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October 1, 2003
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: 10-148 - Department of Human Services, Bureau of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 13, Rules for the Adoption Assistance Program
PROPOSED RULE NUMBER: 2003-P224
CONCISE SUMMARY: The rules establishing the eligibility requirements and amount of Adoption Assistance available to adoptive families titled, "Rules for the Adoption Assistance Program" (effective February 15, 1996) require revision to support the State's compliance with Title IVE. These rules describe the terms of the agreement between the family and the State and the procedures for applying to the Adoption Assistance Program. The major changes include:
* Changes in the eligibility in legal risk placements, identifying children as eligible for Adoption Assistance as those children who are legally free for adoption.
* Changes that reflect the discontinued use of the Request for Special Foster Family Rate form as part of the Adoption Assistance application process.
* A change that reflects the availability of the Fair Hearing Process in requests for retroactive Adoption Assistance.
* The inclusion of a statement of Responsibility of States in Interjurisdictional Adoptions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 19 MRSA 1141, 1142, 1143, and 1144 which applies when adoption petitions were filed prior to 8/1/94 and 18-A MRSA Article IX, Part 4, Sections 9-401, 9-402, 9-403, and 9-404, which applies when adoption petitions were filed 8/1/94 and after.
PUBLIC HEARINGS:
Portland - Wednesday, 10/22/03 - 6-8 p.m., Portland Dept. of Human Services Office, 161 Marginal Way, Portland
Bangor - Thursday, 10/23/03 - 6-8 p.m., University College Bangor, Ballroom, Texas Avenue, Bangor
DEADLINE FOR COMMENTS: November 2, 2003
AGENCY CONTACT PERSON: Virginia S. Marriner
AGENCY NAME: Department of Human Services, Bureau of Child and Family Services
ADDRESS: 221 State street, State House Station #11, Augusta, ME 04333 TELEPHONE: (207) 287-5060
TTY: (207) 287-5048


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities.
PROPOSED RULE NUMBER: 2003-P225
CONCISE SUMMARY: These proposed rules increase the per bed fee from $15.00 to $26.00 per bed for a license to operate a skilled nursing facility or a nursing facility in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA Ch. 405, 1815, 22 MRSA 42, Ch. 507, Public Law, L.D. 1636 and 5 MRSA 8054.
DATE(S)/PLACE(S) OF HEARING(S): October 21, 2003 at 1:30 p.m., Bureau of Medical Services, Conference Room 1 A/B, 442 Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 31, 2003
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY - DEAF/HARD OF HEARING: (207) 287-9312


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2003-P226
CONCISE SUMMARY: These proposed regulations incorporate the per bed fee increase of licensure to operate a hospital in the State of Maine from $10.00 per bed to $40.00 per bed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA Ch. 405, 1815, 22 MRSA 42, Ch. 507, Public Law, L.D. 1636 and 5 MRSA 8054
DATE(S)/PLACE(S) OF HEARING(S): October 20, 2003 at 1:30 p.m., Bureau of Medical Services, Conference Room 1 A/B, 442 Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 30, 2003
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY - DEAF/HARD OF HEARING: (207) 287-9312


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11, Scallops:
Ch. 11.10(B), Atlantic Sea Scallops, Minimum Size - Compliance
Ch. 11.07(1)(a)(i)&(iii), Configuration of Drag - Technical Corrections
PROPOSED RULE NUMBER: 2003-P227
CONCISE SUMMARY: This proposed rulemaking would incrementally raise the minimum size for the possession of Atlantic sea scallops to those whose shells measure 3 3/4 inches in the longest diameter effective December 1, 2003 through November 30, 2004, and then increase to 4 inches effective December 1, 2004 and thereafter. These increases are proposed for compliance and consistency with 12 MRSA 6729, which became effective September 13, 2003.
Two technical corrections are also proposed to regulations that became effective November 25, 2002. 1) The sentence structure of Ch. 11.07(l)(A)(i) on the configuration of the scallop drag would be corrected to match the sentence structure of the following subsections (ii) and (iii). 2) Non-substantive wording added to Ch. 11.07(l)(A)(iii) would be removed that unintentionally changed the intended meaning and therefore enforcement of the proposed regulation regarding placement of rings around the circumference of the top of the drag.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, October 20, 2003, 7:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor, Maine
DEADLINE FOR COMMENTS: Thursday, October 30, 2003
AGENCY CONTACT PERSON: Terry Stockwell. Mail written comments to: c/o Laurice.U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9556
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Debbie Everett, at (207) 624-6567


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab:
Ch. 25.20, Protected Resources
PROPOSED RULE NUMBER: 2003-P228
CONCISE SUMMARY: The Commissioner proposes to a adopt the federal Atlantic Large Whale Take Reduction Plans' Area 1 lobster gear modifications in order to provide for consistency with the Plans' requirements and to enhance protected resource enforcement efforts by the Marine Patrol. The federal plan has been developed to reduce all fishing gear entanglements that cause serious injury or mortality to large whales to a rate approaching zero. The Plan requirements include: no line floating at the surface; no wet storage of gear over 30 days; and the encouragement of knot free buoy lines. See proposed regulations for more details.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171(5)
PUBLIC HEARING: Monday, October 20, 2003, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Thursday, October 30, 2003
AGENCY CONTACT PERSON: Terry Stockwell
Mail written comments to: c/o Laurice U. Churchill.
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9556
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Debbie Everett, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab:
Ch. 25.85, Lobster Trap Escape Vent Dimensions - Technical Correction and Removal of Citations to Formerly Repealed Ch. 25.91 and 25.92
PROPOSED RULE NUMBER: 2003-229
CONCISE SUMMARY: Ch. 25.85 was promulgated to make the escape vent dimensions compliant with the escape vent placement as described in 12 MRSA 6433(A). However, as promulgated, the regulation omitted a portion of the authorizing statute as it related to an alternate placement of the vent, i.e., "...or on the top if the escape vent is placed over the head of an end parlor section." The proposed amendments would correct the regulations for consistency with the authorizing statute. Two citations for the formerly repealed sections 91 and 92 would also be removed as a technical clean up for consistency within the chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6433, 6171
PUBLIC HEARING: Monday, October 20, 2003, 6:30 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Thursday, October 30, 2003
AGENCY CONTACT PERSON: Lt. David Mercier
Mail Written Comments to: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9595
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: if you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab:
Ch. 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 2003-P230
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2002 - 2003 open lobster fishing season, will begin December 1, 2003 and end May 28, 2004. This regulation conforms to 12 MRSA 6472.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6472 and 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Thursday, October 30, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #11-03
PROPOSED RULE NUMBER: 2003-P231
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: 2:00 p.m., Monday, October 20, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 20, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Transportation Services
ADOPTED RULE NUMBER: 2003-328
CONCISE SUMMARY: PL 2003, ch. 20 & ch. 451, directs the Department to make reductions in its budget for Transportation Services on July 1, 2003. This was accomplished by emergency rulemaking and rate reductions effective July 1, 2003. This rule is necessary to adopt the changes on a permanent basis.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 2003
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Increase in Income Limits, Maximum Allotments and Deductions
ADOPTED RULE NUMBER: 2003-329
CONCISE SUMMARY: Effective October 1, 2003, there will be the following changes in the Food Stamp Program: Increases in income limits and maximum allotments, increase in the excess shelter deduction and an increase in the standard deduction for households with five or more members. Most cases will experience an increase in benefits.
EFFECTIVE DATE: October 1, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #10-03
ADOPTED RULE NUMBER: 2003-330
CONCISE SUMMARY: Minimum October, 2003 Class I price is $17.52 plus $1.04/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $19.66. Class II minimums set at $10.96 for September, 2003, which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mme/prihis.html
EFFECTIVE DATE: October 1, 2003
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 Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Alien funding source, deeming, PRUCOLs
ADOPTED RULE NUMBER: 2003-331
CONCISE SUMMARY: Legal immigrants, to be potentially eligible for Federal Food Stamps, must be in a qualified immigration status as well as meet other eligibility criteria. Maine has a state funded Food Stamp program. This program is being expanded pursuant to 22 MRSA 3104 to include PRUCOLs (Permanently Residing in the U.S. Under Color of Law). This policy will mirror TANF and MaineCare regarding these individuals. In addition, all children under the age of eighteen and who have a qualified alien status will be eligible for federal Food Stamps regardless of when they entered the United States. This provision was part of the 2002 Farm Bill (P.L. 107-171). There will no longer be a deeming requirement from an alien's sponsor on behalf of children.
EFFECTIVE DATE: September 29, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
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 Section 80, Pharmacy Services.
ADOPTED RULE NUMBER: 2003-332
CONCISE SUMMARY: This final rule adopts requirements for prior authorization and allows for a Preferred Drug List and the use of mail order pharmacies, which were previously adopted under emergency rules. This rule also allows for the establishment of a Direct Supply Drug List. There is no co-payment for drugs purchased by mail order. Some new definitions are adopted.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (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. 104, Maine State Services Manual: Section 1, Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2003-333
CONCISE SUMMARY: This rule creates Section 1 of Ch. 104, which provides administrative guidelines and procedures for the Drugs for the Elderly (DEL) benefit (formerly HMPD) and other State funded and operated benefits administered by the Department of Human Services.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE. DATE: September 29, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: (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: Creation of Ch. 104, Maine State Services Manual: Section 2, Drugs for the Elderly Benefit (DEL). Deletion of Ch. 101, MaineCare Benefits Manual: Ch. IX, Sections 1 and 2, Healthy Maine Prescriptions (HMP) and Maine Drugs for the Elderly (DEL)
ADOPTED RULE NUMBER: 2003-334
CONCISE SUMMARY: This rule replaces Ch. 101, MaineCare Benefits Manual, Ch. IX, Sections 1 and 2, Healthy Maine Prescriptions (HMP) and the Maine Drugs for the Elderly program (DEL.) These final rules reinstate the Drugs for the Elderly (DEL) Benefit (formerly HMPD) as a State operated benefit administered by the Department of Human Services under Ch. 104, Sections 1 and 2. The proposed rules remove both sections from Section IX of the MaineCare Benefits Manual since Healthy Maine Prescriptions is no longer in operation as a result of a Federal court ruling.
Ch. 104, Section 2 details the DEL Benefit. Members will pay a mandatory co-payment of 20% of the prescription cost, plus $2 for covered drugs under the basic benefit and for generic drugs.
Under the Supplemental benefit, participants must pay 100% of the MaineCare prescription rate for brand-name drugs, as set forth in Subsection 2.06 of this Section, minus $2 per prescription. For generic prescription drugs or medications, participants must pay 20% of the reimbursement rate as defined in Section 2.09.
Under the Catastrophic benefit, members will receive drugs covered through the Basic and Supplemental benefit after reaching the annual $1,000 spending limit. Member and provider eligibility guidelines are set forth. The Department will initially pay the lowest of the following for services rendered to providers: 1) usual and customary charge; or 2) the Average Wholesale Price (AWP) - 14% plus a $2.35 professional fee; or 3) the Maine maximum allowable cost (MMAC) plus $2.35 professional fee. Members also will have to pay co-payments for the Supplemental and Catastrophic benefits. Member and provider eligibility guidelines are set forth. The rules add use of a prior authorization process and use of a preferred drug list that facilitates appropriate utilization of prescription drugs while achieving required efficiency measures.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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