Section 92, Behavioral Health Home Services - Guidance on In-Person Contact Requirements
Minimum In-Person Contact Requirements
On April 29, 2026, the Department adopted amendments to 10-144 C.M.R. Chapter 101, MaineCare Benefits Manual (MBM), Chapter II, Section 92, Behavioral Health Home (BHH) Services, which identified the minimum in-person contact requirements as follows:
- For Standard BHH Services, at least one covered service must be delivered to the member in-person each month.
- For Wraparound BHH Services, at least one covered service must be delivered to the member in-person each week.
Providers must take all reasonable steps to conduct the required in-person minimum contact. If the required minimum in-person contact cannot be delivered because of a temporary, unforeseen and uncontrollable circumstance that prevents in-person service delivery, providers may meet the in-person contact requirement by delivering the service via interactive telehealth in accordance with MBM Chapter I, Section 4, Telehealth Services. Providers must clearly document in the member’s record the unforeseen and uncontrollable circumstance that prevented the contact from occurring in person. This flexibility is intended only as a short-term accommodation while the temporary, unforeseen, and uncontrollable circumstance exists. It does not permit the ongoing or long-term substitution of telehealth for required in-person contacts.
90-Day Transition Period to Comply
The BHH model is structured to support providers in meeting these minimum in-person contact requirements through a robust, team-based approach that facilitates regular in-person contact and engagement with members. However, the Department recognizes that some providers may need time to adjust staffing, service delivery practices, and operational processes to align with these requirements. Accordingly, and if relevant to the individual member, these adjustments may qualify as temporary, unforeseen and uncontrollable circumstances for a 90-day transition period beginning Friday, June 12, 2026.
During this 90-day transition period, providers that cannot meet the minimum in-person contact requirements for a member may satisfy those requirements through interactive telehealth. However, they must continue to take all reasonable steps to conduct the contact in-person, comply with MBM Chapter I, Section 4, Telehealth Services, and should take immediate steps to:
- Develop and implement plans to achieve regular in-person contact with all members. Providers are reminded that in-person contacts may occur in a variety of community settings and are not limited to the member's home or the provider's office.
- Identify alternative BHH service providers that can meet the in-person service requirements and, when appropriate, support the member’s transition to those providers.
- Identify alternative services that may more appropriately meet the member’s needs and, when appropriate, support the member’s transition to those services.
End of the 90-Day Transition Period
When the temporary 90-day transition period ends on Thursday, September 10, 2026, operational changes needed to comply with the minimum in-person contact requirements will no longer qualify as a temporary, unforeseen and uncontrollable circumstance. Any exception to the minimum in-person contact requirements in Section 92.11 must be member-centered, clearly documented, and limited to the duration of a qualifying unforeseen and uncontrollable circumstance.
Additionally, if it is unclear whether a particular circumstance qualifies as unforeseen and uncontrollable, providers may request Department review to determine whether the circumstance qualifies for purposes of using the exception. Providers can submit requests via e-mail to Kaley Haynes, BHH Program Coordinator.