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September 30, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
PROPOSED RULE NUMBER: 98-P137
CONCISE SUMMARY: Republished as the deadline for comments has been extended to October 30, 1998
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: N/A
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: Extended to October 30, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

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

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 13, Targeted Case Management Services.
PROPOSED RULE NUMBER: 98-P205
CONCISE SUMMARY: This rule expands target populations for case management services to children ages 5 to 21 years that exhibit factors that may lead to social, emotional and/or academic failure and families of children participating in the Maine Healthy Families program. Additional changes were made to allow other providers access to already existing sections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 9 a.m., October 23, 1998, Policy Development Conference, Room 35 Anthony Avenue, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 6,1998
AGENCY CONTACT PERSON: Gregory Nadeau, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 624-5521 or 1-800-321-5557 option 1
TTY 1-800-423-4331 (Deaf/Hard of Hearing) or 287-1828 (Deaf/Hard of Hearing)

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. I, Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 98-P206
CONCISE SUMMARY: This proposed rule updates Chapter I, Section 1, of the Maine Medical Assistance Manual. The update includes changes in statutory authority; clarifies provider electronic record keeping requirements, recipient eligibility for covered services, Cub Care eligibility, environmental modifications, third party liabilities, faxed signatures, and prior authorization requirements; deletes obsolete statutory references regarding provider fraud/abuse; updates membership guidelines for the Medicaid Advisory Committee; and related editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: October 21, 1998 at 2:30 p.m. in the second floor conference room, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: November 2,1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-423-4331 (Deaf/Hard of Hearing)


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. (New), Rules for Manufacturer's License
PROPOSED RULE NUMBER: 98-P207
CONCISE SUMMARY: These rules establish the basic requirements for a manufacturer when obtaining a license to conduct business as a manufacturer or distributor of new vehicles in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 10 MRSA 1171-B(4) and Title 29-A 153
PUBLIC HEARING: None scheduled; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: October 30, 1998
AGENCY CONTACT PERSON: Linda Grant
AGENCY NAME: Secretary of State - Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street, Augusta, Me 04330
TELEPHONE: 207-287-5420


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

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual, Ch. V, Section 2, Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services
PROPOSED RULE NUMBER: 98-P208
CONCISE SUMMARY: The proposed rule updates Chapter V, Section 2, "Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services." The changes include clarification of financial limits in contracts; interperiodic screenings; modification of treatment plans; screenings for behavioral health needs; timely provision of services; and the processing of prior authorization requests.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: October 21, 1998 at 1:30 p.m. in the second floor conference room of the Pella Building, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: October 26,1998
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514, or at 207-423-4331 (Deaf/Hard of Hearing)

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 65, Mental Health Services
PROPOSED RULE NUMBER: 98-P209
CONCISE SUMMARY: This proposed rule changes the term Children's Non-Clinic Mental Health Services to Children's Behavioral Health Services and clarifies associated policy located in subsections 54.04-1 (D), 65.08-3 and 65.09-2. In addition, Family Psychoeducation Treatment Program Services has been added as a covered service for both children and adults meeting specific eligibility criteria. Chapter III reflects related fee and code changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: October 20, 1998 at 1:00 p.m., Medicaid Policy Development Division, 1st Fl. Conference Rm., 35 Anthony Avenue, Augusta, Maine. 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, by October 9, 1998 in order for special arrangements to be made.
DEADLINE FOR COMMENTS: October 30, 1998
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517
TTY: 207-287-1828, 1-800-423-4331


ADOPTIONS

AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE: Ch. 283, Rules and Regulations relating to testing newborn infants for detection of causes of mental retardation and selected genetic conditions.
ADOPTED RULE NUMBER: 98-399
CONCISE SUMMARY: These rules define the responsibilities of hospital administration and staff, physicians, "principal birthing attendants", parents and others with regard to the screening of newborn infants for conditions which if untreated can cause mental retardation or early death. These rules address the timing of newborn blood specimen collection, shipment of specimens, parental refusal of tests, conditions to be screened, records to be maintained, responsibilities for follow-up tests when necessary and the storage and use of leftover specimens.
EFFECTIVE DATE: October 1, 1998
AGENCY CONTACT PERSON: Christina Armstrong
AGENCY NAME: DHS
ADDRESS: Genetics Program DHS, BOH, Div. MCH, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5357


AGENCY: 01-026 - Department of Agriculture, Food & Rural Resources, Board of Pesticides Control

CHAPTER NUMBER AND TITLE: Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
ADOPTED RULE NUMBER: 98-400
CONCISE SUMMARY: This chapter was amended to delete the notification and posting requirements and consolidate them in the new Chapter 28. This chapter continues to establish procedures and standards for the outdoor application of pesticides by powered equipment in order to minimize spray drift and other unconsented exposure to pesticides.

CHAPTER NUMBER AND TITLE: Ch. 28, Notification Provisions for Outdoor Pesticide Applications
ADOPTED RULE NUMBER: 98-401
CONCISE SUMMARY: This new chapter establishes procedures and standards for informing interested members of the public about outdoor pesticide applications in their vicinity. This chapter also sets forth the requirements for requesting notification about pesticide applications and for posting property on which certain commercial pesticide applications have occurred. In addition, it establishes the Maine Pesticide Notification Registry with an annual fee of $20.00 and includes a sunset provision of September 30, 2000.

EFFECTIVE DATE: September 22, 1998
AGENCY CONTACT PERSON: Robert L. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station Augusta, ME 04333-0028
TELEPHONE: 207-287-2731


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 128, Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
ADOPTED RULE NUMBER: 98-405
CONCISE SUMMARY: These revised regulations will allow Certified Nursing Assistants a "second chance" to reapply for placement on the Maine Registry of Certified Nursing Assistants one (1) year after denial for filing a fraudulent or deceitful or misrepresenting application.
EFFECTIVE DATE: October 1, 1998
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
TTY (207) 624-5512


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 102, Electronic Funds Transfer
ADOPTED RULE NUMBER: 98-406
CONCISE SUMMARY: Proposed Rule 102 covers electronic collection of taxes pursuant to authorizing legislation in 36 MRSA 193. Major components of the rule are: A) Definitions of specific electronic funds transfer terminology and available electronic funds transfer methods; B) Mandates stated in 193 and guidelines for voluntary EFT participation; C) Technical information; D) Procedural information; E) Guidelines to consider regarding abatement of penalties; and F) Information on problem resolution. The Rule is intended to benefit taxpayers in a number of ways, foremost by reducing tax filing requirements whenever possible. Additionally, Maine Revenue Services is able to serve taxpayers by providing efficient and convenient electronic payments mechanisms. An added benefit of electronic funds transfers is an audit trail that allows Maine Revenue Services to research electronic payments quickly and easily. The Rule defines specific guidelines to consider regarding abatement of penalties for failure to pay if the taxpayer can demonstrate a good faith effort to make an EFT payment and satisfy an underpayment in a timely manner in both the ACH Debit and Credit method programs. Maine Revenue Services and the State benefit by increased funds going directly from taxpayer bank accounts to State depository accounts due to mandates contained in the Rule. Manual payment processing is significantly reduced due to an automated EFT processing system that directly transfers payment-related data to taxpayer accounts and provides revenue figures.
EFFECTIVE DATE: September 23, 1998
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services,
24 State House Station, Augusta, Maine 04333
(207) 287-1076


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 98-407
CONCISE SUMMARY: Adoption of this rule finalizes the transfer of the Consumer Directed Personal Care Assistant Services Program from the Department of Labor, Bureau of Rehabilitation Services to the Department of Human Services, Bureau of Elder and Adult Services. This transfer was mandated by PL 97, Chap 734 in order to consolidate the administration of all state funded home based care services programs within the Department of Human Services. This transfer does not alter the program.
EFFECTIVE DATE: September 23, 1998
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TTY: 888-720-1925


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 104, Rules for the Used Car Information Act
ADOPTED RULE NUMBER: 98-408
CONCISE SUMMARY: These rules were established so that dealers would have uniform disclosure forms and stickers for the sale of used vehicles and they would include all the information necessary to comply with state and federal laws and rules. The change in the rules reflects a law change that extends the time frame in which a vehicle needs to be inspected prior to sale or transfer by the dealer from 30 days to 60 days.
EFFECTIVE DATE: September 26, 1998
AGENCY CONTACT PERSON: Linda Grant
AGENCY NAME: Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: 287-5420


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 252, Emergency Rule Establishing a Zero Tolerance for Potato Spindle Tuber Viroid in Certified Seed Potatoes
ADOPTED RULE NUMBER: 98-409
CONCISE SUMMARY: This emergency rule amends the Department of Agriculture's "Rules Governing Certification of Seed Potatoes in the State of Maine" (Chapter 252) by deleting the 1/4% tolerance for Potato Spindle Tuber Viroid and establishing a zero tolerance for this disease.
EFFECTIVE DATE: September 22, 1998
AGENCY CONTACT PERSON:
NAME: Terry L. Bourgoin, Director
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-3891


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Section 25.3.4, revision of existing policy on Supervised Community Confinement.
ADOPTED RULE NUMBER: 98-410
CONCISE SUMMARY: This revision of departmental Policy 25.3.4, Supervised Community Confinement, pursuant to Title 34-A, M.R.S.A., Section 3036-A clarifies the existing procedures in addressing the manner of supervising prisoners transferring to the Supervised Community Confinement Program based on their custody level, thereby making it possible for more prisoners to participate in the program.
EFFECTIVE DATE: September 23, 1998
AGENCY CONTACT PERSON: Nancy Bouchard, Associate Commissioner
AGENCY NAME: Maine Department of Corrections
ADDRESS: State Office Building, 4th Floor, Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4384


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