Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

August 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: 10-144 - Department of Health and Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 260, Rules Regarding Rabies Immunization Requirements for Dog Licensure (Amendment)
PROPOSED RULE NUMBER: 2004-P236
CONCISE SUMMARY: This rule is being amended to bring the requirement for rabies immunization of dogs prior to licensure into conformance with the federally required label statements on duration of immunity. It will also amend the specification of the certificate required for proof of immunization.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 3922(3)
PUBLIC HEARING: August 31, 1:30-3:00 p.m., Cross State Office Building Room 220, State House Campus, Augusta, Maine
DEADLINE FOR COMMENTS: September 10, 2004
AGENCY CONTACT PERSON: Philip W. Haines, DrPH
AGENCY NAME: Bureau of Health, DHHS
ADDRESS: Key Plaza 8th floor, #11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-8016


AGENCY: 10-149 - Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
RULE TITLE OR SUBJECT: Bureau of Elder and Adult Services Policy Manual, Section 40, General Administrative Requirements for all Parties; and Section 63, In-Home and Community Supports for Elderly and Other Adults
PROPOSED RULE NUMBER: 2004-P237
CONCISE SUMMARY: The Bureau of Elder and Adult Services proposes to amend the following:
Section 40 - GENERAL ADMINISTRATIVE REQUIREMENTS FOR ALL PARTIES
Wording has been added in subsection 40.01(E), Maintaining Services, to clarify time frames for notice to consumers and request for hearing when eligibility is terminated or covered services are reduced; and to clarify that services will not be reinstated during the appeal process if services have been suspended in accordance with the rules for more than 30 days.
Section 63 - IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ELDERLY AND OTHER ADULTS
Added to this section are definitions of assisted living services and residential care facility which reflect statutory changes and of Fiscal Intermediary (FI), which is an entity new to the program to assist families with administrative and payroll functions to assure compliance with federal and state tax and labor laws. Health Assessment has been eliminated since it did not prove cost effective. Throughout, the terms Personal Care Services and Congregate Housing Services have been replaced by Personal Support Specialist Services and Independent Housing with Services respectively to reflect current usage and as required in Ch. 596 where Congregate Housing was eliminated and replaced with Independent Housing with Services. Eligibility asset limits of $50,000 for an individual and $75,000 for a couple have been added to the program, the cost cap per level of care has been reduced and caps have been placed on homemaker activities per level of care. These three are being proposed to meet budgeted savings targets enacted by the Legislature. The proposed changes also clarify procedure for notification of termination of state-funded in-home and community support services once MaineCare eligibility has been established; add newly enacted statutory employment restrictions for providers of personal support and homemaker services; add a Family Provider Option to Personal Support Services section to improve effectiveness and replace the "Self-directed Option" which has been eliminated; increase the hours of training required for Personal Support Specialists to assure competency; and require the Home Care Coordinating Agency to contract with a Fiscal Intermediary who agrees to perform tasks related to the new Family Provider Option.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chap. 1453, 1621 and PL 03 Chap. 673 Part A and MMM-4
PUBLIC HEARING: Monday, August 30, 10:00 a.m., Room 1B, DHHS Building, 442 Civic Center Drive (Route 27), Augusta. Persons requiring special arrangements to attend must let the agency contact know by August 20th.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 4:00 p.m. on September 9, 2004.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY:(207) 287-9234 or 1 (888) 720-1925
E-MAIL: Betty.Forsythe@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 12, Consumer Directed Attendant Services
PROPOSED RULE NUMBER: 2004-P238
CONCISE SUMMARY: The proposed rules create service levels based on level of need as defined by specific eligibility criteria. Each level has an associated cap on the number of allowable personal care hours and a cap on the number of personal care hours that can be spent on instrumental activities of daily living (IADLs). These changes are proposed to achieve legislatively required budget savings. The proposed rules further specify the role of the provider agency. The proposed rule also clarifies when services are considered to be duplicative, covered services, definitions, and the eligibility process. Certain information, such as confidentiality requirements, that is already included in Ch. I, is deleted. Terminology, such as using MaineCare instead of Medicaid and member instead of recipient, is also updated. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173; PL 2003, Ch. 673, Part MM.
PUBLIC HEARING.
Date: September 3, 12.30 p.m.
Location: Conference Room #1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 27, 2004.
DEADLINE FOR COMMENTS: Comment must be received by midnight September 14, 2004
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or, Hard of Hearing)


AGENCY: 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. 200, Rules Implementing the Maine Tobacco Master Settlement Agreement
PROPOSED RULE NUMBER: 2004-P239
CONCISE SUMMARY: This chapter describes the procedures for administering 22 MRSA 1580-G, et seq., Tobacco Manufacturers Act, and 22 MRSA 1580-L, et seq., Tobacco Product Manufacturers Act (hereinafter, collectively known as the "Tobacco Act"). The Tobacco Act was passed as a result of the Master Settlement Agreement ("MSA") entered into between 46 states, including Maine, and the major tobacco companies, requiring tobacco product manufacturers not participating in the MSA to set up qualified escrow accounts and to deposit funds into the accounts based on the number of manufacturers' cigarettes sold in each state. The Tobacco Act provides for enforcement of the escrow obligations through setting up a directory to which all compliant tobacco product manufacturers are listed. These Rules provide tobacco product manufacturers with guidelines on how to become compliant and maintain their compliant status. Pursuant to 22 MRSA 1580-L(14), the Department of the Attorney General is responsible for administering the Tobacco Act, and for promulgating these Rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1580-L(14)
PUBLIC HEARING): N/A
DEADLINE FOR COMMENTS: September 10, 2004
AGENCY CONTACT PERSON: Maeghan Maloney, AAG
AGENCY NAME: Office of the Attorney General
ADDRESS: 6 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8800


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensing of General and Specialty Hospitals in the State of Maine, Ch. XXIII.F., Psychiatric Unit; Ch. XXV.A.2.d., Psychiatric Hospital Requirements; Ch. XXVII.A., Critical Access Hospital
PROPOSED RULE NUMBER: 2004-P240
CONCISE SUMMARY: The proposed regulatory changes to the Regulations for the Licensing of General and Specialty Hospitals in the State of Maine are as follows:
* Ch. XXIII.F., changes the names of the Maine Department of Mental Health and Mental Retardation and the Department of Human Services to the Department of Health and Human Service, and establishes responsibility with the Department of Health and Human Services for the enforcement of the Rights of Recipients of Mental Health Services and the Rights of Recipients of Services who are Children in Need of Treatment for all inpatient grievances and complaints filed against any hospital with a psychiatric unit, and makes the Commissioner responsible for the issuance of final decisions for grievances and complaints appealed to the Department level.
* Ch. XXV.A.2.d., changes the names of the Maine Department of Mental Health and Mental Retardation and the Department of Human Services to the Department of Health and Human Services, and establishes responsibility with the Department of Health and Human Services for the enforcement of the Rights of Recipients of Mental Health Services and the Rights of Recipients of Services who are Children in Need of Treatment for all inpatient grievances and complaints filed against any psychiatric hospital and makes the Commissioner responsible for the issuance of final decisions for grievances and complaints appealed to the Department level.
* Ch. XXVII.A. changes the number of acute care beds allowable for a Critical Access Hospital from fifteen (15) to twenty-five (25) beds. In addition to the twenty-five (25) bed limit for acute hospital-level inpatient care, a hospital may have a distinct part with ten (10) or fewer psychiatric inpatient beds, or ten (10) or fewer inpatient rehabilitation beds, or both.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, MRSA, 1718, 1812-1, 7932
DATE(S)/PLACE(S) OF HEARING(S): August 31, 2004 at 1:30 p.m., Bureau of Medical Services, Conference Room A/B, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before August 27, 2004.
DEADLINE FOR COMMENTS: September 10, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 311, Eligible Resource Portfolio Requirement
PROPOSED RULE NUMBER: 2004-P241
CONCISE SUMMARY: We propose to add a provision to the rule that would make it consistent with recent legislation that exempts competitive electricity providers from the resource portfolio requirement with respect to service to qualified Pine Tree Zone businesses. The proposed amendment does not involve modification of any existing languages of the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3203(9), 3210(3), 3210-B, Resolves 1999, ch. 47; P.L. 1999, ch. 398, Sec 1-4; Resolves 2003, ch. 22.
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: September 13, 2004
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME:, Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 22, Home and Community Benefits for the Physically Disabled
PROPOSED RULE NUMBER: 2004-P242
CONCISE SUMMARY: The proposed rule sets a cap of sixty-four (64) hours of personal care per member per week to ensure that the waiver meets federal cost neutrality requirements and to achieve legislatively required budget savings. The proposed rules further specify the case management and administrative roles of the provider agency. The proposed rule also clarifies when services are considered to be duplicative, covered services, definitions, and the eligibility process. Certain information, such as confidentiality requirements, that is already included in Ch. I, is deleted. Terminology, such as using MaineCare instead of Medicaid and member instead of recipient, is also updated. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, PL 2003, Ch. 673, Part MM.
PUBLIC HEARING:
Date: September 3, 2004, 2:30 p.m.
Location: Conference Room #1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 27, 2004.
DEADLINE FOR COMMENTS. Comments must be received by midnight September 14, 2004
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 12, Policy and Procedures Manual - Juvenile, Subsection 20.1, Furlough Pass / Furlough Leave Program
ADOPTED RULE NUMBER: 2004-304
CONCISE SUMMARY: The Maine Department of Corrections is adopting a policy, procedures, and rules governing the Furlough Pass / Furlough Leave Program Policy for juvenile offenders that are similar to the policy, procedure and rules recently adopted through the emergency APA process.
This rule, Ch. 12, Policy and Procedures Manual - Juvenile, Subsection 20.1, Furlough Pass Furlough Leave Program, does repeal or replace the current existing rule Ch. 12, Policy and Procedures Manual - Juvenile, Subsection 20.1, Furlough Pass / Furlough Leave Program, that was processed, earlier this year, on an EMERGENCY basis.
EFFECTIVE DATE: August 3, 2004
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 05-071 - Department of Education - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education - Rules for Major Capital School Construction Projects, Section 1 - Definitions; and Section 9 - Design Development
ADOPTED RULE NUMBER: 2004-305
CONCISE SUMMARY: In accordance with 20-A MRSA, 15908-A, the State Board of Education is proposing these routine/technical rules regarding energy efficiency in State Board of Education approved new construction and substantially renovated buildings.
EFFECTIVE DATE: August 4, 2004
AGENCY CONTACT PERSON: Judith Malcolm, Director of Policy
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Burton Cross Office Building - 5th Floor, Augusta, ME 04333-0023
TELEPHONE:(207) 624-6845


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Removes the Federal Poverty Level (FPL) Chart from the Maine Public Assistance Manual, Rev. #74-P
ADOPTED RULE NUMBER: 2004-306
CONCISE SUMMARY: Federal Poverty Levels are used as an income guideline for the Emergency Assistance Program (EAP) and are used to determine reimbursement amounts for Transitional Transportation (TT) benefits.
A Federal Poverty Level Chart is provided to Eligibility Staff as an information tool as soon as they are published by the Federal Government each year. This procedure eliminates the need to maintain a FPL Chart in the Maine Public Assistance Manual and eliminates the need to update the Chart through the rulemaking process each year.
EFFECTIVE DATE: August 8, 2004
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME:. Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND RULE TITLE: Ch. 332, MaineCare Eligibility Manual (Emergency Rule), Section 4220 and Section 4130, Appendix 4-2: Consent Decision Community Spouse Minimum Standard and Shelter Allowance
ADOPTED RULE NUMBER: 2004-307
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of income that can be sent to the community spouse and the shelter allowance are increasing.
EFFECTIVE DATE: August 4, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Maine Department of Education Regulation Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age 6; new Section XIII
ADOPTED RULE NUMBER: 2004-308
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 to choose not to enroll the child in kindergarten and to continue receiving FAPE services through CDS.
EFFECTIVE DATE: August 3, 2004
AGENCY CONTACT PERSON: Laurie Bertulli
AGENCY NAME: Child Development Services
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 148, Emissions from Smaller-Scale Generating Facilities
ADOPTED RULE NUMBER: 2004-309
CONCISE SUMMARY: The Department has adopted a new regulation that establishes emission limits on new stationary generators of 50kW capacity and larger installed on or after January 1, 2005. The regulation establishes emission limits for two categories of generators. For emergency generators (or those operated for emergency purposes no more than 500 hours per year), the generators must meet the emission standards set by EPA for non-road engines. For non-emergency generators, the rule establishes phased-in emission standards taking effect in 2005 and 2009. In addition, the proposal requires all diesel-powered generators to fire low-sulfur diesel fuel meeting federal on-road sulfur limits beginning January 1, 2005, and requires the use of ultra-low sulfur fuel beginning June 1, 2010.
EFFECTIVE DATE: August 9, 2004
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-149 - Department of Health and Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2004-310
CONCISE SUMMARY: These rules are routine technical amendments to Section 71, Certificate of Need for Nursing Facility Level of Care Projects, of the Bureau of Elder and Adult Services Policy Manual. They will:
* raise the dollar thresholds and include a biennial inflation factor of 2% based on the consumer price index for projects requiring CON approval;
* exempt assisted living programs, conversions of critical access acute care beds to hospital swing beds and home health care services from CON requirements;
* remove the $25,000 ceiling on application fees;
* establish that projects with gross square footage in excess of 500 per licensed nursing facility bed will require justification, and
* clarify the application process, public hearing and record keeping requirements.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 10-149 - Department of Health and Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2004-311
CONCISE SUMMARY: The Department of Health and Human Services is repealing Section 73 Personal Care Assistance for Severely Physically Disabled Adults of the Bureau of Elder and Adult Services Policy Manual because this program has been transferred from the Department of Human Services to the Department of Labor, Bureau of Rehabilitation Services pursuant to PL 2001 Chap 559 Part BB.
EFFECTIVE DATE: August 10, 2004
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State