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Weekly Rulemaking Notices Contact Us Find It

January 19, 2005
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: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 27.3, Policy and Procedures Manual - Community Transition Program - (formerly Ch. 10 Subsection 18.8, Release Program)
PROPOSED RULE NUMBER: 2005-P4
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing the Release Program Policy pursuant to 34-A MRSA 3035.
The revisions are designed to strongly encourage prisoners to make a good faith, reasonable application for Supervised Community Confinement by, among other things, limiting the period of time prisoners are allowed to be on work release. The desire to stay on work release has been a major disincentive for prisoners to apply for Supervised Community Confinement.
It is projected that these changes will result in a significant increase in the number of prisoners applying for and being approved for Supervised Community Confinement, thus relieving some of the overcrowding in the correctional facilities.
This rule, Ch. 10 Subsection 27.3, Policy and Procedures Manual - Community Transition Program, will repeal and replace Ch. 10 Subsection 18.8, Policy and Procedures Manual -Release Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA 3035
PUBLIC HEARING: Monday, February 7, 2005 from 1 p.m. - 2 p.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine.
DEADLINE FOR COMMENTS: February 18, 2005
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Quality Data Sets
PROPOSED RULE NUMBER: 2005-P5
CONCISE SUMMARY: This rule defines health care quality data sets and the provisions for filing the data sets by health care providers to the Maine Health Data Organization, including: identification of the organizations required to report; establishment of requirements for the content, form, medium, and time for filing health care quality metrics data; establishment of standards for the data reported; and compliance provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683, 8708-A
PUBLIC HEARING: February 10, 2005, 1:00 p.m., Maine Health Data Organization, Augusta, Maine
DEADLINE FOR COMMENTS: February 21, 2005
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2005-P6
CONCISE SUMMARY: The proposed rules changes bed-hold policy such that providers will no longer be required to obtain prior authorization for bed-hold leave days in excess of 45-days. Providers will still be required to maintain documentation in members' files regarding the medical necessity or therapeutic nature of bed-hold days. The proposed rule changes also add a description of services and eligibility requirements for children currently receiving services through Intensive Temporary Out-of-Home Treatment Services (ITOOHTS). Finally, the proposed rules update terminology to reflect the merger of the Department of Human Services and Department of Behavioral and Developmental Services into the Department of Health and Human Services (DHHS).
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: February 9, 2005, 2:00 p.m.
Location: Conference Room, Department of Health and 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 2, 2005.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 20, 2005.
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) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, and Appendices B, C, D, E, and F, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2005-P7
CONCISE SUMMARY: The Maine State Legislature passed a 5% service tax, which includes MaineCare Private Non-Medical Institutions, and assessed this State-mandated service tax beginning July 1, 2004. These rules will permanently replace emergency rules to allow the service tax to be considered an allowable cost under the Principles of Reimbursement. If these rules are not permanently adopted, PNMI service providers will not be able to include these expenditures, resulting in significant financial burden to the PNMIs. Accordingly, the Department has determined that this State-mandated service tax will be an allowable MaineCare cost for PNMIs. Additionally, the Department has adjusted the program allowance to 35% for substance abuse facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: Wednesday, February 9, 2005 1:00 p.m., Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine 04330
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: Midnight, February 20, 2005.
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362 or 1 (800) 321-5557
TTY: 1 (800) 423-4331 or 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 50, Rules for the Determination of Insufficient Veterinary Services
ADOPTED RULE NUMBER: 2005-3
CONCISE SUMMARY: This chapter establishes rules for the determination of insufficient veterinary service areas in accordance with 20-A MRSA 12107.
EFFECTIVE DATE: January 12, 2005
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610


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
ADOPTED RULE NUMBER: 2005-4
CONCISE SUMMARY: This rule establishes limitations of one pair of orthotic shoes and one pair of inserts per member per year, clearly identifies certain orthotics, prosthetics and pieces of durable medical equipment as non-covered luxury items, establishes clearer guidelines for determining eligibility for power wheelchairs and establishes guidelines for replacement of certain items of durable and medical equipment.
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 at (207) 287-9368.
EFFECTIVE DATE: January 16, 2005
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boilers & Pressure Vessels
CHAPTER NUMBER AND TITLE: Repeal and Replace Ch. 1 - Definitions
New Ch. 2 - Variances
New Ch. 3 - Board Meetings
New Ch. 4 - Advisory Rulings
New Ch. 11 - National Codes Applicable to Boilers and Pressure Vessels
New Ch. 12 - Power Boilers
New Ch. 13 - Low Pressure Boilers
New Ch. 14 - Pressure Vessels
New Ch. 15 - Repairs and Alterations
New Ch. 21 - Duties and Responsibilities of All Owners of Boilers and Pressure Vessels
New Ch. 31 - Inspectors
New Ch. 32 - Boiler Operators and Stationary Steam Engineers
Repeal Ch. 2 - General Rules Governing Boilers of All Types
Repeal Ch. 3 - Power Boilers
Repeal Ch. 4 - Miniature Boilers
Repeal Ch. 5 - Low Pressure Boilers
Repeal Ch. 6 - Pressure Vessels
Repeal Ch. 7 - Welding
Repeal Ch. 8 - Shop Certification
Repeal Ch. 9 - Boiler Inspectors
Repeal Ch. 10 - Boiler Engineers and Operators
Repeal Ch. 11 - Welders
Repeal Ch. 12 - Fees
Repeal Ch. 13 - General Information
Repeal Ch. 14 - Complaints, Investigations and Adjudicatory Hearings
ADOPTED RULE NUMBER: 2005-7 through 2005-31
CONCISE SUMMARY: The adopted rules have been completely rewritten from the rules that are presently adopted by the Board. The proposed rules:
1. Define terms that are used in the rules adopted by the Board and terms used in Title 32, Ch. 131, but not defined by statute.
2. Prescribe procedures for the filing of a petition for a variance.
3. Establish procedures for meetings of the Board.
4. Establish requirements and guidelines for the Board's discretionary issuance of advisory rulings.
5. Adopt by reference the national safety codes and standards that apply to boilers and pressure vessels regulated in the State of Maine.
6. Establish specific requirements for the design, construction, installation, operation, and inspection of power boilers and pressure vessels in addition to those established in Title 32, Ch. 131, and the national codes adopted by reference.
7. Establish specific requirements for the identification, construction, installation, operation, inspection, and operation of heating boilers in addition to those established in Title 32, Ch. 131, and the national codes adopted by reference. Consistent with 32 MRSA 15102(l), the Board's rules regulate only those heating boilers located in schoolhouses or owned by municipalities.
8. Establish requirements for performing welded repairs, alterations, or piping fabrications on boilers or pressure vessels.
9. Establish general duties and responsibilities of owners of boilers and pressure vessels.
10. Establish requirements for initial and renewal licensure of inspectors.
11. Establish requirements for licensure and responsibilities of boiler operators and stationary steam engineers.
EFFECTIVE DATE: January 15, 2005
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


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