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Access to Services Guidance

 

As Providers of Home and Community Based Services (HCBS) it is essential to ensure that services are provided in an accessible manner, and individuals are not denied access to services or discharged from services the agency provides due to additional accommodations they require as a result of their disability.

Ensuring the adults with disabilities that receive HCBS services do not face discrimination or barriers to those services is fundamental and a requirement of the MaineCare Provider Agreement, the Maine Human Rights Act, 5 M.R.S. §§ 4551, et seq. (MHRA), the Federal Civil Rights Act, 42 U.S.C. §§ 1981, et seq., the Americans With Disabilities Act of 1990, 42 U.S.C. §§  12101, et seq. (ADA), and the Federal Rehabilitation Act, 29 U.S.C. §§ 504, et seq. 

Specifically, MaineCare providers are required, under the MaineCare Benefits Manual (MBM) not to discriminate against any Member on the basis of physical or mental handicap or disability as specified in the Maine Human Rights Act (MHRA) and the Americans with Disabilities Act of 1990 (ADA), among other requirements and laws.  MBM Ch. I, Sec. 1, § 1.03-8(F).  Under Title II of the ADA, among other prohibitions, MaineCare Providers may not deny a Member who is eligible for a service the opportunity to participate in or benefit from the service.  28 C.F.R. § 35.130(b)(1).  For example, refusing to serve a Member who is deaf or hard of hearing because they require ASL interpretation and/or failing to provide ASL interpretation for a Member who is deaf or hard of hearing would violate both the ADA, and the MaineCare Benefits Manual.  The Rehabilitation Act provides similar protections, and the Civil Rights Act may enable Members to seek damages, in a lawsuit, resulting from a violation of federal law. 

Links to more information and resources

MaineCare Resources:

• MaineCare Provider Communication and Training Resources
• Interpreter Clarification for Providers (PDF)
• Billing for Interpreter Services Training Video (YouTube)

State Resources:

• 211 Maine
• 711 Maine Relay Service
• Resource Guide for the Deaf, Hard of Hearing and Late Deafened
• DOE Resource List - Interpreter Translation  
• Maine CITE

Federal Resources:

• ADA Requirements: Effective Communication
• ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
• ADA.gov Guidance and Resource Materials page

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