No. 1:24-cv-00315-SDN). The new Chapter II will also include a description of the reimbursement methodology for Section 28 services. The rates for services covered under Chapter II, Section 28, Adaptive Behavior Services for Children will be posted on the Department’s website in accordance with 22 M.R.S. § 3173-J(7).
PUBLIC HEARING: The Department will hold a combined in-person and remote (via Zoom) public hearing.
Date and Time: Monday, February 23rd, 2026, at 11:00 a.m.
Location: State Office Building, Conference Rooms A and B, 109 Capitol Street, Augusta, ME
Zoom Meeting link: https://mainestate.zoom.us/j/85875115757
Meeting ID: 858 7511 5757
COMMENT DEADLINE: Comments must be received by 11:59 PM on Thursday, March 5th, 2026
CONTACT PERSON FOR THIS FILING:
Taylor Fey, Policy Writer
Office of MaineCare Services
109 Capitol Street, 11 State House Station
Augusta, Maine 04333-001
(207) 624-4086
FAX: (207) 287-1864
TTY: 711 (Deaf or Hard of Hearing)
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. § 42; 22 M.R.S § 3173-J
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dhhs/oms