C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-92, subsec. 144-101-II-92.02

Current through 2024-44, October 30, 2024
Subsection 144-101-II-92.02 - PROVIDER REQUIREMENTS

The BHHO and HHP must meet the following requirements. Provider must maintain documentation of all processes and procedures described below that is available upon request, for review by the Department.

92.02-1Behavioral Health Home Organization (BHHO)
A. The BHHO must execute a MaineCare Provider Agreement.
B. The BHHO must be approved as a BHHO by MaineCare through the BHHO application process.
C. The BHHO must be a community-based mental health organization, licensed to provide services in the state of Maine, that provides case management to adult and/or children members, is located in the state of Maine, and delivers services through a team-based model of care that includes at least the following personnel. The Department shall seek and anticipates receiving CMS approval for this Section. Pending approval, each role must be filled by a different individual. If there is a lapse in fulfillment of team member roles of greater than thirty (30) continuous days, the BHHO must notify the Department in writing and maintain records of active recruitment to fill the position(s).
(1)Psychiatric Consultant -shall be a psychiatrist who has current and valid licensure as a physician from the Maine Board of Licensure in Medicine, and who is certified by the American Board of Psychiatry and Neurology Psychiatric medication management or is eligible for examination by that Board as documented by written evidence from the Board, or has completed three (3) years of post-graduate training in psychiatry approved by the Education Council of the American Medical Association and submits written evidence of the training; OR a psychiatric and mental health advanced practice registered nurse (PMH-APRN) who is licensed as a nurse practitioner or clinical nurse specialist by the state of Maine, has graduated from a child and adolescent or adult psychiatric and mental health nurse practitioner, or clinical nurse specialist program, and is certified by the appropriate national certifying body.

The Psychiatric Consultant shall consult with other BHHO and primary care professionals and with the member as necessary, to provide expertise on the development of evidence-based practices and protocols to the BHHO organization.

Under Section 92, the Psychiatric Consultant shall not duplicate any other psychiatric services that may be necessary and provided through other sections of the MaineCare Benefits Manual.

(2)Nurse Care Manager - shall be a registered nurse, a psychiatric nurse licensed as a registered professional nurse by the state where services are provided and certified by the American Nurses Credentialing Center (ANCC) as a psychiatric and mental health nurse; a PMH-APRN who is licensed as a nurse practitioner or clinical nurse specialist by the state where services are provided, who has graduated from a child and adolescent or adult psychiatric and mental health nurse practitioner or clinical nurse specialist program, and is certified by the appropriate national certifying body; or an advanced practice nurse, as defined by the Maine State Board of Nursing.

The Nurse Care Manager shall provide primary care consultation, psychiatric care consultation, and work with the BHHO, the primary care practice and the member to provide other Section 92 services as necessary, pursuant to the Plan of Care.

(3)Clinical Team Leader - shall be an independently licensed mental health professional, who may be a physician, physician's assistant, psychologist, a licensed clinical social worker, licensed master social worker conditional II licensed clinical professional counselor, licensed marriage and family therapist, advanced practice registered nurse such as a PMH-APRN; OR, for children's BHH services, a person who was employed on August 1, 2009 as a case management supervisor under the former Section 13 of Chapter II of the MaineCare Benefits Manual.Such staff shall be considered qualified to serve as a Clinical Team Leader for purposes of this rule.

The Clinical Team Leader shall oversee the development of the Plan of Care and direct care management activities across the BHHO, provide supervision of Health Home Coordinators and Certified Intentional Peer Support Specialists, and ensure that the BHHO meets its requirements as a whole.

(4)Certified Intentional Peer Support Specialist (CIPSS) - (for adult services) is an individual who has completed the Maine Office of Behavioral Health (OBH) curriculum for CIPSS, and receives and maintains that certification.

The CIPSS is an individual who is receiving or has received services and supports related to the diagnosis of a mental illness, is in recovery from that illness, and who is willing to self-identify on this basis with BHH members. Peer support staff may function as a CIPSS without CIPSS certification for the first nine (9) months of functioning as a CIPSS, but may not continue functioning as a CIPSS beyond nine (9) months without:

(a) having received provisional certification by completion of the Core training, and
(b) continuing pursuit of full certification as a CIPSS and maintaining certification as an Intentional Peer Support Specialist according to requirements as defined by SAMHS.

The CIPSS shall coordinate and provide access to Peer Support Services, peer advocacy groups, and other peer-run or peer-centered services, maintain updated information on area peer services, and shall assist the member with identifying and developing natural support systems.

(5)Family or Youth Support Specialist - (for children's services) is an individual who has completed a designated Maine Office of Child and Family Services (OCFS) curriculum for peer supports and receives and maintains that certification. The Youth Support Specialist is an individual who is receiving or has received services and supports related to the diagnosis of a mental illness, is in recovery from that illness, and who is willing to self-identify on this basis with BHH members.

The Family Support Specialist is an individual who has a family member who is receiving or has received services and supports related to the diagnosis of a mental illness, and who is willing to self-identify on this basis with BHH members. Peer support staff may function as a Family/Youth Support Specialist for children's services without certification for the first nine (9) months of functioning as a Family/Youth Support Specialist, but may not continue functioning as a Family/Youth Support Specialist for children's services beyond nine months:

(a) without having received provisional certification by completion of the Core training, and
(b) without continuing pursuit of full certification as a Family/Youth Support Specialist for children's services and maintaining certification as a Family/Youth Support Specialist according to requirements as defined by OCFS.
(6)Health Home Coordinator for Members with Serious Emotional Disturbance (SED) -shall be an individual who has a minimum of a Bachelor's Degree from an accredited four (4) year institution of higher learning, with specialization in psychology, mental health and human services, behavioral health, behavioral sciences, social work, human development, special education, counseling, rehabilitation, sociology, nursing, or closely related field; OR who has a Bachelor's Degree from an accredited four (4) year educational institution in an unrelated field and at least one (1) year of full-time equivalent relevant human services experience; OR a who has Master's Degree in social work, education, psychology, counseling, nursing, or closely related field from an accredited graduate school; OR who has been employed since August 1, 2009 as a case manager providing services under Chapter II, Section 13 of the MaineCare Benefits Manual.

The SED Health Home Coordinator shall draft the Plan of Care for each SED member utilizing a Child and Adolescent Needs and Strengths assessment tool (CANS) information, implement that Plan of Care and the coordination of services, and support and encourage members inactively participating in reaching the goals set forth in their Plan of Care.

Each member shall have only one Health Home Coordinator and cannot be enrolled in more than one case management program funded by Medicaid.

(7)Health Home Coordinator for Members with Serious and Persistent Mental Illness (SPMI) - shall be an individual who is certified by the Department as a Mental Health Rehabilitation Technician/Community (MHRT/C).

The SPMI Health Home Coordinator shall draft the Plan of Care for each member, oversee that Plan of Care and the coordination of services, and support and encourage members in actively participating in reaching the goals set forth in their Plan of Care.

Each member shall have only one Health Home Coordinator and cannot be enrolled in more than one case management program funded by Medicaid.

(8)Medical Consultant - shall be a physician licensed by the State of Maine to practice medicine or osteopathy, a physician's assistant licensed as such by the State of Maine, or a certified nurse practitioner who meets all of the requirements of the licensing authority of the State of Maine.

The Medical Consultant shall collaborate with other providers of BHHO and primary care services (at least 4 hours/month per 200 members or pro-rated for agencies that serve fewer than 200 clients) to select and implement evidence-based clinical initiatives, lead quality improvement efforts, evaluate progress, and convene provider clinical quality improvement meetings.

D. The BHHO must a there to licensing standards in documentation of all its BHHO providers' qualifications in their personnel files. Pursuant to applicable licensing standards, the BHHO must have a review process to ensure that employees providing BHHO services possess the minimum qualifications set forth above.
E. The BHHO must be co-occurring capable, meaning that the organization is structured to welcome, identify, engage and serve individuals with co-occurring substance use and mental health disorders and to incorporate attention to these issues into program content.
F. The BHHO must have an executed contract or Memorandum of Agreement with at least one (1) HHP in its area that describes procedures and protocols for regular and systematized communication and collaboration across the two agencies, the roles and responsibilities of each organization in service delivery, and other information necessary to effectively deliver, pay and receive reimbursement for all BHH services to all shared members without duplication. This may include names and contact information of key staff at the BHHO and HHP, acceptable mode(s) of electronic communication to ensure effective and privacy-protected exchange of health information, frequency of communication at both leadership and practice levels (e.g., weekly, monthly, quarterly), procedures for bi-directional access to member Plan of Care and other health information, referral protocols for new members, collaboration on treatment plans and member goals and, as needed, Business Associate Agreement/Qualified Service Organization addenda.
G. The BHHO musthavean EHR system and an EHR for each member.
H. The BHHO shall have in place processes, and procedures, and member referral protocols with local inpatient facilities, Emergency Departments (ED), child/adult residential facilities, crisis services, and corrections for prompt notification of an individual's admission and/or planned discharge to/from one of these facilities or services. The protocols must include coordination and communication on enrolled or potentially eligible members, The BHHO shall have systematic follow-up protocols to assure timely access to follow-up care.
I. The BHHO shall ensure that it has policies and procedures in place to ensure that the Health Home Coordinator can communicate changes in patient condition that may necessitate treatment change with treating clinicians, on an as needed basis.
J. The BHHO must participate in BHH technical assistance opportunities, as determined by the Department. At least one (1) member of the care team described in 92.02-1(C) must engage in these opportunities.
K. Within the first six (6) months following the start of the BHHO's participation, the BHHO shall obtain a written site assessment from the Department or its authorized entity, to establish a baseline status in meeting the Core Standards (92.02-1 (L)) and identify the BHHO's training and educational needs.
L. For the first year of participation, the BHHO must submit quarterly reports on progress towards implementing the Core Standards. Within one year of the BHHO's participation, the BHHO must fully implement the Core Standards.

Once Core Standards are fully implemented, the BHHO may request the Department's approval to submit the Core Standard progress report annually instead of quarterly.

The Core Standards are:

(1)Demonstrated Leadership - The BHHO identifies at least one (1) Clinical Team Leader within the BHHO who implements and oversees the Core Standards.

The Clinical Team Leader(s) work with other providers and staff in the BHHO to build a team-based approach to care, continually examine the processes and structures to improve care, and review data on the performance of the BHHO.

(2)Team-Based Approach to Care - The BHHO has implemented a team-based approach to care delivery that includes expanding the roles of non-licensed team professionals and includes CIPSS as leaders and partners in the provision of care.

The BHHO utilizes non-licensed staff to improve access, efficiency, and member engagement in specific ways, including one or more of the following:

(a) Through clear identification of roles and responsibilities;
(b) Training on and integration of CIPSS as meaningful partners in service delivery;
(c) Regular team meetings.
(3)Population Risk Stratification and Management - The BHHO has adopted processes to identify and stratify members across their population who are at risk of adverse outcomes and adopted procedures that direct resources or care processes to reduce those risks.

For purposes of this provision, "adverse outcomes" means hospitalization, institutionalization, involvement with law enforcement, job loss or home loss, which occur as a result of the member's SPMI or SED.

(4)Enhanced Access - The BHHO enhances access to services for their members, including:
(a) The BHHO has a system in place, such as an on call or answering service, for BHH members to reach a member of the organization or an authorized entity twenty-four (24) hours a day, seven (7) days a week to address and triage the members' needs.
(b) The BHHO has processes in place to ensure twenty-four (24) hours a day, seven (7) days a week access to BHH member records.
(c) The BHHO has processes in place to monitor and ensure this enhanced access to care.
(5)Comprehensive Consumer/Family Directed Care Planning - The BHHO has processes in place to ensure that consumer voice and choice is reflected in Plan of Care development. These processes include:
(a) Wraparound principles for children with SED and their families.
(b) Practice guidelines for recovery-oriented care.
(6)Behavioral-Physical Health Integration - The BHHO has completed a baseline assessment of its behavioral-physical health integration capacity during its first year of participation as a BHHO. Using results from this baseline assessment, the BHHO has implemented one or more specific improvements to integrate behavioral and physical health care.
(7)Inclusion of Members and Families - The BHHO includes members and their family as documented and regular participants at leadership meetings, and/or the BHHO has in place a member-driven process to identify needs and solutions for improving services.
(a) The BHHO has processes in place to support members and families to participate in these leadership and/or advisory activities (e.g., on the agency's Board of Directors, involvement in internal advisory committees that solicit and support the engagement of consumers and families in identifying needs and solutions, etc.);
(b) The BHHO has implemented systems to gather member and family input at least annually (through mail surveys, phone surveys, point of care questionnaires, focus groups, or other methods); and
(c) The BHHO has processes in place to design and implement changes that address needs and gaps in care identified via member and family input.
(8)Connection to Community Resources and Social Support Services - The BHHO has processes in place to identify and make referrals to local community resources and social support service, including those that provide support in self-management, to assist members in overcoming barriers to care and meeting health and recovery goals.
(9)Commitment to Reducing Waste, Unnecessary Healthcare Spending, and Improving Cost-Effective Use of Healthcare Services - The BHHO has processes in place to reduce wasteful spending of healthcare resources and improving the cost-effective use of healthcare services, as evidenced by at least one initiative that targets waste reduction, such as:
(a) Reducing avoidable hospitalizations;
(b) Reducing avoidable ED visits;
(c) Working with specialists to develop new models of specialty consultation that improve member experience and quality of care, while reducing unnecessary use of services; and
(d) Directing referrals to specialists who consistently demonstrate high quality and cost-efficient use of resources.
(10)Integration of Health Information Technology - The BHHO uses an electronic data system that includes identifiers and utilization data about members. Member data is used for monitoring, tracking and indicating levels of care complexity for the purpose of improving member care.

The system is used to support member care, including one or more of the following:

(a) The documentation of need and monitoring clinical care
(b) Supporting implementation and use of evidence-based practice guidelines;
(c) Developing Plans of Care and related coordination; and
(d) Determining outcomes (e.g., clinical, functional, recovery, satisfaction, and cost outcomes).
92.02-2Health Home Practice (HHP)
A. The HHP must execute a MaineCare Provider Agreement.
B. The HHP must have received National Committee for Quality Assurance (NCQA) Patient-Centered Medical Home (PPC-PCMH) Recognition within one (1) year from the date of enrollment and be located in the state of Maine.
C. The HHP must be approved as an HHP by the Department through the HHP application process.
D. The HHP must have a fully implemented EHR.
E. The HHP must have an executed contract or memorandum of agreement with at least one BHHO in its area that describes procedures and protocols for regular and systematized communication and collaboration across the two agencies, the roles and responsibilities of each organization in service delivery, and other information necessary to effectively deliver, pay, and receive reimbursement for all BHH services to all shared members without duplication. This may include names and contact information of key staff at the BHHO and HHP, acceptable mode(s) of electronic communication to ensure effective and privacy-protected exchange of health information, frequency of communication at both leadership and practice levels (e.g., weekly, monthly, quarterly), procedures for bi-directional access to member Plan of Care and other health information, referral protocols for new members, collaboration on treatment plans and member goals and, as needed, Business Associate Agreement/Qualified Service Organization addenda.
F. The HHP must have established member referral protocols with area hospitals and child/adult residential facilities. The protocols must include coordination and communication on enrolled or potentially eligible members. The HHP must have systematic follow-up protocols to assure timely access to follow-up care.
G. The HHP must comply with MaineCare Benefits Manual, Ch. VI, Section 1- Primary Care Case Management, Section 1.08-5 -Twenty-Four Hour Coverage.
H. The HHP must participate in Health Home technical assistance opportunities, as determined by the Department, and as described in Section 91, Health Homes. (10-144 C.M.R. Ch. 101, Ch. II, Sec. 91.03-1(9)(a))
I. Within one (1) year of participation, the HHP must fully implement the following Core Standards, as described in Section 91, Health Home Services.
92.02-3Protections for Adults with Serious and Persistent Mental Illness

If the member is an Adult with a Serious and Persistent Mental Illness (i.e., the member meets eligibility criteria in 92.03-2(A)) and is receiving Behavioral Health Home Services reimbursed under Section 92, as identified in the member's Plan of Care, then the provider must:

A. Obtain written approval from the Director of the Office of Behavioral Health (OBH) (or designee) prior to terminating services to that member;
1. Written approval is not required in cases where the terminating provider has successfully facilitated a member's transfer, with the member's consent, to a new provider;
B. If approved by OBH, issue a thirty (30) day advanced written termination notice to the member prior to termination of member's services. In cases where the member poses a threat of imminent harm to persons employed or served by the provider, the Director of the Office of Behavioral Health (or designee) may approve a shorter notification for termination of services;
C. Assist the member in obtaining clinically necessary services from another provider prior to discharge or termination;
D. Accept referrals through the Department-defined referral process within seven (7) calendar days. Only in cases where providers have received written approval of declination from OBH, may a referral be declined.
92.02-4Timeliness and Duration of Care

For Behavioral Health Homes serving Adults with Serious and Persistent Mental Illness(i.e., the member meets eligibility criteria in 92.03-2(A)), providers must conduct an initial face-to-face intake or initial assessment visit within seven (7) calendar days of referral, regardless of source of referral. In the event a provider receives a referral and does not have capacity to initiate services, the provider must offer the option of placing the member on a hold for service.

A.Hold for Service

Members have the option to be placed on hold for service if the agency, upon receipt of a referral from any source, has determined that it does not have the capacity to conduct an intake or initial assessment within seven (7) calendar days as required in Sec. 92.02-4. To be placed on hold for service, providers must offer the member alternatives to being placed on hold for service, including but not limited to giving information on other service providers within a 25-mile radius servicing the area. This information shall be provided in writing. Should members wish to be on hold for service with an agency, the provider will document the member choice and the offering of alternatives in the member's referral record. At this time, the seven (7) calendar day face-to-face requirement will be suspended. Agencies must follow up with members no more than thirty (30) calendar days after being placed on hold to reevaluate their desire to remain on hold for service, which will be documented in the member record. Agencies must continue to follow up with members in successive thirty (30) day increments to reevaluate the member's desire to remain on hold. When the agency has determined it has the capacity to serve the member, it will contact the member immediately and have seven (7) calendar days to conduct the intake or initial assessment.

C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-92, subsec. 144-101-II-92.02