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July 16, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 150, Hospital Finance Rules, Section 1
PROPOSED RULE NUMBER: 97-P115
CONCISE SUMMARY: The proposed rule revises existing policy for hospital charity care guidelines. This rule provides for the adoption of the 1997 federal poverty guidelines and includes provisions for an opportunity for applicants to request a fair hearing regarding eligibility for free care in hospitals. This proposed rule originally published in rule-making advertisements on June 25,1997 (#97-P115) contained a paragraph which significantly changes the definition of a "hospital". A chance in policy of this magnitude is beyond the intent of this rule-making, to adopt reasonable guidelines for policies to be adopted and implemented by hospitals with respect to the provision of health care services to patients who are determined unable to pay for the services received. Section 1.01 D has been removed from this proposed rule-making.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 1716
PUBLIC HEARING: August 5, 1997, 9:00 a.m. to 10:30 a.m. Bureau of Medical Services Conference Room 249 Western Avenue, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: August 15,1997
AGENCY CONTACT PERSON: Maurice Gagnon, Division of Reimbursement & Financial Services, Bureau of Medical Services, State House Station #11, Augusta, Maine 04333-001 1; (207) 287-3836.

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE: #331, Public Assistance Manual (AFDC) - TANF
PROPOSED RULE NUMBER: 97-P125
CONCISE SUMMARY: This notice extends the Comment Deadline from August 8 to August 10, 1997. The full text of this proposal notice was published on July 9.
PUBLIC HEARING: July 31, 1997 at 9 a.m., Large Conference Room, Department of Human Services, Whitten Road, Hallowell, Maine.
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333.
PHONE: 287-5089

AGENCY: 12-174 - Department of Professional and Financial Regulation, Office of Licensing & Registration, Board of Boiler Rules
RULE TITLE OR SUBJECT:
New Chapter 1 - Definitions
Repeal and Replace Chapter 2 - General Rules Governing Boilers of All Types
Repeal and Replace Chapter 3 - Power Boilers
Repeal and Replace Chapter 4 - Miniature Boilers
New Chapter 5 - Low Pressure Boilers
New Chapter 6 - Pressure Vessels
New Chapter 7 - Welding
New Chapter 8 - Shop Reviews
New Chapter 9 - Boiler Inspectors
New Chapter 10 - Boiler Engineers and Operators
New Chapter 11 - Welders
New Chapter 12 - Fees
New Chapter 13 - General Information
New Chapter 14 - Complaints, Investigations and Adjudicatory Hearings
Repeal Chapter 1 - Procedural Rules
Repeal Chapter 5 - Organic Boilers
Repeal Chapter 6 - Welding
Repeal Chapter 7 - Low Pressure Boilers
Repeal Chapter 8 - Engineers and Boiler Operators
PROPOSED RULE NUMBER:97-P126
CONCISE SUMMARY: These proposed rule changes outline the installation, maintenance, operation, use and inspection requirements of boilers and pressure vessels in the State of Maine. The proposed rule changes outline the licensing requirements for welders, boiler inspectors, boiler engineers and operators, and stationary steam engineers. The proposed rules sets forth the fees to be charged by the Board. The proposed rules also outlines the requirements for the procedure to conduct hearings, reviews and complaints.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 15104
PUBLIC HEARING: Monday, August 4, 1997, 1:00 P.M., Maine Maritime Academy, Castine, Maine
DEADLINE FOR WRITTEN COMMENTS: August 14, 1997
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Provision of Competitive Telecommunications Services
PROPOSED RULE NUMBER: 97-P128
CONCISE SUMMARY: The purpose of this rule modification is to provide competitive interexchange carriers the opportunity to offer optional calling plans similar to those offered by the local exchange carriers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 104, 111, 301 and 7101
PUBLIC HEARING : None, but one will be held if requested by five interested persons.
DEADLINE FOR COMMENTS: August 16, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Striped Bass
PROPOSED RULE NUMBER: 97-P129
CONCISE SUMMARY: These amended striped bass rules allow for a 15-day extension of the striped bass season to October 15. The statewide retention season is proposed to run from June 10 through October 15; the retention season in striped bass spawning areas is proposed to run from July 1 through October 15.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 14, 1997
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6341

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapters II and III, Section 104, School Based Rehabilitative Services, Maine Medical Assistance Manual.
PROPOSED RULE NUMBER: 97-P130
CONCISE SUMMARY: Allows school administrative unit providers the ability to bill for Medicaid School Based Rehabilitative Services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 9 AM, August 14,1997, Policy and Development Conference Room, 35 Anthony Avenue, Augusta, Maine 04330
DEADLINE FOR COMMENTS: September 12,1997
AGENCY CONTACT PERSON: Gregory Nadeau, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: 624-5521

Agency: 10-144 - Department of Human Services, Bureau of Familv lndependence
RULE TITLE OR SUBJECT: #301 Food Stamp Manual
PROPOSED RULE NUMBER: 97-P131
CONCISE SUMMARY:

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: August 15, 1997
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager, Department of Human Service, Bureau of Family Independence, 11 Staie House Station, Whitten Road Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948

AGENCY: 10-144 - Department-of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Chapter 607, ASPIRE-TANF Program Rules
PROPOSED RULE NUMBER: 97-P132
CONCISE SUMMARY: The 118th Maine Legislature passed legislation entitled " An Act Regarding Temporary Assistance for Needy Families and Welfare Reform", which authorized changing the AFDC Program to TANF( Temporary Assistance for Needy Families), and the ASPIRE/JOBS Program was changed to ASPIRE-TANF. These changes followed the passage of the Personal Responsibility and Work Reconciliation Act of 1996 by Congress, which instituted block grants to the States for public assistance and programs authorized under Federal JOBS legislation. Major changes include the following:

THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3782-A
PUBLIC HEARING: August 4, 1997 from 9:00 A.M to 11:00 A.M., Bureau of Family Independence, Whitten Rd., Augusta, ME. 04333
DEADLINE FOR COMMENTS: August 15, 1997
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Coordinator, Department of Human Service, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3309

AGENCY: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT: State 20 J-1 Visa Waiver Process
PROPOSED RULE NUNIBER: 97-P133
CONCISE SUMMARY: This rule establishes a process through which the Maine Department of Human Services can issue up to 20 waivers per federal fiscal year for the return to home country requirement for internationally trained physicians who wish to practice in Maine's federally designated health professional shortage areas and/or medically underserved areas.
EMERGENCY RULES
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON NIUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 103-4i6
PUBLIC HEARING: On request only.
DEADLINE FOR COMMENTS: August 15, 1997
AGENCY CONTACT PERSON: Sophie Glidden
AGENCY NANIE: Office of Health Data & Program Management, DHS
ADDRESS: #11 State House Station, 35 Anthony Avenue, Augusta, ME 04333-0011
TELEPHONE: 207-624-5424
FAX: 207-624-5431

AGENCY: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT:
Ch 507: Rules for Implementing the 1985 Amendment to the Maine Medical Compact Act - Vision Care.
Ch 509: Rules for Designating Hospitals as Underserved by Emergency Room Physicians.
Ch 511: Designating Areas as Underserved by Psychiatrists
PROPOSED RULE NUMBER: 97-P134.
CONCISE SUMMARY: This rule change repeals the above Chapters and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Previously, a new rule was required for every specialty request which has been a barrier to loan forgiveness implementation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA Chapter 421. "Postgraduate Education in the Field of Medicine" and Title 20-A MRSA Chapter 423, "Loans for Candidates for Practices of Osteopathic Medicine".
PUBLIC HEARING: On request only.
DEADLINE FOR COMMENTS: August 15 , 1977
AGENCY CONTACT PERSON: Helen Zidowecki, Office of Health Data & Program Management, DHS, #11 SHS, 35 Anthony Ave., Augusta, ME 04333-0011
PHONE: 207-624-5424
FAX: 207-624-5431


ADOPTIONS
AGENCY: 09-137 - Maine Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Chapter 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 97-230
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules amending the open water fishin regulations as follows:
To be closed after July 15 each year: Kenduskeag Stream: From the head of tide (Kenduskeag Road Bridge) to the upstream side of Flour Mill Dam located just upstream of I-95 in Bangor.
To be closed to fishing for all species from July 1 - September 30:
Felts Brook: From the downstream side of Route 9 in Brewer to the head of tide.
Eaton Brook: From the downstream side of Route 9 in Brewer to the head of tide.
Blackman Stream: From the downstream side of the Route 178 bridge in Bradley to the Penobscot River, and the Penobscot River within 500 feet of a red painted marker situated on the downriver side of the mouth of Blackman Stream.
Great Works Stream: From the downstream side of the Route 178 bridge in Bradley to the Penobscot River, and the Penobscot River within 500 feet of a red painted marker situated on the downriver side of the mouth of Great Works Stream.
STATUTORY AUTHORITY: 12 MRSA 7035
EFFECTIVE DATE: July 6, 1997
AGENCY CONTACT PERSON: Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201.

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: 10-144A CMR 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 97-231
CONCISE SUMMARY: The proposed revision to the license and registration fees for radioactive materials users increases the fees in most categories and institutes charges for three categories that were previously free.
EFFECTIVE DATE: July 7, 1997
AGENCY CONTACT PERSON:
NAME: Robert Schell, Manager Radiation Control Program
ADDRESS: State House, Station 10 Augusta, Maine 04333-0010
PHONE: 287-5676

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Chapter 420, Safety of Gas Transmission and Distribution Systems
ADOPTED RULE NUMBER: 97-235
CONCISE SUMMARY: This amendment establishes safety requirements for natural gas transmission and distribution systems.
EFFECTIVE DATE: July 13, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #331 Public Assistance Manual (AFDC) TANF - Emergency
ADOPTED RULE NUMBER: 97-236
CONCISE SUMMARY: The rules:

EFFECTIVE DATE: July 2, 1997
AGENCY CONTACT PERSON: Rose Masure, AFDC Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whiften Road Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089

AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: This filing repeals the following chapters:
Ch.10 Definitions and Other Generally Applicable Provisions
Ch.52 Assessments of Hospitals for Fiscal Year 1985
Ch.53 Assessments of Hospitals for Fiscal Years 1986 and 1987
Ch. 110 Rules of Practice
Ch. 310 Elements of Base Year Financial Requirements
Ch. 313 Computation of Base Year Financial Requirements of Hospitals if 22 MRSA Sec. 396B 2B Applies
Ch. 315 Computation of Base Year Financial Requirements of Hospitals if 22 MRSA Sec. 396B 2A Applies
Ch. 317 Computation of Allowable Transition Period Rate of Increase
Ch. 318 Computation of Base Year Financial Requirements of Hospitals Commencing Operations after 12 - 31 - 82
Ch. 322 Economic Trend Factor
Ch. 324 Case Mix and Volume Adjustments
Ch. 326 Allowances for Facilities and Equipment
Ch. 327 Fair Return on Investment for For - Profit Hospitals
Ch. 328 Adjustments for Certificate of Need Projects
Ch. 329 Adjustments for Hospital Proposals
Ch. 332 Offsetting Adjustments for Changes in Delivery of Services
Ch. 334 Other Adjustments in Determination of Payment Year Financial Requirements
Ch. 336 Adjustments for Working Capital Increases
Ch. 337 Working Capital Allowances for For - Profit Hospitals
Ch. 342 Computation of First Payment Year Financial Requirements
Ch. 343 Computation of First Payment Year Financial Requirements for New Hospitals
Ch. 344 Computation of Second Payment Year Financial Requirements
Ch. 345 Computation of Third and Subsequent Payment Year Financial Requirements
Ch. 352 Determination of Available Resources
Ch. 362 Differentials
Ch. 363 Determination of Differentials for Payment Years Commencing on or after 10-1-85
Ch. 370 Charity Care Guidelines
Ch. 372 Revenue Deductions Attributable to Charity Care and Bad Debts
Ch. 380 Computation and Apportionment of Gross Patient Service Revenue Limit
Ch. 381 Computation and Apportionment of Gross Patient Service Revenue Limit - 2 or over Payment Years
Ch. 382 Estimate of Medicare Payments for the Third and Subsequent Payment Years
Ch. 384 Allocation of Payment Year Financial Requirements and Gross Patient Service Revenue Limit
Ch. 386 Estimate of Medicaid Payments in PY - 6
Ch. 410 Interim Adjustments
Ch. 420 Volume Adjustment for Days Waiting Placement in 2nd and Subsequent Payment Years
Ch. 430 Compliance and Final Reconciliation
Ch. 432 Compliance and Final Reconciliation in Third through Sixth Payment Years
Ch. 510 Certificate of Need Development Account
Ch. 550 Management Support Fund Awards
Ch. 570 Hospital Payments Fund
Ch. 610 Significant Transactions Report
Ch. 625 Advance Determinations and Exemptions Affecting Hospital Restructuring
Ch. 699 Transition to Seventh Payment Year Regulatory System
Ch. 700 Choice of Hospital Revenue Regulatory System
Ch. 715 Variable Adjustment Factor
Ch. 735 Allowances for Capital Costs
Ch. 755 Miscellaneous and Discrete Adjustments(in Seventh and Subsequent Payment Years)
Ch. 765 Standard Component
Ch. 770 Computation of 7th and Subsequent Payment Year Financial Requirements for Specialty Hospitals
Ch. 775 Exception Requests
Ch. 780 Computation of Seventh Payment Year Financial Requirements
Ch. 790 Estimates of Medicare and Medicaid Payments
Ch. 810 Computation / Apportionment of Gross Patient Service Revenue Limit in 7th Payment Year
Ch. 815 Computation of Average Revenue Per Case Limit for Hospitals in 7th Payment Year
Ch. 830 Compliance and Settlement in Seventh and Subse quent Payment Years
Ch. 850 Negotiated Discounts
ADOPTED RULE NUMBER: 97-237
CONCISE SUMMARY: Effective July 1, 1995, with the enactment of PL 1995, Chapter 368, the regulatory functions of the Maine Health Care Finance Commission (MHCFC) were eliminated or transferred to the Department of Human Services. In addition, as a result of the enactment of PL 1995, Chapter 653, on December 31, 1996, the MHCFC was eliminated entirely and replaced by the Maine Health Data Organization, which is responsible for the collection of health related data. Consequently, the aforementioned MHCFC rules are repealed.
EFFECTIVE DATE: July 13, 1997
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Interim Director
ADDRESS: Maine Health Data Organization, Gardiner Annex, Northem Avenue, 35 State House Station, Augusta, Maine 04333-0035
TELEPHONE: 624-8655


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