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November 19, 1997
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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 360 (repealing Ch. 36): Cogeneration and Small Power Production
PROPOSED RULE NUMBER: 97-P241
CONCISE SUMMARY : To accept rules governing purchases from qualifying facilities to competitive market structures emerging in the electric utility industry.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: P.L. 1997, Chapter 316, 5, 6, 7, 8, 9
PUBLIC HEARING December 12, 1997, at 1:30 p.m., Public Utilities Commission Hearing Room, 242 State Street, Augusta, Maine 04333-0018
DEADLINE FOR COMMENTS: December 22, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Chapter 231: Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 97-P243
CONCISE SUMMARY: The Rule establishes in part a Maximum Contaminant Level (MCL) for Methyl Tertiary-Butyl Ether (MTBE) at .07 milligrams per liter for public water systems and a process to obtain approval for the installation of treatment technologies for the removal of MTBE in public drinking water. The MTBE MCL is applicable to community and non-transient non-community water systems. The Rule also establishes monitoring, analytical, reporting, record maintenance, and public notification requirements. The public notification requirements include mandatory health effect language to be included in any public notification for exceeding the MCL for MTBE.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 2611 & Resolve 58
PUBLIC HEARING:
Friday, December 12, 1997, at 9:00 a.m. in Room 113 of the State Office Building in Augusta, Maine.
DEADLINE FOR COMMENTS: December 31, 1997
AGENCY CONTACT PERSON: Jane Lawrence
ADDRESS: Division of Health Engineering, State House Station #10, Augusta, ME 04333-0010
PHONE NUMBER: 287-6471 or TTY 287-2070


ADOPTIONS

AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE: Chapter 400: Fraud, Investigation and Recovery Manual
ADOPTED RULE NUMBER: 97-382
CONCISE SUMMARY: The Department proposes to amend the Fraud, Investigation and Recovery Manual (the "Manual"). The Manual will be amended to include the collection of overpayments of unintentional and agency error overpayments in accordance with law. The manual will also be amended to the include the name of the successor program to Aid to Families with Dependent Children (AFDC), which is now known as Temporary Assistance for Needy Families (TANF)
EFFECTIVE DATE: November 11, 1997
AGENCY CONTACT PERSON: Stephen L. Hussey, Director
AGENCY NAME: Division of Support Enforcement & Recovery
ADDRESS: State House Station 11, Whitten Road Augusta, ME 04333-0011
TELEPHONE 287-2886

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 101, Maine Medical Assistance Manual -- Ch. III Sec. 67, Principles of Reimbursement for Nursing Facilities, Maine
ADOPTED RULE NUMBER: 97-383
CONCISE SUMMARY: The final rule revises the method for setting rates paid to nursing homes for services provided on or after 7/l/97, unless otherwise noted in the policy. Revisions include the following: language has been added related to the electronic submission of MDS assessments; the definitions of the MDS assessment review error rate and unverified MDS record have been changed; the error rate percentages that result in sanctions that are applied to the allowable case mix adjusted direct care cost component have been changed; language related to Loss Prevention and Safety Services, Administrator in Training salary approvals, and the occupancy adjustments in the fixed cost component for facilities with 60 or fewer beds has been added; and a new section, Certificate of Need Extraordinary Circumstance Allowance, has been added to the Principles.
EFFECTIVE DATE : November 15, 1997
AGENCY CONTACT PERSON: Debra Couture, Health Care Financial Analyst
AGENCY NAME: Division of Reimbursement and Financial Services
ADDRESS: Bureau of Medical Services, 249 Western Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY (207) 287-3799


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