| | 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 |
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| | 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. |
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| | 1. The time period begins the day after the date of the act | or failure to act. |
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| | 2. If the time period ends on a Saturday, Sunday or holiday, | the time period ends on the next business day. |
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| | 3. If the time period is less than 7 days, Saturday, Sunday | and legal holidays do not count. |
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| | 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 |
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| | 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. |
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| | 1. If the notice is delivered by hand, the date of receipt is | the date of delivery. |
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| | 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. |
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| | 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 |
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| | 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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