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October 1, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers


PROPOSALS

AGENCY: 94-178 - Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT: Adaptive Equipment Loan Program Fund Board Rule, 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 10:00 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 hearing(s).
AGENCY CONTACT PERSON (for questions, comments or a copy of the proposed rule): Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine (FAME), PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE:
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 8, Endangered Species
PROPOSED RULE NUMBER: 97-P198
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled 3 public hearings to consider (1) additions to areas protected as bald eagle nest sites; (2) amendment to protection guidelines for bald eagle nest sites; (3) deletions of previously designated essential habitats for bald eagles; (4) designation of areas protected as piping plover and least tern nesting, feeding and brood-rearing areas, in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Chapter 8.
New bald eagle nest sites are being designated in the towns of Addison, Alna, Argyle Twp., Baileyville, Bar Harbor, Baring, Beaver Cove, Belgrade, Benton, Brewer, Brunswick, Chester, Cranberry Isles, Cutler, Deer Isle, Devereaux Twp., Edmunds Tvvp., Franklin, Freeport, Frenchboro, Greenbush, Hancock, Harpswell, Harrington, Indian Twp., Isleboro, Jonesport, Lakeville, Lamoine, Lincoln, Lubec, Marion Twp., Mattainiscontis Twp., Mattawamkeag, Medway, Milbridge, Millinocket, Newcastle, Perkins Twp., Perry, Portage Lake, Princeton, Richardsontown Twp., Sidney, Sorrento, Swanville, Sullivan, T1R6 WELS, T10R11 WELS, T10R12 WELS, T10R13 WELS, T11R12 WELS, T11R13 WELS, T16R5 WELS, T17R4 WELS, T2R8 NWP, T26ED BPP, T27 ED BPP, T3R12 WELS, T4 IP, T5R1 NBPP, T6R1 NBPP, T7R15 WELS, T9R11 WELS, T9R12 WELS, TAR7 WELS, Tremont, Trescott Twp., Unity, Vassalboro, Veazie, Vinalhaven, Warren, Winslow, Wiscasset, Woodville, Yarmouth.
Previously designated essential habitats for bald eagles are being deleted in the towns of Addison, Bath, Beals, Beddington, Bremen, Castine, Codyville Plt., Cutler, Eastport, Enfield, Frankfort, Franklin, Frenchboro, Gouldsboro, Hancock, Harrington, Howland, Isle au Haut, Leeds, Lincoln, Lubec, Machias, Machiasport, Mattamiscontis Twp., Mount Desert, Pembroke, Perkins Twp., Robbinston, Swans Island, T2R10 WELS, T3 IP, T4R3 WELS, T6R1 NBPP, T7R15 WELS, T7R14 WELS, T9R12 WELS, T9R11 WELS, Vinalhaven, Winter Harbor, Woolwich.
Piping plover and least tern nesting, feeding and brood-rearing areas are being designated in the towns of Biddeford, Old Orchard Beach, Scarborough, and Wells.
Chapter 8.05, paragraph A (3) Bald Eagle Nest Site (Designation Criteria) is being amended to update the designation/deletion criteria.
Designation of mapped sites by rule would restrict within these areas any projects that require state or local permits, or are funded or carried out by state or local governments, unless it is determined that the project will not significantly alter or unreasonably harm the essential habitats Maps of the proposed bald eagle nesting and piping plover and least tern nesting, feeding and brood-rearing areas may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A 7035, 7753, 7754.
PUBLIC HEARINGS: October 21, 1997, Wells High School Auditorium, Sanford Rd. (Rt. 109), Wells, ME; 7:00 p.m.; October 22, 1997, Augusta Civic Center, Lincoln/Oxford Room, Augusta, ME, 7:00 p.m.; October 23, Univ. of Maine at Machias, Science Bldg. Room 102, Machias, 7:00 p.m.
DEADLINE FOR COMMENTS: November 3,1997
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.


AGENCY: 29-250 - Secretary of State Bureau of Motor Vehicles

RULE TITLE OR SUBJECT: Chapter 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
PROPOSED RULE NUMBER: 97-P199
CONCISE SUMMARY: The purpose of this rule is to establish procedures for the implementation of a Semipermanent trailer registration program.

RULE TITLE OR SUBJECT: Chapter 161 - Rules Governing the Administration of Long Term Semitrailer Registrations
PROPOSED RULE NUMBER: 97-P200
CONCISE SUMMARY: This rule will be repealed as the pertinent contents of this rule will be absorbed in Chapter 159.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA 29-A Section 512
PUBLIC HEARING: The Bureau's Executive Conference Room at 101 Hospital St., Augusta, ME on October 22,1997 at 10:00 A.M.
DEADLINE FOR COMMENTS: November 3,1997
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Chapter 36, Herring Management Plan
PROPOSED RULE NUMBER: 97-P201
CONCISE SUMMARY: The Department of Marine Resources is proposing this regulation limiting vessel length and horsepower in order to prevent large factory trawlers from entering the fishery in a manner that could destabilize the herring fishery. This action is based on the Atlantic States Marine Fisheries Commission (ASFMC) concerns about appropriate levels of sustainable harvest, particularly in the Gulf of Maine, and is designed to ensure the optimum economic and biological management of this fishery.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6171-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 31,1997
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


AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Chapter 304, Criteria for the Functional Classification of Highways
PROPOSED RULE NUMBER: 97-P202
CONCISE SUMMARY: Amendments to the existing rule on the criteria between collector highways and local highways.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 M.R.S.A. 53
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 6, 1997
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Department of Transportation, Bureau of Planning
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 257-2152


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-P203
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) 287-5088
TTY: (207) 287-6948


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Chapter 330, Minimum Standards for Mental Illness Benefits - Revised
PROPOSED RULE NUMBER: 97-P204
CONCISE SUMMARY: Federal law requires policies issued or renewed after January 1, 1998, to groups larger than 50 to provide the same dollar maximums for mental health as for physical conditions. These amendments to Chapter 330 bring it into conformity with the federal requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY-. 24 M.R.S.A. 2325-A, 24-A M.R.S.A. 2843, 24-A M.R.S.A. 4234-A, and 24-A M.R.S.A. 212.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS. November 3, 1997 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER-. (207) 624-8423


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Chapter #3, Schedule of Minimum Prices
ADOPTED RULE NUMBER: 97-327
CONCISE SUMMARY: Minimum October, 1997 producer Class I set at $15.56 and a Northeast Interstate Dairy Compact over order price of $1.63. October, 1997 Class II goes to $12.37 and Class III minimums set at $12.17. A $.25 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: October 1, 1997
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, 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: Chapter 120, Regulations Governing the Licensing and Functioning of Hospice Programs - Chapter 5, Services, Section 5.G.10 and 5.G.11.
ADOPTED RULE NUMBER: 97-330
CONCISE SUMMARY: The final regulations, Chapter 120 - Chapter 5, Services, Section 5.G. 1 0. provides clarification of the minimum training requirement of eighteen (18) hours. Section 5.G.11. specifies that all hospice direct service providers, including per diem and contract service personnel must have four (4) hours of hospice orientation.
EFFECTIVE DATE: September 29, 1997
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


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

CHAPTER NUMBER AND TITLE: Chapter 150, Hospital Finance rules.
ADOPTED RULE NUMBER: 97-331
CONCISE SUMMARY: The final rule revises Section 1. Hospital Free Care, of the Department's Hospital Finance Rules. The revision of the rule updates the Department's guidelines to the current Federal Poverty Guidelines and provides for a consumer appeals process as required by law.

CHAPTER NUMBER AND TITLE: Chapter 150, Hospital Finance rules.
ADOPTED RULE NUMBER: 97-332
CONCISE SUMMARY: The final rule revises Department's Hospital Finance Rules Chapter 150, Section 15, Apportionment of Gross Patient Service Revenue Limit (GPSRL), and Section 20, Distribution of Rural and Financially Distressed Hospital Fund. The revision of the rule replaces existing policy, which enables the Department to establish GPSRL for hospitals during state fiscal years 1996, 1997, and 1998, also establishes the apportionment of the rural and financially distressed hospital fund during state fiscal year 1997.
EFFECTIVE DATE: September 29, 1997
AGENCY CONTACT PERSON: Maurice Gagnon, Comprehensive Health Planner
AGENCY NAME: Policy Development
ADDRESS: Bureau of Medical Services, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY: (207) 287-3799


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