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March 11, 1998
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 Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Updating the Federal Poverty Level Income Guidelines
PROPOSED RULE NUMBER: 98-P41
CONCISE SUMMARY: The policy updates the Federal Poverty Level income guidelines contained in the TANF policy manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 10, 1998
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - 1998 Federal Poverty Levels
PROPOSED RULE NUMBER: 98-P42
CONCISE SUMMARY: This rule puts into effect the 1998 Federal Poverty Level (FPL). The FPL are updated each year by the Federal Department of Health and Human Services. The FPL services as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women. The 1998 FPL will mean an average increase of 1.9% in Medicaid income limits for these affected groups.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 10, 1998
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


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 3, Rules Governing the Administration of the Maine Wage Assurance Fund
PROPOSED RULE NUMBER: 98-P43
CONCISE SUMMARY: Repeal and Replace 12-170 Chapter 3. Establishes the definitions and operation of the Wage Assurance Fund which makes payments of up to two weeks wages owed an employee by an insolvent employer unable to make payment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 632
PUBLIC HEARING None; one may be requested.
DEADLINE FOR COMMENTS: April 24, 1998
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207)624-6400


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 37, Freshwater Fish Regulations
PROPOSED RULE NUMBER: 98-P44
CONCISE SUMMARY: This proposed regulation changes the daily and possession limits for brown trout, rainbow trout and black bass and adds length limits for black bass taken in the coastal waters of Maine. The purpose of the regulation is to provide consistency with existing rules currently in effect for inland waters.

RULE TITLE OR SUBJECT: Ch. 44, American Shad
PROPOSED RULE NUMBER: 98-P45
CONCISE SUMMARY: The proposed regulation establishes daily and possession limits for American shad. The purpose of the regulation is to improve the management and restoration of American shad in Maine.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, April 10, 1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station
Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 97, Private Non-Medical Institution Services and related Principles of Reimbursement
ADOPTED RULE NUMBER: 98-110
CONCISE SUMMARY: The rule describes coverage for child placing agencies and treatment foster care providers as Medicaid Child Care Facility Private Non-medical Institution providers. Other changes reduce reporting requirements for providers and better coordinate existing services. The cost report for PNMI services is repealed from the adopted rule, but is still required for cost reimbursement.
EFFECTIVE DATE: March 6, 1998
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 207-287-3799


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Hunting and Trapping
CHAPTER NUMBER AND TITLE: Ch. 4 - (4.00 - Wildlife Management Districts)
ADOPTED RULE NUMBER: 98-111
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing 30 new wildlife management districts, replacing the old deer management districts, wildlife management units, moose zones, waterfowl zones and turkey zones in an effort to design a zoning system that meets the management requirements for all species, while unifying boundary lines.
EFFECTIVE DATE: March 2, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
RULE TITLE: Ch. 129, Surface Coating Facilities Regulation (Amendments)
ADOPTED RULE NUMBER: 98-114
CONCISE SUMMARY: On January 28, 1998, the Board of Environmental Protection adopted amendments to the Chapter 129 Surface Coating Facilities regulation. These revisions are intended to simplify compliance for many of the smaller surface coating facilities without reducing real environmental benefits, and include: (1) a diminimis threshold that exempts smaller sources from regulation; (2) reduced recordkeeping requirements; 4) the exemption of coatings used on-site for the maintenance, repair or refinishing of machinery and production equipment used on-site and not offered for sale; 4) the establishment of a procedure whereby a source reducing its emissions to less than 80% of the applicability threshold and accepts an enforceable permit restriction will be eligible for an exemption from control requirements (eliminates the "once-in-always-in" provision); 5) exempting the use of up to 50 gallons of non-compliant coatings per year; 6) further defining appropriate work practices for using VOC-based solvents during cleanup operations; and 7) exempting the aerospace manufacturing sector from the control requirements of Chapter 129 since these sources are already subject to a federal maximum available control technology (MACT) requirement.
EFFECTIVE DATE: March 3, 1998
AGENCY CONTACT PERSON:
NAME: Jeffrey S. Crawford
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207-287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual

Ch. II, Section 3, Ambulatory Care Clinic Services
ADOPTED RULE NUMBER: 98-115
CONCISE SUMMARY: The final rule eliminates the need for physicians to review the treatment provided to a patient by nurse practitioners, specialized nurse practitioners and physician assistants on at least a weekly basis.

Ch. II, Section 95, Podiatric Services
ADOPTED RULE NUMBER: 98-116
CONCISE SUMMARY: The final rule change allows podiatrists access to billing codes for interpreter services and clearly defines supplies and materials.

Ch. III, Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 98-117
CONCISE SUMMARY:
The final rule replaces billing codes created by the Department with nationally accepted codes.

Ch. III, Section 23, Developmental and Behavioral Evaluation Clinic Services
ADOPTED RULE NUMBER: 98-118
CONCISE SUMMARY: The final rule corrects a spelling error in the title of the section and replaces a billing code that was inadvertently removed.

Ch. VII, Section 5, Estate Recovery
ADOPTED RULE NUMBER: 98-119
CONCISE SUMMARY: The final rule clearly defines financial hardship and who is eligible for a waiver under this section.

EFFECTIVE DATE: March 4, 1998
AGENCY CONTACT PERSON: Greg Nadeau, Medical Care Administrator
AGENCY NAME: Policy Development, Department of Human Services
ADDRESS: #11 State House Station
35 Anthony Ave.
Augusta, Maine 04333
TELEPHONE: (207) 624-5521
TTY (207) 287-3799


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