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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
(207) 624-7650
FAX (207) 287-6545

June 13, 2001
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: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 810, Maine Unitary Business Taxable Income, Combined Reports and Tax Returns
PROPOSED RULE NUMBER: 2001-P147
CONCISE SUMMARY: The purpose of the proposed rule is to establish standards for determining Maine income tax for unitary businesses and for filing combined reports and the related income tax returns. The proposed Rule 810 provides guidance for computing "taxable income under the laws of the United States" in the case of a unitary business that is included in a larger group of affiliated corporations who filed a federal consolidated return, as well as in other situations involving a unitary business. It also provides guidance for computing state modifications, Maine net income, and Maine income tax. Also addressed are differing year-end dates, use of credits, single or separate returns, and allocation and use of net operating loss deductions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled as yet.
DEADLINE FOR COMMENTS: July 13, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services, Division of Medicaid Policy and Programs
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2001-P148
CONCISE SUMMARY: These changes constitute a major revision of the rule. They include, but are not limited to, substantially reducing the need for prior authorization, allowing providers to use Medicare forms in place of Medicaid forms for prior authorization purposes, increasing the limit on allowable mark-up from $1,500 to $2,000 and establishing a monthly rate for oxygen services. Chapter 3, Section 60 is repealed. The Department will produce annually an automated list of codes and reimbursement rates in place of the repealed Chapter III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: July 3, 2001, Augusta Civic Center, Arnold/Howard Room, Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: July 16, 2001
AGENCY CONTACT PERSON: Gregory Nadeau, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515 or 1-(800) 321-5557, option I
TTY: (207) 287-1828/ 1-(800) 423-4331


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
ADOPTED RULE NUMBER: 2001-191
CONCISE SUMMARY: These Rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: W. Clough Toppan, Director
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta, ME 04333
TELEPHONE: (207) 287-5686
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 02-313 - Board of Dental Examiners
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 2001-192
CONCISE SUMMARY: The Board engaged in consensus-based rulemaking to amend the rule, as a result of Legislative Resolve 104, to make Public Health Supervision (PHS) status for dental hygienists less restrictive. The rule, as amended, expands the scope of practice settings for PHS and lists the roles and responsibilities of both the hygienist and the supervising dentist. It also revises the criteria that the Board will use to assess requests for PHS status, and outlines the application and approval process, as well as the reporting requirements. Finally, it contains a provision concerning the availability and mechanism for reimbursement of services provided by the hygienist when working under PHS status.
EFFECTIVE DATE: June 10, 2001
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2001-193
CONCISE SUMMARY: This adopted rule amends Section 73, Personal Care Assistance for Severely Disabled Adults, of the Bureau of Elder and Adults Services Policy Manual. They include, but are not limited to, reorganization of the section to make it consistent with other consumer-directed home care programs, the addition of Task Time Allowances and amendments to the definition, eligibility, covered services and non-covered services part of the section.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335. Toll free: 1-(800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


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