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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
(207) 624-7650
FAX (207) 287-6545

December 12, 2001
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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool: Cost of Administration
PROPOSED RULE NUMBER: 2001-P292
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 2002 through December 31, 2002.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING:
9:00 a.m., Wednesday, January 2, 2002, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 212, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: January 2, 2002
CLOSING COMMENTS: January 14, 2002
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 28-248 - Treasurer of State

RULE TITLE OR SUBJECT: Ch. 101, Amendment 3 - Linked Investment Program
PROPOSED RULE NUMBER: 2001-P293
CONCISE SUMMARY: The purpose of this rule amendment is to clarify that the Treasurer will not invest funds under the Program at a negative rate of return.

RULE TITLE OR SUBJECT: Ch. 102, Amendment 3; Linked Investment Program for Commercial Enterprises
PROPOSED RULE NUMBER: 2001-P294
CONCISE SUMMARY: The purpose of this rule amendment is to clarify that the Treasurer will not invest funds under the Program at a negative rate of return.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 153, 5 MRSA 135.
PUBLIC HEARING: None unless requested by five (5) or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted until January 14, 2002.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
PHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.15, Elver Fishery Research Sites
PROPOSED RULE NUMBER: 2001-P296
CONCISE SUMMARY: The proposed regulation would repeal the research site located in the tidal portion of Cobboseecontee Stream from this regulation. Elver fishers in this area would no longer be required to obtain a special permit in addition to an elver-fishing license. The rule amendment also clarifies the nature of the research at the remaining site at the West Harbor Pond outlet in West Boothbay Harbor.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, January 11, 2002
AGENCY CONTACT PERSON: Gall Wippelhauser
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6349
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 24.21(H)(1)(b) and (c), Salmonid Fish Health Inspection Regulation, Consequences/Action Plan, Exotic Diseases
PROPOSED RULE NUMBER: 2001-P297
CONCISE SUMMARY: This proposed amendment clarifies that the Commissioner would have the authority to direct remedial action at not only directly affected facilities where a confirmed case of an exotic disease of regulatory concern has occurred, but at facilities within an area that pose a risk of exposure to the disease. Such an area is one that has been determined by the Commissioner, in consultation with others defined in the regulations, to contain an unacceptable pathogen load and so increased risk of exposure to marine life.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, January 18, 2002
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Rule Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting.
PROPOSED RULE NUMBER: 2001-P297
CONCISE SUMMARY: This rule establishes procedures and guidelines for filing individual and small group health insurance rates and all health maintenance organization (HMO) rates in this state. The rule is intended to inform those filing health insurance rates of the types of data required to permit the Bureau to appropriately review the filings submitted and to provide meaningful rate information to the public. In addition, annual data reporting requirements set forth in Appendix A will enable the Bureau to monitor the continued viability of Maine's small group and individual health plan markets.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24 MRSA 2321 and Title 24-A MRSA 212, 2413, 2736, 2736-C, 2808-B, and 4207
PUBLIC HEARING: January 4, 2002 at 9:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: January 14, 2002, 5:00 p.m.
AGENCY CONTACT PERSON:
NAME: Jennifer Rice
ADDRESS: Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
PHONE NUMBER: (207) 624-8460


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

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 110, Speech-Language Pathology Services
PROPOSED RULE NUMBER: 2001-P300
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for Medicaid providers of Speech Pathology Services to 50% of their usual and customary charges as determined by the Department.
PUBLIC HEARING:
Date: January 2, 2002, 1:00 p.m.
Location: 1st Floor, Small Conference Room, Department of Human Services, 35 Anthony Ave., Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 20, 2001.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 10, Audiology Services
PROPOSED RULE NUMBER: 2001-P301
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for Medicaid providers of Audiology Services to 50% of their usual and customary charges as determined by the Department.
PUBLIC HEARING:
Date: January 2, 2002 12:00 p.m.
Location: 1st Floor, Small Conference Room, Department of Human Services, 35 Anthony Ave., Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 20, 2001.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2001-P302
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for Medicaid providers of Physical Therapy Services to 50% of their usual and customary charges as determined by the Department.
PUBLIC HEARING:
Date: January 2, 2002, 3:00 p.m.
Location: 1st Floor, Small Conference Room, Department of Human Services, 35 Anthony Ave., Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 20, 2001.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2001-P303
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for Medicaid providers of Occupational Therapy Services to 50% of their usual and customary charges as determined by the Department.
PUBLIC HEARING:
Date: January 2, 2002, 2:00 p.m.
Location: 1st Floor, Small Conference Room, Department of Human Services, 35 Anthony Ave., Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 20, 2001.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
DEADLINE FOR COMMENTS: January 16, 2002
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDREW 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5516
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

RULE TITLE OR SUBJECT: Amendments to Rule Ch. 840, Private purchasing Alliances
PROPOSED RULE NUMBER: 2001-P304
CONCISE SUMMARY: The purpose of this Rule is to supplement Ch. 18-A of Title 24-A MRSA by establishing additional standards for private purchasing alliances.
STATUTORY AUTHORITY: This Rule is adopted by the Superintendent pursuant to 24-A M.R.SA. 212, 1952-1957, and 2808-B(2)(F).
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 18, 2002

RULE TITLE OR SUBJECT: Amendments to Rule Ch. 890, Consumer Complaint Ratios
PROPOSED RULE NUMBER: 2001-P305
CONCISE SUMMARY: This Rule applies to all insurers holding certificates of authority to issue insurance policies or annuity contracts within the state of Maine, except that this rule does not apply to reinsurance, surplus lines insurance, or to complaints under the jurisdiction of the Workers' Compensation Board.
STATUTORY AUTHORITY: This Rule is adopted by the Superintendent pursuant to Title 24-A MRSA 212 and 216(2), to define the method for calculating consumer complaint ratios.
PUBLIC HEARING: January 4, 2002, Central Conference Room, Bureau of Insurance
DEADLINE FOR COMMENTS: January 14, 2002

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
PHONE: (207) 624-8460


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 268, Pine Shoot Beetle Quarantine
ADOPTED RULE NUMBER: 2001-513
CONCISE SUMMARY: This rule establishes a state quarantine on the Pine Shoot Beetle and includes the northern portion of Oxford County as the area under quarantine. The rule also specifies the regulated articles and the requirements for shipping pine and pine products from the quarantine area.
EFFECTIVE DATE: December 4, 2001
AGENCY CONTACT PERSON:
NAME: Terry L. Bourgoin, Director
ADDRESS: Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-3891


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and Ch. III, Section 13, Targeted Case Management
ADOPTED RULE NUMBER: 2001-514
CONCISE SUMMARY: These rule changes consolidate the levels of targeted case management services, provided through the Department of Behavioral and Developmental Services, for mental health and mental retardation from three to two and change billing increments. Additional changes have been made to add disease case management services for people with diabetes and asthma, clarify eligibility criteria for at-risk parenting case management and update HIV case management standards.
EFFECTIVE DATE: December 9, 2001
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy and Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515
TTY (207) 287-1828 or 1 (800) 423-4331


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 24.21(H)(1)(b) and (c), Salmonid Fish Health Inspection Regulation, Consequences/Action Plan, Exotic Diseases - EMERGENCY Regulations
ADOPTED RULE NUMBER: 2001-515
CONCISE SUMMARY: This emergency amendment clarifies that the Commissioner has the authority to direct remedial action at not only directly affected facilities where a confirmed case of an exotic disease of regulatory concern has occurred, but at facilities within an area that pose a risk of exposure to the disease. Such an area is one that has been determined by the Commissioner, in consultation with others defined in the regulations, to contain an unacceptable pathogen load and so increased risk of exposure to marine life.
EFFECTIVE DATE: Wednesday, December 5, 2001
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules for the Award of Contracts for Services
ADOPTED RULE NUMBER: 2001-516
CONCISE SUMMARY: The rule outlines the procedures to be used in the awarding of contracts for necessary clerical and administrative services.
EFFECTIVE DATE: December 5, 2001
AGENCY CONTACT PERSON: Shirley Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3600


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual; Ch. II, Section 60, Medical Supplies and Durable Medical Equipment (Ch. III Section 60 is repealed)
ADOPTED RULE NUMBER: 2001-520
CONCISE SUMMARY: These changes constitute a major revision of the rule. They include, but are not limited to, substantially reducing the need for prior authorization, allowing providers to use Medicare forms in place of Medicaid forms for prior authorization purposes, increasing the limit on allowable mark-up from $1,500 to $2,000 and establishing a monthly rate for oxygen services equivalent to the current Medicare rate. Ch. 111, Section 60 is repealed. The Department will produce annually an automated list of codes and reimbursement rates in place of the repealed Ch. III
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Policy and Programs
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515
TTY (207) 287-1828 or 1 (800) 423-4331


AGENCY: 18-125 - Department of Administrative and Financial Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2002
ADOPTED RULE NUMBER: 2001-521
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 2002.
EFFECTIVE DATE: December 10, 2001
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, P.O. Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - - (1) Breast and Cervical Cancer Coverage Group, (2) Start Date of Eighth (8) Month Coverage of Refugees, (3) Assistance Units with TANF and Non-TANF Members
ADOPTED RULE NUMBER: 2001-522
CONCISE SUMMARY: This rule:
(1) Explains how to determine Medicaid eligibility for an assistance unit made up of TANF and non-TANF members.
(2) Changes the start of the eight (8) month coverage period for refugees to the month in which they are granted asylum. The current date is the date of entry into the U.S.
(3) Starts a new coverage group: women who are found to have breast or cervical cancer as a result of screening through the Breast and Cervical Center Screening Program. The Bureau of Health operates this program.
EFFECTIVE DATE: December 16, 2001
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: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual - TANF Time Limit
ADOPTED RULE NUMBER: 2001-523
CONCISE SUMMARY: This rule clarifies the conditions under which families can receive TANF benefits beyond 60 months.

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - TCC Guidelines
ADOPTED RULE NUMBER: 2001-524
CONCISE SUMMARY: This policy adopts the maximum Transitional Child Care (TCC) income guidelines and fee assessment schedule which became effective October 1, 2001 through emergency rulemaking procedures.

EFFECTIVE DATE: December 10, 2000
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
EMERGENCY RULE NUMBER: 2001-525
CONCISE SUMMARY: Changes in the ASPIRE-TANF Program Rules are being re-proposed to remedy flaws in the legal adoption process when these rules were originally proposed in August, 2000 and adopted in November, 2000. No additional rules changes are being proposed which were not in the original August 2000 document. The content of the proposed rules corrects omissions/makes clarifications from prior rules changes, and increases the ASPIRE-TANF Program's ability to work efficiently and effectively with TANF recipients through the provision of necessary services, such as those available from community organizations on a fee-for-services basis.
EFFECTIVE DATE: December 5, 2001
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309
TTY: (207) 287-6948


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