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February 11, 2004
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: 12-179 - Department of Labor, Bureau of Labor Standards Board of Occupational Safety and Health

RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
PROPOSED RULE NUMBER: 2004-P26
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of August 1, 2003.

RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 2004-P27
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing Occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of January 1, 2003.

THESE RULES WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA Ch. 6, Section 565
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 12, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2004-P28
CONCISE SUMMARY: These proposed rules will permanently adopt two separate emergency rulemakings for Pharmacy Services. The first emergency rulemaking, effective January 1, 2004, allows pharmacy providers to dispense and be reimbursed for certain asthma supplies that were not available from Durable Medical Equipment providers in all areas of the State. The second emergency rulemaking, effective February 3, 2004, reduces reimbursement for pharmacy providers from AWP - 13% to AWP - 15% for brand name drugs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: March 1, 2004, 1:00 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before February 23, 2004.
DEADLINE FOR COMMENTS: March 11, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2004-P29
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has proposed (1) 47 additional designations of areas as Essential Habitat for bald eagle nest sites; (2) 25 deletions of previously designated Essential Habitats for bald eagles; and (3) 2 relocations of previously designated Essential Habitats for bald eagles.
One or more new bald eagle nest sites are being designated in the towns of Addison, Attean Twp., Beals, Beaver Cove, Benton, Blue Hill, Bremen, Brooklin, Brooksville, Castine, Chester, China, Codyville Plantation, Cutler, Deer Isle, Dyer Twp., Edmunds Twp., Ellsworth, Enfield, Etna, Fairfield, Franklin, Gray, Great Pond, Harrington, Haynesville, Hermon, Isle au Haut, Lambert Lake Twp., Leeds, Lincoln, Lubec, Machiasport, Medway, Monmouth, Orland, Pembroke, Penobscot, Plymouth, Rangeley, Surry, Swans Island, T2 R13 WELS, T3 Indian Purchase, T2 R13 WELS, T3 R12 WELS, T6 RI NBPP, T6 R11 WELS, T11 R11 WELS, T13 R8 WELS, T17 R4 WELS, T34 MD, Tremont, Trescott Twp., Waldoboro, and Winthrop.
One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Adamstown Twp., Addison, Belgrade, Benton, Bremen, Brooksville, Castine, Freeport, Gouldsboro, Harrington, Indian Twp., Mattawamkeag, Milbridge, North Haven, Osborn, Pembroke, Princeton, Sedgwick, Sorrento, Square Lake Twp., T5 R1 NBPP, T15 R5 WELS, T39 MD, Tremont, Winslow, and Woodville.
Previously designated Essential Habitats for bald eagles are being remapped in the towns of Edinburg, Medway, and Passadumkeag.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within these areas that require state or local permits, or are funded by or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7753, 7754.
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 12, 2004
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041, or by e-mail to andrea.erskine@maine.gov or by FAX to (207) 287-6395.


AGENCY: 16-219 - Office of the State Fire Marshal
RULE TITLE OR SUBJECT: Rules of the State Fire Marshal
PROPOSED RULE NUMBER: 2004-P31 through 2004-P40
CONCISE SUMMARY: The following changes are proposed:
Ch. 18, Lightning Protection Code, Repeal without replacement. The rule incorporated NFPA #780, Standard for the Installation of Lightning Protection Systems
Ch. 33, Standard for the Storage of Rubber Tires. Repeal without replacement. The rule incorporated NFPA # 231D, Storage of Rubber Tires, 1998 edition. NFPA 230 and 13, incorporated during previous rulemaking sessions under Rules of the Fire Marshal Office Ch. 4 and 32, provide comprehensive coverage of non-sprinkler and sprinkler related storage fire issues.
Ch. 34, Rules and Regulations for Flammable and Combustible Liquids. Repeal and replace the State of Maine document for Flammable and Combustible Liquids and incorporate by reference NFPA # 30, Flammable and Combustible Liquids Code, 2003 edition; NFPA # 30B, Code for the Manufacture and Storage of Aerosol Products, 2002 edition; and NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 edition
Incorporated Reference Updates:
Ch. 3, Fire Prevention Code - NFPA # 1, Uniform Fire Code, 2003 edition (previously titled NFPA Fire Prevention Code)
Ch. 4, Sprinkler Systems - NFPA # 20, Installation of Stationary Pumps for Fire Protection, 2003 edition
Ch. 8, Spray Applications - NFPA # 33, Standard for Spray Application Using Flammable or Combustible Materials, 2003 edition
Ch. 9, Dip Tanks - NFPA # 34, Standard for Dipping and Coating Processes Using Flammable Liquids, 2003 edition
Ch. 13, Welding and Cutting - NFPA # 51B, Standard for Fire Prevention During Welding, Cutting, and other Hot Work, 2003 edition
Ch. 20, Code for Safety to Life from Fire in Buildings and Structures - NFPA 101, Life Safety Code, 2003 edition; NFPA # 80, Standard for Fire Doors and Windows, 1999 edition
Ch. 23, Purged and Pressurized Enclosures for Electrical Equipment - NFPA # 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2003 edition
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2452
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 19, 2004
AGENCY CONTACT PERSON: Richard E. Taylor
AGENCY NAME: Office of the Fire Marshal
ADDRESS: 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 624-8958


ADOPTIONS

AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE: Ch. 5, Installation Standards
ADOPTED RULE NUMBER: 2004-42
CONCISE SUMMARY: The proposed rules adopt the most recent editions of the National Fire Protection Association guidelines and ASME CSD-1 for the installation and servicing of any propane and natural gas equipment in the State of Maine. The Board is proposing to adopt an exception to NFPA #58, Section 2.2.1.5, by providing for a "phase in" period for the recertification of Department of Transportation cylinders 100 lb. capacity and larger filled at a customer's location.
EFFECTIVE DATE: February 4, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 19-100 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zone Program
ADOPTED RULE NUMBER: 2004-43
CONCISE SUMMARY: The Pine Tree Development Zones Program was established by the Legislature in PL 2003 Ch. 439, Part NNN. The Department of Economic and Community Development oversees the program that creates eight Pine Tree Development Zones, each containing no more than 5000 acres and 20 noncontiguous parcels, This rule defines what regions are eligible to apply and the application process. It also defines what a business must do to qualify for the benefits provided by a zone.
EFFECTIVE DATE: February 4, 2004
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Maine Rural Development Authority
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9801


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2004-44
CONCISE SUMMARY: This rule is being enacted to comply with State Financial Order 000527 F4, which directs state agencies to make budget adjustments on January 1, 2004. In order to address the immediate fiscal emergency, the Department needs to reduce payments as quickly as possible. Any further delay would result in the need for more drastic reductions and pose the possibility of a loss of providers and access to services. This emergency rule is in effect from February 3, 2004 through May 2, 2004.
This emergency rule takes away the reliance on Medicare established rates for oxygen. This change enables the Department to reduce the rates for codes E0424, E0439 and E1390 from $230.17 per month to $195.00 and codes E0431 and E0434 from $36.19 to $31.00.
The Department will amend the Bureau website to reflect these changes. These changes may be viewed at http://www.maine.gov/bms/policy/dme_codes/dme_supply_codes.html (spaces are underscores).
The Department will go through proposed rulemaking under Maine's A.P.A. process at which time comments may be submitted.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner II
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, (800) 321-5557 option 9
TTY (207) 287-3094 or (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2004-45
CONCISE SUMMARY: Pursuant to 5 MRSA 8054 the Department of Human
Services ("the Department") has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. The threat to the public health, safety or general welfare has become clear from recent financial information gathered by the Department and by the analysis of that information conducted by the Department of Administrative and Financial Services ("DAFS"). That financial information and analysis reveals that, absent immediate corrective action, the funding available to the Department would soon be inadequate to meet various expenditures of the Department, threatening both members and providers in the MaineCare program.
MaineCare will cut reimbursement from AWP - 13% to AWP - 15% for brand name drugs. The reimbursement for generic drugs will remain the same.
See www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004 - May 2, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule - Ch. 101, MaineCare Benefits Manual, Ch. II Section 90, Physician Services
ADOPTED RULE NUMBER: 2004-46
CONCISE SUMMARY: Pursuant to 5 MRSA 8054 the Department of Human Services ("the Department") has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. The threat to the public health, safety or general welfare has become clear from recent financial information gathered by the Department and by the analysis of that information conducted by the Department of Administrative and Financial Services ("DAFS"). That financial information and analysis reveals that, absent immediate corrective action, the funding available to the Department would soon be inadequate to meet various expenditures of the Department, threatening both beneficiaries and providers in the MaineCare program.
Only Section 90.05-1 is affected by this emergency rulemaking. The MaineCare program will now require prior authorization for some surgeries currently not prior authorized by the MaineCare program to document medical necessity. Surgeries and procedures that will now require prior authorization include, but are not limited, to bunion surgery, circumcision, and skin tag removal.
The Department is concurrently doing regular rulemaking to allow for public comment. See www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004 - May 2, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatric Services
ADOPTED RULE NUMBER: 2004-47
CONCISE SUMMARY: The emergency rule: establishes limitations on the duration of routine podiatric care; clarifies the definition of routine podiatric care and what is a covered routine podiatric care service; requires prior authorization for podiatric services that do not meet the listed criteria for routine podiatric care; and requires prior authorization for all bunion surgery.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004 through May 2, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy
AGENCY NAME: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 102, Rehabilitative Services.
ADOPTED RULE NUMBER: 2004-48
CONCISE SUMMARY: Procedure code Z9513 is reduced from a 6-hour unit of service to a 5-hour unit of service. The amount of reimbursement for a 5-hour unit of service is changed to $349.20 to reflect the reduction in reimbursable time.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rules - Ch. 104, Drugs for the Elderly Benefit (DEL).
ADOPTED RULE NUMBER: 2004-49
CONCISE SUMMARY: This emergency rule amends Ch. 104 Section 2, Maine Drugs for the Elderly and Disabled benefit. This rule is necessary to reduce the Department's costs in order to continue administration of pharmacy benefits that are critical to the health and well-being of certain eligible elderly and disabled residents of the State of Maine. These persons are not otherwise eligible for comparable benefits under any other program.
There is a reduction in one of the reimbursement standards for pharmacy providers dispensing prescriptions. The Department will reimburse drugs at the lowest of 1) the usual and customary charge; or 2) AWP minus 15% (plus a $2.35 professional fee), or 3) the Maine maximum allowable cost (plus a $2.35 professional fee). Previous to the adoption of this emergency rule, the second of the three preceding options was "AWT minus 14%, plus a $2.35 professional fee."
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 3, 2004 - May 2, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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