Notice of Agency Rulemaking Proposal

AGENCY: Department of Health and Human Services, Office of Aging and Disability Services

CHAPTER NUMBER AND TITLE: 14-197 C.M.R. - Office of Aging and Disability Services Policy Manual, Ch. 8, Grievance Process for Persons with an Intellectual Disability, Autism Spectrum Disorder, or an Acquired Brain Injuries

This rule establishes the procedures by which a recipient of services with an intellectual disability, autism spectrum disorder, or an acquired brain injury may grieve and seek resolution of complaints regarding the actions or inactions of the Department or providers.

The Department is proposing to update and clarify requirements for its grievance procedure rule. Specifically, this rule provides individuals with an acquired brain injury the right to submit a grievance in conformance with P.L. 2021, ch. 284, An Act to Improve the Rights and Basic Protections of Persons with Acquired Brain Injuries, ?? A-2, A-8. This rule revises the definition of grievance and provides new deadlines for the resolution of grievances and includes a six-month savings clause for grievances that accrued prior to the effective date of the proposed rule. ?Further, the Department is proposing to clarify the grievance procedure for a person receiving services if an individual has a grievance against his or her case manager. This rule also clarifies the role of Maine?s Protection and Advocacy Agency and affords the Commissioner discretion whether to issue an Order of Reference when an administrative hearing is requested, and thus reserve the final decision for herself.

Date, time and location of PUBLIC HEARING (if any): Thursday, July 14, 2022, at 10 a.m.

This hearing will be held virtually via Zoom. Anyone wishing to attend should email Hilary Gove at [email protected] to register. A Zoom link will be sent following registration. The Department requests that any interested party requiring accommodations to attend the hearing contact Hilary Gove at[email protected] prior to Thursday, July 7, 2022.

Written comments may be submitted by mail, email, or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include the name of the commenter and the organization represented, if any.

CONTACT PERSON FOR THIS FILING (include name, mailing address, telephone, fax, TTY, email):

STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. ? 206(4); 34-B M.R.S. ??5604(3)

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