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May 22, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2002-P139
CONCISE SUMMARY: The proposed rule adds coverage of certain prescription drugs for specific conditions. The proposed rule also adds prior authorization requirements for certain A-rated generic drugs designated by the Department. The proposed rule removes post-consumption billing provisions for pharmacies servicing NFs, PNMls, lCFs-MR, and RCFs. The proposed rule also clarifies ingredient cost calculation for compound drugs. Other edits include changing the term DEL (Drugs for the Elderly) to HMPD, as this benefit is a part of the Healthy Maine Prescriptions (HMP) benefit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STAT4JTORY AUTHORITY: 22 MRSA 42, f 3173
PUBLIC HEARING: Date: June 11, 2002 1:30 p.m. Location: Department of Human Services, Large Conference 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 June 4, 2002.
DEADLINE FOR COMMENTS: June 24, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider 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)


ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
ADOPTED RULE NUMBER: 2002-142
CONCISE SUMMARY: This rule, as amended, identifies those health care providers, health insurance providers, 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 chapter also establishes the process for determining the individual assessments for each entity and the timetable for payment.
EFFECTIVE DATE: May 15, 2002
CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME:- Maine Health Data Organization
ADDRESS: Gardiner Annex - 122 Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities (addition of Section 3-A, Siting Restrictions for New Facilities)
ADOPTED RULE NUMBER: 2002-144
CONCISE SUMMARY: This rule amendment would establish restrictions on the siting of future underground oil storage tank facilities on mapped significant sand and gravel aquifers, and thereby reduce the risk of costly discharges of oil to these geologically sensitive locations and important future sources of public drinking water. The proposed amendment prohibits the siting of new underground oil storage facilities on significant sand and gravel aquifers mapped by the Maine Geological Survey. Exempt from the rule are on-site consumptive use heating oil facilities, replacement tanks and facilities and the conversion of aboveground oil storage facilities to underground facilities. Variances from the prohibition are available from the Commissioner, upon application, for sites where their potential as a future drinking water supply resource are low because of low yield or existing pollution, or only of moderate yield. New facilities on high potential public drinking water supply aquifers are prohibited. This rule amendment under Maine statute required the approval of the Legislature as a substantive rule. The rule was approved by emergency resolve, PL 2002, Chapter 99 and signed by the Governor on April 3, 2002.
EFFECTIVE DATE: June 13, 2002
AGENCY CONTACT PERSON: George Seel
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: Bureau of Remediation & Waste Management, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2651


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