C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-46, subsec. 144-101-II-46.03

Current through 2024-51, December 18, 2024
Subsection 144-101-II-46.03 - ELIGIBILITY FOR CARE
46.03-1 General Eligibility

Individuals must meet the financial eligibility criteria as set forth in the MaineCare Eligibility Manual (10-144 CMR Chapter 332). Some members may have restrictions on the type and amount of services they are eligible to receive.

It is the responsibility of the provider to verify eligibility and benefit level. The following describes specific eligibility for the covered services set forth in this section.

The member's condition must be such that his or her needs cannot be met in a less restrictive setting.

46.03-2Age Requirement: For Inpatient Services

An individual must be under age twenty-one (21) or age sixty-five (65) or older to be eligible to receive inpatient psychiatric hospital services, except that if a member receives inpatient services immediately before he or she reaches age twenty-one (21), the member is eligible for continued service until he or she reaches age twenty-two (22) or the date when service is no longer required, whichever comes first.

46.03-3Partial Hospitalization Services and Outpatient Services

To be eligible for partial hospitalization and outpatient services, the member's condition must be such that his or her needs cannot be met in a less intensive or less restrictive and available setting.

For outpatient services to be covered by MaineCare the member must need treatment similar to or more active or inclusive than is available through a weekly visit to a mental health agency, psychologist or psychiatrist, but not need partial or full-time hospitalization.

To be eligible for partial hospitalization services the member must need more active and inclusive treatment than is provided in an outpatient service, but not need full-time hospitalization or institutionalization.

46.03-4"Katie Beckett" Eligibility

The Office of MaineCare Services will determine classification (or eligibility) for certain children with disabilities ("Katie Beckett" Eligibility Option) age eighteen (18) and under. "Katie Beckett" eligibility has medical criteria in addition to financial criteria. All of the following eligibility criteria must be met for a child to receive MaineCare services:

A.Disability

The child must be determined disabled by Supplemental Security Income standards. A disability determination is made by the Medical Review Team (MRT) at the Office of Integrated Access and Support as part of the MaineCare application process or by the disability determination unit at the Social Security Administration.

B.Level of Care

The child must require a level of care that is typically provided in a hospital, including psychiatric hospitals, ICF-MR, or a Nursing Facility, although the child does not have to be admitted, relocated nor have a history of admissions to such an institution.

If the child were in a medical institution, the child would be eligible for Medicaid.

C.Psychiatric Hospital Level of Care

The following describes the criteria for severely emotionally disturbed children to meet the Psychiatric Hospital Level of Care. These criteria are used for establishing levels of care for SED children living at home who otherwise would need to be admitted to a hospital or psychiatric hospital. NOTE: All of the criteria under 1, 2, 3, and 4 must be met.

1. The member must have a primary diagnosis of a Serious Emotional Disturbance as defined in Section 46.01 that has been diagnosed by a mental health clinician as defined in Section 46.01.

This diagnosis must include information on all five axes from the most current version of The Diagnostic and Statistical Manual of Mental Disorders (DSM) that apply; and

2. Documentation by a mental health clinician must be entered in the medical record that evidences that the child has been diagnosed as defined in 46.03-4 C 1. and the disorder has persisted for a minimum of six (6) months and can be expected to persist for a year or longer: and
3. The child must have exhibited in the last three (3) months, as documented by a mental health clinician, at least one of the following symptoms and/or behaviors or would exhibit one of the following symptoms and/or behaviors without medical intervention (e.g. medication):
a.Psychotic symptoms characterized by defective or lost contact with reality, often with hallucinations or delusions.
b.Suicidality - The individual must have made one attempt within the last three months or have significant ideation about or have a plan for suicide within the past month.
c.Violence - The individual must be at risk for causing injury to persons or significant damage to property as a result of a neurobiological, emotional and/or behavioral disorder.
d.Anorexia Nervosa - (diagnosed by a physician) with a weight loss of at least 25% of original body weight, signs of electrolyte imbalance, cardiac arrhythmias or congestive heart failure.
e.Withdrawal - Removal of one's physical and/or emotional self from activities of daily living (e.g. can't get out of bed or does not interact with others)
f.Severe Hyperactivity - Hyperactive behavior, including mania, that interferes with the child's ability to participate in age-appropriate daily activities in a safe manner; and
4. The child must
a. demonstrate a serious functional impairment that substantially interferes with age-appropriate ability to function in family, school or community activities; or
b. evidence a persistent and pervasive anxiety and depression; or
c. present security risks; or
d. persistently or frequently exhibit inappropriate behavior such as: physical aggression, self-injurious behavior, hyperactive or impulsive behavior; or
e. be at risk for health problems due to inappropriate behavior, such as infections or other problems caused by functional impairments in activities of daily living.
D.Appropriateness of Community-Based Care

The child must be able to receive or currently be receiving appropriate care, in the least restrictive setting, outside a hospital or psychiatric inpatient setting. The parent and child will participate in making the decision as to where the child will receive care. The family home will be given first preference, if appropriate, as determined by the parent or guardian.

E.Cost Limits of Community-Based Care

The total annual cost to MaineCare for community-based care for children eligible for MaineCare in this category must be no greater than the amount MaineCare would pay for the child's care in an institution.

C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-46, subsec. 144-101-II-46.03