OFFICE OF AGING AND DISABILITY SERVICES RULEMAKING

This message provides notice of rulemaking by the Office of Aging and Disability Services.

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

During the comment period, please submit written comments to the agency contact person identified below for this filing. Email submissions are encouraged. Interested parties may request a paper copy of this proposed rule by calling (207) 287-7055 or Maine Relay number 711.

Additional information regarding the rulemaking process and weekly rulemaking updates can be found on the Secretary of State website.

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

CHAPTER NUMBER AND TITLE: Title 14-197, Chapter 5 Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism Spectrum Disorder in Maine

STATUTORY AUTHORITY FOR THIS RULE: 34-B M.R.S. 34-B M.R.S. §§ 5201(9), 5605

BRIEF SUMMARY: The purpose of this existing rule is to ensure that services provided to individuals experiencing Challenging Behavior are based on positive supports strategies and adhere to the commitment to end coercion and minimize unplanned, informal and inconsistent interventions. The proposed amendment will clarify that when a Person experiencing Challenging Behavior receives MaineCare HCBS waiver services regulated, in part, under the Global HCBS Waiver rule, the provision of supports authorized under this Chapter 5 shall comply with the Global HCBS Waiver Rule.

PUBLIC HEARING: Due to the ongoing threat posed by COVID-19, DHHS has determined that its public hearings will be conducted remotely, via ZOOM. This is in accordance with the DHHS Remote Rulemakings Hearings Policy issued September 10, 2021. A virtual hearing via ZOOM with be held on December 29, 2022. To register, please use this link:

After registering, you will receive a confirmation email containing information about joining the hearing. Interpreter services will be provided during the hearing upon request.

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