‘Resolve, To Direct the Department of Health and Human Services To Amend Its Rules for Eligibility for Community Support Services’

‘Sec. 1. Department of Health and Human Services to amend eligibility criteria for community support services. Resolved: That, no later than January 15, 2020, the Department of Health and Human Services shall amend its rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services concerning eligibility criteria for services under that section. The department shall include in the eligibility determination an assessment of whether an individual has significant impairment or limitation in adaptive behavior or functioning related to the individual's primary clinical diagnosis. The department shall also consider:

1. Including in the list of clinical diagnoses that are automatically eligible for services additional clinical diagnoses of conditions that substantially interfere with or limit one or more major life activities; and

2. Expanding the situations in which an individual might be at risk of harm if the individual were to have future episodes related to the individual's primary clinical diagnosis.

Sec. 2. Report. Resolved: That the Department of Health and Human Services shall report to the Joint Standing Committee on Health and Human Services by January 15, 2020 on the rulemaking process, proposed and provisionally adopted rules and justification for the adoption of the proposed rules as provided in section 1. The Joint Standing Committee on Health and Human Services may report out legislation to the Second Regular Session of the 129th Legislature regarding the subject matter of the rules adopted in Chapter 101: MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services as provided in section 1.’