LD 1677
pg. 141
Page 140 of 149 An Act To Make Supplemental Appropriations and Allocations for the Expenditures... Page 142 of 149
Download Bill Text
LR 2150
Item 1

 
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.

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I, §10, is repealed and the following enacted in its place:

 
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.

 
PART T

 
Sec. T-1. 36 MRSA §2551, sub-§1-B is enacted to read:

 
1-B.__Day habilitation services.__"Day habilitation services"
means services:

 
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

 
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.

 
"Day habilitation services" includes only those services provided
by designated agencies under a contract with the Department of
Health and Human Services.

 
Sec. T-2. 36 MRSA §2551, sub-§7-A is enacted to read:

 
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:


Page 140 of 149 Top of Page Page 142 of 149