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March 10, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR, SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 90, Physician Services
PROPOSED RULE NUMBER: 2004-P54
CONCISE SUMMARY: This rule would permanently adopt emergency rules currently in effect (February 3 - May 2, 2004), that required prior authorization for some additional surgeries including but not limited to bunion surgery, circumcision, and skin tag removal.
Changes would also update the rules regarding coverage of physician services; including expanding the definition of other providers who may provide services under physician's policy, and updating guidelines for preventive services and criteria, for certain implants. The Department has moved organ transplant criteria to Appendix A. The rules will also require physicians to bill all injectibles with NDC codes rather than J-codes allowing the Department to obtain a rebate for these drugs.
Ch. III is repealed and replaced. Ch. III proposed changes include removal of local billing codes, and requiring providers to use CPT and HCPCS codes that are HIPAA-compliant.
Other changes provide minor edits and updates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: March 31, 2004, 1:30 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 March 23, 2004.
DEADLINE FOR COMMENTS: April 12, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services, Policy and Provider 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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 850, Identification of Hazardous Wastes: TCLP test method update
PROPOSED RULE NUMBER: 2004-P55
CONCISE SUMMARY: This rule change applies to laboratories that perform the Toxic Characteristic Leaching Procedure (TCLP). The TCLP test method was last updated to the 1990 version. This rulemaking will update the test method to the most current version.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.
PUBLIC HEARING: No public hearing is planned.
DEADLINE FOR COMMENTS: Comments must be submitted in writing by 5:00 p.m. on April 15, 2004 to the agency contact person listed below. Comments may be submitted by mail to the address below, by fax at (207) 287-7826 or by e-mail at stacy.a.ladner@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or email is on the sender.
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection, Maine
ADDRESS: State House Station #17, Augusta, Maine 04333-0017


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Proposed Rule: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 1, Primary Care Case Management Services
PROPOSED RULE NUMBER: 2004-P56
CONCISE SUMMARY: This proposed rule discontinues duplicative payments of the monthly primary care case management fee to hospital based/owned physician practices that are reimbursed through the Medicare cost report. This rule change was implemented by emergency rulemaking effective February 20, 2004. In addition, pediatrician has been added to the definition of who can be a primary care provider (1.03-17) because it was mistakenly left off the list the last time the rule was amended.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING March 31, 2004, 9:00 a.m., Department of Human Services, 442 Civic Center Drive Conference Room 1A, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 22, 2004.
DEADLINE FOR COMMENTS: April 12, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370 or (800) 321-5557
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


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-P57
CONCISE SUMMARY: The Department will negotiate with mail pharmacies to reimburse dispensed drugs at a substantially lower reimbursement rate than available through retail pharmacies. With the availability of mail order prescription drugs, MaineCare members will have immediate enhanced access opportunity for prescription drugs when they voluntarily choose to receive their prescriptions through mail order in 90-day supplies. The Department intends to first focus on members who, because of geography, physical disability, or lack of transportation, find it particularly challenging to receive their medications.
Through increased use of mail order pharmacies, the Department anticipates saving $3.4 million State Funds in SFY '05, a financial benefit that will enable the Department to continue this expensive pharmacy benefit for MaineCare members.
THIS RULE WILL NOT HAVE A FISCAL IM[PACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: March 31, 2004, 2:30 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, March 23, 2004,
DEADLINE FOR COMMENTS: April 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 95, Podiatric Services
PROPOSED RULE NUMBER: 2004-P58
CONCISE SUMMARY: The rule proposes to permanently adopt emergency rule changes in effect from 2/3/04 to 5/2/04 which clarified the definition of routine podiatric care, covered routine podiatric care; limited frequency of routine podiatric care without prior authorization; required prior authorization for all bunion surgery; updated definitions for routine podiatric care; and added new text describing non-covered services. New proposed changes not included in the emergency rule are: repeal of Ch. III for Section 95, Podiatric Services, with billing to be in accordance with procedure outlined in Ch. II and III of Section 90, Physician services; updating of definitions for podiatric services; deletion of obsolete references for member eligibility; inclusion of new language for covered services and references for coverage of supplies and materials for non-routine purposes; and deletion of obsolete text regarding policies and procedures, copayment, and billing instructions with references to Ch. I, General Administrative Policies and Procedures. Lastly, the rule updates terminology throughout Ch. II.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173
PUBLIC HEARING: March 31, 2004 at 1:30 p.m. in conference room #3, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 19, 2004.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: April 10, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-6011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369 or at TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 31.1O(C), Horseshoe Crabs - Daily and Possession Limits
PROPOSED RULE NUMBER: 2004-P59
CONCISE SUMMARY: The proposed rulemaking would prohibit the taking or possession of horseshoe crabs during the months of May through October to prevent depletion of this species in Maine waters, which is at relatively low levels of abundance compared to horseshoe crab stocks in waters south of New England. Current rules that allow possession of horseshoe crabs lawfully imported into Maine from other jurisdictions would not change.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, March 29, 2004, 6:00 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
AGENCY CONTACT PERSON: Laurice U. Churchill

RULE TITLE 0R SUBJECT: Ch. 37, Freshwater Fish Regulations: Ch. 37.02, Minimum Length Limit for Landlocked Salmon, Brown Trout, and Rainbow Trout
PROPOSED RULE NUMBER: 2004-P60
CONCISE SUMMARY: This proposed rulemaking would establish a maximum length limit on landlocked salmon of 25 inches in Maine's coastal waters. This measure would provide increased protection to sea run Atlantic salmon because small sea run salmon could be mistaken for landlocked salmon and retained by anglers. Most landlocked salmon in Maine estuarial waters do not exceed 25 inches in-total length while the smallest sea run salmon exceed 25 inches total length. The 25-inch maximum size limit for landlocked salmon would assure that sea run salmon are not accidentally retained as landlocked salmon, which would contribute to mortality of the scarce sea run salmon stocks.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, March 29, 2004, 6:30 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
AGENCY CONTACT PERSON: Lewis N. Flagg or Laurice U. Churchill

RULE TITLE OR SUBJECT: Ch. 55.03, Special Area Closures to Finfishing
PROPOSED RULE NUMBER: 2004-P61
CONCISE SUMMARY: The proposed regulation would close the waters within 75 feet of any part of the fishway located at Damariscotta Mills in addition to the existing 150-foot closure from the dam at this location. Under current rules the mouth and portions of the fishway, at this particular location, are more than 150 feet from the dam, which is an unintended circumstance that allows persons to fish within the fishway. The 75-foot restriction would be consistent with the Department of Inland Fisheries and Wildlife special closures around fishways in fresh water.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, March 29, 2004, 7:00 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
AGENCY CONTACT PERSON: Laurice U Churchill

RULE TITLE OR SUBJECT:
Ch. 110, Marine Harvesting Demonstration License (New); and
Ch. 25.08(B)(1)&(6), Lobster Trap Tag System
PROPOSED RULE NUMBER: 2004-P62
CONCISE SUMMARY: The proposed rulemaking would create regulations for a marine harvesting demonstration license in accordance with 12 MRSA 6810-A (9), which became effective on January 1, 2004. The authorizing statute is available from: http://www.maine.gov/dmr/bmp/lawindex/6810-A.htm or for further information use contact information listed below.
The proposed regulations would limit the method of lobster harvesting pursuant to a marine harvesting demonstration license to lobster trap hauling; require tagging of up to a maximum of 20 lobster traps; require vessel and buoy marking; require vessel and zone declaration on the license application; and require liberation alive of all specimens collected immediately following a harvest demonstration with the exception that lobster be immediately liberated alive.
The proposed regulations would allow the take and possession of marine organisms with the exception of lobster (no lobster) by diver; limit the number of marine specimens captured by diver for demonstration purposes; require vessel marking; require vessel declaration on the license application; and require liberation alive of all specimens following a demonstration.
STATUTORY AUTHORITY: 12 MRSA 6810-A(9)
PUBLIC HEARING: Monday, March 29, 2004, 7:30 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
AGENCY CONTACT PERSON: Laurice U. Churchill

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Thursday, April 8, 2004
TO MAIL WRITTEN COMMENTS: attn: L. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Based Waiver Services for the Mentally Retarded, and Ch. III Section 24, Day Habilitation Services for Persons with Mental Retardation
ADOPTED RULE NUMBER: 2004-74
CONCISE SUMMARY: Reimbursement rates to providers for the above Sections of the MaineCare Benefit Manual are reduced 2% to achieve required savings in the MaineCare program. Concurrent with this emergency rule, to allow for public comment, the Department is commencing normal proposed rulemaking.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: This emergency rule is effective March 1, 2004 through May 29, 2004.
AGENCY CONTACT PERSON: Kip Neale, Health Planner
AGENCY NAME: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 14-118 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 4, Regulations for Licensing/Certifying of Substance Abuse Treatment Programs in the State of Maine
ADOPTED RULE NUMBER: 2004-75
CONCISE SUMMARY: These regulations provide the necessary information for the substance abuse programs within the State of Maine to obtain a license for residential treatment programs and a certificate for nonresidential treatment programs. It is being amended to bring the licensing rule for opioid agonist treatment programs in line with the Federal rules and current practice standards.
EFFECTIVE DATE: March 6, 2004
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333-0040
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2004-76
CONCISE SUMMARY This amendment to Ch. 10 adjusted license fees for the Board of Counseling Professionals Licensure, the Board of Licensing of Dietetic Practice, the Radiologic Technology Board of Examiners, the Board of Respiratory Care Practitioners, and the State Board of Social Worker Licensure.
EFFECTIVE DATE: March 7, 2004
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 02-280 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Accountancy
RULE TITLE OR SUBJECT:
Amendments to Ch. 3, Examination Requirements
Amendments to Ch. 4, Application for Certificate (formerly Experience Requirements)
Amendments to Ch. 5, Permits to Practice, Individual
ADOPTED RULE NUMBER: 2004-77 through 2004-79
CONCISE SUMMARY: The Board's rules require revision for the following reasons: (1) To implement the computer-based examination for Certified Public Accountants and Public Accountants. The first computer-based examination is scheduled for May 2004. (2) To implement an application process for obtaining a certificate of Certified Public Accountant or Public Accountant. There is currently no application that must be completed when applying for a certificate. (3) To clarify the "permit to practice" requirements for applicants holding permits issued by this state as well as other states. The rules change the continuing education requirement by requiring that licensees obtain 40 hours of CPE annually, due at time of renewal. The rules also change the expiration date of all CPA and PA licensees to September 30 annually.
EFFECTIVE DATE: March 8, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


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