Sec. 5. Rule amendment regarding the definition of "significant change." Resolved: That the Department of Human Services shall amend the rules regarding Medicaid and state-funded long-term care programs to define "significant change" according to this section. "Significant change" must be defined as meaning a major change that impacts one area of functional health status and that requires multidisciplinary review or revision of the plan of care. The occurrence of a significant change must require a significant change assessment if there is a consistent pattern of change with at least one area of improvement or decline. Rules adopted pursuant to this section must take effect by October 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. 6. Rule amendment regarding the homebound requirement. Resolved: That the Department of Human Services shall amend the rules regarding Medicaid and state-funded long-term care programs in order to eliminate the homebound requirement. This will bring Maine into compliance with actions taken by the federal Department of Health and Human Services, Health Care Financing Administration. Rules adopted pursuant to this section must take effect by October 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. 7. Rule amendment regarding home care programs. Resolved: That the Department of Human Services shall review and amend Chapter 5, Bureau of Elder and Adult Services Policy Manual in order to eliminate the informal conference. Rules adopted pursuant to this section must take effect February 1, 2002. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A; and be it further

Sec. 8. Report to the Legislature on labor force initiatives. Resolved: That, by February 1, 2002, the Department of Human Services shall report the status of efforts to create career ladders and address labor shortage issues, including, but not limited to, the use of appropriated funds to increase wages

for home care workers as set out in Public Law 1999, chapter 731, Part BBBB, section 16, to the Joint Standing Committee on Health and Human Services; and be it further

Sec. 9. Rule amendment regarding long-term care programs. Resolved: That the Department of Human Services shall review and amend its rules regarding Medicaid long-term care programs and the state-funded long-term care programs to ensure that consumers will receive an unscheduled reassessment if the consumer's informal caregivers can no longer provide needed care. Rules adopted pursuant to this section must take effect February 1, 2002. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A; and be it further

Sec. 10. Improving the availability of home and community-based health and social services for elderly and disabled adults. Resolved: That the Department of Human Services shall review and amend Chapter 5, Bureau of Elder and Adult Services Policy Manual to ensure that programs providing community support or home care services for adults who would otherwise be at risk for institutional placement do not contain barriers to eligibility or services as a consumer's health or functional ability declines. Rules adopted pursuant to this section must take effect February 1, 2002. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.

SUMMARY

This resolve requires the Department of Human Services to review and amend the rules of the Medicaid and state-funded long- term care programs regarding the right to appeal, the computation of time periods, the date of receipt of notices, appeal requests, the definition of "significant change," significant change assessments and the homebound requirement. Other issues covered by these rule changes include the informal conference in home care programs, a report on labor force initiatives, unscheduled reassessments and barriers to eligibility and services. All rules adopted pursuant to this bill will be major substantive rules, requiring legislative review.