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October 13, 1999
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: Amendments to Ch. 340, Mortality Tables for use in Determining Minimum Reserves and Nonforfeiture Benefits
PROPOSED RULE NUMBER: 99-P208
CONCISE SUMMARY: The purpose of these amendments is to recognize and approve the mortality tables, for use in determining the minimum standard of valuation for annuity and pure endowment contracts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON
MUNICIPALITIES
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 953, and 2532-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 12, 1999
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 99-P209
CONCISE SUMMARY: This rule clarifies that categorical eligibility for Food Stamps includes those families who are authorized to receive any benefits provided by funds from Temporary Assistance for Needy Families (TANF). Families who are authorized to receive TANF benefits such as Alternative Aid, Emergency Assistance, transitional child care and transitional transportation will not have to meet certain guidelines for Food Stamps including asset limits and gross and net income limits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 12, 1999
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.94(2)(d)&(e), Lobster Management Zones D and E
PROPOSED RULE NUMBER: 99-P210
CONCISE SUMMARY: The Commissioner proposes the following revised boundary line that more accurately reflects the historical fishing grounds of Zone D and supports the conservation efforts of Zone E. Pemaquid Point SSW to 43° 48' N, 69° 31.2'W, then due South Magnetic to the Exclusive Economic Zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6446
PUBLIC HEARING: Wednesday, November 3, 1999, 7p.m., Bristol Consolidated School, 2153 Bristol Road, Pemaquid
DEADLINE FOR COMMENTS: November 13, 1999
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9556


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

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III Sec. 22, Home and Community-Based Waiver Services for the Physically Disabled.
PROPOSED RULE NUMBER: 99-P211
CONCISE SUMMARY: Proposed changes to Chapter III rates of reimbursement reflect the mandate of PL 99 Ch 401 to increase Personal Care Attendant (PCA) wages for services delivered on or after 10/1199. A combination of new funds appropriated by the Legislature and savings in the administrative costs will provide an increase In the direct wages available to PCAs.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III Sec. 12, Consumer Directed Attendant Services
PROPOSED RULE NUMBER: 99-P212
CONCISE SUMMARY: Proposed changes to these rules include, but are not limited to: the Department or its Authorized Agent shall conduct the eligibility determination assessment and authorize a plan of care for each consumer. Services shall be authorized for a classification period and require timely reassessments. The definition of "family member" which was adopted on an emergency basis is incorporated into these rules. Additionally, proposed changes to Chapter III rates of reimbursement reflect the mandate of PL 99 Ch 401 to increase Personal Care Attendant (PCA) wages for services delivered on or after 10/1/99. A combination of new funds appropriated by the Legislature and savings in the administrative costs will provide an increase in the direct wages available to PCAs.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: November 3, 1999, 1:00 p.m., Kennebec Room, Augusta Civic Center, Augusta, ME
DEADLINE FOR COMMENTS: Written comments will be accepted through November 15, 1999.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/HARD OF HEARING TTY# 287-1828 or TTY# 1-800-423-4331


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 419, Agronomic Utilization of Residuals
PROPOSED RULE NUMBER: 99-P213
CONCISE SUMMARY: Chapter 419 contains the siting, design and operational standards that apply to non-hazardous solid wastes that are stored and utilized as fertilizers, soil amendments, mulches, liming agents, or for any other beneficial agronomic use. The proposed revisions are to incorporated recent changes to Federal law regarding Biosolids Utilization, change siting and operational standards relating to field stacking of nitrogenous residuals, allow for innovative treatment, increase clarity, and correct typographical errors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 1304(1)
PUBLIC HEARING: Thursday, November 4, 1999 at 2:00 p.m., Holiday Inn Civic Center, 100 Community Dr, Augusta
DEADLINE FOR COMMENTS: November 15, 1999 at 5:00 p.m.
AGENCY CONTACT PERSON: David Wright
AGENCY NAME: Department of Environmental Protection
ADDRESS: Solid Waste Division, 17 SHS, Augusta, ME 04333-0017
TELEPHONE: 207-287-7676


ADOPTIONS

AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 101, Special Education
ADOPTED RULE NUMBER: 99-412
CONCISE SUMMARY: These amendments align the Maine Special Education Regulations with recent amendments in federal law and regulations concerning special education. Additional amendments align the state regulations with recent legislative initiatives.
EFFECTIVE DATE: November 1, 1999
AGENCY CONTACT PERSON: Michael J. Opuda, Ph.D., Due Process Coordinator
AGENCY NAME: Special Services Team, Maine Department of Education
ADDRESS: Station #23, Augusta, ME 04333
TELEPHONE: (207) 287-5974


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

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 99-413
CONCISE SUMMARY: The PL 99 Ch 401 appropriated funds to increase Personal Care Attendant (PCA) wages, effective 10/1/99. New Chapter III rates of reimbursement for personal care attendant services are adopted on an Emergency basis and take effect for services delivered on or after 10/1/99. A combination of new funds appropriated by the Legislature and savings in the administrative costs will provide an increase in the direct wages available to PCAs. These rules will be proposed under regular rulemaking with a public comment period.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 22, Home and Community-Based Waiver Services for the Physically Disabled
ADOPTED RULE NUMBER: 99-414
CONCISE SUMMARY: The Legislature appropriated funds to increase Personal Care Attendant (PCA) wages effective 10/1/99. New Chapter III rates of reimbursement for personal care attendant services are adopted on an Emergency basis and take effect for services delivered on or after 10/1/99. These rules will be proposed under regular rulemaking with a public comment period.

EFFECTIVE DATE: October 1, 1999
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1-800-321-557 option 1
DEAF/HARD OF HEARING TTY# 287-1828 or TTY# 1-800-423-4331


AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers (formerly Acupuncture Licensing Board)
CHAPTER NUMBER AND TITLE:
Ch. 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors
Ch. 6, Standards Relating to Prescriptive Authorities and Collaborative Relationships
Ch. 9, Fees
ADOPTED RULE NUMBER: 99-415 through 99-417
CONCISE SUMMARY: On June 2, 1999, Resolve Chapter 51 was signed into law and became effective on September 18, 1999 authorizing final adoption of Chapters 5, 6 and 9 as directed by this Resolve. Final adoption of these Chapters have been filed in accordance with Title 5, Chapter 375, 8056(1)(B) and 8072(8). They establish requirements for naturopathic doctors with regard to prescriptive authorities and collaborative relationships as well as continuing professional education and application fees.
EFFECTIVE DATE: October 31, 1999
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8632


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Increase in the Income Limit for the Cub Care Program to 200% of Federal Poverty Level and Six (6) Months Continuous Eligibility of Children Under Age 19 Covered By Medicaid
ADOPTED RULE NUMBER: 99-418
CONCISE SUMMARY: The income limit for the Cub Care Program will increase from 185% to 200% of the Federal Poverty Level effective October 1, 1999. The monthly income limit for a family of 2 will be $1,844; for 3, $2,314; for 4, $2,784. Limits increase by $470 for each added family member. Additionally, children under age 19 covered by Medicaid will be given six (6) months of continuous coverage.
EFFECTIVE DATE: October 1, 1999.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 380, Energy Conservation Programs by Electric Transmission and Distribution Utilities
ADOPTED RULE NUMBER: 99-419
CONCISE SUMMARY Establishes the funding levels and assessment mechanism necessary to implement the recently amended provisions of 35-A M.R.S.A. 3211 related to energy conservation programs conducted by electric transmission and distribution utilities.

CHAPTER NUMBER AND TITLE: Ch. 304, Standards of Conduct for Transmission and Distribution Utilities and Affiliated Competitive Electricity Providers
ADOPTED RULE NUMBER: 99-421
CONCISE SUMMARY: To provisionally adopt a rule that governs the standards of conduct for investor-owned transmission and distribution utilities and their affiliated competitive electricity providers. This rule also requires consumer-owned utilities to notify the Commission of any wholesale or generation sales that exceed 5% of the total kilowatt-hours sold at retail by the consumer-owned utilities in any 12-month period.

CHAPTER NUMBER AND TITLE: Ch. 307, Sale of Capacity and Energy; Extensions for Divestiture of Assets
ADOPTED RULE NUMBER: 99-422
CONCISE SUMMARY This proposed rule implements
35-A M.R.S.A. 3204(4) (sale of capacity and energy of generation assets and generation-related business activities that are not divested by electric utilities) and 35-A M.R.S.A. 3204(3) (deadline for divestiture for certain assets).

EFFECTIVE DATE: November 4, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 99-423
CONCISE SUMMARY: This rule makes annual changes in maximum allotments and income limits.
EFFECTIVE DATE: October 1, 1999.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093 TTY
DEAF/HARD OF HEARING (207) 287-6948


AGENCY: 02-313 - Department of Professional and Financial Regulation, Board of Dental Examiners
CHAPTER NUMBER AND TITLE: Ch. 13, Rules for Use of General Anesthesia/Sedation by Dentists
ADOPTED RULE NUMBER: 99-425
CONCISE SUMMARY The rule clearly defines general anesthesia, deep sedation, conscious sedation, nitrous oxide analgesia, and local anesthesia. Additionally, it provides for the implementation of a conscious sedation permit supplementing the anesthesia permit already in use. It incorporates ADA guidelines and rules adopted by the Ohio Board to allow for greater access to dental care for Maine citizens while protecting the health and safety of patients. The rule outlines specific educational requirements and examining process of dentists using conscious sedation.
EFFECTIVE DATE: October 10, 1999
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


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