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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

March 29, 2000
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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 14, Review by Full Board
PROPOSED RULE NUMBER: 2000-P57
CONCISE SUMMARY: This rule extends the timeframe within which the Board will vote to grant or deny a request for review pursuant to 39-A MRSA 320 in cases where a motion for findings of fact is filed after a Hearing Officer has requested review. It also states that the Board will only consider the Hearing Officer's decision (including any findings of fact), the Hearing Officer's request, and a summary provided by staff.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 320
PUBLIC HEARING Thursday, April 20, 2000, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FORICOMMENTS: Monday, May 1, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 37, Home-based Mental Health Services
PROPOSED RULE NUMBER: 2000-P58
CONCISE SUMMARY: This rule updates needed services through Medicaid's Home-based Mental Health Services rule. Changes in the proposed rule include redefining the purpose and nature of these services and adding more flexibility to the treatment plan to enhance a new program that will bill under this policy, Multi Systemic Therapy, for the Department of Corrections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: April 19, 2000, 1:00 p.m.
Location: 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 April 5, 2000.
DEADLINE FOR COMMENTS: May 3, 2000
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 123, Paper Coating Regulation (Amendments)
PROPOSED RULE NUMBER: 2000-P59
CONCISE SUMMARY: This regulation establishes requirements for testing, evaluating and limiting volatile organic compound (VOC) emissions from paper coating operations. Chapter 123 currently requires all subject sources to keep daily records of their coatings use; even if they are utilizing low solvent coating technology. The Department is proposing to amend this regulation by changing the recordkeeping requirements for sources utilizing low solvent coating technology from a daily to a monthly basis, thereby clarifying and simplifying recordkeeping and compliance efforts. A hearing was held on November 4, 1999, at which time the Board received several comments on the proposed amendments. As a result of these comments, the Department has amended its proposal to incorporate an alternative emission limit of a 95 percent control efficiency for coating units utilizing add-on controls and is posting this proposal to an additional 30-day comment period.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585-A
PUBLIC HEARING: Held: November 4, 1999, 1:00 p.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: April 24, 2000
AGENCY CONTACT PERSON: Jeffrey S. Crawford
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House, Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 124, Total Reduced Sulfur Control from Kraft Pulp Mills
ADOPTED RULE NUMBER: 2000-101
CONCISE SUMMARY: The Department repealed the existing Chapter 124 and replaced it with a new version that incorporates federally required controls that reduce total reduced sulfur (TRS) emissions from kraft paper mills. Chapter 124 is updated to include controls for TRS sources such as brownstock washers, steam strippers, and waste water treatment plants. TRS compounds are extremely odorous and are responsible for the characteristic odor surrounding kraft pulp mills. Other amendments to this rule include changes to the TRS venting allowances, recordkeeping and reporting
EFFECTIVE DATE: March 20, 2000
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
PHONE: 207-287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals
ADOPTED RULE NUMBER: 2000-102
CONCISE SUMMARY: New laws passed this year require receivership in a hospital when there is substantial or habitual violations of the standards of health, safety or care established under State regulations to the detriment of the welfare of the patient/client. Also, the requirement for wearing of identification badges by persons who provide direct services in a hospital setting was made into law and require regulatory change. The final rules change the co-signature of physician assistant and nurse practitioner requirements to meet the current State regulations promulgated by the Maine State Board of Nursing and the Board of Licensure in Medicine, which are standards used today in this health care setting.

CHAPTER NUMBER AND TITLE: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
ADOPTED RULE NUMBER: 2000-103
CONCISE SUMMARY: New laws passed this year requires that employees of Home Health Care Services wear identification badges to allow the consumer to know the level of expertise of licensure/certification of who is rendering individual care to them. The identification badge must include the name of the health care provider, the employee's first name with the employee's last name being an optional item according to provider policy, and the employee's registration/licensure/certification and job title.

CHAPTER NUMBER AND TITLE: Ch. 120, Regulations Governing the Licensing and Functioning of Hospice Programs
ADOPTED RULE NUMBER: 2000-104
CONCISE SUMMARY: New laws passed this year require receivership in Hospices when there is substantial or habitual violations of the standards of health, safety or care established under State regulations to the detriment of the welfare of the patient/client. Also, the requirement for wearing of identification badges by persons who provide individual services in Hospices was made into law and require regulatory change. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/certification and job title.

CHAPTER NUMBER AND TITLE: Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities
ADOPTED RULE NUMBER: 2000-105
CONCISE SUMMARY: New laws passed this year require receivership in Ambulatory Surgical Facilities when there is substantial or habitual violations of the standards of health, safety or care established under State regulations to the detriment of the welfare of the patient/client. Also the requirement for wearing of identification badges by persons who provide services in Ambulatory Surgical Facilities was made into law and require regulatory change. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/licensure/ certification and job title.

CHAPTER NUMBER AND TITLE: Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities
ADOPTED RULE NUMBER: 2000-106
CONCISE SUMMARY: New laws passed this year require receivership in End Stage Renal Disease Units/Facilities when there is substantial or habitual violations of the standards of health, safety or care established under State regulations to the detriment of the welfare of the patient/client. Also the requirement for wearing of identification badges by persons who provide individual services in End Stage Renal Disease Units/Facilities was made into law and require regulatory change. The identification badge must include the name of the health care provider, the employee's first name and first initial of last name, and the employee's registration/ licensure/certification and job title.

EFFECTIVE DATE: April 1, 2000
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 (Telephone)
(207) 624-5512 (TTY Deaf/Hard of Hearing)
(207) 624-5378 (FAX)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2000-107
CONCISE SUMMARY: These rule changes allow case management services for recipients ages 0 through 20 to be reimbursed under a single subsection and three levels of services have been established to provide an appropriate rate of reimbursement. Additional changes were made to allow other providers access to already existing sections and the Bureau of Child and Family Services now has the ability to contract for case management services.
EFFECTIVE DATE: March 25, 2000
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy and Programs
ADDRESS: 11 State House Station, 35 Anthony Ave. Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515
TTY (207) 287-1828 or 1(800) 423-4331


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Governing the Chemical Substance Identification Law
ADOPTED RULE NUMBER: 2000-109
CONCISE SUMMARY: The purpose of this change is to repeal rules governing toxic and hazardous substances as promulgated by the Director effective September 10, 1984.
EFFECTIVE DATE: March 25, 2000
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, General Assistance Manual - Emergency Applications for Assistance
ADOPTED RULE NUMBER: 2000-110
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in how municipalities may treat emergency applications. Municipalities have the option to provide emergency assistance under the General Assistance Program when the emergency is imminent and failure to respond may result in undue hardship and unnecessary cost.
EFFECTIVE DATE: March 26, 2000
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 14, Certified Family and Pediatric Nurse Practitioner Services Also repeals Ch. II, Section 120, Nurse-Midwife Services Policy.
ADOPTED RULE NUMBER: 2000-111
CONCISE SUMMARY: This final rule consolidates policies for advanced practice nursing services into a single new policy and adds coverage for all nurse practitioners and certified registered nurse anesthetists. Changes include: changing the name of the policy from "Certified Family and Pediatric, Nurse Practitioner Services" to "Advanced Practice Registered Nursing Services;" repealing the separate MMAM, Section 120, Nurse-Midwife Services policy; inclusion of new definitions; streamlining of policies and procedures to reduce duplication with procedures contained in Chapter 1 of the MMAM; clarification of reimbursement and billing requirements; and related editing changes.
EFFECTIVE DATE: March 29, 2000
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
TTY: 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 856, Licensing of Hazardous Waste Facilities
ADOPTED RULE NUMBER: 2000-112
CONCISE SUMMARY: The rule provides standards to facilitate the recycling of certain hazardous wastes through an abbreviated permit process. The rule incorporates existing federal requirements that must be met in the event of an enforcement action but requires that the information be submitted prior to the first shipment. The rule allows qualifying wastes to be shipped by common carrier or hazardous waste transporter and makes it possible to accumulate the waste on site for up to 180 days if sufficient capacity exists. These changes will enhance the economics of recycling, especially to recycling markets located outside the state, and promote compliance with existing state and federal requirements.
EFFECTIVE DATE: March 26, 2000
AGENCY CONTACT PERSON: Scott Whittier
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station #17
TELEPHONE: (207) 287-2651


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 22, Home and Community-Based Waiver Services for the Physically Disabled
ADOPTED RULE NUMBER: 2000-113
CONCISE SUMMARY: Changes to Chapter III implement the mandate of PL 1999 c. 401 to increase Personal Care Attendant (PCA) wages for services delivered on or after 10/1/99. A combination of new funds appropriated by the Legislature and administrative savings will provide an increase in direct wages for PCAs. These rules adopt rate increases, which were previously adopted under emergency rules.
EFFECTIVE DATE: April 1, 2000
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011 TELEPHONE: (207) 624-5519 or 1-800-321-5557 option 1
DEAF/HARD OF HEARING: TTY# 287-1828 or TTY# 1-800-423-4331


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