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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

March 14, 2001
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: 14 - Department of Mental Health, Mental Retardation, and Substance Abuse Services

197 - Bureau of Mental Retardation
RULE TITLE OR SUBJECT: Ch. 2, Residential Services Agreement REPEAL
PROPOSED RULE NUMBER: 2001-P86
CONCISE SUMMARY: This rule governs service agreements for residential services provided to adults with mental retardation. This rule is being repealed and replaced with a Department-wide rule governing all service agreements.
STATUTORY AUTHORITY: 34-B MRSA 5003.2.E, 34-B MRSA 5432.3

191 - Mental Health and Mental Retardation - General
RULE TITLE OR SUBJECT: Ch. 45, Services Agreement
PROPOSED RULE NUMBER: 2001-P87
CONCISE SUMMARY: This rule is the replacement for 14-197 CMR 2, "Residential Services Agreement," and applies to all agreements between DMHMRSAS and community agencies that are not subject to approval by the State Contract Review Committee.
STATUTORY AUTHORITY: 34-B MRSA 1208

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: March 26, 2001, 9a.m. - 12 p.m., Coburn Hall, Augusta Mental Health Institute, Augusta, ME
DEADLINE FOR COMMENTS: April 5, 2001
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Mental Health, Mental Retardation, and Substance Abuse Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-7368 (v)
TTY: 207-287-2000


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. (?), Resource Protection Plan and Recreation Management Plan for the Penobscot Waterway
PROPOSED RULE NUMBER: 2001-P88
CONCISE SUMMARY: Great Northern Paper, Baxter State Park, Irving Woodlands, and Wagner Forest Management are petitioning the Commission to extend the current P-RP, Resource Protection Plan, zoning on the West Branch and a portion of the East Branch of the Penobscot for a one-year period. The current Resource Plan expires on July 8, 2001. The additional year is necessary to allow time for these four landowners to prepare updated Resource Plans for their ownerships along this river. Prentiss and Carlisle does not wish to renew the Plan for the portion of the East Branch covered by the Plan within their ownership in Grindstone Township. The staff of the Land Use Regulation Commission is, therefore, petitioning the Commission to change the zoning on that part of the East Branch from P-RP, Resource Plan Protection Subdistrict, to a combination of P-RR, Recreation Protection Subdistrict, P-SL1, Shoreland Protection Subdistrict, P-FP, Flood Prone Area Protection Subdistrict, and M-GN, General Management Subdistrict.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8
PUBLIC COMMENTS: A public hearing on this proposal will not be held. Written comments, however, may be submitted to the Commission up to the deadline given below. A more detailed copy of the proposal may be obtained by writing to the address or calling the phone number also given below.
DEADLINE FOR COMMENTS: April 17, 2001
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-2631


ADOPTIONS

AGENCY: 02-296 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Examiners on Speech-Language Pathology & Audiology
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions
Ch. 2, Initial Licensure
Ch. 3, Continuing Professional Education Requirements for Renewal of Licensure in Speech-Language Pathology and Audiology
Ch. 4, The Registration and Use of Speech-Language Pathology Aides and Speech-Language Pathology Assistants by Board-Licensed Speech-Language Pathologists
Ch. 5, Scope of Practice
Ch. 6, Complaints, Code of Ethics, Discipline Imposed by other Jurisdictions
Ch. 7, Fees
ADOPTED RULE NUMBER: 2001-65 through 2001-71
CONCISE SUMMARY:
Ch. 1. Terms used throughout the rules are situated and defined here, so that they will be understood when applied elsewhere.
Ch. 2. Eligibility requirements and licensing procedure are described. The requirement to have either a master's degree or a Certificate of Clinical Competency replaces the enumeration of specific courses which normally are included in the master's degree program.
Ch. 3. Courses must now be "clinically" and "professionally" relevant to the practice, and not merely "directly" relevant, as described in the predecessor version of this rule, with the majority of hours being of clinical relevance. The course-approval process is explained.
Ch. 4. The practicum requirements for Assistants are revised from:
* Observation - 4 credit hours
* Public School - 4
* Hospital Rehabilitation - 4
To:
* Observation - 15 clock hours
* Pediatric - 40
* Adult - 40
Two options are provided for fulfillment of the practicum: completion of a regionally-accredited training program or attainment of experience while working as an aide.
Ch. 5. The specific duties falling within the purview of Speech-Language Pathologists and Audiologists are identified.
Ch. 6. This Chapter contains the code of ethics adopted by the Board, a reference to the complaint process followed by the Board, and a notification that discipline imposed by other jurisdictions may lead to disciplinary sanctions in Maine,
Ch. 7. Fees have been made the subject of a distinct Chapter.
EFFECTIVE DATE: March 5, 2001
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, State House Station #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182 (EMERGENCY), Formula for Distribution of Funds to Child Development Services (CDS) Regional Sites
ADOPTED RULE NUMBER: 2001-74
CONCISE SUMMARY: The refinement of cost projections through a data driven approach rather than a historical approach will permit the Legislature to clearly identify the reasons for cost increases and provide greater focus on potential cost containment strategies for the CDS system.
The funding formula includes consideration of the costs associated with the following functions: administration; Childfind; case management; and provision of other services, and takes into consideration other factors, which may include but are not limited to, a regional site's geographic area, the general population of children from birth to under age 6, ChildCount, the Medicaid eligibility rate and cost containment measures.
It also allows for unanticipated changes in costs or amount of mandated services provided during the fiscal year and includes a provision to limit the magnitude of gain or loss of funds a site will experience from one fiscal year to the next.
The rule for FY 01 reflects changes, from FY00 in the Administration, Childfind/Service Coordination Services, Targeted Case Management Incentive, Flexibility Between Pods, Adjustments to Allowable Personnel and to Distribution of Funds Per the Formula Sections of the regulation.
EFFECTIVE DATE: March 1, 2001
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: CDS State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6600


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 750, Standardized Health Plans
ADOPTED RULE NUMBER: 2001-75
CONCISE SUMMARY: The purpose of Part I of this Rule is to define the coverage requirements for two standardized' health plans that must be offered by all carriers providing individual and small group coverage as described in Section 3 of this Rule. This Rule also establishes marketing standards for these plans. In addition, Part I of this Rule defines a basic level of benefits that must be covered by a multiple-employer welfare arrangement (MEWA) health plan.
The purpose of Part II of this Rule is to establish product design guidelines for health maintenance organizations (HMOs) doing business in Maine. These HMO product design guidelines are designed and intended to give HMOs the flexibility to create plans, other than the required standard plans, that meet the needs of the market for health coverage at a reasonable cost. These HMO product design guidelines are not intended to be used as a standardized plan. Rather, they are intended to permit considerable flexibility in structuring co-payments, co-insurance and deductibles without sacrificing the breadth of coverage offered by HMOs in Maine.
EFFECTIVE DATE: March 10, 2001
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual Updating the Federal Poverty Income Guidelines
ADOPTED RULE NUMBER: 2001-77
CONCISE SUMMARY: This policy updates the federal poverty level income guidelines contained in the Public Assistance policy manual. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
EFFECTIVE DATE:
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - 2001 Federal Poverty Levels
ADOPTED RULE NUMBER: 2001-78
CONCISE SUMMARY: This rule puts into effect the 2001 Federal Poverty Level (FPL). The FPL's are updated each year by the U.S. Department of Health and Human Services. The FPL serves as the income limit in Medicaid for children, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: March 5, 2001
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 (Deaf/Hard of Hearing): (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSI COLA Increase - 2001
ADOPTED RULE NUMBER: 2001-79
CONCISE SUMMARY: As of 1/1/01, this rule, which shows a 3.5% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,536 to $1,590. (2) The income limit for the State Supplement for an individual living at home changes for $522 to $540 and for a couple, the change is from $784 to $811. Also, as of 1/1/01, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount of $87,000. The maximum monthly income allocation to be community spouse from the nursing home applicant increases to $2,175. The Q1 2 payment for 2001 will be $34.08 for 1 person, $74.16 for 2.
EFFECTIVE DATE: March 7, 2001
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 (Deaf/Hard of Hearing): (207) 287-6948

 


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