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Weekly Rulemaking Notices Contact Us Find It

April 16, 2003
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. 331, Public Assistance Manual (TANF) - Aligning TANF Policy with MaineCare Policy - Rev. #69-P
PROPOSED RULE NUMBER: 2003-P75
CONCISE SUMMARY: This rule proposes to align TANF policy concerning verification of income with MaineCare policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled, unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: May 16, 2003
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: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Ch. 10, Determination of Assessments
PROPOSED RULE NUMBER: 2003-P76
CONCISE SUMMARY: This rule, as amended, identifies those health care providers, health insurance entities, carriers that provide only administrative services for a plan sponsor and third-party administrators required to pay annual assessments for the operational costs, which include staff salaries, administrative expenses, data system expenses, and consulting fees, of the Maine Health Data Organization. This rule also establishes the process for determining the individual assessments for each entity and the timetable for payment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8704, sub- 4 and 8706, sub- 2
PUBLIC HEARING: May 8, 2003, 9:00 a.m., Washington - York Room, Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: May 30, 2003
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Executive Director
ADDRESS: Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, Maine 04333-0102
TELEPHONE: (207) 287-6722


AGENCY: 14-197 - Department of Behavioral and Developmental Services

RULE TITLE OR SUBJECT: Ch. (New), Reporting, Investigation and Review of Reportable events
PROPOSED RULE NUMBER: 2003-P77
CONCISE SUMMARY: This policy establishes uniform procedures and forms for documenting, reporting, investigating and reviewing events that have or may have an adverse impact upon the safety, welfare, rights or dignity of adults with mental retardation or autism.
STATUTORY AUTHORITY:
18-A MRSA Secs. 1-201, 5-101, 5-312, 5-601, 5-606, 5-607
22 MRSA Secs. 3025, 3026, 3028, 3427, 3471-73, 3477-78, 3480,3483,3486
29-A MRSA Sec 2081
34-B MRSA Secs. 1205, 3003, 3803, 3832, 5480, 5001, 5461, 5601-06
22 MRSA Sec. 7921-24

RULE TITLE OR SUBJECT: Ch. (New), Regulations Governing Adult Protective Assessments & Investigations for Persons with Mental Retardation or Autism
PROPOSED RULE NUMBER: 2003-P78
CONCISE SUMMARY: This policy governs investigations by the Department of Behavioral and Developmental Services arising from allegations of abuse, neglect or exploitation of incapacitated or dependent adults with mental retardation or autism.
STATUTORY AUTHORITY: 22 MRSA 3470 et seq.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 1 p.m., May 7, 2003, Room 1A Marquardt Building, 32 Blossom Lane, East Campus, Augusta. This room is handicapped accessible. Persons requiring additional accommodations, including ASL interpretation, must notify the contact person no later than May 2, 2003 to make arrangements.
DEADLINE FOR COMMENTS: May 19, 2003
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000 (TTY)


AGENCY: 16-222 - Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 6, Transportation of Hazardous Materials
PROPOSED RULE NUMBER: 2003-P79
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the transportation of hazardous materials in commerce as found in title 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387 and 397.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 25 MRSA Section 2103-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 16, 2003
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Bureau of State Police
ADDRESS: #20 State House Station, Augusta, Me. 04333
TELEPHONE: (207) 624- 8939


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 2003-P80
CONCISE SUMMARY: Proposed changes include: expanded eligibility, including new and revised eligibility criteria; new and revised definitions; revised covered services including a limit on IADL services to 10 hours per month and a new one-hour PCA visit; new coverage for medication administration by qualified CNAs; revisions to the PCA training and orientation requirements; new requirements for criminal background checks and a prohibition of using workers with certain criminal convictions; clarified requirements for family members working as PCAs; and, clarification of requirements for provider records and progress notes. Ch. III proposes rate increases.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: May 5, 2003, 1 p.m., Conf. Room 1-B, Bureau of Medical Services, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through May 15, 2003.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360 or (800) 321-5557 option 9
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# (800) 423-4331


ADOPTIONS

AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE: Ch. 280, Rules Relating to the Maine Birth Defects Program
ADOPTED RULE NUMBER: 2003-95
CONCISE SUMMARY: These rules implement Ch. 1687 of Title 22 of the Maine Revised Statutes Annotated, establishing the Maine Birth Defects Program. The rules define the responsibilities of hospital administrators, physicians and other health care providers with regard to the reporting of the presence of birth defects in an infant or fetus. These rules and regulations address the designation of a contact person in each hospital, timing of reports, parental refusal of participation, access to medical records and other information and confidentiality of case records.
EFFECTIVE DATE: May 1, 2003
AGENCY CONTACT PERSON: Vicki York
AGENCY NAME: Department of Human Services
ADDRESS: Genetics Program DHS, BOH, Div. Family Health, 11 State House Station, Augusta, Maine 04333 TELEPHONE: (207) 287-5357


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 21, Home and Community-Based Waiver for Persons with Mental Retardation
ADOPTED RULE NUMBER: 2003-96
CONCISE SUMMARY: Revisions to this rule include the addition of non-traditional communication services, an increase in the limit on environmental modifications, and minor wording changes, including the change in the name of Maine Medicaid to MaineCare, and other terminology.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: April 10, 2003
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Policy & Provider Relations
ADDRESS: Bureau of Medical Services, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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