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Weekly Rulemaking Notices Contact Us Find It

September 25, 2002
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: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 29.2, Client Grievance Rights, Grievance Process, Medical and Mental Health Care
PROPOSED RULE NUMBER: 2002-P212
CONCISE SUMMARY: Designate the medical and mental health care issue adult grievance process for the purposes of maintaining the orderly management and promoting safety and security for the MDOC adult correctional facilities.
PROPOSAL FILED PREVIOUSLY - COMMENT DEADLINE DATE EXTENDED

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 29.1, Client Grievance Rights, Grievance Process, General
PROPOSED RULE NUMBER: 2002-P213
CONCISE SUMMARY: Designate the general issue adult grievance process for the purposes of maintaining the orderly management and promoting safety and security for the MDOC adult correctional facilities.
PROPOSAL FILED PREVIOUSLY - COMMENT DEADLINE DATE EXTENDED

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1203(3)(B) and 1402(5)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 3, 2002 (Comment Deadline Extended)
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 02-383 - Department of Professional & Financial Regulation, Board of Osteopathic Licensure
RULE TITLE OR SUBJECT: Ch. 17, Physician/Physician Assistant - Patient Boundaries - Gifts
PROPOSED RULE NUMBER: 2002-P236
CONCISE SUMMARY: The purpose of this rule is to identify under what circumstances the giving or receiving of gifts by a physician or physician assistant is considered as unprofessional conduct.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING): None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, November 3, 2002
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 11.07(l)(a)(iii), Configuration of Scallop Drag, Minimum mesh size - New section
PROPOSED RULE NUMBER: 2002-P237
CONCISE SUMMARY: The proposed rulemaking would reduce the number of required rows of non-overlapping steel rings from four to no less than one row in any scallop dredge that is 3.5 feet or less in width.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:00 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:00 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:00 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:00 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

RULE TITLE OR SUBJECT: Ch. 11.10(B), Atlantic Sea Scallops, Minimum Size
PROPOSED RULE NUMBER: 2002-P238
CONCISE SUMMARY: This proposed rule-making would raise the minimum size of possession of Atlantic sea scallops to those whose shells are 4 inches in the longest diameter, except in those areas where the minimum size is otherwise set by statute. The current minimum size is 3.25 inches in the longest diameter statewide, and 3.5 inches in Cobscook Bay.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:15 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:15 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:15 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:15 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

RULE TITLE OR SUBJECT: Ch. 11.10(E), Atlantic Sea Scallops, Culling Requirement
PROPOSED RULE NUMBER: 2002-P239
CONCISE SUMMARY: This proposed rulemaking would require that all scallops less than the minimum size be liberated prior to beginning shucking of legal sized scallops. A vessel may not have on board any scallops less than the minimum size while a scallop boat license holder or crewmember is shucking scallops.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:30 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:30 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:30 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:30 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
DEADLINE FOR COMMENTS: November 2, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and Ch. III, Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2002-P240
CONCISE SUMMARY: This proposed rule will implement changes to facilitate access to Children's Behavioral Health Services in a timely manner. Eligibility for children's behavioral health services has been simplified; minimum qualifications for Behavioral Specialist I's have been revised to increase the pool of qualified persons, and modifications have been made for provisionally approved Behavior Specialists I's. Other edits include terminology changes including Medicaid to MaineCare,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA. 42, 3173
PUBLIC HEARING:
Date: Thursday, October 17, 2002
Time: 1O a.m.
Location: Department of Human Services, Large Conference Room, 442 Civic Center Drive, Augusta, Maine.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below, Marianne Ringel, before October 9, 2002.
DEADLINE FOR COMMENTS: October 28, 2002
AGENCY CONTACT PERSON: Marianne Ringel Director, Division of Policy and Provider Relations
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - MaineCare Limited Benefit for People Living with HIV/AIDS
ADOPTED RULE NUMBER: 2002-342
CONCISE SUMMARY: Effective July 2002, under Emergency Rule, MaineCare provided the Limited Benefit to people living with HIV/AIDS. Individuals must have monthly income under 250% of the Federal Poverty Level ($1,846 for 1 person), be HIV positive and follow an agreed upon treatment regimen. There will be a monthly premium of $20 - $40 depending on income. There is no asset criteria. There is an enrollment cap and a waiting list will be maintained by the Bureau of Health.
EFFECTIVE DATE: September 16, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011 TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 25, Dental Services
ADOPTED RULE NUMBER: 2002-343
CONCISE SUMMARY: This rule will implement coverage for hygienist services in several new health care settings, including settings approved under the newly expanded Public Health Supervision status. This rule requires the provision of certain case management requirements for dentists and increases certain restorative reimbursement rates. Additional changes include the removal of many prior authorization requirements and clarifications of covered services. Ch. III, Allowances for Dental Services, is completely revised.
EFFECTIVE DATE: September 21, 2002
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of MaineCare Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (formerly called Maine Medical Assistance Manual): Ch. II & III, Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2002-344
CONCISE SUMMARY: The final rule implements cuts to reimbursement rates for non-radiologic chiropractic services in response to the State budget crisis. These cuts were implemented through emergency rule-making effective 7/1/2002 to 9/28/2002. The final rule also includes more complete edits and updates in program guidelines and name changes throughout the policy.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 State House Station, 442 Civic Center Drive, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365 or at (207) 287-1828 (Deaf/Hard of Hearing)


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

CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities- Room and Board Costs
ADOPTED RULE NUMBER: 2002-345
CONCISE SUMMARY: These rules allow the program allowance and the inflation allowance to be set at the discretion of the Commissioner to the extent that funds are available. These rules also change reimbursement for some laundry, housekeeping, and dietary staff wages previously reimbursed as room and board components in this chapter, for those staff who provide direct personal care services in a Private Non-Medical Institution.

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2002-346
CONCISE SUMMARY: The previous regulating language stated that MaineCare reimburses the lowest of the following: 1) the usual and customary of any amount the provider will accept from any other third party program; 2) Average wholesale price - 10%, plus a $3.35 professional fee; or 3) the Federal Upper Limit or the Maine maximum allowable cost plus the $3.35 professional fee. The adopted rule reduces the second option from Average Wholesale Price (AWP) - 10% to AWP - 13%, plus the $3.35 professional fee. The final rule also specifies that there is a $10 co-payment for each covered prescription for members receiving benefits under MaineCare Ch. X, Section 1, Benefit for People Living with HIV/AIDS.

EFFECTIVE DATE: September 27, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9368
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE: Ch. 5, Installation Standards
ADOPTED RULE NUMBER: 2002-347
CONCISE SUMMARY: The rules adopt the most recent editions of the National Fire Protection Association guidelines and ASME CSD-1 for the installation and servicing of any propane and natural gas equipment in the State of Maine.
EFFECTIVE DATE: September 22, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station. Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 07-105 - State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 220, Methodology for Identification of Regional Service Centers
ADOPTED RULE NUMBER: 2002-348
CONCISE SUMMARY: This rule describes the information and method that the State Planning Office (SPO) will use to identify Maine cities and towns that are regional service centers. Regional service centers are the cities and towns to which many people in neighboring communities come to work, shop, or seek public housing or other government services. In accordance with the law directing SPO to adopt this rule, SPO will look at factors related to the types and number of jobs available in a community as well as the amount of retail sales and federally assisted housing in a community, in deciding whether a city or town is a regional service center. Regional service center communities are eligible for priority or preference in decisions to award certain state grants and loans. These state grants and loans include funds provided by the Maine Department of Economic and Community Development's Municipal Investment Trust Fund and Community Development Block Grant (CDBG) program, and local assistance provided by the State Planning Office.
EFFECTIVE DATE: October 17, 2002
AGENCY CONTACT PERSON: John Delvecchio
AGENCY NAME: State Planning Office
ADDRESS: 38 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3261


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Provider Notification of NOCs - proposed rule amendments to Ch. 1 7, 5 7, 8 2.
ADOPTED RULE NUMBER: 2002-349
CONCISE SUMMARY: The proposed amendments require employers/insurers to send Notices of Controversy to a Health Care Provider if the reasonableness of the Health Care Provider's bill is being disputed.
EFFECTIVE DATE: September 24, 2002
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Worker's Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.10, Snapping Turtles
ADOPTED RULE NUMBER: 2002-353
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule closing the season on the taking of snapping turtles for commercial purposes.
EFFECTIVE DATE: September 30, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


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