Statutes, codes, and regulations
Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL)Chapter I - Specific Policies By Service
Section 144-101-I-1 - GENERAL ADMINISTRATIVE POLICIES AND PROCEDURES
Subsection 144-101-I-1.25 - MAINECARE ADVISORY COMMITTEE

C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-1, subsec. 144-101-I-1.25

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Current through 2024-46, November 13, 2024
Subsection 144-101-I-1.25 - MAINECARE ADVISORY COMMITTEE
1.25-1Definitions

The MaineCare Advisory Committee (MAC) is a committee required by Federal Statute (Section 1902(a) (22) of the Social Security Act) to advise the MaineCare agency about health and medical care services. Policy for the Committee is set forth in Section 431.12, Title 42, (Chapter IV) of the Code of Federal Regulations.

1.25-2Purposes

The MAC shall advise MaineCare Services and the Office for Family Independence of the Department of Health and Human Services on MaineCare services. The MaineCare Advisory Committee shall be given adequate opportunity for meaningful participation in policy development and program administration, including furthering the participation of beneficiary members in the MaineCare program. The advice of the Committee is not binding upon the Department.

1.25-3Members of the Committee

The Director of MaineCare Services shall appoint members of the Committee. There shall be no fewer than fifteen (15) and no more than thirty (30) members on the Committee. The Committee shall include as members:

A. Board-certified physicians and other representatives of the health professions who are familiar with the medical needs of low-income population groups and with the resources available and required for their care.
B. Members of consumers' and consumer advocacy groups, including at least two (2) Medicaid beneficiaries, and consumer organizations, such as labor unions, cooperatives, consumer-sponsored prepaid group practice plans, and others.
C. The Director of the Office for Family Independence and/or the State's public health department.

Each member shall be appointed to a three (3) year term and may be re-appointed for additional three (3) year terms after serving a full term. Appointments shall be made on a continuous and rotating basis.

1.25-4Chairperson and Subcommittees
A.Officers

The Committee shall have the following officers:

1. Chairperson The Chairperson shall be a member or member representative.
2. Vice Chairperson Officers shall have the same power to make motion and to vote as other members of the Committee.
B.Election of Chairperson

The members of the Committee shall elect the Chairperson.

C.Duties of Officers
1. The Chairperson shall:
a. Preside at meetings of the Committee;
b. Plan the agenda for Committee meetings in consultation with the staff;
c. Have the power to call special meetings of the Committee;
d. Act as official representative interpreting and disseminating decisions of the Committee; and
e. Appoint the chairperson of each subcommittee.
2. Vice Chairperson The Vice Chairperson shall:
a. Assist in planning the agenda for Committee meetings in consultation with the staff; and
b. Conduct Committee meetings in the absence of the chairperson.
D.Subcommittees of the Committee

The Committee may establish subcommittees as necessary, the members to be appointed by the chairperson. No fewer than three (3) members shall constitute a subcommittee.

Non-members of the Committee may serve on subcommittees with the approval of the Committee chairperson of the specified subcommittee.

1.25-5Meetings of the Committee

The Committee shall meet no fewer than six (6) times during a year. Regular meetings shall be held at a date, time, and place determined by the Committee.

Special meetings may be called by the chairperson, or at the request of MaineCare Services or upon the written request of at least two (2) Committee members to the chairperson, stating the reason for the special meeting. Special meetings would be

convened in the event of an emergency that in the judgment of the chairperson cannot wait until the next regular meeting. The Chairperson shall notify the Committee members and the Director of MaineCare Services of the date, time, place, and agenda in advance of any scheduled or special meetings.

1.25-6Attendance at Committee Meetings

Members of the Committee must attend at least a majority of Committee meetings, annually. If a member holding a Committee seat fails to meet this requirement, the Director of the Office of MaineCare Services may replace the member. MAC meetings shall be arranged to permit remote participation and attendance by remote video or other means when practical.

1.25-7Staff Support

A staff person shall be assigned to the Committee. The staff shall:

A. Provide staff support for all Committee meetings, including minutes of committee meetings, dissemination of materials, and coordination of programmatic initiatives;
B. Record and distribute minutes of meetings;
C. Provide independent technical assistance to the Committee, as necessary.
D. Provide staff assistance from the agency and independent technical assistance as needed to enable the Committee to make effective recommendations; and
E. Provide the Committee with financial arrangements, if necessary, to make possible the participation of beneficiary members.
1.25-8Powers
A.Committee Action

The Committee acts through duly recorded votes of members of the Committee during meetings of the Committee. Binding Committee action can be taken only when a quorum of the Committee is present.

A quorum is defined as at least two-thirds of Committee members including the chairperson.

B.Public Statements by Committee Members

Committee members may make personal statements on public matters and may report on actions taken by the Committee but may not make an official statement or appear before the Legislature on behalf of the Committee unless expressly authorized to do so by the chairperson of the Committee, who may not give such approval unless the issue has been discussed at a meeting of the MaineCare Advisory Committee and supported by a majority of the Committee members present at that meeting. Any testimony must clarify the Committee's role as advisory to the Department.

C.Regular Review of Policy Developments

At each regularly scheduled meeting, the Committee shall be provided with a list of all policy issues related to MaineCare that are currently under consideration by the Office for Family Independence or MaineCare Services. In addition, it shall list the subject matter of all currently proposed rules and issues scheduled for rulemaking within the next month, and the stage of those proposals. At each scheduled meeting, members of the Committee shall be given the opportunity to discuss any issue on the list or set any such issue aside for further discussion at a subsequent meeting.

C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-1, subsec. 144-101-I-1.25