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Weekly Rulemaking Notices Contact Us Find It

March 20, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2002-P51
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulation:
Kimball Pond, Towns of Vienna and New Sharon: Motorboats over 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: April 10, 2002; Vienna Fire Station (Community Room), Kimball Pond Road, Vienna, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: April 22, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (formerly Maine Medical Assistance Manual): Ch. II, Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2002-P52
CONCISE SUMMARY: Revisions proposed in Ch. II Sect. 67, Nursing Facility Services, include the following: provides for the input of professional nursing judgement during the medical assessment process; allows annual re-assessments for long term residents to be deferred; clarifies that the medical eligibility criteria regarding physical, speech/language, occupational and respiratory therapy requires that services must be provided by a qualified therapist; provides that if a NF ceases to operate, a member must accept placement in the first available, appropriate, NF within a 60 mile radius of the closing NF; specifies that members classified for NF-Brain Injury services cannot simultaneously receive outpatient rehabilitation services; and appendices #1 and #2 are deleted. Proposed changes also include new terms.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING: Tuesday, April 9, 2002, 1:00 p.m., Veteran's Administration Center Togus, Building 205, Room 330, Togus, ME 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through April 19, 2002
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Bureau of Medical Services, Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1 (800) 321-5557 option 1
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (formerly Maine Medical Assistance Manual), Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2002-P53
CONCISE SUMMARY: The proposed rules provide clarification, changes and additions to the Principles of Reimbursement relevant to all nursing facilities reimbursed by the Department of Human Services, effective 7/l/01 unless stated otherwise within the specific policy area. This proposed rule defines bonuses, other types of incentive compensation, and lease payments; changes all references from Medicaid to MaineCare; incorporates language concerning the Return on Net Assets for Non-Profit Providers (effective for fiscal years beginning on or after 01/01/02); allows facilities that incur allowable routine costs less than their prospective rate to retain any savings (effective for fiscal years beginning on or after 10/1/01); changes the inflation methodology; and eliminates the language for supplemental payments.
THIS RULE MAY NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 1708(c)
PUBLIC HEARING: April 9, 2002 1:00 p.m., Veteran's Administration Center, Togus, Veteran's Administration Center, Bldg. 205, Rm. 330, Togus, Maine 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through April 19, 2002.
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Financial Services, Bureau of Medical Services
AGENCY ADDRESS: VA Center - Togus, Bldg. 205, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY: (207) 287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Roomer and Boarder Income, Rev. #60-P
PROPOSED RULE NUMBER: 2002-P54
CONCISE SUMMARY: This rule removes the option of allowing a standard rate as the cost of doing business for households with roomers and boarders. The rule allows the actual verified costs of providing room and board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3741 - 3790
PUBLIC HEARING): None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 19, 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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 2002-P56
CONCISE SUMMARY: The proposed rule amendment implements changes to conform with federal tax law changes, as well as minor modifications to the Initial Matching Grant Program and introduction of an investment rescission process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L.1999, Ch.496, 20-A MRSA Ch. 426
PUBLIC HEARING: 10:30 a.m., April 10, 2002, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before April 10, 2002, but will be accepted on or before April 23, 2002. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 28-248 - Treasurer of State

CHAPTER NUMBER AND TITLE: Ch. 101, Amendment 3 - Linked Investment Program
ADOPTED RULE NUMBER: 2002-82
CONCISE SUMMARY: The rule amendment clarifies that the Treasurer will not invest funds under the Program at a negative rate of return.

CHAPTER NUMBER AND TITLE: Ch. 102, Amendment 3 - Linked Investment Program for Commercial Enterprises
ADOPTED RULE NUMBER: 2002-83
CONCISE SUMMARY: The rule was amended to clarify that the Treasurer will not invest funds under the Program at a negative rate of return.

EFFECTIVE DATE: March 13, 2002
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


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