Maine's ABA Staff Certification Deadline Is October 29. For Some It Has Passed.

Maine replaced MaineCare Benefits Manual Section 28, Adaptive Behavior Services for Children, effective April 29, 2026. Two of its dates land in the next five weeks, and one has already passed for part of the workforce.

The turn: “whichever occurs first”

The staffing rule reads: “Direct care staff without full BHP certification who were employed as of April 28, 2026, and who were hired no earlier than April 30, 2025, must obtain full BHP certification by October 29, 2026, or within one (1) year of the date of hire, whichever occurs first.”

For anyone hired between April 30 and October 29, 2025, the anniversary comes first. By our count:

• Hired April 30 to about September 22, 2025: the one-year date has passed.
• Hired about September 23 to October 29, 2025: the anniversary falls between now and October 29.
• Hired October 30, 2025 to April 28, 2026: October 29, 2026.

For ABA direct care staff the rule offers an alternative: “Have Registered Behavior Technician (RBT) certification through the Behavior Analyst Certification Board at the time of hire.” It doesn't say whether earning the RBT later counts. New hires need BHP certification at hire, or must start BHP training within 30 days and certify within six months.

The second date: about October 26

Children receiving Section 28 on April 28 who don't meet the new criteria “may continue to receive services for one hundred and eighty (180) days from April 29, 2026.” The rule gives no end date. By our count it's October 26. To qualify for ABA, a child must be under 21 and score Level 2 or higher on the Level of Care/Service Intensity Tool. They also need an ABAS or Vineland from the past 12 months showing either a composite at least 2 standard deviations below average, or a composite 1.5 SD below plus a communication or social domain score 2 SD below.

Also in the rule

• At least 4 hours of supervision a month for staff delivering 20 or more hours a week, prorated to a minimum of 1 hour below that.
• Direct care in person, except when “unforeseen and uncontrollable circumstances” prevent it.
• No payment for services between 8:00 p.m. and 6:00 a.m. without approval.

The limits

The certification and supervision provisions carry a note: “The Department is seeking and anticipates approval from the Centers for Medicare & Medicaid Services of a State Plan Amendment related to this provision.” We found no approval. The rule doesn't say what happens to claims for staff past their date. Some copies of the rule online still say “Level 3”; the adopted text changed it to Level 2.

What you must know or do

• HR: list every direct care employee hired April 30, 2025 through April 28, 2026 who has neither full BHP certification nor an RBT. Next to each, write the earlier of October 29, 2026 and their first anniversary.
• Owners: treat any date already past as a billing risk now, and ask MaineCare Provider Services how it's handling staff past their deadline before billing more of their hours.
• Clinical directors: check every child who was on Section 28 on April 28 for a Level 2 score and a qualifying ABAS or Vineland from the past 12 months. Start a transition plan for anyone who doesn't qualify, well before October 26.