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MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08)

MaineregulationMaine Department of Health and Human Services, Office of MaineCare Services / Office of Aging and Disability Services

What this rule requires your agency to do

  • 1A PSS must meet one of the enumerated training/examination requirements; an individual without required training may be hired only if enrolled in a certified training program within 60 days of hire and completing training/examination within 9 months, and the Department-approved PSS curriculum must include at least 50 hours of formal classroom instruction (§ 19.08, PSS training).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 2A provider agency supervisor must make an initial visit to the member's home prior to the start of PSS services, and the agency must provide on-site supervision of the PSS at least every six (6) months in the member's residence to observe and verify competency (§ 19.08, Supervisory visits).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 3A Home Health Aide and a Certified Nursing Assistant must be listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers, must not be prohibited from employment under 22 M.R.S. § 1812(G), and must work under the direct supervision of a registered nurse (§ 19.08, Home Health Aide; Certified Nursing Assistant).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 4Effective January 1, 2020, every provider of Home Health Services, Personal Care Services (Personal Support Services), Attendant Services, and Respite Services in the home must utilize an Electronic Visit Verification (EVV) system verifying type of service, individual receiving service, date, location, individual providing service, and start/end time (§ 19.08, Electronic Visit Verification).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 5All professional and other qualified staff must be trained upon hire, prior to providing services to a member, and annually thereafter on the federal HCBS requirements; professional staff must be fully licensed with written evidence and provide services only to the extent permitted by licensure (§ 19.08, Professional and Other Qualified Staff).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 6A newly hired PSS who does not yet meet training/examination requirements must complete an eight (8) hour orientation before delivering services and demonstrate competency to the employing agency in all required tasks before assignment to a member's home (§ 19.08, New employee orientation).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 7All individuals employed as a PSS must undergo criminal background checks and checks on the Maine Registry of Certified Nursing Assistants and Direct Care Workers, and may not be employed if prohibited under 22 M.R.S. § 1717 (§ 19.08, PSS employment requirements).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))
  • 8Under the Participant-Directed Option an Attendant must be at least seventeen (17) years old (effective July 1, 2020), must demonstrate competency to the member/representative, may not be reimbursed for more than forty hours of service per week (except as provided in 19.05(M)), and the Fiscal Intermediary must conduct initial and annual background checks on Attendants (§ 19.08, Attendant requirements).(MaineCare Benefits Manual, Chapter II, Section 19 (Home and Community Benefits for the Elderly and for Adults with Disabilities), Subsection 19.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-19.08))

Applies to: personal care

Sets provider, professional/qualified staff, Personal Support Specialist (PSS), Attendant, EVV, supervision, background-check, and recordkeeping requirements for agencies delivering home and community waiver services to the elderly and adults with disabilities.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.