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May 19, 1999
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 600, Oil Discharge Prevention and Pollution Control at Marine Oil Terminals and Transportation Pipelines
PROPOSED RULE NUMBER: 99-P88
CONCISE SUMMARY: This rule identifies the minimum design and operating requirements for marine oil terminals and intrastate pipelines. Topics addressed include: vessel operation and navigation; facility siting, design and construction; training and safety; and closure of tanks and facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, section 546, subsection 4.
PUBLIC HEARING: 1:00 p.m., Wednesday, June 9,1999, at the Holiday Inn, Civic Center Drive (Route 8/11), Augusta.
DEADLINE FOR RECEIPT OF WRITTEN COMMENTS: 5 p.m., Friday, July 9, 1999
AGENCY CONTACT PERSON: Richard Kaselis, Department of Environmental Protection, State House Station # 17, Augusta Me 04333
PHONE: 287-2651


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 17, Community Support Service for Persons with Severe and Disabling Mental Illness
PROPOSED RULE NUMBER: 99-P89
CONCISE SUMMARY: This proposed policy will require eligible providers of community support services for persons with severe and disabling mental illness to hold a valid contract with the Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS) in order to be reimbursed by Medicaid for the delivery of covered services as reflected under Section 17. DMHMRSAS will contract with any licensed agency willing to contract and able to meet standard DMHMRSAS contract requirements for community support services. Intensive Case Management (ICM) Services will be added as a covered service under Section 17. Living Skills Services has been deleted and replaced as In-home Support. Section 17.07-1, Assessments, adds additional requirements and Section 17.07-3, Records, further clarifies recordkeeping requirements. In addition, nurse practitioners, physician assistants and occupational therapist registereds are added to the list of Mental Health Professionals who may be reimbursed for the delivery of certain covered services as indicated under Section 17. Chapter III reflects associated rate changes. Copies of the proposed changes are available for public review at the following human services regional and county clerk's offices:

Receptionist
Portland Regional Office
509 Forest Ave.
Portland Maine 04101

Receptionist
Sanford District Office
39 Ignatius St.
Sanford, Maine 04073

Receptionist
Rockland District Office
360 Old Country Rd.
Rockland, Maine 04841

Receptionist
Calais District Office
88A South Street
Calais, Maine 04619

Receptionist
Machias District Office
13 Prescott Dr.
Machias, Maine 04654

Receptionist
Caribou district Office
14 Access Highway
Caribou, Maine 04736

Receptionist
Farmington District Office
25 Main St.
Farmington, Maine 04938
Receptionist
Biddeford District Office
208 Graham St.
Biddeford, Maine 04005

Receptionist
Lewiston Regional Office
200 Main St.
Lewiston, Maine 04240

Receptionist
Augusta Regional Office
219 Capitol St.
Augusta, Me. 04333

Receptionist
Ellsworth District Office
17 Eastward Lane
Ellsworth, Maine 04605

Receptionist
Fort Kent District Office
92 Market St.
Fort Kent, Maine 04743

Receptionist
Skowhegan District Office
140 North Ave.
Skowhegan, Maine 04976

Receptionist
Houlton Regional Office
11 High Street
Houlton, Me. 04730
Receptionist
Bangor Regional Office
396 Griffin Rd.
Bangor, Me. 04401

Carolyn K. Doore, County Clerk
Piscataquis County Office
51 E. Main St.
Dover-Foxcroft, Me. 04426

Marilyn C. Keene, County Clerk
Waldo County Office
103 Church St.
Belfast, Me. 04915

Nancy Giles, County Clerk
Lincoln County Office/Atten. D. Tibbetts
High St./PO Box 249
Wiscasset, Me. 04578

Carole G. Mahoney, County Clerk
Oxford County Office
26 Western Ave.
So. Paris, Me. 04281

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: June 8, 1999, 1:00 p.m.,1st Fl. Conference Rm., 35 Anthony Ave, Augusta, Me. 04333-0011
DEADLINE FOR COMMENTS. June 18, 1999
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Division of Policy and Programs
ADDRESS: 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: 624-5517 or 1-800-321-5557 option I
TTY: 1-800-423-4331 (Deaf/Hard of Hearing) or 287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Upland Game and Furbearing Animals
PROPOSED RULE NUMBER: 99-P90
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend the annual hunting season dates on the following upland game species:

Species Open Season on Hunting
Gray Squirrel October 1 - November 30 December 31
Ring Necked Pheasant October 1 - November 30 WMUs 1, 2 WMDs 1, 2, 3, 4, 5, 6
October 1 - December 10 31 WMUs 3, 4, 5, 6, 7, 8
WMDs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30
October 1 - December 31 in York and Cumberland Counties
Ruffed Grouse (Partridge) October 1 - November 30 WMUs 1, 2 WMDs 1, 2, 3, 4, 5, 6
October 1 - December 10 31 WMUs 3, 4, 5, 6, 7, 8
WMDs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30
Bobwhite Quail October 1 - November 30 WMUs 1, 2 WMDs 1, 2, 3, 4, 5, 6
October l - December 10 31 WMUs 3, 4, 5, 6, 7, 8
WMDs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30

The daily bag and possession limits remain the same on all of the above species (daily bag of 4 and possession limit of 8 on all species except Ring Necked Pheasant which has a daily bag limit of 2 and a possession limit of 4). This proposal also repeals 4.01(E) which prohibits the use of dogs to hunt for wild hares or rabbits during the firearms season on deer. A law was enacted to allow the use of dogs; therefore this rule is being repealed.
STATUTORY AUTHORITY: 12 M.R.S.A Sections 7035
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: June 18, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & 111, Section 3, Ambulatory Care Clinic Services and Related Allowances.
PROPOSED RULE NUMBER: 99-P91
CONCISE SUMMARY: This rule change is required to reflect changes in federal policy which allow Indian Health Clinics to enroll as either Ambulatory Care Clinics or Federally Qualified Health Centers and to change reimbursement rates for Primary Health Care Clinics.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: No public hearing is scheduled unless requested in writing by at least five parties.
DEADLINE FOR COMMENTS: June 18, 1999
AGENCY CONTACT PERSON: Marianne Ringel, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5528
TTY: 1-800-423-4331 or 207-287-1828


AGENCY: 94-348 - Maine Human Rights Commission
RULE TITLE OR SUBJECT: Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 99-P92
CONCISE SUMMARY: This addition clarifies that the Maine Human Rights Act permits the Court to award actual damages to a victim of unlawful housing discrimination, even if the victim did not first file a complaint with the Maine Human Rights Commission. It clarifies that the Maine Human Rights Act is consistent with federal fair housing law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 4566(7)
PUBLIC HEARINGNone scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 18, 1999
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 1999
PROPOSED RULE NUMBER: 99-P93
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,383 and the shelter allowance will be $415, effective July 1, 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 18, 1999.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P94
CONCISE SUMMARY: Currently, individuals who are receiving Food Stamps and who are either caretaker relatives or absent parents of children under the age of eighteen must cooperate with child support enforcement agencies or face sanctions in Food Stamps. This optional rule is being discontinued.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 18, 1999.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 250, Rules for the Control of Notifiable Conditions
ADOPTED RULE NUMBER: 99-203
CONCISE SUMMARY: These rules amend the current Department of Human Services regulations which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease. The amendments are being made in order to include new disease entities and to expand the list of notifiable conditions and to incorporate appropriate reporting processes into the regulations, as required by MRSA, Chapter 250, Control of Communicable diseases, Sections 801-825.
EFFECTIVE DATE: June 1, 1999
AGENCY CONTACT PERSON: Kathleen F. Gensheimer, M.D., M.P.H., State Epidemiologist
AGENCY NAME: Maine Bureau of Health
ADDRESS: 11 State House Station, Augusta, Maine 04333


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