Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL)
Chapter I - Specific Policies By Service
Sec2 144-101-I-6 - Global HCBS Waiver Person-Centered Planning and Settings Rule
Subsection 144-101-I-6.05 - SETTINGS THAT ARE NOT HOME AND COMMUNITY-BASED
Current through 2024-38, September 18, 2024
HCBS waiver services may not be offered in the following settings:
A. A nursing facility;
B. An institution for mental diseases;
C. An intermediate care facility for individuals with an intellectual disability ("ICF-IID");
D. A hospital; or
E. Any other locations that have qualities of an institutional setting. Any setting that is located in a building that is also a publicly or privately operated facility that provides inpatient institutional treatment, or in a building on the grounds of, or immediately adjacent to, a public institution, or any other setting that has the effect of isolating Members from the broader community of individuals not receiving HCBS waiver services, will be presumed to be a setting that has the qualities of an institution, unless CMS has determined that the setting does not have the qualities of an institution and that the setting does have the qualities of HCBS settings.
