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December 23, 1998
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. 322, Metering, Billing, Collections and Enrollment Interactions Among Transmission and Distribution Utilities and Competitive Electricity
PROPOSED RULE NUMBER: 98-P278
CONCISE SUMMARY: This notice of hearing was published on December 16, 1998, however the comment deadline was published incorrectly. Please note that the hearing will be held at: 9:00 A.M., January 7, 1999, Public Utilities Commission Hearing Room, 242 State Street, Augusta, Me.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: January 18, 1999
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, #18 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6078

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 98-P259
CONCISE SUMMARY: The public comment period for proposed changes to Sec. 67, Nursing Facility Services has been extended for 30 days. Proposed changes to Sec. 67, Nursing Facility Services include the following: 1) new language specifies that coverage for NF services shall begin and end with the recipient's classification period; 2) the term "Brain Injury" (BI) is defined and replaces the term "Traumatic Brain Injury" throughout the rules; 3) medical eligibility requirements for BI services are set forth and include the use of a Disability Rating Scale (DRS) in Appendix 3; 4) requirements for the reimbursement of BI services have been revised; 5) NF BI service providers must have Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation to receive Medicaid BI coverage; 6) requirements for administering flu and pneumonia vaccinations have been added; 7) respite services may be provided to Medicaid "waiver" clients up to 30 days annually. These respite services do not require a MED assessment for admission; 8) the "Notice of Consumer Transfer/Death" form has been revised and renamed in Appendix #2; and 9) The definition of 67.01-20 "Problem Behavior" as used for the Medical Eligibility Determination (MED) form is revised to be consistent with the definitions used in the Minimum Data Set + (MDS+). A threshold score for problem behavior of a 2 or 3 in one of the five criteria and occurs at least 4 days, shall trigger the use of the Behavior Screen in the NF eligibility determination process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: January 14, 1999, 1:00 p.m., Bureau of Elder and Adult Services, Conference room, 35 Anthony Ave., Augusta, ME 04330
DEADLINE FOR COMMENTS: Written comments will be accepted through January 25,1999.
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 15, "Chiropractic Services."
PROPOSED RULE NUMBER: 98-P282
CONCISE SUMMARY: This proposed rule removes the limitations that apply to the maximum number of visits allowed under acute and chronic conditions for chiropractic services and bases treatment on medical necessity; changes the limitations on the number of x rays allowed per calendar year to medical necessity basis; clarifies client record requirements; enables reimbursement for interpreter services; deletes the reference to catastrophic illness recipients; and makes related minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: Date: January 13 1999
TIME: 1:30 p.m.
LOCATION: 2nd Floor Conference Room, 35 Anthony Avenue, Augusta, Me.
DEADLINE FOR COMMENTS: January 25,1999
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5514
DEAF\HARD OF HEARING: 207-287-1828


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.15, Elver Fishery Research Sites
PROPOSED RULE NUMBER: 98-P283
CONCISE SUMMARY: This proposed regulation establishes West Harbor Pond outlet in West Boothbay Harbor and the tidal portion of Cobboseecontee Stream in Gardiner as research sites for studying the efficiency of the elver fishery. Elver harvesters who fish in these designated areas would be required to obtain a special permit in addition to an elver license from the Department of Marine Resources, and provide daily catch information to the Department that would be required to be mailed to the Department at the end of each week. The logbooks would be provided by the Department.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 and 6173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, January 15, 1999
AGENCY CONTACT PERSON: Gail Wipplehauser
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6349


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1: 1.01, Open Water Fishing; 1.02, Ice Fishing
PROPOSED RULE NUMBER: 98-P285
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to adopt a rule changing the daily bag and legal length limit on landlocked salmon on Chesuncook Lake in Piscataquis County. Current regulations restrict the daily bag limit to 1 salmon with a minimum length limit of 16 inches. This special regulation is being repealed; therefore General Law limits apply as follows: Daily bag limit on salmon: 2 fish; minimum length limit: 14 inches. This will apply to both the upcoming ice fishing season as well as the 1999 open water fishing season. Sampling data indicates a substantial increase in the population of wild landlocked salmon with a loss in the size quality and a large increase in sub-legal fish. As a result, few salmon can be legally harvested. Allowing anglers to harvest salmon between 14 and 16 inches will help speed the recovery of the salmon fishery. The proposed regulation reads as follows:
For the 1999 open water fishing season: Chesuncook Lake, T3R12 WELS, etc. Daily bag limit on salmon: 2 fish; minimum length limit on salmon: 14 inches.
For the 1998-1999 ice fishing season: Chesuncook Lake, T3R12 WELS, etc. Daily bag limit on salmon: 2 fish; minimum length limit on salmon: 14 inches.
STATUTORY AUTHORITY: 12 MRSA Section 7035
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 22, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-02
PROPOSED RULE NUMBER: 98-P287
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 10:00 a.m., Tuesday, January 12, 1999, Augusta Civic Center, Civic Center Drive, Washington/York Room, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 12, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 05-071 - Department of Education/State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Parts I and II, Certification of Educational Personnel: Standards and Procedures and Endorsements and Certificates
ADOPTED RULE NUMBER: 98-502
CONCISE SUMMARY: In Chapter 115, Part I, Section 1.4(LLL) the definition of 'tutor' was added. Section 14.13 establishes an optional educational technician authorization system for documentation of local professional development. Section 23.1 requires school psychological service providers maintain their other professional certificates or licenses. Section 25.2 allows the issuance of a three year certificate to school psychological service providers.
In Chapter 115, Part II, a new endorsement Teacher of Young Children with Disabilities (Birth-school age 5) is created, while amendments have been made to the industrial arts/technology education endorsement and the school psychological services provider certificate.
EFFECTIVE DATE: December 21, 1998
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education Certification Office
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: 207-287-5944
TDD NUMBER: 207-287-2550


AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order No. 99-01
ADOPTED RULE NUMBER: 98-504
CONCISE SUMMARY: Minimum January, 1999 producer Class I set at $20.08 and no Northeast Interstate Dairy Compact over order price. January, 1999 Class II goes to $17.14 and Class III minimums set at $16.90. These changes were passed on in minimum prices.
EFFECTIVE DATE: January 1, 1999
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: Ch. 101, Maine Medical Assistance Manual (MMAM), Ch. II, Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 98-505
CONCISE SUMMARY: This rule establishes a two-tier dispensing fee system. This method of reimbursement sets the payment of the dispensing fee for the submission of an electronic claim at $0.25 less than the dispensing fee paid for the submission of a more expensive paper claim.
EFFECTIVE DATE: December 21, 1998
AGENCY CONTACT PERSON: Maurice Gagnon, Medical Care Administrator
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Medical Services, Policy Development, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (FOR DEAF AND HARD OF HEARING): (207) 287-1828, 1-800-423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 126, Rules and Regulations Governing In-Home Personal Care and Support Workers
ADOPTED RULE NUMBER: 98-508
CONCISE SUMMARY: This rule will require that all In-Home Personal Care Agencies, meeting this definition, must register with the Department of Human Services, Division of Licensing and Certification. The purpose of this registration is to identify these agencies, and to ascertain if any certified nursing assistant employed by the agency has been the subject of an annotation by the State Survey Agency for a substantiated complaint or conviction, or of abuse, neglect, or misappropriation of funds in a health care setting. This rule requiring registration, verification of certified nursing assistant annotation, prohibited contracting and employment, and penalties will help insure the public health, safety and welfare of patients living in their home.
EFFECTIVE DATE: January 1, 1999
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
FAX: (207) 624-5378/
TTY (DEAF/HARD OF HEARING): (207) 624-5512


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 98-506
CONCISE SUMMARY To modify our current standard offer rules in accordance with the amendments to the standard offer section of the Restructuring Act made by the Legislature during the 1998 session.

CHAPTER NUMBER AND TITLE: Ch. 312, Voluntary Renewable Research and Development Fund
ADOPTED RULE NUMBER: 98-507
CONCISE SUMMARY: To establish a program under which retail consumers of electricity may voluntarily contribute to fund renewable resource research and development.

CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
ADOPTED RULE NUMBER: 98-509
CONCISE SUMMARY: To establish requirements and standards for customer net energy billing a the introduction of retail access.
EFFECTIVE DATE: December 20, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


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