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Weekly Rulemaking Notices Contact Us Find It

March 6, 2002
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Trusts and Transfer of Assets - Rev. #199P - Republication with hearing
PROPOSED RULE NUMBER: 2002-P20
CONCISE SUMMARY: This rule defines what is a "payment" from a trust, treatment of real property transferred to a revocable trust, rules for a pooled trust, expands on the definition of "fair market value" and the definition of transfer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: Public hearing to be held on March 27, 2002 at the Augusta Civic Center, 79 Community Drive, Augusta, ME 04330, in the Lincoln/Oxford Room from 9 a.m. to 1 p.m.
DEADLINE FOR COMMENTS: Apri1 8, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3 - Schedule of Minimum Prices - Order #04-02
PROPOSED RULE NUMBER: 2002-P42
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 2:30 p.m., Friday, March 22, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 22, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (formerly the Maine Medical Assistance Manual): Ch. II, Section 101, Medical Imaging Services
PROPOSED RULE NUMBER: 2002-P43
CONCISE SUMMARY: These rule changes update some definitions for procedures covered under this section and clarify covered services. The rule adds criteria for portable x-ray and mobile medical imaging procedures. Rule changes also contain other clarifications, minor edits and updates. Some sections that are covered in Ch. I are removed from this chapter. These rule changes also reflect the recent name change of this program to MaineCare, and the name of this manual to the MaineCare Benefits Manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: March 26, 2002, 1:30 p.m., Department of Human Services, 1st floor Conference room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 19, 2002.
DEADLINE FOR COMMENTS: April 8, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: BMS, Division of Policy and Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III Section 14, Certified Family and Pediatric Nurse Practitioner Services
PROPOSED RULE NUMBER: 2002-P44
CONCISE SUMMARY: This proposed change repeals Ch. III, Section 14, "Certified Family and Pediatric Nurse Practitioner Services." Effective 3/29/00 the name of Ch. II, Section 14 was changed from "Certified Family and Pediatric Nurse Practitioner Services" to "Advanced Practice Registered Nursing Services" and the separate MMAM Section 120, Nurse-Midwife Services policy was repealed. Advanced practice nurses were directed to bill in accordance with instructions contained in the Maine Medical Assistance Manual, Ch. III, Section 90, "Physician Services" thereby rendering Ch. III, Section 14 obsolete.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 8, 2002
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514, or at 1 (800) 423-4331 (Deaf/Hard-of-Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 565, Nutrient Management Rules
PROPOSED RULE NUMBER: 2002-P45
CONCISE SUMMARY The proposed amendment to the Nutrient Management Rules are intended to complete the Certified Nutrient Management Planning Specialist recertification process. Certified Nutrient Management Planning Specialists that are certified through the State of Maine need to acquire 6 recertification credits per 5 years for a private license and 10 recertification credits per 5 years for a public license. These proposed changes to the Nutrient Management Rules include a detailed process enabling the Certified Nutrient Management Planning Specialists to receive recertification credits towards their recertification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 747, Nutrient Management Act
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 8, 2002
AGENCY CONTACT PERSON: Paryse C. Turgeon
AGENCY NAME: Department of Agriculture, Food and Rural Resources ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5941


ADOPTIONS

AGENCY: 02-031 - Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2002-69
CONCISE SUMMARY: This rule establishes procedures and guidelines for filing individual and small group health insurance rates and all health maintenance organization (HMO) rates in this state. The rule is intended to inform those filing health insurance rates of the types of data required to permit the Bureau to appropriately review the filings submitted and to provide meaningful rate information to the public. In addition, annual data reporting requirements set forth in Appendix A will enable the Bureau to monitor the continued viability of Maine's small group and individual health plan markets.
EFFECTIVE DATE: February 26, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 6, Rules Relating to Recording Occupational Injuries and Illnesses in the Public Sector
ADOPTED RULE NUMBER: 2002-73
CONCISE SUMMARY: Establishes rules for the recording of occupational injuries and illnesses by public sector employers. These rules closely conform to the standards set by the U.S. Department of Labor, which apply to private sector employers, by using the Federal forms and general procedures.
EFFECTIVE DATE: March 2, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #03-02
ADOPTED RULE NUMBER: 2002-74
CONCISE SUMMARY: Minimum March, 2002 Class I price is $14.87 plus $.15/cwt. Producer Cost of Production and an over order premium of $ 1.00/cwt. as being prevailing in southern New England for a total of $16.02. Class II minimums set at $12.84 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: March 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28 Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Updating the Federal Poverty Level Income Guidelines (Emergency) - Rev. #59-E
ADOPTED RULE NUMBER: 2002-75
CONCISE SUMMARY: This policy proposes to update the federal poverty level income guidelines contained in the Public Assistance Manual. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
EFFECTIVE DATE: February 27, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - 2002 Federal Poverty Levels (Emergency Policy) - Rev. #200E
ADOPTED RULE NUMBER: 2002-76
CONCISE SUMMARY: This rule puts into effect the 2002 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: February 27, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948

 


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