| | | 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 | | I, §10, is repealed and the following enacted in its place: |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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