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June 11, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Emergency Aquaculture Lease
PROPOSED RULE NUMBER: 97-P101
CONCISE SUMMARY: This rules establishes the procedure and criteria for granting an emergency aquaculture lease for shellfish pursuant to 12 M.R.S.A. 6072-B. The rules establish the application submission requirements, allows for the Department inspection of the proposed lease site, and establishes the criteria by which the decision to grant an emergency lease request will be made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6072-B.
PUBLIC HEARING: Monday, June 30,1997, 2:00 p.m., Department of Marine Resources, Conference Room, West Boothbay Harbor, Maine
DEADLINE FOR COMMENTS: July 10, 1997
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 97-P102
CONCISE SUMMARY: The proposed rule changes to the nursing home licensing regulations will establish an additional chapter on Alzheimer's/Dementia Care Units. The proposed rules will address definitions and program disclosure requirements. The rules will also establish minimum standards for physical design, environment and safety, egress control, staffing and staff training, admission and discharge, assessment and individual care plans, therapeutic activities and social services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 1, Chapter 13, Sections 401-402, 407-408; Title 22, Chapter 1, Sections 3, 6, 42, 47; Chapter 405, Sections 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 1666A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61, 7905
PUBLIC HEARING: Wednesday, July 2, 1997 at 1:30 P.M., Pine Tree Arboretum, 153 Hospital Street, Augusta, Maine 04332
DEADLINE FOR COMMENTS: July 12, 1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5443

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Chapter 378: Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products
PROPOSED RULE NUMBER: 97-P103
CONCISE SUMMARY: This chapter sets the criteria for granting a variance from certain performance standards under 38 M.R.S.A. Section 490-D and Section 490-7- The rule establishes the performance and design standards for the storage of petroleum products at excavation sites and rock quarries. Because these rules were designated by the Legislature as "major substantive rules!' as defined in Title 5, chapter 375, subchapter I I-A, they were required to be provisionally adopted by the Board of Environmental Protection, and submitted to the Legislature for review. They were provisionally adopted by the Board on January 22, 1997. The Legislature reviewed the provisionally adopted rule and approved the rule subject to the following conditions. The Legislature's approval rests on the rule being amended to add stormwater quality standards for externally drained pits, and requires submittal of a spill prevention control and countermeasures plan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 M.R.S.A. Section 490-E
DEADLINE FOR COMMENTS: July 11, 1997
AGENCY CONTACT PERSON: Mark Stebbins
ADDRESS: Department of Environmental Protection, Bureau of Land & Water Quality, 17 State House, Station, Augusta, ME 04333
TELEPHONE: (207) 287-7810
For a copy of the proposed rule, please call Shari Goodwin at (207) 287-3350


ADOPTIONS
AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Chapter 840, Private Purchasing Alliances
ADOPTED RULE NUMBER: 97-P103
CONCISE SUMMARY: To supplement Chapter 18-A of Title 24-A M.R.S.A. by establishing standards applicable to private purchasing alliances additional to those contained in that statute.
EFFECTIVE DATE: June 30, 1997
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Office of Agricultural, Natural & Rural Resources
CHAPTER NUMBER AND TITLE: 001-600 - An Emergency Rule Regarding Disposal of Cull Potatoes
ADOPTED RULE NUMBER: 97-194
CONCISE SUMMARY: Cull potato piles must be disposed of by June 10 using Best Management Practices (BMPs). This rule stipulates the BMPs that may be used to dispose of cull potato piles. The Commissioner of Agriculture has the authority to inspect farmers to ensure proper disposal of cull potato piles and to dispose of piles that have not been disposed of properly.
EFFECTIVE DATE: June 10, 1997
AGENCY CONTACT PERSON: Peter N. Mosher
AGENCY NAME: Dept. of Agriculture, Office of Agricultural, Natural & Rural Resource
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 287-1132

AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Chapter 507, Determination of Inability to Engage in Substantially Gainful Activity
ADOPTED RULE NUMBER: 97-197
CONCISE SUMMARY: This amendment specifies the standard and definitions for considering potential job modification in determining under the Article 3-A disability plan a disability recipient's ability to engage in substantially gainful activity. The amendment makes clear that the System may consider whether a potential employer could make reasonable job modifications that would allow a disability recipient to engage in substantially gainful activity. The amendment also allocates burden of proof regarding job modifications.
RULE TITLE OR SUBJECT: Chapter 508, Disability Retirement under 5 MRSA 1122 as in Effect Prior to July 1 , 1977 (Amendment)
ADOPTED RULE NUMBER: 97-198
CONCISE SUMMARY: The purpose of these amendments is to specify the standard and definitions to be applied by MSRS in determining whether an applicant under the chapter 1122 disability program is mentally or physically incapacitated from further performance of the member's employment position. The amendment provides that a member will not be determined incapacitated if the employer agrees to make job modifications that will allow the member to perform the member's employment position. The amendment provides a definition of job modifications.
RULE TITLE OR SUBJECT: Chapter 509, Determination of Impossibility to Perform the Duties of the Employment Position
ADOPTED RULE NUMBER: 97-199
CONCISE SUMMARY: This proposed rule specifies the standard and definitions to be applied to a disability applicant under Articles 3 and 3-A by the MSRS in determining if it is impossible for the applicant to perform the duties of the employment position. The rule provides that a person will not be found to be incapacitated such that it is impossible to perform the duties of the employment position if the employer agrees to make job modifications that will allow the applicant to perform the job. The rule defines job modifications.
EFFECTIVE DATE: June 7, 1997
AGENCY CONTACT PERSON:
NAME:
Gail Drake Wright, Deputy Director
ADDRESS: #46 State House Station, Augusta, Maine 04333
PHONE #: 207-287-3461 or 1-800-451-9800

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 11, Section 67, Nursing Facility Services, Maine Medical Assistance Manual
ADOPTED RULE NUMBER: 97-200
CONCISE SUMMARY: The following changes to Section 67, Nursing Facility Services, Maine Medical Assistance Manual are adopted: 1) Section 67.02-3. Adoption of a supplemental screen for individuals who have cognitive or behavioral difficulties (e.g. Alzheimer's and other dementias), but who do not require frequent professional nursing intervention. Individuals with a qualifying score are eligible for care in a nursing facility setting. 2) New staff training requirements for NFs who admit residents pursuant to the new supplemental dementia screen. A NF must meet these training requirements in order to receive reimbursement for residents admitted under the screen.
EFFECTIVE DATE: July 3, 1997
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy Development
ADDRESS: Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5520


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