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Weekly Rulemaking Notices Contact Us Find It

August 13, 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: 02-385 - Manufactured Housing Board
RULE TITLE OR SUBJECT: Manufactured Housing Communities; Installation of Oil Tanks; Transfer of Fee-Setting Authority
PROPOSED RULE NUMBER: 2003-P169 through 2003-P181
CONCISE SUMMARY: The board proposes to amend, repeal, and repeal and replace its rules in 3 areas: (1) Manufactured housing communities, (2) Installation of oil tanks, and (3) transfer of its fee-setting authority to the Office of Licensing and Registration. These 3 rulemaking initiative are summarized below.
Manufactured Housing Communities. The board proposes to repeal chapters 810, 840 and 870 of its rules, and repeal and replace Ch. 820, 830, 850 and 860. The new rules streamline the application procedure for manufactured housing communities; eliminate obsolete application and approval requirements; clarify the manner in which drinking water approval is obtained; limit the time within which community owners may construct sites that were approved by the Department of Human Services prior to September 23, 1983 but have not yet been built; replace general references to safety codes with the particular provisions that manufactured housing communities must observe; specify the community's responsibility to obtain an emergency supply of potable water in the event of system failure or contamination; amend the road construction standards for manufactured housing communities; prohibit public nuisances within a manufactured housing community; and contain a routine inspection schedule for manufactured housing communities of once every fourth calendar year, but more frequently in the event of a complaint or as necessary for compliance in specific cases.
Installation of Oil Tanks. The board proposes to amend the definition of "installation" in Ch. 320, (1)(G) of its rules. The effect of this change is to remove the board's authority to license manufactured housing mechanics to install oil tanks. The reason for this amendment is that PL 2001, c. 633, sec. 2, effective July 25, 2002, provides that the Oil and Solid Fuel Board, not the Manufactured Housing Board, has licensing jurisdiction over installers of oil tanks in mobile homes.
Transfer of Fee-Setting Authority. Title 10 MRSA 8003(2-A)(D) authorizes the director of the Office of Licensing and Registration to establish fees for all boards within OLR. This includes the Manufactured Housing Board. The director has indicated her intent to establish fees for the board, and a proposed OLR rule to effectuate this change is scheduled for public hearing on July 31, 2003. Consequently, the board proposes to repeal and replace Ch. 830 of its rules, to amend Ch. 110, 340, 381 and 690, and to adopt Ch. 331.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(D), 9005, 9021, 9085
PUBLIC HEARING: September 3, 2003, 1:00 p.m., Central Conference Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: September 19, 2003
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Manufactured Housing Board
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2003-P182
CONCISE SUMMARY: These proposed rules parallel two sets of emergency rules currently in effect regarding prior authorization, a Preferred Drug List and the use of mail order pharmacies. The proposed rules will enable the Department to expand the use of prior authorization and implement a Preferred Drug List for the pharmacy benefit of the MaineCare Program. The proposed rules will also expand the use of mail order pharmacy purchases for the MaineCare pharmacy benefit. The Department will contract with a mail order pharmacy to provide certain drugs at a rate set by contract with the mail order pharmacy provider. The specific drugs available by mail order will be set forth in a Direct Supply Drug List to be established by the Department, which will be limited to maintenance drugs such as caloric supplements/substitutes, medical foods, and specialty drugs. The rule also establishes a separate reimbursement rate for drugs on the Direct Supply Drug List. The mail order option is voluntary and the Department will continue to reimburse local pharmacies for all covered drugs. There is no co-payment for drugs purchased by mail order.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, and PL 2003, ch. 20.
PUBLIC HEARING:
Date: Sept 2, 2003 1:30 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 25, 2003.
DEADLINE FOR COMMENTS: September 12, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical 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)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Creation of Ch. 104, Maine State Services Manual, Section 1, Administrative Policies and Procedures.
PROPOSED RULE NUMBER: 2003-P183
CONCISE SUMMARY: This rule will create Section 1 of Ch. 104, which will provide administrative guidelines and procedures for the Drugs for the Elderly (DEL) benefit (formerly HMPD) and other State operated benefits administered by the Department of Human Services.
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: September 3, 2003, 1.30 p.m.
Location: Department of Human Services, Conference Room #4, 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 21, 2003.
DEADLINE FOR COMMENTS: September 15, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities

RULE TITLE OR SUBJECT: Repeal Ch. 536, Rule Exempting Securities of Small Maine Issuers
PROPOSED RULE NUMBER: 2003-P184
CONCISE SUMMARY: The Office of Securities is proposing to repeal Ch. 536 because the rule's substantive provisions have been codified into law in the Revised Maine Securities Act at 32 MRSA 10502(2)(P) and (Q). The rule is therefore redundant to law and no longer necessary.
STATUTORY AUTHORITY: 32 MRSA 10302(2)(E), 10502(3) and 10703.

RULE TITLE OR SUBJECT: Ch. 540, Adjudicatory Proceeding Rule
PROPOSED RULE NUMBER: 2003-P185
CONCISE SUMMARY: This rule establishes procedures for the conduct of adjudicatory proceedings before the Office of Securities. The rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act, 5 MRSA 9051-9064. The rule provides guidance to all persons who are parties to or otherwise participating in administrative enforcement proceedings under the Revised Maine Securities Act. The rule helps to ensure that such proceedings are handled in an expeditious and procedurally fair manner. A copy of the proposed rule may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org, or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121.
STATUTORY AUTHORITY: 5 MRSA 8051 and 32 MRSA 10703

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: No public hearing is scheduled. However, pursuant to 5 MRSA Section 8052(l), the Securities Administrator shall conduct a hearing if requested by any five interested persons.
DEADLINE FOR COMMENTS: September 26, 2003
AGENCY CONTACT PERSON: Christine A. Bruenn, Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - PaS - Rev. #70-A
ADOPTED RULE NUMBER: 2003-270
CONCISE SUMMARY: The Parents as Scholars (PaS) Program is funded with the TANF Block Grant for 12 months of a program recipient's participation in the program. PaS participants are subject to TANF Block Grant time limits and work participation requirements for these 12 months.
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: 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: 2003-271
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 for the fiscal year beginning on July 1, 2003. The Maine State Legislature specifically directed the Department to reduce funds from the pharmacy benefit that would result in $2 million of State savings through mail-order purchase of certain prescription drugs. The Department was directed to issue a request for proposals for mail order delivery of drugs, for which bids were due on Friday, August 1. 2003. With the bidding process now complete, the Department must immediately implement these rules to achieve mandated savings for the pharmacy benefit.
This emergency rule will expand the use of mail order pharmacy purchases and reduce reimbursement for drugs on the Direct Supply Drug List (DSDL). The Department will contract with a mail order pharmacy to provide certain drugs at a rate set by contract with the mail order pharmacy provider. Drugs to be purchased in this manner will be specified in a DSDL. Members may voluntarily choose to obtain these drugs from the DSDL contracted mail order pharmacy without co-payment. Retail pharmacies will continue to provide these drugs to members, but they will receive a lower reimbursement rate for these specified drugs than for other covered drugs.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: August 8, 2003 - November 5. 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: 10-148 - Department of Human Services, Bureau of Child & Family Services
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Levels of Care for Foster Homes
ADOPTED RULE NUMBER: 2003-272
CONCISE SUMMARY: These proposed rules define the new Levels of Care System for foster homes. This new system is designed to reduce the number of foster care reimbursement rates from 52 to 5 levels, which are defined, based on the needs of the child. The Levels of Care system will also institute a new system of assessing children's needs as they come into state custody and are placed in a foster home. Yearly reassessment of the child's needs will ensure that the appropriate levels of services are being provided to meet the child's needs for safety, well-being and permanency.
EFFECTIVE DATE: August 11, 2003
AGENCY CONTACT PERSON: Penny Dineen
AGENCY NAME: Department of Human Services; Bureau of Child & Family Services
ADDRESS; 221 State Street, State House Station #11, Augusta, ME 04333
TELEPHONE: (207) 287-5060


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