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June 23, 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: 04-061 - Maine Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards: Clearing Standards and Property Line Setback Waiver
PROPOSED RULE NUMBER: 2004-P148
CONCISE SUMMARY: Public Law Ch. 637 of the 121st Legislature amended the vegetative clearing standards of the Natural Resources Protection Act and directed the Land Use Regulation Commission to make comparable changes to its vegetative clearing standards. These proposals change the manner in which points are assigned to trees within the required vegetative buffer and insure that an adequate number of small trees are retained so that the buffer is retained indefinitely. These proposed changes to Section 10.27, B of the Commission's rules incorporate these changes to the Natural Resources Protection Act. The Commission is also proposing to provide for an exemption to the property line setback where written approval is obtained from the adjoining property owner. A copy of the proposed changes may be obtained by calling the phone number below or may be viewed at www.maine.gov/doc/lurc/events/events.htm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-C(l) and PL Ch. 637, 121st Legislature
PUBLIC HEARING: No hearing will be held.
DEADLINE FOR COMMENTS: Friday, July 23, 2004
AGENCY CONTACT PERSON: Fred Todd or Sarah Canon
AGENCY NAME: Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
EMAIL: fred.todd@maine.gov or sarah.canon@maine.gov
TELEPHONE: (207) 287-2631


AGENCY: 02-392 - Board of Pharmacy
RULE TITLE OR SUBJECT: Recodification of the Maine Pharmacy Rules, consisting of the following chapters:
Part 1 - General Information
Ch. 1, Definitions
Ch. 2, Advisory Rulings
Ch. 3, Applicability of Rules to Unlicensed Facilities
Part 2 - Licenses and Registrations
Ch. 4, Licensure of Pharmacists
Ch. 5, Continuing Pharmacy Education
Ch. 6, Pharmacy Student Internship Program
Ch. 7, Registration and Employment of Pharmacy Technicians
Ch. 8, Registration of Retail Drug Outlets
Ch. 9, Registration of Rural Health Centers
Ch. 10, Registration of Free Pharmacy Clinics
Ch. 11, Registration of Mail Order Prescription Pharmacies and Licensure of Mail Order Contact Lens Suppliers
Ch. 12, Registration of Manufacturers and Wholesale Drug Outlets
Part 3 - Operation of Drug Outlets
Ch. 13, Operation of Retail Drug Outlets
Ch. 14, Pharmacy Services at Rural Health Centers
Ch. 15, Operation of Free Pharmacy Clinics
Ch. 16, Operation of Wholesale Drug Outlets and Manufacturers
Ch. 17, Operation of Nuclear Drug Outlets
Ch. 18, Sterile Pharmaceuticals
Part 4 - Dispensing Prescription Drugs
Ch. 19, Receipt and Handling of Prescription Drug Orders
Ch. 20, Automated Pharmacy Systems
Ch. 21, Central Prescription Processing
Ch. 22, Sale of Schedule V Controlled Substances
Ch. 23, Accounting for Prescription Drugs
Ch. 24, Retention of Records by Drug Outlets
Ch. 25, Patient Counseling
Ch. 26, Generic Substitution
Ch. 27, Possession and Administration of Noncontrolled Prescription Drugs by Nurses
Part 5 - License Denial and Professional Discipline
Ch. 28, Enforcement and Disciplinary Procedures
Ch. 29, Violations of Federal Law or Rule
Ch. 30, Unprofessional Conduct
Ch 31, Practice of Fraud or Deceit
Ch. 32, Issuance of Citation
PROPOSED RULE NUMBER: 2004-P149 thru P180
CONCISE SUMMARY: The Board of Pharmacy proposes to repeal its existing rules in their entirety and replace them with the new chapters listed above. Significant changes include: (a) requiring that at least 5 of the 15 credits of continuing professional education required for renewal of a pharmacist license be earned in face-to-face activities or interactive distance learning activities; (b) reducing the number of student internship hours that must be completed in the United States; (c) requiring that the student internship ordinarily be completed within 60 days after graduation from pharmacy school; (d) a reporting requirement regarding completion of the student internship that will enable Maine to verify completion to other states; (e) requiring that student interns and pharmacy graduates register as pharmacy technicians; (f) restructuring the pharmacy technician credential to an annual registration that does not automatically expire upon change of employer; (f) creating the registration category, "pharmacy technician - advanced" with authorization for performance of additional duties; (g) increasing the maximum permissible 3: 1 technician/pharmacist ratio to 4: 1 if one or more of the technicians is a pharmacy technician - advanced; (h) increased responsibilities of the pharmacist in charge regarding the supervision and registration status of technicians, including notice to the board of the commencement or cessation of employment of all pharmacy technicians; (i) clarifying registration requirements for all categories of drug outlet; j) requiring that mail order prescription pharmacies and mail order contact lens suppliers include information on how to file a complaint with each prescription filled; (k) requiring retail drug outlets to post the days and hours that the pharmacy is scheduled to be open; (1) clarifying situations and circumstances in which a pharmacist can serve as pharmacist-in-charge for more than 1 retail drug outlet; (m) enhanced requirements relating to security of the prescription filling area, including a barrier, alarm and video camera(s) for all retail drug outlets, and tighter control on access to the prescription filling area in the absence of a pharmacist; (n) a 3-year transition period for retail drug outlets that were exempt from the security requirements in the board's current rules to bring themselves into compliance with the security requirements in these proposed rules; (o) requiring the maintenance of delivery logs in connection with deliveries by retail drug outlets to rural health centers, free pharmacy clinics, institutions and medical clinics; (p) clarifying that a retail drug outlet may begin to display an identifying sign upon issuance of the drug outlet's certificate of registration; (q) requiring retail drug outlets, upon closing, to dispose of chemicals and hazardous materials in accordance with rules of the Department of Environmental Protection; (r) requiring rural health centers and free pharmacy clinics to keep drugs in a locked storage area during non-business hours and to be protected by an alarm system; (s) reliance upon the Maine Radiation Control Program for regulation of nuclear pharmacies; (t) prohibiting a pharmacist from filling a prescription for a controlled substance presented more than 90 days after the prescription date; (u) delineating specific requirements for prescriptions presented via telephone, fax and internet; (v) requiring retail drug outlets to disclose to participating purchasers savings attributable to the Maine Rx Plus Program; (w) requiring identifiers in dispensing records of the individual pharmacists who performed the drug utilization review and the final check; (x) limiting a pharmacist's reasons for refusing to fill a prescription to those permitted by 32 MRSA 13795(2); (y) refined authorization for automated pharmacy systems and central prescription processing; (z) requiring the reporting of unresolved inventory discrepancies of prescription drugs; (aa) restricting the substitution of generic drugs to "A"-coded drug products, except as authorized by the MaineCare program; (bb) a compendium of the federal laws and rules which may be enforced by the board; (cc) refined formulation of unprofessional conduct violations that may lead to disciplinary action; (dd) conformance of the board's citation table to the provisions of the recodified rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 5 MRSA 8051, 9001; 10 MRSA 8003-E; 22 MRSA 2681; 32 MRSA 13720, 13721, 13722, 13723, 13732, 13733, 13734, 13735, 13741, 13742, 13751, 13752, 13752-A, 13753, 13758, 13762, 13763, 13764, 13781, 13784, 13785, 13786-A, 13794, 13795, 13810
PUBLIC HEARING: July 13, 2004, 12:30 p.m., Department of Professional and Financial Regulation 122 Northern Avenue Gardiner, ME
DEADLINE FOR COMMENTS: July 23, 2004
AGENCY CONTACT PERSON: Geraldine L. Betts
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624 8625


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(l), Sea Urchin Harvesting Season
2003-2004 2004-2005 - Zone 1
PROPOSED RULE NUMBER: 2004-P181
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2004-2005. Because of continuing stock declines, the Department proposes a severe reduction in the length of the season, from 94 days for divers, trappers, and rakers and 84 days for draggers in 2003-2004, to 10 days for each in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular 10 days.
RULE TITLE OR SUBJECT: Ch. 26.07(2)(A)&(B), Sea Urchin Harvesting Season
2003-2004 2004-2005 - Zone 2
PROPOSED RULE NUMBER: 2004-P182
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2004-2005. Due to continuing stock declines, the Department proposes a severe reduction in the length of the season, from 94 days for divers, draggers, trappers, and rakers in 2003-2004, to 45 days in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular 45 days.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A and 6749
PUBLIC HEARINGS:
Tuesday, July 13, 2004, 6:00 p.m., Science Lecture Room, University of Maine, 9 O'Brien Avenue, Machias (The Zone 2 season proposed rules will be followed by proposed season rules for Zone 1.)
Wed., July 14, 2004, 6:00 p.m., Ellsworth City Hall Auditorium, 1 City Hall Plaza, Ellsworth (The Zone 2 season proposed rules will be followed by proposed season rules for Zone 1.)
Thursday, July 15, 2004, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse), Wiscasset. (The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2.)
DEADLINE FOR COMMENTS: Monday, July 26, 2004
AGENCY CONTACT PERSON: Margaret Hunter
Mail written comments to: 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) 633-9500
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 Kim Pierce, at (207) 624-6567.


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2004-P183
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt rules for commercial whitewater rafting as follows: (1) establish the order of launch for 2004; (2) establish the allocated Sundays (in addition to the allocated days and periods in statute) for the West Branch of the Penobscot River. A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA 7035, 7367, 7369
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 23, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 25, Leashed Tracking Dog License Rules
PROPOSED RULE NUMBER: 2004-P184
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt an amendment to the rules pertaining to the use of leashed dogs to track wounded deer to also allow the tracking of wounded bear and moose under the provisions of the license which was established by the Legislature. In addition, the law was changed to allow licensees to charge for their services without having to hold a guides license. This amendment reflects both of the above changes which were enacted by the 2nd Session of the 121st Legislature.
STATUTORY AUTHORITY: 12 MRSA 11109, 11251.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 23, 2004.
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Maine Department of Education Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six; new Section XIII.
PROPOSED RULE NUMBER: 2004-P185
CONCISE SUMMARY: The rule allows parents of preschool children with disabilities who are already receiving free appropriate public education (FAPE) services from Child Development Services (CDS) and who turn five between September 1st and October 15th choose not to enroll the child in kindergarten and to continue receiving FAPE Services through CDS.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law 2004, Ch. 676 Sections 7 and 9.
PUBLIC HEARING: July 12th, 2004, 9:00 a.m., Burton Cross Building, Room 107
DEADLINE FOR COMMENTS: July 27, 2004
AGENCY CONTACT PERSON: Laurie Bertalli
AGENCY NAME: Child Development Services
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660


AGENCY: 14-472 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 4, Regulations to Establish a Sliding Fee Methodology for State Grant Funded Children's Services
PROPOSED RULE NUMBER: 2004-P186
CONCISE SUMMARY: This rule implements the legislature's directive (PL 2003, c. 673) to require that families receiving certain state grant funded services through the Children's Unit of the Department of Behavioral and Development Services be required to pay fees according to a sliding fee scale. Fees under this rule may be assessed for case management, outpatient, home-based family services and respite care. These fees will not apply to children who are eligible to receive these services under the MaineCare program. This rule is effective on September 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1208(8)
PUBLIC HEARING: July 12, 2004 at 2:00 p.m., AMHI Campus, Marquardt Building, Conference Room 1A, Augusta, Maine
DEADLINE FOR COMMENTS: July 22, 2004
AGENCY CONTACT PERSON: Ned Vitalis
AGENCY NAME: Children's Services, BDS
ADDRESS: #40 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4255


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-P187
CONCISE SUMMARY: These rules propose prior authorization (PA) requirements for certain members receiving more than 5 brand-name prescriptions per month. The PA will apply to the sixth and subsequent brand-name prescriptions for members residing in certain supervised settings, and when federally approved, those members who are eligible for MaineCare as part of the Non-Categorical Waiver. The Department also proposes to provide drug benefit management and/or intensive benefits management for the pharmacy benefit of certain high-cost and/or high utilizing members. The Department has added a one-time 4-day over ride per calendar year for certain emergency situations.
These proposed rules also create the Maine Retail Pharmacy Provider Incentive Payment, which will reward pharmacies providing high quality pharmacy services to MaineCare members in rural areas. The Department also proposes to compensate providers dispensing prescriptions to members in NFs, ICFs-MR, and some PNMIs a $3.35 fee for processing certain returned reusable drugs.
THIS RULE WILL NOT HAVE FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173, PL 2004, ch. 673.
PUBLIC HEARING:
Date: July 14, 2004, 9:00 a.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 July 9, 2004.
DEADLINE FOR COMMENTS: July 25, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Bureau of Medical Services ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta., Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (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. 104, Maine State Service Manual: Sections 2 and 3, Maine Drugs for the Elderly (DEL) Benefit and Maine Rx Plus Benefit
PROPOSED RULE NUMBER: 2004-P188
CONCISE SUMMARY: These proposed rules create the Maine Retail Pharmacy Provider Incentive Payment in Sections 2 and 3, Maine Drugs for the Elderly and Maine Rx Plus, which will reward pharmacies providing high quality pharmacy services to DEL and Maine Rx Plus participants in rural areas. The Department will calculate this incentive payment on a quarterly basis, factoring in the pharmacy's rural status, number of unduplicated DEL and Maine Rx Plus participants served, and other specified quality indicators. Under Section 2, the proposed rule states that the State of Maine has the authority to auto-enroll DEL participants in the Medicare drug discount card program.
See http://www.maine.gov/bms/Other%20Proposed.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 254, 42; PL 2003 Ch. 513
PUBLIC HEARING:
Date: July 14, 2004, 11:00 a.m.
Location: Department of Human Services Conference Room, 442 Civic Center Drive, Augusta, Maine 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 9, 2004.
DEADLINE FOR COMMENTS: Comments must be received by the Bureau of Medical Services before July 25, 2004 at midnight.
AGENCY CONTACT PERSON: Patricia Dushuttle, Acting Director
AGENCY NAME: Division of Policy and Provider Services, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 90-429 - Board of Licensure of Water System Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water System Operators
ADOPTED RULE NUMBER: 2004-214
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to the Licensure of Water System Operators include increasing the fees for licensure examination and renewal for water system operators, as well as changing the name "Board of Licensure of Water Treatment Plant Operators" to "Board of Licensure of Water System Operators". The fee increase allows the Board to remain self-sufficient, while the name change more accurately reflects the nature of the Board's function.
EFFECTIVE DATE: June 19, 2004
AGENCY CONTACT PERSON: Tera Tower, Rulemaking Coordinator
AGENCY NAME: Drinking Water Program
ADDRESS: State House Station 11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287- 5550


AGENCY: 18-553 - Department of Administrative & Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
CHAPTER NUMBER AND TITLE: Ch. 2, Pricing of Spirits
ADOPTED RULE NUMBER: 2004-215
CONCISE SUMMARY: The purpose of this rule is to formalize the State of Maine's wholesale and retail price-setting policy with respect to the sale of spirits in the State. The rule is promulgated pursuant to PL 2003, c. 20, Part LLL, as codified at 28-A MRSA 88. Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333.
EFFECTIVE DATE: June 19, 2004
AGENCY CONTACT PERSON: Domna Giatas, Deputy Commissioner
AGENCY NAME: Department of Administrative and Financial Services
ADDRESS: 78 State House Station, Augusta, ME 04333-0078
TELEPHONE: (207) 624-7800


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 130, Rules for Equivalent Instruction Programs
ADOPTED RULE NUMBER: 2004-216
CONCISE SUMMARY: The chapter is being repealed because all the information required for a parent or guardian to provide equivalent instruction by home instruction is contained in the governing statute, 20-A MRSA 5001-A(3)(A)(4).
EFFECTIVE DATE: June 19, 2004
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
E-MAIL: edwin.kastuck@Maine.gov
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE:
Ch. #332, MaineCare Eligibility Manual - 2004 Federal Poverty Levels
Ch. #333, Low Cost Drug - 2004 Federal Poverty Levels
Ch. #334, Maine Rx Plus - 2004 Federal Poverty Levels
ADOPTED RULE NUMBER: 2004-217 thru 219
CONCISE SUMMARY: This rule puts into effect the 2004 Federal Poverty Level (FPL) guidelines established by the federal government. The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: June 19, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 355, Coastal Sand Dune Rules
ADOPTED RULE NUMBER: 2004-220
CONCISE SUMMARY: This rule applies to activities in coastal sand dune systems subject to the requirements of the Natural Resources Protection Act, 38 MRSA 480-A to 480-Z. The amendments to the rules: 1) clarify and improve the formatting to provide for better understanding by the public and municipal officials; 2) add regulatory provisions to allow applicants to apply for construction of new buildings and reconstruction of storm damaged buildings in developed frontal dune areas; 3) add variance provisions to allow applicants to apply for construction of new buildings in lesser developed frontal dune areas; 4) remove the exemption for second story additions on single story buildings; and 5) add a requirement that all new and reconstructed buildings be elevated on post or pile foundations
EFFECTIVE DATE: July 15, 2004
AGENCY CONTACT PERSON: Jeff Madore
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7848


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final rule, Ch. 101, MaineCare Benefits Manual: Ch. III Section 28, Principles of Reimbursement for Early and Periodic Screening, Diagnosis, and Treatment Agency Services
ADOPTED RULE NUMBER: 2004-221
CONCISE SUMMARY: The Department has repealed this section since the Department no longer contracts with agencies for these services.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rule-making documents.
EFFECTIVE DATE: June 22, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY NAME: Bureau of Medical Services, Division of MaineCare Policy and Provider Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (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. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2004-222
CONCISE SUMMARY: The final rule makes numerous structural and administrative changes throughout the Manual. Changes are included in sections dealing with: statutory authority; provider participation requirements; member eligibility; covered services definitions; payment responsibilities of providers; reimbursement guidelines; copay exemptions; submission of claims; payment process; claim adjustments; surveillance and record requirements; prior authorization; provider and member appeals; and updating of procedure codes in appendix #2.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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