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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

September 27, 2000
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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
PROPOSED RULE NUMBER: 2000-P214
CONCISE SUMMARY: MSHA is amending the Multi-family Development and Supportive Housing Loans and Grants Rule (the "Rule") to authorize MSHA to provide construction financing in the form of: (i) direct loans to 501(c)(3) nonprofit corporations and public housing authorities for the acquisition, new construction and rehabilitation of supportive housing; and (ii) the participation of tax-exempt facility bond proceeds in construction loans made by financial institutions in the State for the development of multi-family residential housing that is eligible for low-income housing tax credits. The amended Rule sets forth qualifications of borrowers, standards for the location and construction of housing for low-income persons and certain limitations on the interest rates, fees and charges that MSHA and any originating or participating financial institution may impose in connection with construction financing provided directly by MSHA or in which MSHA participates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY. 30-A MRSA 4832(2), 4741(l) and 4722(l)
PUBLIC HEARING: Tuesday, October 17, 2000, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: Friday, October 27, 2000, 5:00 p.m.
AGENCY CONTACIPERSON: Jodie S. Sullivan, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities.
PROPOSED RULE NUMBER: 2000-P215
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/00.
This proposed rule rebases nursing facility costs to the fiscal year ending in 1998; moves medical supplies and medicine and drugs into the direct care cost component and all other components of the present indirect component into the routine cost component; uses staff time information collected during the 1995 and 1997 Time Study and 1999 Maine Nursing Facility RN, LPN, and CNA wages to construct weights for each case mix group; establishes three peer groups; increases the direct care cost component of facilities not meeting the new minimum staffing ratios; adds language concerning a supplemental payment to nursing homes to address minimum staffing needs; and establishes a fund for quality outcome payments to nursing facilities based on performance standards, measurable outcomes and satisfaction surveys of consumers and family members.
THIS RULE MAY NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 1708(c)
PUBLIC HEARING: October 17, 2000, 1:00 p.m. - 4:00 p.m., Veteran's Administration Center Togus - Theater, Veteran's Administration Center, Building 210, Togus, Maine 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through October 30, 2000.
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Financial Services, Bureau of Medical Services
AGENCY ADDRESS: VA Center - Togus, Bldg. 205, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-287-8540
TTY: 207-287-1828


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #11-00
PROPOSED RULE NUMBER: 2000-P216
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 12:30 p.m., Thursday, October 12, 2000 John Martin's Manor Restaurant, 54 College Avenue, Waterville, Maine
DEADLINE FOR COMMENTS: October 12, 2000
NAME: Stanley K. Millay, Executive Director
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: Ch. 109, Quality Oversight for Commercial Health Maintenance Organizations (HMOs)
PROPOSED RULE NUMBER: 2000-P217
CONCISE SUMMARY: This new rule promulgates regulations that establish standards for assuring quality of care delivered by commercial health maintenance organizations. The Department of Human Services has been given the statutory authority to provide quality oversight for commercial HMOs, and this proposed rule is required to implement that authority.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 24-A MRSA Ch. 56
PUBLIC HEARING: October 17, 2000, 1:00 p. m., Policy Conference Room, second floor, 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: October 27, 2000
AGENCY CONTACT PERSON: Janet Moberg, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services, Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5527
TTY: 1-800-423-4331 or 207-287-1828


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Medicaid Coverage of Stepparents
PROPOSED RULE NUMBER: 2000-P218
CONCISE SUMMARY: This rule change allows stepparents to get Medicaid coverage as long as their income does not cause ineligibility for their stepchildren and they meet all other eligibility criteria.
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 26, 2000
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) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY:
94-348 - Maine Human Rights Commission
and
05-071 - Department Of Education
CHAPTER NUMBER AND TITLE: Ch. 4, Equal Educational Opportunity
ADOPTED RULE NUMBER: 2000-394 and 2000-395
CONSICE SUMMARY: This revision eliminated the affirmative action plan requirement from the provision allowing single sex teams contained in 4.1I(C)(4) and revised the language in 4.03(B).
EFFECTIVE DATE: September 19, 2000
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: 207-624-6050


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 930, Viatical Settlements
ADOPTED RULE NUMBER: 2000-396
CONCISE SUMMARY: This rule sets forth standards and procedures for the viatication of life insurance policies, to establish and maintain standards for reasonableness of payments to viators, to provide for procedures for disclosure of the identity of the viator or the insured and to establish licensing requirements for providers and producers.
EFFECTIVE DATE: September 22, 2000
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: 19-498 - Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND RULE TITLE: Ch. 20, Program Statement for Administering the 2001 Community Development Block Grant Small Cities Program
ADOPTED RULE NUMBER: 2000-397
CONCISE SUMMARY: This rule outlines the procedures by which the Department of Economic and Community Development (DECD) will administer the Community Development Block Grant (CDBG) Program in accordance with the Department of Housing and Urban Development (HUD) regulations. The rule describes the design and method of funds distribution for the various Community Development Block Grant programs, including the criteria to be used in making awards to communities.
EFFECTIVE DATE: September 19, 2000
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #10-00
ADOPTED RULE NUMBER: 2000-398
CONCISE SUMMARY: Minimum October, 2000 producer Class I and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $10.13. These changes were passed on in minimum prices.
EFFECTIVE DATE: October 1, 2000
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, 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
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 62, Genetic Testing and Clinical Genetic Services
ADOPTED RULE NUMBER: 2000-400
CONCISE SUMMARY: This adopted rule titled Genetic Testing and Clinical Genetic Services, repeals and replaces the previous rule by the same rule number and section titled Molecular Testing. This rule adds genetic evaluation, testing and counseling as covered Medicaid services.
EFFECTIVE DATE: October 11, 2000
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 55.58, Penobscot River Fishing Closure
ADOPTED RULE NUMBER: 2000-401
CONCISE SUMMARY: The Department of Marine Resources adopts regulations Ch. 55.58 as a necessary measure to prevent the imminent depletion of the Atlantic salmon of the Penobscot River. Incidental catch and release of Atlantic salmon caught by recreational fishermen can result in the death of salmon due to handling and stress. Three salmon recently caught and released by striped bass fishermen below the Veazie dam is evidence that the current closure on the directed salmon-angling fishery is not adequate to protect Atlantic salmon. This additional measure will increase the protection of Atlantic salmon from mortality associated with catch and release fishing.

CHAPTER NUMBER AND TITLE: Ch. 25.10(1)(a), Zone G, Limited lobster fishing in the vicinity of Kittery.
ADOPTED RULE NUMBER: 2000-402
CONCISE SUMMARY: The Commissioner of Marine Resources has adopted the requirement that both ends of trawls be marked with buoy sticks of at least 4 feet length, in the vicinity of Kittery. This adds a second stick to the requirement set forth in 12 MRSA 6439-A that one end of a trawl be marked with a 4 foot stick. The Zone G Lobster Management Council unanimously requested this regulation, which is for the purpose of preventing gear conflicts.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone F
ADOPTED RULE NUMBER: 2000-402
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations under Ch. 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These changes establish an exit ratio of 1:3 for Zone F and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.

CHAPTER NUMBER AND TITLE: Ch. 25.93(E), Limited Entry Guidelines for Lobster Management Zones, and Ch. 25.93(A), Definitions
ADOPTED RULE NUMBER: 2000-404
CONCISE SUMMARY: The Department of Marine Resources has adopted changes to Ch. 25.93(E) as contemplated by 12 MRSA 6448. The changes require the zone council to have the survey on limited entry approved by the Commissioner and that the Commissioner is allowed to put one, or more than one, exit ratio out to public comment. Restrictions on the frequency with which zone councils may take action on limited entry and on the lower limit of the number of licenses in a zone have been set. The citation for exclusive economic zone has been added to the definitions.

CHAPTER NUMBER AND TITLE: Ch. 25.96(E), Eligibility Date for New Class I, II or III Lobster License Holders
ADOPTED RULE NUMBER: 2000-405
CONCISE SUMMARY: The Department of Marine Resources has adopted changes to Ch. 25.96(E) as contemplated by 12 MRSA 6421, 6422 and 6448. The changes describe the procedure for establishing the eligibility date for a new Class I, II or III lobster and crab license holder in order to establish the waiting list for limited-entry zones.

CHAPTER NUMBER AND TITLE: Ch. 27.01(A), Sea Cucumber Drag Size Restrictions, and Ch. 27.05, Definitions
ADOPTED RULE NUMBER: 2000-406
CONCISE SUMMARY: The Department has adopted regulations to define the configuration of sea cucumber drags for compliance with 12 MRSA 6812, effective August 11, 2000. In compliance with 12 MRSA 6812(l), that requires drag widths to not exceed 5 feet 6 inches, the new regulations require the drag configuration to not exceed 22 feet in length and shall not have a head bail constructed of greater than 1 1/2" steel stock. Smaller dimensions are allowed. A definitions section has been be added to this chapter.

EFFECTIVE DATE: September 23, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Miscellaneous Policy Clarifications and Amendments Rev. 51-A
ADOPTED RULE NUMBER: 2000-407
STATUTORY AUTHORITY: 22 MRSA 3741
CONCISE SUMMARY:
This Rule
corrects page numbers contained in the Table of Contents.
amends the Refugee Cash Assistance (RCA) program required by new federal regulations and adds reference to the RCA Program in the introduction section of the manual.
eliminates the essential person policy from the TANF Program and allows caretaker relatives and most stepparents a choice to be included or excluded from TANF.
clarifies that no TANF assistance will be provided to families who do not assign their rights to support.
amends policy to allow individuals serving a sanction/penalty for not complying with ASPIRE-TANF rules an opportunity to end a sanction earlier than 3 or 6 months when they engage in paid employment of, at least, 30 hours per week and at no less than minimum wage.
adds JTPA and Americorp payments of all types to the list of excluded assets and income for TANF.
relocates the history of earned income disregards prior to 7/1/99 to the appendix.
relocates the history of budgeting pretests and disregards for TANF prior to 7/1/98 to the appendix.
adds a clarifying note to Transition Child Care policy that limits a family's fee to 10% of the family's gross income.
redefines the terms toddler and pre-schooler for Transitional Child Care.
removes text that explains the procedure used to complete child care provider checks from the policy manual.
updates the Transitional Child Care fee assessment criteria.
clarifies that overpaid ASPIRE-TANF Support Services are treated like TANF overpayments.
amends Transitional Transportation overpayment policy to allow collection of such overpayments from TANF benefits without a client's permission.
corrects a typographical error on page 8 of Ch. V11.
Effective date of policy Concerning Stepparents and Caretaker Relatives is November 2000.
Effective date of all other policies is October 2000.
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
DEAF/HARD OF HEARING TTY: (207) 287-6948


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