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August 12, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2 Section 213, Compensation for Partial Incapacity; Section 5, Requests for extension of benefits due to extreme financial hardship pursuant to 39-A M.R.S.A. Sec. 213(1).
PROPOSED RULE NUMBER: 98-P166
CONCISE SUMMARY: This rule establishes the procedure to be followed when, pursuant to 39-A M.R.S.A. Sec. 213(1), a request for extended benefits due to extreme financial hardship is made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. Secs. 152(2) and 213
PUBLIC HEARING: Thursday, September 3, 1998, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 14, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, Acting General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station Augusta ME 04333-0027
TELEPHONE: 207-287-7094

AGENCY:
10-144 - Department of Human Services, Bureau of Medical Services
10-149 - Department of Human Services, Bureau of Elder and Adult Services

RULE TITLE OR SUBJECT: Maine Certificate of Need Act:
10-144 Ch. 503
10-149 Ch. 5 Section 71

PROPOSED RULE NUMBER: 98-P168
CONCISE SUMMARY: Revisions in the Maine Certificate of Need Act are being incorporated into manuals used to implement the Act. Sec. 71 of the Bureau of Elder a,.id Adult Services' Policy Manual adopted November 1, 1997, pertains to Certificate of Need for Nursing Level of Care Projects and is being amended to reflect 1998 statutory changes and adoption of standards used in the review process. The Maine Certificate of Need Procedures Manual of the Bureau of Medical Services, applicable to other health care facilities, is being amended to reflect 1998 statutory changes, adoption of standars used during review and repeal of criteria relating to the former Maine Health Care Finance Commission.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Sec. 312
PUBLIC HEARING: September 2, 1998; 9 a.m., 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 14, 1998
AGENCY CONTACT PERSON: John D. Dickens
ADDRESS: SHS #11, 35 Anthony Avenue, Augusta, Maine 04333
PHONE NUMBER: (207) 624-5424


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 1998
ADOPTED RULE NUMBER: 98-331
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay towards the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1,357 and the shelter allowance will be $407, effective July 1, 1998.
EFFECTIVE DATE: August 4, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 02-465 - Department of Professional & Financial Regulation, Office of Licensing and Registration, Radiologic Technology Board of Examiners
CHAPTER NUMBER AND TITLE:
Ch. 1, Medical Radiation Technology Licensing Rules
Ch. 2, Educational Requirements for Courses of Study for Limited Licensure
Ch. 3, Competency Requirements for Renewal of Radiologic Technology License
ADOPTED RULE NUMBER: 98-332, 98-333, 98-334
CONCISE SUMMARY:
Chapter 1: To --
* expand the "Definitions" to incorporate new terminology and identify the manner in, and list the organizations from, which continuing education credit may be earned;
* replace "Committee on Allied Health, Education and Accreditation" with "Joint Review Committee in Nuclear Medicine Technology," its successor organization for purposes of accrediting nuclear medicine technology programs;
* remove the index from the end of this chapter and make it a separate document apart from the rules, in order to obviate the need for future rulemaking for the purpose of revising the page references, in the event that reformatting is required for Internet posting; and
* raise all fees to the maximum level permitted by statute in order to meet anticipated costs.
Chapter 2: To remove the reference in "Appendix 1" to "Knee and Patella," under "Podiatry" as a Clinical Practicum Requirement, this area being outside of customary practice.
Chapter 3: To remove the "Definitions" section and incorporate it into Chapter 1.
EFFECTIVE DATE: August 5, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


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