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March 3, 1999
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 99-P36
CONCISE SUMMARY: The purpose of the revisions is to achieve simplicity and consistency across various long term care services, eliminate requirements that are not critical to consumer health and safety, and establish a single long term care license to providers who offer multiple services. Additionally, the revisions include an additional chapter with the standardized nursing facility contract required by Title 22, 1826(4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Statutory authority for these regulations is found under the following Titles in the Maine Revised Statutes Annotated: Title 1, Chapter 13, Sections 401, 402, 407-408; Title 22, Chapter .1, Sections 3, 6, 42, 47; Chapter 405, Sections 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 1666A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61, 7905
PUBLIC HEARING: March 23, 1999 at 1:30 p.m., Elks Lodge, Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: April 2, 1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 SHS, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Maine Insurance Rule Ch. 275, "Medicare Supplement Insurance."
PROPOSED RULE NUMBER: 99-P37
CONCISE SUMMARY: These proposed amendments provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24 M.R.S.A. 2328, 24-A M.R.S.A. 212, 2413(1)(F), 4207(9), 5002, 5003, 5002-A, 5005, and 5010-A.
PUBLIC HEARING: No hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 5, 1999, 5: 00 p.m.
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation Bureau of Insurance, #34 State House Station Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter II and III, Section 25, Dental Services
PROPOSED RULE NUMBER: 99-P38
CONCISE SUMMARY: The proposed rule for Chapters II and III, Section 25 was initially advertised January 20, 1999 and a public hearing was held February 9, 1999. This advertisement of the same rule is intended to insert a proposed addition allowing licensed denturists to provide full dentures to Medicaid recipients. The addition defines the term "denturist" in MMAM Chapter II, Section 25.01. The reimbursement for full dentures will be at 80% of the Medicaid allowance when provided by a denturist.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173.
PUBLIC HEARING: March 23, 1999, 2:00 p.m., Policy Conference Room, DHS, 35 Anthony Ave., Augusta, ME 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: April 2,1999
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (Deaf/hard of hearing) (207) 287-1828, 1-800-423-4331.


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 419, Agronomic Utilization of Residuals (replaces Ch. 567, Rules for the Land Application of Sludge and Residuals, which is repealed).
PROPOSED RULE NUMBER: 99-P39
CONCISE SUMMARY: This rule replaces 06-096 CMR Chapter 567, Rule for the Land Application of Sludge and Residuals (effective April 21, 1985), which is being repealed. Chapter 419 contains the siting, design and operational standards that apply to non-hazardous solid wastes that are stored and utilized as fertilizers, soil amendments, mulches, liming agents, or for any other beneficial agronomic use. This Chapter will change existing regulations to incorporated changes that have been made to Maine law, ensure consistency with applicable federal standards, reflect changes and advances in available solid waste technology, apply practical experience gained since 1985, and ensure consistency with other solid waste regulations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 1304(1), (13) and (13-A)
PUBLIC HEARING: March 24, 1999 at 1:00 p.m., Holiday Inn/Ground Round, Augusta ME
DEADLINE FOR COMMENTS: 5:00 p.m. April 5,1999
AGENCY CONTACT PERSON: David Wright
AGENCY NAME: Department of Environmental Protection
ADDRESS: Solid Waste Division, 17 SHS, Augusta, ME 04333-0017
TELEPHONE: 207-287-7676


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
PROPOSED RULE NUMBER: 99-P40
CONCISE SUMMARY: The proposed amendments change the definition in Chapter 1, General Definitions, Item 45, to the elimination of the requirement of an original physician's signature. Changes in Chapter 7.F.11, Patient/Client Records, will allow Home Health Agencies an additional nine (9) days to acquire a physician's signature on a verbal order. This new rule change will read, "thirty (30) days" rather than "twenty-one" (21) days required for a signature of a physician for a verbal order.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., Chapter 620, Section 1, 2141 et seq.
DATE(S)/PLACE(S) OF HEARING(S): None scheduled unless requested by five (5) or more individuals.
DEADLINE FOR COMMENTS: April 2,1999
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY-DEAF/HARD OF HEARING: (207) 624-5512


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 125.17D, Regulations Relating to the Use of Time-out Procedures
PROPOSED RULE NUMBER: 98-P41
CONCISE SUMMARY: This rule describes the methods of student management relative to discipline and control when a local school district uses a seclusion time-out. Additionally, the rule includes procedures regarding informed consent when local school units use seclusion time-out as a form of student discipline.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHOR: P.L. 1997, Chapter 428, Title 20-A M.R.S.A., Section 4502-M et seq.
PUBLIC HEARING: March 22, 1999, 1:00 - 4:00 p.m., First Floor Conference Room, Department of Education, Augusta, Maine
DEADLINE FOR COMMENTS: April 1, 1999
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0024
TELEPHONE: (207)287-5922


ADOPTIONS

AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 207, Adopt-A-Highway Program Rule
ADOPTED RULE NUMBER: 99-82
CONCISE SUMMARY: This rule establishes the procedures by which municipalities may develop an adopt-a-highway program for litter control and beautification activities and erect signs identifying participating individuals, business organizations, and nonprofit community organizations.
EFFECTIVE DATE: February 22, 1999
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Maine Department of Transportation
ADDRESS: Community Services Division, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 287-2152


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 7, Utilization Review, Treatment Guidelines, Permanent Impairment
ADOPTED RULE NUMBER: 99-83
CONCISE SUMMARY: The amendments to this rule revise the utilization review process by requiring employers/insurers to notify employees that utilization review is being requested and by providing an opportunity for employees to explain to the Utilization Review Agent why the treatment under review is appropriate. The amendments also establish that utilization review reports are admissible as evidence in Board proceedings but are not binding.
EFFECTIVE DATE: February 23, 1999
AGENCY CONTACT PERSON: Isabella Tighe
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207/287-7080


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
RULE TITLE:
Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS)
PROPOSED RULE NUMBER: 99-84 and 99-85
CONCISE SUMMARY: On January 13, 1999, the Board of Environmental Protection adopted the following federal regulations by reference: Chapter 143, New Source Performance Standards (NSPS) and Chapter 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS). The Chapters will be applicable statewide. The Clean Air Act Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAPS federal requirements for incorporation into the states regulatory programs to reduce dual regulatory reporting requirements on industry and streamline the air emission licensing processes. All standards will be implemented through the air emission licensing process. Through this action, the DEP has now formally incorporated all NSPS and NESHAPS that have been delegated to the state since the 1970's as well as the newer NESHAPS requirements, in accordance with the State Administrative Procedure Act (MAPA) process, to ensure the State has full implementation and enforcement authority through the State's Title V licensing process. The proposed Chapters incorporate standards for 120 types of source categories (both large and small businesses) that are subject to the federal standards.
EFFECTIVE DATE: February 23, 1999
AGENCY CONTACT PERSON:
NAME: Deborah J. Avalone-King
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207/287-2437
E-MAIL: debbie.i.avalone-king@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-86
CONCISE SUMMARY: Current rules apply disqualifications for entire Food Stamp households when the head of household is sanctioned for failure to fulfill work requirements or quits a job. These rules will disqualify only the household member, regardless of head of household status.
EFFECTIVE DATE: February 27, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSA / Railroad Retirement COLA Disregards
ADOPTED RULE NUMBER: 99-87
CONCISE SUMMARY: This rule provides for a disregard of income for elderly and disabled individuals who are eligible for and receiving Medicaid when annual adjustments for Federal Poverty Level (FPL) and Social Security / Railroad Retirement COLAs result in ineligibility for Medicaid.
EFFECTIVE DATE: February 22, 1999
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 32, Eel Regulations
ADOPTED RULE NUMBER: 99-88
CONCISE SUMMARY: This regulation establishes West Harbor Pond outlet in West Boothbay Harbor and the tidal portion of Cobboseecontee Stream in Gardiner as research sites for studying the efficiency of the elver fishery. Elver harvesters who fish in these designated areas will be required to obtain a special permit in addition to an elver license from the Department of Marine Resources, and provide daily catch information to the Department that is required to be mailed to the Department at the end of each week. The logbooks will be provided by the Department.
EFFECTIVE DATE: February 27, 1999
AGENCY CONTACT PERSON: Gail Wipplehauser
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6349


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