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September 24, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual - Chapters II & III, Section 97, Private Non-Medical Institution Services and related Principles of Reimbursement
PROPOSED RULE NUMBER: 97-P190
CONCISE SUMMARY: This rule allows Medicaid coverage for services provided by qualified homeless shelters for Medicaid recipients residing there on a temporary basis. The rule also describes coverage for child placing agencies as Child Care Facility Private Non-medical Institution providers. Other changes reduce reporting requirements for providers and better coordinate existing services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: October 15, 1997 at 1:00 p.m., Department of Human Services, 35 Anthony Ave., Augusta, ME 04333. Persons wishing to attend and requiring special accommodations are requested to contact the Bureau two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: October 31, 1997
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5516


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332, Maine Medicaid Eligibility Manual:
1). Treatment of VA pension for those residing in a VA nursing home.
2). Coverage of children at 100% of Federal Poverty Level.
PROPOSED RULE NUMBER: 97-P191
CONCISE SUMMARY: Effective 11/l/97, Medicaid will count as income all of a VA pension an individual receives over $90 per month, including that part based on aid and attendance or unusual medical expenses, when setting an individual's cost of care. This rule applies to single veterans with no dependents and their surviving spouse who are getting Medicaid in VA nursing homes. VA pensions to those in other nursing homes are normally reduced to the $90 per month. This change is made due to a change in Federal Law. It means that those in VA and non VA Nursing Homes will be treated the same by Medicaid.
Children up to age 14 will be covered at 100% of the Federal Poverty Level (currently $885/month for a 2 person household)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 24, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5086
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

RULE TITLE OR SUBJECT: Rules Relating to the Practice of Micropigmentation
PROPOSED RULE NUMBER: 97-P192
CONCISE SUMMARY: These rules are being proposed to set the licensing rules, standards of practice and fees for licensing practitioners of micropigmentation.
PUBLIC HEARING: 10:00 a.m. October 14, 1997, Room 120, State Office Building, Augusta

RULE TITLE OR SUBJECT: Rules for Body Piercing
PROPOSED RULE NUMBER: 97-P193
CONCISE SUMMARY: These rules are being proposed to set the licensing requirements, safety standards and fees for licensing persons engaged in body piercing.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4321 et seq.
PUBLIC HEARING: 11:00 a.m., October 14, 1997, Room 120 State Office Building, Augusta
DEADLINE FOR COMMENTS: October 28, 1997
AGENCY CONTACT PERSON
NAME: Robert Peterson
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, ME 04333
PHONE: 287-5693


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: The Administration and Issuance of USDOT Numbers for Intrastate Motor Carriers
PROPOSED RULE NUMBER: 97-P194
CONCISE SUMMARY: The purpose of this rule is to outline the procedures and standards for the issuance of United States Department of Transportation (USDOT) numbers to those intrastate motor carriers qualifying under Title 29-A Section 555-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA 29A Section 555-A
PUBLIC HEARING: The Bureau's Meeting Room 1 at 101 Hospital St. Augusta, Me. on October 15,1997 at 10:00 a.m.
DEADLINE FOR COMMENTS: October 27,1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division 29 State House Station Augusta, Me. 04333-0029
TELEPHONE: 207/287-8633


AGENCY: 94-178 - Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT. Chapter 501, Adaptive Equipment Loan Program - Amendment 4
PROPOSED RULE NUMBER: 97-P195
CONCISE SUMMARY: This amendment makes changes to the rule governing the operation of the Adaptive Equipment Loan Program Fund Board, including revisions required to conform to recent changes to the statutes governing the Program. The major changes made by the amendment include elimination of references to the Board Expense Fund, which no longer provides funds to the Board or Fund; clarification the differences between loans for personal and business purposes; elimination of the requirement that 75% of all dollars loaned by the Fund be for personal purposes; elimination of the requirement for a 100% cash match by for-profit Applicants for loans for business purposes; granting the Board express authority to create subcommittees for certain limited purposes, and increasing the maximum amounts of loans for business purposes to $100,000 from $50,000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY-. 10 MRSA 374
PUBLIC HEARING(S). October 14, 1997, Monhegan Room, Samoset Resort, 220 Warrenton Street, Rockport, Maine at 1:00 p.m.; and October 22, 1997, Aroostook Room, Campus Center, University of Maine at Presque Isle, 181 Main Street, Presque Isle, Maine at 10 a.m.
DEADLINE FOR COMMENTS: Written comments are requested on or before October 22, 1997 but will be accepted on or before November 5,1997. Oral or written comments may be presented at the hearings.
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o FINANCE AUTHORITY OF MAINE, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Chapter 3 - Schedule of Minimum Prices - Order #97-11
PROPOSED RULE NUMBER: 97-P196
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 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, October 9, 1997, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 9, 1997
NAME: Thomas C. Doak, Director/OPPLIS
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: Chapter 101 - Maine Medical Assistance Manual: Chapter III, Section 67 - Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 97-P197
CONCISE SUMMARY: The proposed rules provide clarification, changes and additions to the Principles of Reimbursement relevant to all nursing facilities reimbursed by the Department of Human Services, effective 7/l/97. The proposed rule adds language concerning the electronic submission of MDS assessments and changes the definition of the MDS assessment review error rate and the unverified case mix group record. It changes the error rate percentage used in the calculation of the sanctions applied to the allowable case mix adjusted direct care cost component. Additional information has been added to the Administrator in Training Program language, Loss Prevention and Safety Services wording has been deleted, a new section concerning a Certificate of Need Extraordinary Circumstance Allowance has been added, and wording has been added concerning the occupancy adjustment for facilities with 60 or fewer beds.
THIS RULE WILL NOT X HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Copies of the proposed changes are available for public review at the following human services regional offices:

Receptionist
Portland Regional Office
509 Forest Ave.
Portland, Maine 041 01

Receptionist
Sanford Regional Office
39 St. Agnatius Street
Sanford, Maine 04073

Receptionist
Houlton Regional Office
5 High St.
Houlton, Maine 04730

Receptionist
Rockland Regional Office
360 Old Country Road
Rockland, Maine 04841

Receptionist
Calais Regional Office
88A South Street
Calais, Maine 04619

Receptionist
Machias Regional Office
100 Court Street
Machias, Maine 04654

Receptionist
Caribou Regional Office
RR2 Box 8700
Caribou, Maine 04736

Receptionist
Biddeford Regional Office
208 Graham St.
Biddeford, Maine 04005

Receptionist
Lewiston Regional Office
200 Main St.
Lewiston, Maine 04240

Receptionist
Augusta Regional Office
219 Capital St.
Augusta, Maine 04333

Receptionist
Bangor Regional Office
396 Griffen Road
Bangor, Maine 04401

Receptionist
Ellsworth Regional Office
Plaza Shopping Mall
Ellsworth, Maine 04605

Receptionist
Fort Kent Regional Office
92 Market St.
Fort Kent, Maine 04743

Receptionist
Skowhegan Regional Office
140 North Ave.
Skowhegan, Maine 04976

STATUTORY AUTHORITY: 22 M.R.S.A. 10
PUBLIC HEARING: October 15, 1997 10:00 a.m., Rehabilitative Services - Conference Room, Pella Building, 35 Anthony Avenue, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 27, 1997
AGENCY CONTACT PERSON: Debra Couture, Division of Reimbursement & Financial Services, Bureau of Medical Services, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540.


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Chapter 36 - Herring
ADOPTED RULE NUMBER: 97-323
CONCISE SUMMARY: The Department of Marine Resources is proposing changes to existing regulations affecting the fishery for Atlantic herring in Gulf of Maine coastal waters which will make the procedure for implementing the spawning closure currently in effect south of 43 degrees 32 minutes N latitude consistent with the spawning closure procedure north of 43 degrees 32 minutes N latitude.

CHAPTER NUMBER AND TITLE: Chapter 42 - Striped Bass
ADOPTED RULE NUMBER: 97-324
CONCISE SUMMARY: These amended Striped bass rules allow for a 15-day extension of the striped bass season to October 15. The statewide retention season is proposed to run from June 10 through October 15; the retention season in striped bass spawning areas is proposed to run from July 1 through October 15.

EFFECTIVE DATE: September 16, 1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


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