| B.__A determination under rules adopted pursuant to | subsection 3 that a drug or category of drug is not covered | by the MaineCare program is a final agency action subject to | review under the Maine Administrative Procedure Act. |
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| | Sec. S-3. 22 MRSA §3174-M, sub-§3, as enacted by PL 1993, c. 410, Pt. | I, §10, is repealed and the following enacted in its place: |
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| | 3.__Procedures; emergency.__The department may adopt routine | technical rules as necessary to ensure a 96-hour supply of | medication is available to a patient in emergency situations.__ | Any drug provided under this emergency procedure is considered a | Medicaid-covered service pending departmental action. |
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| | Sec. T-1. 36 MRSA §2551, sub-§1-B is enacted to read: |
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| | 1-B.__Day habilitation services.__"Day habilitation services" | means services: |
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| A.__That are provided by community-based agencies to | children or adults with mental retardation and include | assistance with the acquisition, retention or improvement of | self-help, socialization and adaptive living skills; and |
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| B.__That take place in a nonresidential setting separate | from the home or facility in which the child or adult | resides, except when a physician has ordered that such | services be provided in the child's or adult's home, and | focus on enabling the child or adult to attain or maintain | maximum functional levels. |
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| "Day habilitation services" includes only those services provided | by designated agencies under a contract with the Department of | Health and Human Services. |
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| | Sec. T-2. 36 MRSA §2551, sub-§7-A is enacted to read: |
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| | 7-A.__Personal support services.__"Personal support services" | means services provided to children or adults with mental | retardation, including direct assistance with eating, bathing, | dressing, personal hygiene and other activities of daily living. | These services include only those services provided by designated | agencies under a contract with the Department of Health and Human | Services and: |
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