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July 9, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(c), Groundfish Regulations, Whiting
PROPOSED RULE NUMBER: 2003-P144
CONCISE SUMMARY: The proposed fishing regulations would prohibit the federal whiting fishery inside the 3-mile limit, require vessels possessing federally exempted grate raised footrope trawl (GRFT) net/gear to obtain an endorsement from DMR in order to possess or land whiting in Maine taken with the GRFT and would require reporting and the allowance of observers on board at the request of the Department of Marine Resources or NOAA Fisheries, National Marine Fisheries Service (NMFS). This proposed rulemaking would not apply to recreational hook and line fishing of whiting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6173
PUBLIC HEARING: Monday, July 28, 2003, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Thursday, August 7, 2003
AGENCY CONTACT PERSON: Daniel Schick
MAIL WRITTEN COMMENTS TO: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04675-0008
WEB SITE: www.maine.gov/dmr/rulemaking TELEPHONE: (207) 633-9500
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 32, Proposed Statement for Administering the 2004 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2003-P145
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:

July 29, 2003
10:00 a.m.
EMDC Conference Room
One Cumberland Place
Suite 300
Bangor, Maine 04402
July 30, 2003
10:00 a.m.
EMDC Conference Room
Burton Cross Building 3rd Floor
111 Sewall Street
Augusta, Maine 04333
August 1, 2003
10:00 a.m.
Council Chamber
City Hall
12 Second Street
Presque Isle, Maine 04769
DEADLINE FOR COMMENTS: August 13, 2003 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic and Community Development, Office of Community Development
ADDRESS: 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816

AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 13, Uniform Rule for the Substantiation of Continuing Education Requirements
PROPOSED RULE NUMBER: 2003-P146
CONCISE SUMMARY: The rule establishes uniform requirements for the substantiation of continuing education requirements. Currently, licensing programs that require completion of continuing education activities as a condition of license renewal expend significant resources to review all submissions of continuing education documentations. As the overall licensee pool increases without corresponding increases in state resources, the function of reviewing and verifying compliance with continuing education requirements has become unwieldy. This rule institutes an audit procedure whereby applicants for license renewal will certify to completion of continuing education requirements. Subsequent to renewal, licensees will be selected at random for a continuing education audit. In addition, an individual licensee may be selected for an audit as part of an investigation or if there is reasonable cause to believe the licensee has provided a false certification concerning the completion of continuing education requirements. A finding of non-compliance with the continuing education requirement would then be addressed by the regulatory authority. This rule does not alter or amend a licensing board's authority to require or approve continuing education activities or to establish the number and nature of continuing education hours required for renewal.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.,
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(E)
PUBLIC HEARING: July 31, 2003, 1:30 p.m., Kennebec Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: August 11, 2003
AGENCY CONTACT PERSON: Anne L. Head, Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8633


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual - Community Spouse Minimum Standard and Shelter Allowance - 2003 and Exclusions in Determining the Cost of Care in Nursing Facilities and Residential Care
PROPOSED RULE NUMBER: 2003-P147
CONCISE SUMMARY:
1) For Nursing Facility Residents: the minimum amount of income that can be sent to the community spouse is increasing.
2) In determining the cost of care for nursing facility and residential care: (a) up to $1,000/month court ordered child support that is garnished from income is now an allowed expense; (b) when retirement benefits are reduced to provide for continued benefits to a surviving spouse amount of income will be used to a maximum of $1,000/month as long as the reduction is irreversible.
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: August 8, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (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. 332, MaineCare Eligibility Manual -
1. Exclusion of Ineligible Spouse Income
2. Various Edits
PROPOSED RULE NUMBER: 2003-P148
CONCISE SUMMARY: This rule allows an income exclusion for the ineligible spouse for certain MaineCare applicants and makes various edits.
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: August 3, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
RULE TITLE OR SUBJECT: Ch. 8, Rules Governing Consumer Directed Personal Care Assistance Services (replaces 10-149 CMR Ch. 5 Section 73)
PROPOSED RULE NUMBER: 2003-P149
CONCISE SUMMARY: The proposed rule, as a result of legislation passed in 2002, changes the name of the Personal Care Assistance for Severely Physically Disabled Adults program to Consumer Directed Personal Care Assistance Services and transfers the administration of the program from the Department of Human Services, Bureau of Elder and Adult Services to the Department of Labor, Bureau of Rehabilitation Services. The rule also makes numerous structural and administrative changes throughout the program. Changes are included in the sections dealing with: definitions, eligibility for services, duration of services, covered services, non-covered services, policies and procedures, professional and other qualified staff, consumer records and program results, program responsibilities, consumer payments, methods for reviewing requests for waivers of consumer payments, and appeals process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 1412-G(6)
PUBLIC HEARING: July 31, 2003, 12:30-4:00 p.m., Cross Building, Room 208, 111 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 10, 2003
AGENCY CONTACT PERSON: Patten Williams, Director, CDPAS Programs
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 2 Anthony Avenue, State House Station 150, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5922


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual; Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2003-219
CONCISE SUMMARY: This emergency rule changes the outpatient reimbursement methodology for non-governmental psychiatric hospitals from cost based reimbursement to a negotiated rate for a ninety (90) day period from June 30 to September 27, 2003. A copy of the rule, interested parties letter and Maine Administrative Procedure Act (MAPA-4) form are available at the following website http://www.maine.gov/bms/rulemaking/
EFFECTIVE DATE: June 30, 2003
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 11 State House Station Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368, (800) 321-5557 option 9
TTY: (207) 287-3094 or (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 2003-220
CONCISE SUMMARY: These emergency rules raise the fees a skilled nursing facility or nursing facility must pay from $15.00 to $45.00 per bed to operate a skilled nursing facility or nursing facility in the State of Maine. To implement the provisions of the Budget Bill, Fiscal Years 2004-2005, L.D. 1319, where the Legislature amended 22 MRSA, Section 1815 to increase the licensing fees for skilled nursing facilities and nursing facilities to $45.00.
EFFECTIVE DATE: July 1, 2003 through September 28, 2003 or until replaced by the adoption of the current proposed rules.
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY DEAF/HARD OF HEARING: (207) 287-9312
FAX: (207) 287-9304


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals
ADOPTED RULE NUMBER: 2003-221
CONCISE SUMMARY: These emergency rules raise the fees a hospital must pay from $10.00 to $100.00 per bed for licensure to operate a hospital in the State of Maine. To implement the provisions of the Budget Bill, Fiscal Years 2004-2005, L.D. 1319, where the Legislature amended 22 MRSA, Section 1815 to increase the licensing fees for hospitals to $100.00.
EFFECTIVE DATE: July 1, 2003 through September 28, 2003 or until replaced by the adoption of the current proposed rules.
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY DEAF/HARD OF HEARING: (207) 287-9312
FAX: (207) 287-9304


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule, Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, and Appendix C, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2003-222
CONCISE SUMMARY: Pursuant to 5 MRSA 8054, the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public heath, safety or general welfare. This public health, safety or general welfare emergency arises from the fiscal emergency created by a major budget deficit. The Department's findings with regard to the existence of an emergency are as follows:
PL 2003, ch. 20, directs state agencies to make budget adjustments on July 1, 2003. The Maine State Legislature directed the Department to make changes in the budget for PNMI services, which are detailed in the MaineCare Benefits Manual (Ch. 101), Ch. III, Section 97. Specifically, the Maine Legislature directed the Department to cut reimbursement for bedhold days in medical and remedial PNMI facilities to 75% of their usual reimbursement. This directive creates a fiscal emergency for the Department if not adopted on July 1, 2003.
An additional emergency exists for very small (fewer than 15 beds) medical and remedial PNMIs, such that several facilities must close and several others may need to close unless the Department increases reimbursement. In order to prevent additional facilities from closing and displacing their residents, the Department will create a new peer group in its case mix adjusted payment system to accommodate the unique needs of smaller facilities. This new peer group will only include medical and remedial facilities of 15 or fewer beds.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive
11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)-287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule, Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2003-223
CONCISE SUMMARY: Pursuant to 5 MRSA 8054, the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public heath, safety or general welfare. This public health, safety or general welfare emergency arises from the fiscal emergency created by a major budget deficit. The Department's findings with regard to the existence of an emergency are as follows:
PL 2003, ch. 20, directs state agencies to make budget adjustments on July 1, 2003. In addition, it requires the expansion of prescription drug prior authorization and the further use of supplemental drug rebates. On June 27, 2003 the federal Centers for Medicare and Medicaid Services (CMS) approved an amendment to the Maine Medicaid State Plan allowing Maine to establish drug preferences, using prior authorization and supplemental rebates. This emergency rule is the means by which the Department will manage the expanded use of prior authorization as directed by state law and as approved by CMS. It does so by means of a preferred drug list applicable to the pharmacy benefit of the MaineCare program.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2003
AGENCY CONTACT PERSON: Patricia Dushuttie
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rules - Creation of Ch. 104, Drugs for the Elderly Benefit (DEL). Deletion of Ch. 101, MaineCare Benefits Manual: Ch. IX Sections 1 and 2, Healthy Maine Prescriptions (HMP) and Maine Drugs for the Elderly (DEL)
ADOPTED RULE NUMBER: 2003-224
CONCISE SUMMARY: These emergency rules reinstate the Drugs for the Elderly (DEL) benefit (formerly HMPD) as a State-operated benefit administered by the Department of Human Services under Ch. 104. The emergency rules remove sections HMP and DEL from Section IX of the MaineCare Benefits Manual since Healthy Maine Prescriptions is no longer in operation as a result of a Federal court ruling.
Pharmacy providers will receive reduced reimbursement under this rule in response to legislatively mandated cuts to the DEL benefit. The Department has also increased member co-payments. Under Ch. 104, members will pay a mandatory co-payment of 20% of the prescription cost, plus $2 for covered drugs under the basic benefit and for generic drugs. Member and provider eligibility guidelines are set forth.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2003 - September 28, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (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. 333, Financial Eligibility Rules for Drugs for the Elderly (DEL) - Emergency Rule. Replaces Ch. 332 Section 10000.
ADOPTED RULE NUMBER: 2003-225
CONCISE SUMMARY: Effective with applications received as of January 1, 2003, the Bureau of Family Independence has administered the Drugs for the Elderly (DEL) benefit. This rule gives more detailed information on financial eligibility rules for DEL.
EFFECTIVE DATE: July 1, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare 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


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