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November 10, 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: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 99-P239
CONCISE SUMMARY: Proposed changes to these Medicaid rules include, but are not limited to the following:
1) New procedure codes and rates of reimbursement are added to Chapter III. Chapter III is reorganized according to sections for Home Health Agency codes and Independent RN codes.
2) Eligibility requirements for the "Extended Level" of care are revised.
3) Two new qualifying eligibility criteria for services under this section have been added. An individual who requires venipuncture services on a regular basis if outpatient services are medically contraindicated, may receive these services under this section. Also, individuals who are severely mentally disabled and require medication services, may receive these services under this section.
4) A once a month nursing assessment services has been added to the "At Risk" level of care. Rates are proposed in Chapter III.
5) The scope of personal care services is expanded to include necessary grocery shopping.
6) Under See. 96.03 Duration of Care, new criteria are added which specify when services can be denied, reduced, or terminated. It also specifies that reimbursement for services under this section shall coincide with the beginning and end dates of the recipient's classification period.
7) A section on recipient appeals is added.
8) Under Section 96.07 Reimbursement, language is added which specifies that a Home Health Care provider must be licensed in order to bill the agency rates.
Additionally, whenever a Licensed Agency contracts with an independent RN to deliver services the agency must bill at the independent RN rates and pass through not less than 95% of the rate to the RN contractor.
THE RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: November 30, 1999, 1:00 p.m., Washington Room, Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted through December 10, 1999
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: Bureau of Medical Services, 11 State House Station/35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207/1624-5519 or 1-800/321-5557, Option 1
DEAF/HARD OF HEARING: TTY# 207/287-1828 or TTY# 1-800/423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 105, Speech and Hearing Agencies
PROPOSED RULE NUMBER: 99-P240
CONCISE SUMMARY: This proposed rule updates Chapters II & III, Section 105, of the Maine Medical Assistance Manual. The update adds definitions for augmentative communication services and qualified staff to include speech-language pathology assistants, and increases the reimbursement rate for services by 18% as directed by the 119th Session of the Maine Legislature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: December 1, 1999 at 1:30 p.m. in the first floor conference room, 35 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: December 13, 1999
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
DEAF/HARD OF HEARING: 207-423-4331


AGENCY: 02-385 - Department of Professional and Financial Regulation, Manufactured Housing Board
RULE TITLE OR SUBJECT:
Ch. 110, State Certification of Manufactured Housing - Subpart B: Adoption of Codes and Standards
Ch. 310, Licensing -Authority
Ch. 320, Licensing - Definitions
Ch. 330, Licensing - Administration
Ch. 340, Licensing - Licenses
Ch. 350, Licensing - Prohibited Practices
Ch. 360, Licensing - Inspections
Ch. 370, Licensing - Complaint and Investigations
Ch. 380, Licensing - Adoption of Codes and Standards
Ch. 381, Licensing - Home Installation Warranty Seals
PROPOSED RULE NUMBER: 99-P241
CONCISE SUMMARY: The proposed rules will establish "installers" as a new licensing category, define certain professional terms, require a model home display for all licensed dealers, simplify the process for filing of applications and issuance of licenses, establish a training program for all licensees, reduce the license fees by 25%, require licensees to provide evidence of general liability insurance and workers' compensation insurance where applicable, give inspection staff authority to issue orders of correction, adopt current codes and standards, comply with current HUD procedure for filing of consumer complaints, replace the "Notice of Installation" process to conform with 10 M.R.S.A. 1404-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 10 M.R.S.A. 9005(L)
PUBLIC HEARING: Wednesday, December 1, 1999 at 9:00 a.m., Department of Professional and Financial Regulation - Gardiner Annex, Central Conference Room, 122 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: December 11, 1999
AGENCY CONTACT PERSON:
NAME: Dianne E. Sawyer, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55.04, Intertidal Dragging Prohibited
PROPOSED RULE NUMBER: 99-P242
CONCISE SUMMARY: The following are the actual words on the petition: "The proposed regulation would allow worm and mussel harvesters to operate (harvest) on the same soft bottom ecosystem at a fair and level competitive rate. To allow wormers and mussellers a chance to cover similar amounts of area in the zones of competitive competition for marine resources." The petitioners requested the following rule: "it shall be unlawful to take or harvest mussels by dragging above the low water mark to the extreme inside edge of Maine's territorial; hand raking or harvesting by hand will be allowed." Under the authority of 5 M.R.S.A. 8055, a petition for rulemaking on the prohibition of dragging, particularly that of seed mussel dragging, within the intertidal zone has been requested. Marine worm harvesters have requested a rule that would prohibit dragging and allow only harvest by hand or hand raking of marine organisms within the intertidal zone. The Department is proposing a rule that accomplishes what the petition requested.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: Monday, Nov. 29, 1999, 7 p.m., Holiday Inn, 215 High St., Ellsworth
DEADLINE FOR COMMENTS: December 9, 1999
AGENCY CONTACT PERSON: Penn Estabrook
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9684


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - SSI COLA Increase - 2000
PROPOSED RULE NUMBER: 99-P243
CONCISE SUMMARY: As of 1/1/00, this rule, which shows a 2.4% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) the monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed form $1,500 to $1,536. (2) The income limit for the State Supplement for an individual living at home changes for $510 to $522 and for a couple, the change is from $766 to $784. Also as of 1/1/00, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount is $84,120. The maximum monthly income allocation to the community spouse from the nursing home applicant increases to $2,103. The QI 2 payment for 2000 will be $34.44 for 1 person, $68.88 for 2.
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: December 10, 1999.
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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 17, Community Support Services For Persons with Severe and Disabling Mental Illness
ADOPTED RULE NUMBER: 99-460
CONCISE SUMMARY: This final rule requires eligible providers of community support services for persons with severe and disabling mental illness to hold a valid contract with the Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS) in order to be reimbursed by Medicaid for the delivery of covered services as reflected under Section 17. DMHMRSAS must contract with any licensed agency willing to contract and able to meet standard DMHMRSAS contract requirements for community support services. Intensive Case Management (ICM) Services has been added as a covered service under Section 17. Living Skills Services is deleted and replaced as In-Home Support. In addition, registered nurses, nurse practitioners, physician assistants and occupational therapist registereds have been added as mental health professionals who may be reimbursed for the delivery of certain covered services as indicated under Section 17. Chapter III reflects associated rate changes. Copies of the final rule are available for public review at regional human services and county clerk's offices.
EFFECTIVE DATE: November 4, 1999
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


AGENCY: 04-063 - Department of Conservation, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 4, Bear Baiting Rules on Public Lands
ADOPTED RULE NUMBER: 99-461
CONCISE SUMMARY: The rules governing bear baiting on Public Lands were amended to: Clarify the definition of commercial and personal bear bait sites, specify that baiting is only permitted on Public Lands, require proof of licensure for any applicant and liability insurance for commercial guides, allow renewal of bait sites for up to 3 years, clarify the permit selection process, specify the penalties for Game law violations or non-compliance with Bureau rules and sets standards for bait site signage.
EFFECTIVE DATE: November 6, 1999
AGENCY CONTACT PERSON: Joseph E. Wiley III
AGENCY NAME: Bureau of Parks and Lands
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4921


AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminal Facilities, Transportation Pipelines and Vessels
ADOPTED RULE NUMBER: 99-462
SUMMARY: Chapter 600 sets forth minimum design and operating requirements for marine oil terminals, intrastate pipelines and oil transport vessels. Topics addressed include: vessel operation and navigation; facility design and construction; training and safety; and closure of tanks and facilities.
EFFECTIVE DATE: November 7, 1999
AGENCY CONTACT PERSON: Richard Kaselis, Maine Department of Environmental Protection, 17 SHS, Augusta ME 04330
TELEPHONE: (207) 287-2651


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