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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
(207) 624-7650
FAX (207) 287-6545

September 5, 2001
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: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 299, Driveway Rule and Entrance Rule
PROPOSED RULE NUMBER: 2001-P215
CONCISE SUMMARY: Amendments to rules regulating vehicular access to or from any state or state aid highway outside urban compact areas to be in accordance with directives from Legislative Resolve 2001 Ch. 46.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 23 704
PUBLIC HEARING: September 25, 2001, 10 a.m., Main Conference Room, Maine Department of Transportation, 16 Child Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: October 5, 2001
AGENCY CONTACT PERSON: Kathy Fuller, AICP, Assistant Director of Planning
AGENCY NAME: Maine Department of Transportation
ADDRESS: 16 State House Station - 16 Child Street, Augusta, Maine 04333-0016
TELEPHONE: (207) 287-3131


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 1, Detention and Correctional Standards for Counties and Municipalities
PROPOSED RULE NUMBER: 2001-P216
CONCISE SUMMARY: Revision of existing rule. The Maine Department of Corrections is proposing to revise the existing correctional standards for county and municipalities. The purpose of this revision is to revise existing standards to keep current with changes in Maine Statues, with recent case law, national standards such as American Correctional Association and with changing professional practices in the correctional field. The revisions will result in more up-to-date standards and should provide for a safer, more secure environment for both correctional staff and inmates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1208
PUBLIC HEARING: September 24, 2001, 1 p.m. - 2 p.m., MDOC Conference Room, Augusta Mental Health Complex, Tyson Office Building, 3rd floor, Augusta, Maine
DEADLINE FOR COMMENTS: October 5, 2001
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State House Station 1ll, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


ADOPTIONS

AGENCY: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2001-367
CONCISE SUMMARY: This amendment lowers annual fees for certain occupational and professional licenses and registrations as follows: acupuncturist and naturopathic doctor - from $675 to $500; massage therapist - from $100 to $50; veterinarian - from $125 to $75; veterinary technician - from $50 to $30.
EFFECTIVE DATE: August 28, 2001
AGENCY CONTACT PERSON:
NAME: Jeffrey Frankel, Staff Attorney
ADDRESS: Office of Licensing & Registration, 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8615


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Healthy Maine Prescriptions
ADOPTED RULE NUMBER: 2001-369
CONCISE SUMMARY: Rules on who is eligible for Healthy Maine Prescriptions.

RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance - 2001
ADOPTED RULE NUMBER: 2001-370
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 $1,452 and the shelter allowance will be $436, effective July 1, 2001.

EFFECTIVE DATE: August 29, 2001
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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. 1, Section 1, General Administrative Policies and Procedures.
ADOPTED RULE NUMBER: 2001-371
CONCISE SUMMARY: The final rule: clarifies provider requirements; adds language to cover the Healthy Maine Prescription benefit including the Drugs for the Elderly & Disabled; inserts toll free numbers for direct contact of the Third Party Liability Unit and Office of Administrative Hearings; clarifies reimbursement restrictions; adds Native Americans to copayment exemptions; clarifies procedures for provider requests for informal appeals and the governing Principles of Reimbursement; and makes related administrative changes.
EFFECTIVE DATE: August 29, 2001
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
DEAF/HARD OF HEARING: (800) 423-4331 (Deaf/Hard of Hearing)


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

CHAPTER NUMBER AND TITLE: Ch. 106, Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 2001-372
CONCISE SUMMARY: This rule repeals the current rule governing the Low-Cost Drugs for the Elderly Program. It is being replaced by a new section of the Maine Medical Assistance Manual, Ch. IX, Section 2 which integrates the Low-Cost Drugs for the Elderly and Disabled Program into the State's new drug waiver program, Healthy Maine Prescriptions. This rule replaces the current emergency rule in effect.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 80, Pharmacy Services.
ADOPTED RULE NUMBER: 2001-373
CONCISE SUMMARY: The rule changes were necessary to implement the State's new drug waiver benefit, Healthy Maine Prescriptions, and to integrate the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. Additional changes made to the rule include, but are not limited to: clarification regarding reimbursement for over-the-counter drugs; updating the description of the prior authorization process; elimination of the two-tiered dispensing fee; and modifications to and clarifications of dispensing guidelines.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. IX, Section 1, Healthy Maine Prescriptions and Section 2, Drugs for the Elderly
ADOPTED RULE NUMBER: 2001-375
CONCISE SUMMARY: This is a new rule which implements the State's federally approved drug waiver. This waiver allows individuals with household income under 300% of poverty to purchase prescription drugs at a reduced price. Section 2 of this proposed new rule integrates the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. This rule replaces emergency rules implementing the program now in effect.

EFFECTIVE DATE: August 29, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Programs
AGENCY NAME: Bureau of Medical Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
RULE TITLE:
Ch. 143, New Source Performance Standards (NSPS)
Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS).
ADOPTED RULE NUMBERS: 2001-376 and 2001-377
CONCISE SUMMARY: On July 5, 2001, the Board of Environmental Protection adopted amendments to the following federal regulations by reference: Ch. 143, New Source Performance Standards (NSPS) and Ch. 144, National Emission Standards for Hazardous Air Pollutants (NESHAPS). The chapters are applicable statewide. The Clean Air Act Amendments of 1990 offer states the option of accepting delegation for NSPS and NESHAPS federal requirements for incorporation into the states regulatory programs to reduce dual regulatory reporting requirements on industry and streamline the air emission licensing processes. All standards are implemented through the air emission licensing process. Through this action, the DEP has incorporated additional source categories of NSPS and NESHAPS that have been delegated to the state since the 1970's as well as the newer NESHAPS requirements, in accordance with the Maine Administrative Procedure Act (MAPA) process, to ensure the State has full implementation and enforcement authority through the State's Title V licensing process. The proposed chapters incorporate standards for a variety of air emissions source categories (both large and small businesses) that are subject to the federal standards.
EFFECTIVE DATE: September 2, 2001
AGENCY CONTACT PERSON:
NAMIE: Deborah J. Avalone-King
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: (207) 287-2437
E-MAIL: debbie.j.avalone-king@maine.gov


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Emergency Amendments to Ch. 750, Standardized Health Plans
ADOPTED RULE NUMBER: 2001-378
CONCISE SUMMARY: Bureau of Insurance Rule 750, Standardized Health Plans (Rule 750), was amended in 2001. After the public hearing and comment period on the 2001 amendments, certain changes were made to Rule 750 and of those changes, two appear to pose significant compliance problems for regulated entities. In addition, the absence of a transition clause for the new plan requirements in Section 12 did not provide HMOs with sufficient time to bring all in-force health plans into compliance. The emergency amendment, therefore, is intended to amend the two changes to reflect current industry practice and to add a transition clause for compliance with Section 12.
EFFECTIVE DATE: August 28, 2001
AGENCY CONTACT PERSON:
NAME: Daniel Swift, Attorney
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, State House Station #34, Augusta, Maine 04333
PHONE NUNMER: (207) 624-8537


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #09-01
ADOPTED RULE NUMBER: 2001-379
CONCISE SUMMARY: Minimum September, 2001 producer Class I price is $18.81 plus $.15/cwt. Producer Cost of Production and an over order premium of $ 1.00/cwt. as prevailing in southern New England for a total of $19.96. Class II minimums set at $16.11 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
EFFECTIVE DATE: September 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 601, Amendment 7, Maine State Grant Program
ADOPTED RULE NUMBER: 2001-381
CONCISE SUMMARY: This rule amendment changes the name of the Program from the Maine Student Incentive Scholarship Program to the Maine State Grant Program. The amendment also redefines the length of time a student may receive a Program grant to 150% of the amount of time the institution in which the student is enrolled publishes as the length of time for the course of study being pursued by the student. In addition, the amendment clarifies that a Program grant may be used to reduce other institutional or grant aid to such student so long as that aid is in turn given to another needy student. The rule amendment is designed to implement the changes to the Program made by PL 2001 ch.70. This amendment also separates the University of Maine System Scholarship Program from this Rule.

CHAPTER NUMBER AND TITLE: Ch. 614, The University of Maine System Scholarship Program
ADOPTED RULE NUMBER: 2001-382
CONCISE SUMMARY: This rule implements the University of Maine System Scholarship Fund Program, providing for the distribution of proceeds from the sales of University of Maine System license plates among the various schools of the University of Maine System. The rule sets for eligibility criteria for grant recipients and procedures for the administration and implementation of the program.

EFFECTIVE DATE: September 3, 2001
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 27, Early Intervention Services
ADOPTED RULE NUMBER: 2001-383
CONCISE SUMMARY: The final rule updates the guidelines for the Early Intervention Program. Changes include: new definitions; deletion of obsolete terms; increased detail on covered and non-covered services; new information on policies and procedures governing service plan requirements; coordination of services and standards for services; minor billing changes; and related editing changes.
EFFECTIVE DATE: September 3, 2001
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
DEAF/HARD OF HEARING: (800) 423-4331


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318, Amendment 2: Wells and Plymouth Waste Oil Clean-up Program (non-emergency)
ADOPTED RULE NUMBER: 2001-384
CONCISE SUMMARY: This rule amendment makes changes to the portion of the rule which provides for loans to potentially responsible parties at the Portland-Bangor Waste Oil Services Site in Plymouth, Maine. The amendment expands the types of costs which can be financed with the loans, modifies the eligibility requirements, defers payment on all new loans to the time when a Record of Decision is issued for the Site, and makes all loans interest free.
EFFECTIVE DATE: September 3, 2001
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 810, Maine Unitary Business Taxable Income, Combined Reports And Tax Returns
ADOPTED RULE NUMBER: 2001-385
CONCISE SUMMARY: The purpose of Rule 810 is to establish standards for determining Maine income tax for unitary businesses and for filing combined reports under 36 MRSA 5244 and related tax returns. A combined report is required when an affiliated group of corporations is engaged in a unitary business and at least one member of the group has Maine nexus. The combined report provides the basis for determining taxable income under the laws of the United States and the Maine net income of a unitary business.
EFFECTIVE DATE: September 3, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


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