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May 14, 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 Medical Services
RULE TITLE OR SUBJECT: Ch. 107, Medical Eye Care Program,
PROPOSED RULE NUMBER: 2003-P95
CONCISE SUMMARY: This proposed rule: 1) establishes a new copayment requirement for pharmacy and hospital services; 2) clarifies that coinsurance and deductible costs are not covered services; 3) eliminates reimbursement for out of state travel expenses; and 4) updates and clarifies language throughout the policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173, L.D. 1319.
PUBLIC HEARING: June 5, 2003 at 1:00 p.m. in conference room #4, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 23, 2003. See http://www.maine.gov/bms/rulemaking/ for rule and related rulemaking documents.
DEADLINE FOR COMMENTS: June 16, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy, Division of Policy and Provider Services
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 26, Day Health Services
PROPOSED RULE NUMBER: 2003-P96
CONCISE SUMMARY: Updated and new definitions, as well as updated non-covered services and staff qualifications Sections are proposed; some Sections are deleted because they are set forth in Ch. 1; terminology is updated to include such terms as MaineCare and "member." Ch. III proposes a rate increase and new procedure codes to comply with federal requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173
PUBLIC HEARING: June 2, 2003, 9 a.m., Conf. Room 1-A, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through June 12, 2003. These rules are available online at http://www.maine.gov/bms/rulemaking/
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 1-800-321-5557 option 9
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: Ch. III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
PROPOSED RULE NUMBER: 2003-P97
CONCISE SUMMARY: Ch. III proposes rate increases for certain services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: June 2, 2003, 9 a.m., Conf. Room 1-A, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through June 12, 2003. These rules are available online at http://www.maine.gov/bms/rulemaking/
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 1 (800) 321-5557 option 9
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: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2003-P98
CONCISE SUMMARY: This rulemaking caps prices for certain supplies, and reduces reimbursement for orthotics and prosthetics. Other changes include, but are not limited to: clarifying and expanding prior authorization requirements; adding, revising and clarifying criteria for some covered services and clarifying documentation requirements. The rule clarifies process and procedure for the implementation of requests for proposals (RFPs) for the purchase of select medical supplies and durable medical equipment. See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173 and P.L. 2003, Ch. 20
PUBLIC HEARING: 9 a.m., June 5, 2003 Conference room 3, Bureau of Medical Services, 422 Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 16, 2003
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner, Division of Policy and Provider Services
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2003-P99
CONCISE SUMMARY: The proposed rules include an approximate 30% rate increase for each level of adult family care service. The rate increase is possible through recent implementation of a NF tax. The Department has also updated billing codes to meet HIPAA compliance. The rule change includes terminology updates. See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173.
PUBLIC HEARING:
Date: June 4, 2003, 1:30 p.m.
Location: Department of Human Services, Room, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 27, 2003.
DEADLINE FOR COMMENTS: June 16, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 501, Maine Certificate of Need Act Limitation
PROPOSED RULE NUMBER: 2003-P100
CONCISE SUMMARY: This proposed new rule will, with certain exceptions, prohibit the Department of Human Services from accepting any letter of intent for a certificate of need until May 4, 2004. This rule is currently in effect as a result of emergency rulemaking. See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c. 342.
PUBLIC HEARING: June 4, 2003, 10:00 a.m., Bureau of Medical Services, 442 Civic Center Drive, Conference Room 4, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 23, 2003.
DEADLINE FOR COMMENTS: June 16, 2003
AGENCY CONTACT PERSON: Steven R. Keaten, Healthcare Financial Analyst
AGENCY NAME: Certificate of Need Unit
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1836
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
FAX: (207) 287-1832


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2003-P101
CONCISE SUMMARY: These proposed regulations incorporate the per bed fee increase from $15 to $26 per bed to operate a skilled nursing facility or a nursing facility in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA ch. 405 1815, and the Budget Bill, Fiscal Year 2004-2005, LD 1319
DATE(S)/PLACE(S) OF HEARING(S): Tuesday, June 3, 2003 at 1:30 p.m., Room 1 A/B, 442 Civic Center Drive, Augusta, Maine 04333-011
DEADLINE FOR COMMENTS: June 13, 2003
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, #11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY-DEAF/HARD OF HEARING: (207) 287-9312


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2003-P102
CONCISE SUMMARY: These regulations incorporate the per bed fee increase of licensure to operate a hospital in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA ch. 405 1815, and Budget Bill, Fiscal Years 2004-2005, L.D. 1319
DATE(S)/PLACE(S) OF HEARING(S): Monday, June 2, 2003 at 1:30 p.m., Bureau of Medical Services, Conference Room 1A/B, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: June 12, 2003
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, #11 SHS, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY-DEAF/HARD OF HEARING: (207) 287-9312


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 501, Maine Certificate of Need Act Limitation
ADOPTED RULE NUMBER: 2003-116
CONCISE SUMMARY: This emergency rule will, with certain exceptions, prohibit the Department of Human Services from accepting any letter of intent for a certificate of need from May 5, 2003 through August 2, 2003. This rule is being proposed concurrently under the regular rulemaking process. See http://www.maine.gov/bms/rulemaking/ for rule and related rulemaking documents.
EFFECTIVE DATE: May 5, 2003 through August 2, 2003
AGENCY CONTACT PERSON: Steve Keaten, Healthcare Financial Analyst
AGENCY NAME: Bureau of Medical Services, DHS
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1836
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
FAX: (207) 287-1832


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 2003-117
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and the Suggested State Radiation Control Statutes of the Conference of Radiation Control Program Directors.
EFFECTIVE DATE: June 1, 2003
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Manager, Radiation Control Program
ADDRESS: State House Station 11, Augusta, Maine 04333-0011
PHONE: (207) 287-5676


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Expansion of the 15% ABAWD Rules
ADOPTED RULE NUMBER: 2003-118
CONCISE SUMMARY: With this rule there will be an expansion of the exemptions for Able Bodied Adults Without Dependents (ABAWDS). ABAWDS have to meet two separate and distinct work requirements. The ABAWD requirement is time limited. Unless exempt, they can only receive Food Stamps for 3 months out of a 36 month time period. The federal government allocates to each state a yearly number of exemptions that can be used at each state agency's discretion to exempt certain populations of ABAWDS from the time limited requirements. This is called the "15% exemption". State agencies have broad latitude to use exemptions including extending the participation of all ABAWDS. Currently, the Maine Food Stamp program exempts ABAWDS who are homeless, language limited, have no transportation, or lack an education level above 8th grade in its 15% exemption. The 15% allocation for exemptions can be carried over from year to year. Maine currently has approximately 19,190 unused exemption slots. This policy will exempt all ABAWDS who have had 3 countable months of benefits in their specific 36 month period and who are not able to meet any other exemption. This rule will, in effect, end the closures for not meeting ABAWD work requirements for all ABAWDS until such time the Department determines there is no longer an abundance-of unused exemptions. ABAWDS will still need to fulfill normal work requirements unless exempt from those rules.
EFFECTIVE DATE: May 7, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2003-119
CONCISE SUMMARY: Dealer Margins have been established for various container sizes. New Dealer Margins are as follows: Gallon 0.7342/ Three Quart 0.8572/ Half Gallon 0.4234/ Quart 0.3161/ Twenty Quart 4.3913.
EFFECTIVE DATE: June 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
ADOPTED RULE NUMBER: 2003-121
CONCISE SUMMARY: This emergency rule avoids a threat to the public health, safety and public welfare by assuring the State has sufficient funds to maintain Intermediate Care Facilities for the Mentally Retarded (ICF-MR) services. This emergency rule makes Health Care Provider taxes pursuant to 36 MRSA ch. 373, paid by ICFs-MR, an allowable expense.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: May 6, 2003
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: Bureau of Medical Services, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011 TELEPHONE: (207) 287-9366
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - 2003 Federal Poverty Level
ADOPTED RULE NUMBER: 2003-122
CONCISE SUMMARY: This rule puts into effect the 2003 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: May 12, 2003
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011 TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Updating The Federal Poverty Level Income Guidelines, Rev. 67-A
ADOPTED RULE NUMBER: 2003-123
CONCISE SUMMARY: This rule adopts the federal poverty level income guidelines previously proposed. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
EFFECTIVE DATE: May 12, 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) 287-5098
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2003-124
CONCISE SUMMARY: This rule was developed in response to concerns by the Department of Environmental Protection (DEP) and private citizens that people have been purchasing and applying aquatic herbicides to State waters without realizing they need an aquatic discharge permit from the DEP and a commercial applicator's license from the Board of Pesticides Control. This amended rule will restrict the sale and use of aquatic herbicides by requiring that the products may only be sold by restricted use pesticide dealers who only sell them to licensed applicators. The dealer will also be required to keep records of these sales and will be asked to voluntarily provide each purchaser with a disclosure statement from the Board alerting them a permit and commercial license is needed to apply the product to State waters.
EFFECTIVE DATE: May 12, 2003
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


AGENCY: 02-380 - State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2003-125
CONCISE SUMMARY: The proposed amendment will allow a mechanism to bridge the gap between a 100 hour nursing assistant course and the required 150 hour nursing assistant course.
EFFECTIVE DATE: May 13, 2003
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


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