LD 640
pg. 1
LD 640 Title Page Resolve, to Ensure Consumer Access to Home Care Services Page 2 of 2
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LR 975
Item 1

 
Sec. 1. Rule amendment regarding rights to appeal. Resolved: That the
Department of Human Services shall review and amend the rules
regarding the home care program in order to give consumers 60
days to appeal a determination, reduction, termination or denial
of benefits. The department must consider whether to grant to
consumers appeal rights comparable to the Medicaid program.
Rules adopted pursuant to this section are major substantive
rules as defined by the Maine Revised Statutes, Title 5, chapter
375, subchapter II-A; and be it further

 
Sec. 2. Rule amendment regarding the computation of time. Resolved: That the
Department of Human Services shall review and amend the rules
regarding the home care program to compute time as follows.

 
1. The time period begins the day after the date of the act
or failure to act.

 
2. If the time period ends on a Saturday, Sunday or holiday,
the time period ends on the next business day.

 
3. If the time period is less than 7 days, Saturday, Sunday
and legal holidays do not count.

 
Rules adopted pursuant to this section take effect September
1, 2001. Rules adopted pursuant to this section are major
substantive rules as defined by the Maine Revised Statutes, Title
5, chapter 375, subchapter II-A; and be it further

 
Sec. 3. Rule amendment regarding date of receipt of notices. Resolved: That the
Department of Human Services shall amend the rules regarding the
home care program and the Medicaid program to incorporate the
following requirements regarding the determination of date of
receipt of notices of reduction, termination or denial of
benefits.

 
1. If the notice is delivered by hand, the date of receipt is
the date of delivery.

 
2. If the notice is mailed, the date of receipt is presumed
to be 3 days after the date on the notice unless there is
evidence to the contrary.

 
Rules adopted pursuant to this section are major substantive
rules as defined by the Maine Revised Statutes, Title 5, chapter
375, subchapter II-A; and be it further

 
Sec. 4. Rule amendment regarding appeal requests. Resolved: That the
Department of Human Services shall amend the rules regarding
Medicaid and state-funded long-term care programs


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