MaineCare Proposes Rule Changes for Nursing Facilities Principles of Reimbursement

In June, the Maine Department of Health and Human Services, Office of MaineCare Services announced proposed rule changes to 10-144 C.M.R., Chapter 101, Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities. A public hearing was held on July 13th. MHCA President/ CEO Angela Westhoff testified on the rule changes and noted a number of positive changes and several items of concern. She also sought clarification on the minimum occupancy penalty which had been previously waived during the public health emergency. She asked for the State to either consider continuing of the waiver or not reinstating it to its full capacity given that nursing facilities are still grappling with a force crisis of epic proportions and occupancy recovery is still not back to pre-pandemic levels. 
Other noteworthy items include a change from 50% to 100% the percentage of the amount owed that nursing facilities must pay when the Division of Audit determines, from the as-filed cost report, that the nursing facility owes money to the Department; adding health savings accounts and flexible spending accounts to the list of Direct Care Cost Components; adding background checks and software costs and licensing fees to the list of allowable costs for the routine component of the rate (we recommended it be fixed cost); proposed language changes to allowable interest expenses being related to patient care; and proposed changes to the classification of purchased central office services.
A full copy of the proposed rule changes can be found here:
Written comments will be received until 11:59 PM on July 24, 2023. For more information, contact Derrick Grant, MaineCare Policy, 109 Capitol Street, Augusta, ME or email:
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