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Weekly Rulemaking Notices Contact Us Find It

September 1, 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. 257, Schedule of Charges of the Diagnostic Laboratory of the Department of Human Services
Ch. 265, Maine Drug Testing Laboratory Rules
Ch. 269, Rules Governing Self-Contained Breath Alcohol Testing Equipment
PROPOSED RULE NUMBER: 2004-P256
CONCISE SUMMARY: The three rules pertain to the State Public Health and Environmental Testing Laboratory (HETL). The Ch. 257 amendment formally ratifies the fee increase for environmental testing that went into effect as a result of Emergency Rulemaking in June, 2004. No new fees are included; however, additional language is added that would allow the HETL to add, on a temporary basis until the next rulemaking, new technologies and necessary public health analytical tests and to increase fees for testing when supported by expenses for such tests. The Ch. 265 amendment removes a redundancy between Ch. 265 and 257 on the fee for licensure of drug testing laboratories. The Ch. 269 amendment proposes procedural changes in the use of self-contained breath alcohol testing equipment. This brings the State of Maine OUI test protocol into compliance with National Safety Council Recommendations and eliminates the need for the previously established weekly simulator calibration checks. The proposed rules are posted at the HETL website: http://www.maine.gov/dhs/etl
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. This impact is not considered significant, fee increases are in are effect already, the Emergency Rulemaking increase was not substantial, the range of prices was from $2.00 dollars to $50.00 for the most complex of testing. Many tests are performed once a year.
STATUTORY AUTHORITY: 22 MRSA 562 (repealed), 565 et seq. and 2602 et seq., 26 MRSA 681-690 and 22 MRSA 562 PL 1990, chapter 832 29 MRSA 2524 (6) and 22 MRSA 42(1)
PUBLIC HEARING: September 20, 2004, 2:00 p.m., 221 State Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: Close of Business, October 1, 2004
AGENCY CONTACT PERSON: John A. Krueger, Chief
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, Station #12, Augusta, Maine 04333
TELEPHONE: (207) 287-2727
TTY: (207) 287-4479


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #10-04
PROPOSED RULE NUMBER: 2004-P257
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, September 17, 2004, Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 17, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2004-P258
CONCISE SUMMARY: This proposed rule caps reimbursement at 2002 Medicare rates.
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
PUBLIC HEARING:
Date: September 21, 2004, 2 p.m.
Location: Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: October 4, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 60, Medical Supplies and Durable and Medical Equipment
PROPOSED RULE NUMBER: 2004-P259
CONCISE SUMMARY: This proposed rule establishes limitations of one pair of orthotic shoes and one pair of inserts per member per year, clearly identifies certain orthotics and prosthetics as noncovered luxury items, establishes clearer guidelines for determining eligibility for power wheelchairs and establishes guidelines for replacement of certain items of durable. and medical equipment.
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, 3174-FF
PUBLIC HEARING:
Date: September 21, 2004, 12 noon
Location: Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: October 2, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-148 - Department of Health & Human Services, Bureau of Child & Family Services
RULE TITLE OR SUBJECT: Ch. 202, Child Protective Central Case Record Search Fee
PROPOSED RULE NUMBER: 2004-P260
CONCISE SUMMARY: These rules are being established in order for the Department to set fees for researching the Child Protective Central Case Records to determine whether or not the person has been substantiated as an abuser of a child.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4008 sub-6
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: October 1, 2004
AGENCY CONTACT PERSON: Robert Pronovost
AGENCY NAME: BCFS
ADDRESS: 221 State St., Augusta, ME 04333
TELEPHONE: (207) 626-8642


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. #3, Schedule of Minimum Prices - Order #09-04
ADOPTED RULE NUMBER: 2004-362
CONCISE SUMMARY: Minimum September, 2004 Class I price is $17.19 plus $0.86/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $19.15. Class II minimums set at $14.15 for July, 2004 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333'
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rule: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 2, Adult Family Care Home Services
ADOPTED RULE NUMBER: 2004-363
CONCISE SUMMARY: These adopted rules revise and-update rules for adult family care services. Members residing in adult family care homes will be assessed for level of need for assistance using the MDS-ALS assessment tool. The Department will utilize the assessment to establish reimbursement for services in adult family care homes based on a resource-adjusted price.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
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 Health & Human Services
CHAPTER NUMBER AND TITLE: Ch. 4, Regulations to Establish a Sliding Fee Methodology for State Grant Funded Children's Services
ADOPTED RULE NUMBER: 2004-364
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 Services Unit of the Department of Health & Human 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.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Ned Vitalis, Program Specialist, Children's Services
AGENCY NAME: Department of Health & Human Services
ADDRESS: 40 State House Station, Augusta, ME 04333-0040
TELEPHONE: (207) 287-4255 (v)
TTY: (207) 287-2000


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2004-365
CONCISE SUMMARY: These rules specify the coverage of direct costs and the calculation of case mix index rates for, various nursing facilities, distinguishing between new facilities with no case mix history and established facilities. Additionally, language in Sections 101.3 and 172.2 allows for adjustments of interim payments at the time of audit to make the State's supplemental payments consistent with state appropriations.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX (207) 297-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final rule: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 26, Day Health Services
ADOPTED RULE NUMBER: 2004-366
CONCISE SUMMARY: In order to manage expenditures going forward, and to establish eligibility and service limits consistent with how other home and community based services are structured, this rule limits the number of hours of Day Health Services covered under Section 26 to 16 per week, except for certain members. Members who meet new requirements set forth in the rule may receive up to 24 hours of services per week under "Level II" in Section 26. Those members meeting nursing facility level of care eligibility requirements, as set forth in Section 67.02, may receive up to 40 hours per week of covered services under "Level III" in Section 26.
There is also language requiring the use of the Department's MED assessment form to determine level of eligibility for members receiving services under Section 26. Furthermore, the rule dictates that in order for the reimbursement of services to continue uninterrupted beyond a member's approved classification period, a reassessment and prior authorization of services is required.
Additionally, the Department eliminates procedure codes S5101 and S5102 in Ch. III Section 26. They are replaced with two new codes in Ch. III that, along with existing code S5100, correspond to the levels of care and hourly limits imposed in the rule.
Rules and related documents may be reviewed and printed from the Bureau of Medical Services website at www.maine.gov/bms/MaineCareBenefitManualRules.htm or, for a fee, interested parties may request a paper copy of rules by calling Lucille Weeks at (207) 287-9368.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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: 2004-367
CONCISE SUMMARY: These routine technical rules amend Sections 65, 67, 70 and 75 of the Bureau of Elder and Adult Services Policy Manual. Changes to Section 65-Nutrition will permit use of, Electronic Benefit Transfer (EBT) for consumer donations; correct maximum holding temperature of cold foods; add a provision for denial, reduction and termination of congregate meals; clarify waiting list requirements and change requirements for notice of changes to dining sites. Section 67-Outreach, Intake, Information & Referral has changed wording to be consistent with the older Americans Act and clarified denial, reduction and termination, consumer record and reporting requirements. Section 70-Senior Community Service Employment Program changes set the rate of pay for participants at the state minimum wage and add a provision for denial, reduction and termination of participation in the program. Section 75-Family Caregiver Support Program changes add a definition of older individuals as 60 or older; clarify who may receive respite and supplemental services; and add staff requirements for area agencies on aging.
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


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