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September 17, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers


PROPOSALS

AGENCY: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT: Chapter 400 - Fraud, Investigation and Recovery Manual
PROPOSED RULE NUMBER: 97-P181
CONCISE SUMMARY: The Department proposes to amend the Fraud, Investigation and Recovery Manual (the "Manual"). The Manual will be amended to reflect statutory changes in P.L. 1997, ch. 466, 27 which provides for administrative collection of public assistance overpayments made as a result of unintentional or agency errors.
If you want the full text of the proposed amendment, call or write the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 1997, ch. 466, 27 [22 M.R.S.A. 3811(3)], P.L. 1997, ch. 530, A-16 [22 M.R.S.A. 3762] and 22 M.R.S.A. 42 (1)
PUBLIC HEARING: October 6, 1997, 9:00 a.m., Front Conference Room, Department of Human Services, Whitten Road, Augusta Maine 04333
DEADLINE FOR COMMENTS: Written comments must be submitted to the agency contact person by October 17, 1997.
AGENCY CONTACT PERSON: Stephen L. Hussey, Director
AGENCY NAME: Division of Support Enforcement & Recovery
ADDRESS: State House Station 11, Whitten Road Augusta, ME 04333-0011
TELEPHONE 287-2886


(97-P182: The agency has pulled this notice prior to newspaper publication.)


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

RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual: Chapter III, Section 23, Developmental And Behavioral Evaluation Clinic Services
PROPOSED RULE NUMBER: 97-P183
CONCISE SUMMARY: Provides a code allowing for the reimbursement of services.

RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual: Chapter III, Section 15, Chiropractic Services.
PROPOSED RULE NUMBER: 97-P184
CONCISE SUMMARY: Billing codes for chiropractic services are being changed to national accepted codes.

RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual: Chapter II, Section 95, Podiatric Services.
PROPOSED RULE NUMBER: 97-P185
CONCISE SUMMARY: Allows podiatrists to access billing codes for interpreter services.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: October 31, 1997
AGENCY CONTACT PERSON: Gregory Nadeau
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: 624-5521
TTY (207)287-3799


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual: Chapter VII, Section 5, Estate Recovery.
PROPOSED RULE NUMBER: 97-P186
CONCISE SUMMARY: This proposed rule change clearly defines financial hardship and who is eligible for a waiver under this section.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: A public hearing is scheduled for October 16, 1997 in the Policy and Development Conference Room at 9 a.m. located at: Second Floor, 35 Anthony Avenue, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 31, 1997
AGENCY CONTACT PERSON: Gregory Nadeau
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207)624-5521
TTY: (207)287-3799


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual: Chapter II, Section 3, Ambulatory Care Clinic Services.
PROPOSED RULE NUMBER: 97-P187
CONCISE SUMMARY This eliminates the need for physicians on at least a weekly basis, to review treatment provided by nurse practitioners, specialized nurse practitioners and physician assistants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: October 31, 1997
AGENCY CONTACT PERSON: Gregory Nadeau
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5521
TTY (207)287-3799


AGENCY: 10-144 - Department of Human Services Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: 10-144 CMR 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 97-P188
CONCISE SUMMARY: The Department of Human Services proposes to increase subsurface and sewage disposal permit fees as listed in table 110.2 of the Subsurface Wastewater Disposal Rules. The 118th Legislature authorized the increase of the wastewater disposal fee from $60 to $100. Accordingly, the department proposes an increase to the wastewater disposal fees. Also the department intends to rectify inadvertent errors and provide non-substantive clarification to various sections of the wastewater disposal rules.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES
The municipalities will receive an increase in subsurface sewage disposal permit revenues due to this increase.
STATUTORY AUTHORITY: Title 30A 4211
PUBLIC HEARING: Tuesday, October 7, 1997 - 9 a.m.-12 p.m., State Office Building Room 113, Augusta, Maine
DEADLINE FOR COMMENTS: Tuesday, October 21,1997
AGENCY CONTACT PERSON:
NAME: W. Clough Toppan
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta ME 04333
PHONE: (207) 287-5686


ADOPTIONS

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Chapter 480, High Risk Insurance Organization Notice Requirements
ADOPTED RULE NUMBER: 97-295
CONCISE SUMMARY: Rule Chapter 480 is being repealed as the Maine Insurance High Risk Organization program has been discontinued.
EFFECTIVE DATE: September 11, 1997
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Chapter 430, Cost of Gas Adjustment for Gas Utilities
ADOPTED RULE NUMBER: 97-296
CONCISE SUMMARY: The changes update statutory citations in the rule, simplify certain reporting requirements, and revise the definition of cost of gas to bring it into conformity with current industry usage and a recent Commission decision.
EFFECTIVE DATE: September 9, 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: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Chapter 50 - Rules for Fees for Data Processing, Report Compilation and Copying Services
ADOPTED RULE NUMBER: 97-297
CONCISE SUMMARY: Effective December 31, 1996, with the enactment of PL 1996, Chapter 653 the Maine Health Care Finance Commission (MHCFC) was eliminated entirely and replaced by the Maine Health Data Organization, which is responsible for the collection of health related data. The purpose of this Chapter is to outline the schedule of fees for the right to access and use the health data available from the Maine Health Data Organization and for report generation, publishing, and duplicating costs incurred by the Organization in responding to requests.
EFFECTIVE DATE: September 11, 1997
AGENCY CONTACT PERSON: Alan M. Prysunka, Interim Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: Gardiner Annex-Northern Avenue 35 State House Station Augusta, Maine 04333
TELEPHONE: (207) 624-8655


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Chapter 4 (4.02), Migratory Bird Hunting
ADOPTED RULE NUMBER: 97-298
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 1997 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: September 10, 1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, Maine 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Chapter 256, Maine Medical Laboratory Rules (Arnendments)
ADOPTED RULE NUMBER: 97-299
CONCISE SUMMARY: These amendments to the existing rule:
* Reduce duplication of inspections by providing for accepting certification or accreditation of other agencies.
* Revise personnel requirements to conform more closely with the federal clinical laboratory improvement amendments (CLIA '88).
* Revise proficiency testing requirements to conform more closely with CLIA '88.
* Revise exempt tests to conform more closely with CLIA '88.
* Revise health screening laboratory section to allow public screenings for HDL cholesterol.
EFFECTIVE DATE: October 1, 1997
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12, Augusta 04333
TELEPHONE: 287-1929


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 97-300
CONCISE SUMMARY: The final rules comply with Title 22, Chapter 1678, Sections 8551-8552. The final rules establish Chapter 23, Alzheimer's/Dementia Care Units, to the nursing home licensing regulations and include the following:
Chapter 23.A. Definitions
Chapter 23.B. Alzheimer's/Dementia Care Unit Program Disclosure
23.B.1. Disclosure Required
23.B.2. Disclosure Content
Chapter 23.C. Standards for Alzheimer's/Dementia Care Units
23.C.1. Physical Design, Environment and Safety
23.C.2. Staffing and Staff Training
23.C.3. Admission and Discharge
23.C.4. Assessment and Individual Care Plans
23.C.5. Therapeutic Activities
23.C.6. Social Services
EFFECTIVE DATE: October 1, 1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #331 Public Assistance Manual (TANF)
ADOPTED RULE NUMBER: 97-301
CONCISE SUMMARY: These rules:
* Replace the Aid to Families with Dependent Children (AFDC) program administered by the Department of Human Services with the Temporary Assistance for Needy Children (TANF) and Parents for Scholars (PaS) programs,
* Eliminate the Department's welfare-to-work 1115 demonstration project,
* Expand the Department's welfare-to-work initiatives statewide, and
* Clarify or correct rules.
EFFECTIVE DATE: September 1, 1997
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
TELEPHONE NUMBER: 287-5089
TTY: (207) 287-6948


AGENCY: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
CHAPTER NUMBER AND TITLE: Chapters 1-14:
Chapter 1 - Definitions
Chapter 2 - Rules for All Elevators, Manlifts and Escalators
Chapter 3 - Rules for New Elevator Installations
Chapter 4 - Rules for Existing Elevator Installations
Chapter 5 - Rules for Escalator & Moving Walks Installations
Chapter 6 - Rules for Manlift Installations
Chapter 7 - Tramway Rules
Chapter 8 - Elevator Inspectors
Chapter 9 - Tramway Inspectors
Chapter 10 - Wire Rope Inspectors
Chapter 11 - Elevator Mechanics
Chapter 12 - Fees
Chapter 13 - General Information
Chapter 14 - Complaints, Investigations and Adjudicatory Hearings
ADOPTED RULE NUMBERS: 97-302 through 97-315
CONCISE SUMMARY: The proposed rule changes outline the installation, maintenance, operation, use and inspection requirements of elevators, escalators, manlifts, and tramways in the State of Maine. The proposed rule changes outline the licensing requirements for elevator inspectors, tramway inspectors, wire rope inspectors, and elevator mechanics. 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.
EFFECTIVE DATE: March 15, 1998 - except Chapter 12, effective December 15, 1997
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Office of Licensing & Registration, 35 State House, Station Augusta, ME 04333
PHONE NUMBER 207/624-8605


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Chapter 607, ASPIRE-TANF Program Rules
ADOPTED RULE NUMBER: 97-316
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 from public assistance and programs authorized under Federal JOBS legislation. The ASPIRE-TANF Program is predicated on the Federal and State legislation mentioned above, and continues the mandate of assisting program participants to move from welfare to a position of self-support. Major changes in program rules includes the following:
* Changing the program name from ASPIRE/JOBS to ASPIRE-TANF;
* Establishment of the Family Contract as the individual responsibility plan mandated by PRWORA;
* Completion of the orientation process that is begun by BFI Eligibility;
* Creation of the Parents as Scholars (PaS) Program, a State-funded program that allows participants to receive a package of financial aid, Medicaid and support services while attending post secondary undergraduate 2 and 4-year degree-granting programs (these programs are removed from the ASPIRE-TANF Program, and put into PaS);
* Elimination of the Community Work Experience Program, as it is no longer in existence under PRWORA, and TEMP and Maine Serve Programs serve the same function;
* Changes in participant performance requirements, including lowering the age of the youngest child from 2 to 1 for mandatory participation in the ASPIRE-TANF Program;
* Limiting countable activities for parents under age 20 to high school completion;
* Requiring the second parent in a two parent household, if determined to be mandatory (or a volunteer) by BFI Eligibility to participate a minimum of 20 hours per week in a countable activity;
* Allowing study time to be more easily counted during the first 12 months of post secondary education;
* Eliminating program service priorities;
* Defining scheduling procedures more in line with the TANF Program;
* Bringing release of information to law enforcement personnel in line with Federal law;
* Providing good cause for non-participation for individuals involved in domestic violence issues;
* Elimination of the expedited procedure to meet the enrollment requirements of an education or training institution;
* Bringing job search into line with PRWORA, by limiting it to 6 weeks in any Federal fiscal year;
* Re-defining ASPIRE-Plus as On-the-Job Training, in line with current State law, and eliminating the prior Section 16, as it was specific to a waiver program;
* Re-examining the concept of self-employment as it relates to providing a viable path towards self-support, and providing a timetable and conditions that need to be met to remain in compliance with participation in the ASPIRE-TANF Program;
* Increasing available funds for the following support services: transportation (from $.22 to $.23 per mile reimbursement); auto repairs (from $400 to $500 per period of enrollment); eye care (from $125 to $150); and other needs (from $1 00 to $200); providing support services to participants employed, on an ongoing basis;
* Elimination of the equitable geographical service delivery section in the manual, as it is no longer necessary;
* And other changes, primarily procedural, as necessitated by the new Federal and State laws.
EFFECTIVE DATE: September 14, 1997
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE-TANF Coordinator, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-3309


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #301 Food Stamp Manual
ADOPTED RULE NUMBER: 97-317
CONCISE SUMMARY:
* Explains that putative or identified non-custodial parents of a child under the age of 18 shall not be eligible to participate in the Food Stamp Program if the individual refuses to cooperate with a State Child Support Agency.
* Changes the time frame by which intentional program violation claims must be established.
* Changes the thresholds for the establishment of claims.
EFFECTIVE DATE: September 14, 1997
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948


AGENCY: 29-250 -Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 10, Rules Implementing the Federal Driver's Privacy Protection Act
ADOPTED RULE NUMBER: 97-321
CONCISE SUMMARY: This rule establishes the procedures for the disclosure of personal information contained in motor vehicle records in accordance with state and federal law.
EFFECTIVE DATE: September 15, 1997
AGENCY CONTACT PERSON: Gregory C. Hanscom, Deputy Secretary of State
AGENCY NAME: Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, ME 04333-0029
TELEPHONE: 207-287-8985


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