SUBJECT: Repeal of 14-197 C.M.R. Chapter 3 Definition of Mental Retardation and Autism; Appeal Procedure and replace with 10-149 C.M.R. Chapter 5 § 2 Developmental Disability Services for Adults with an Intellectual Disability or Autism Spectrum Disorder.

PROPOSED RULE: 10-149 CMR Chapter 5 § 2 Developmental Disability Services for Adults with an Intellectual Disability or Autism Spectrum Disorder.

This memo gives notice of proposed rulemaking re: Developmental Disability Services for Adults with an Intellectual Disability or Autism Spectrum Disorder.

This proposed rule previously was the subject of a public hearing, held on August 14, 2024, and a public comment period that closed on August 24, 2024. Following and more than fourteen days after the close of public comments, the Department decided to substantively amend the proposed eligibility criteria for developmental disability services set forth in the proposed rule in §§ 2.04-3(A) (for persons with an intellectual disability) and 2.04-3(B) (for persons with Autism Spectrum Disorder). Because of these changes, the Department determined that it should elicit additional public comment on the proposed rulemaking.

As noted prior to the August 14, 2024, public hearing, the purpose of the rulemaking is to clarify the application of Developmental Disability Services available at OADS that are supported exclusively with state funds. The rule also shifts away from being a description of the client intake and eligibility determination processes, which are internal to the agency, and instead clearly explains the services available to applicants deemed eligible for Developmental Disability Services at OADS.

When the Department finds an individual eligible for Developmental Disability Services, there are certain noticing requirements which are clearly stated. The option to appeal the Department’s eligibility determination is brought into alignment with the Department’s standard fair hearing process, clarifying the Department’s role in the fair hearing process. Finally, this rule implements a clear timeliness standard for the fair hearing process and updates the requirements for confidentiality.

The regulations of the Office of Aging and Disability Services (OADS) are currently divided into two Chapters: 10-149 (formerly the Office of Elder Services) and 14-197 (formerly the Office of Adults with Cognitive and Physical Disability Services). OADS is in the process of combining these two former State agency policy manuals into one by eliminating use of 14-197 and creating a single comprehensive OADS Policy Manual under 10-149. This rulemaking repeals the current 14-197 Chapter 3 and replaces that with 10-149, Chapter 1, Section 2: Developmental Disability Services. The rule also contains many formatting corrections, ensures use of gender-neutral language, and includes many clarifying edits.

The Department is providing notice that the rule will be repealed and replaced to better reflect current terminology, the practices of the programs, and to bring the rule into compliance with 34-B M.R.S § 5467.

Rules and related rulemaking documents may be reviewed at, or printed from, the Department rulemaking website at https://www.maine.gov/dhhs/about/rulemaking or for a fee, interested parties may request a paper copy of rules by calling (207) 287-7055 or Maine Relay number 711.

A concise summary of the proposed rule is provided in the Notice of Agency Rulemaking Proposal, which can be found at http://www.maine.gov/sos/cec/rules/notices.html. This notice also provides information regarding the rulemaking process. Please address all comments to the agency contact person identified in the Notice of Agency Rulemaking Proposal.