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August 6, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #09-03
PROPOSED RULE NUMBER: 2003-P162
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Monday, August 25, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 25, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
PROPOSED RULE NUMBER: 2003-P163
CONCISE SUMMARY: The proposed rules increase the per bed fee from $15.00 to $45.00 per bed for a license to operate a skilled nursing facility or a nursing facility in the State of Maine.
DATE(S)/PLACE(S) OF HEARING(S): August 25, 2003, at 1:30 p.m., Bureau of Medical Services, Conference Room 1A/B, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: September 4, 2003

RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2003-P164
CONCISE SUMMARY: These proposed regulations incorporate the per bed fee increase of licensure to operate a hospital in the State of Maine from $10.00 per bed to $100.00 per bed.
DATE(S)/PLACE(S) OF HEARING(S): August 27, 2003, at 1:30 p.m., Bureau of Medical Services, Conference Room 1A/B, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: September 6, 2003

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA, Ch. 405, 1815, 22 MRSA 42, the Budget Bill, Fiscal Years 2004-2005, L.D. 1319, and 5 MRSA 8054
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
(TTY-DEAF/HARD OF HEARING): (207) 287-9312


AGENCY: 10-164 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2003-P165
CONCISE SUMMARY: This proposed rule restructures reimbursement policy for most hospitals. Acute care non-critical access hospitals will now be paid for inpatient services on a price per discharge basis, and will be paid for outpatient services based on a percentage of the lesser of costs or charges. Distinct psychiatric units will be paid a separate price. Reimbursement for non-state owned psychiatric hospitals is based on a percentage of charges. This is a continuation of reimbursement policy currently in effect. Reimbursement for critical access hospitals and state owned psychiatric hospitals remains unchanged. Disproportionate share hospital eligibility requirements have been broadened to include public safety net hospitals. Requirements for reimbursement for out-of-state hospitals are clarified. The rule has been reorganized and completely replaces the previous Ch. III, Section 45 of the MaineCare Benefits Manual. Additional policy clarifications and minor editing changes are included throughout. This proposed rule will continue provisions currently in effect through the emergency rulemaking process.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173; PL 2003, Ch. 20 and 51
PUBLIC HEARING:
Date: Aug. 27,2003 - Time: 9 a.m.
Location: Conference Room: 1A, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 20, 2003.
DEADLINE FOR COMMENTS: September 8, 2003
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2003-P166
CONCISE SUMMARY: This rule identifies income subject to Maine withholding and prescribes the methods of determining the amount of Maine Income Tax to be withheld from wages, non-wage payments, and pass-through entity income. The rule also covers related reporting requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled as yet; one may be requested.
DEADLINE FOR COMMENTS: September 5, 2003
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 381, Selection of Conservation Service Providers
PROPOSED RULE NUMBER: 2003-P167
CONCISE SUMMARY: This rule will establish procedures governing the selection of service providers for conservation programs. The Commission will contract with service providers to deliver and assist with the delivery of conservation programs to Maine's transmission and distribution (T&D) utility customers. We propose to select most service providers by means of a competitive bid process that will be conducted by issuing Requests for Proposals (RFPs) or similar documents. We also propose to select some service providers without a competitive bid process, when such sole-source contracting is the most efficient means to deliver conservation programs, or (for example) when low-income customer programs can be delivered by groups that the T&D utilities already used to deliver such services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 3211-A, 111
PUBLIC HEARING: August 26, 2003, MPUC, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 8, 2003
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Creation of Ch. 104, Section 2, Drugs for the Elderly Benefit (DEL). Deletion of Ch. 101, MaineCare Benefits Manual: Ch. IX, Sections I and 2, Healthy Maine Prescriptions (HMP) and Maine Drugs for the Elderly (DEL).
PROPOSED RULE NUMBER: 2003-P168
CONCISE SUMMARY: These 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, Sections 1 and 2. The proposed rules remove both sections 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.
Ch. 104, Section 2 details the DEL benefit. 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. The rules add use of a preferred drug list that facilitates appropriate utilization of prescription drugs while achieving required efficiency measures.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8052; 22 MRSA 42, 254, 3173; Public Law 2003, ch. 20
PUBLIC HEARING:
Date: August 25, 2003, 1:30 p.m.
Location: Department of Human Services, Conference Room, 442 Civic Center Drive, Augusta, Maine 04333.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 18, 2003.
DEADLINE FOR COMMENTS: September 5, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: 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: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 99-626 - Maine Rural Development Authority
CHAPTER NUMBER AND TITLE: Ch. 2, Commercial Facilities Development Program
ADOPTED RULE NUMBER: 2003-255
CONCISE SUMMARY: This rules outlines the methodology and criteria for the commercial facilities program; the process through which interested parties must apply for commercial facilities funds; rates of interest, the duration of interest payments and any other terms to apply to commercial facilities projects; and other matters necessary to the proper administration of the program.
EFFECTIVE DATE: August 2, 2003
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Maine Rural Development Authority
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9801


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Aligning TANF Policy with MaineCare Policy - Rev. 69-A
ADOPTED RULE NUMBER: 2003-256
CONCISE SUMMARY: This rule aligns TANF policy concerning verification of income with MaineCare policy.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5098
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 3, Wells and Plymouth Waste Oil Clean-up Program (Non-emergency filing)
ADOPTED RULE NUMBER: 2003-257
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2001, Ch. 561 and PL 2003, Ch. 129. The amendment (a) provides for further deferment of loan repayments; (b) expands the eligible uses of the fund, including attorneys' fees in limited circumstances; and (c) extends a previous application deadline to allow for new applications.
The rule amendment was adopted by the Board of Directors of the Finance Authority of Maine, on an emergency basis, on May 15, 2003. The Authority found that emergency adoption of the rule was warranted in light of the emergency nature and effective date of PL 2003, Ch. 129. The Authority found such facts to represent an immediate threat to the public's general welfare and adoption of the rule amendment on an emergency basis necessary to avoid such threat.
EFFECTIVE DATE: August 3, 2003
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE:
Ch. 26.01, Nighttime Harvesting Prohibition - Technical correction
Ch. 26.05, Sea Urchin Drag Regulation - Technical correction
ADOPTED RULE NUMBER: 2003-258
CONCISE SUMMARY: These adopted amendments replace the terms territorial waters or seas with the term coastal waters for consistency with the statutory definition of Maine's coastal waters pursuant to 12 MRSA 6001(6) and the zone boundary definitions in 12 MRSA 6749(N).

CHAPTER NUMBER AND TITLE: Ch. 26.02, Sea Urchin Minimum Size and Tolerances
ADOPTED RULE NUMBER: 2003-259
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749-C this adopted regulation requires all Zone 1 Divers to "cull on bottom", that is, to be more size-selective while harvesting, allowing a 20% tolerance. The tolerance of 5% after culling for all harvesters in both zones would not change.

CHAPTER NUMBER AND TITLE: Ch. 26.03, Sea Urchin Maximum Size and Tolerances
ADOPTED RULE NUMBER: 2003-260
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749 this adopted regulation requires all Zone 1 Divers to "cull on bottom", that is, to be more size-selective while harvesting, allowing a 20% tolerance. The tolerance of 5% after culling for all harvesters in both zones would not change.

CHAPTER NUMBER AND TITLE: Ch. 26.06, Sea Urchin Catch Bag Mesh Regulation for Zone 2
ADOPTED RULE NUMBER: 2003-261
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749 this regulation would require all Zone 2 Divers and Rakers to use catch bags that have mesh openings that are no less than 2 1/4 inches between knots.

CHAPTER NUMBER AND TITLE:
Ch. 26.07, Sea Urchin Harvesting Season 2003-2004
Ch. 26.07(1), Zone 1
ADOPTED RULE NUMBER: 2003-262
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this adopted regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2003-2004. The Sea Urchin Zone Council recommended this season, which has 94 days for divers, trappers and rakers and 84 days for draggers.

CHAPTER NUMBER AND TITLE:
Ch. 26.07, Sea Urchin Harvesting Season 2003-2004
Ch. 26.07(2), Zone 2
ADOPTED RULE NUMBER: 2003-263
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this adopted regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2003-2004. The Sea Urchin Zone Council recommended this season, which includes the choice of two separate seasons for Zone 2 harvesters. The seasons are 94 days for divers, trappers, rakers, and draggers with a closure in the western half of the zone for 10 days in March.

EFFECTIVE DATE: August 3, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE- (207) 633-9584
FAX: (207) 633-9579


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: 2003-264
CONCISE SUMMARY: The legislature has directed the Department to promulgate emergency rules regarding MaineCare hospital reimbursement rates. This emergency rule restructures reimbursement policy for most hospitals. Acute care non-critical access hospitals will now be paid for inpatient services on a price per discharge basis, and will be paid for outpatient services based on a percentage of the lesser of costs or charges. Distinct psychiatric units will be paid a separate price. Reimbursement for non-state owned psychiatric hospitals is based on a percentage of charges. This is a continuation of reimbursement policy currently in effect. This rulemaking will continue the portion of this reimbursement methodology for non-state owned psychiatric hospitals that relates to outpatient reimbursement that is now in effect as an emergency rule. Reimbursement for critical access hospitals and state owned psychiatric hospitals remains unchanged. Disproportionate share hospital eligibility requirements have been broadened to include public safety net hospitals. Requirements for reimbursement for out-of-state hospitals are clarified. The rule has been reorganized and completely replaces the previous Ch. III Section 45 of the MaineCare Benefits Manual. Additional policy clarifications and minor editing changes are included throughout. This rule is currently being proposed through regular rulemaking and public comment will be accepted as part of that process.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 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) 287-9371, (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. 101, MaineCare Benefits Manual: Ch. II and III Section 5, Ambulance Services
ADOPTED RULE NUMBER: 2003-265
CONCISE SUMMARY: Revisions to this rule included the elimination of local billing codes as mandated by the Federal Health Insurance Portability and Accountability Act (HIPAA). The rule changes several rates from fixed fees to negotiated rates, and establishes a new rate for involuntary committal ("Blue Paper") ambulance transports. The rule also includes numerous terminology changes and minor edits.
EFFECTIVE DATE: August 15, 2003

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2003-266
CONCISE SUMMARY: This rule change adds a member copayment requirement, in accordance with recent legislative action.
EFFECTIVE DATE: August 3, 2003

See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
AGENCY CONTACT PERSON: Robert Gross, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Relations
ADDRESS: Bureau of Medical Services, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
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: Ch. 503, Maine Certificate of Need Procedures Manual
ADOPTED RULE NUMBER: 2003-267
CONCISE SUMMARY: The Maine Certificate of Need Act (22 MRSA 103), was repealed and replaced by The Maine Certificate of Need Act of 2002 (22 MRSA 103-A). The Maine Certificate of Need Procedures Manual of the Bureau of Medical Services, applicable for Health Care Facilities (other than Nursing Care Facilities), is being replaced to reflect these 2002 statutory changes.

CHAPTER NUMBER AND TITLE: Ch. 501, Maine Certificate of Need Act Limitation
ADOPTED RULE NUMBER: 2003-268
CONCISE SUMMARY: This new rule will, with certain exceptions, continue prohibiting the Department of Human Services from accepting any letter of intent for a certificate of need effective August 3, 2003 until May 4, 2004. This prohibition is currently in effect as a result of emergency rulemaking.

See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 3, 2003
AGENCY CONTACT PERSON: Steven R. Keaten
AGENCY NAME: Certificate of Need Unit
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-1836
FAX: (207) 287-1832
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 268, Pine Shoot Beetle Quarantine
ADOPTED RULE NUMBER: 2003-269
CONCISE SUMMARY: This rule amends the current Pine Shoot Beetle state quarantine to incorporate Franklin County and that part of Oxford County, south of the Appalachian Trail, into the area under quarantine. This action is being taken because Franklin County has been found, through survey, to be infested with this pest. The southern part of Oxford County is included in the area under quarantine to prevent the entire state from being included in the federal quarantine for this pest.
EFFECTIVE DATE: August 4, 2003
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry, Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-3891


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