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Weekly Rulemaking Notices Contact Us Find It

March 23, 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: 02—031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 275, Medicare Supplement Insurance (2005 Amendments)
PROPOSED RULE NUMBER: 2005—P73
CONCISE SUMMARY: With passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), states need to amend their Medigap regulations in order to maintain certification of their regulatory programs. Below is a synopsis of the most relevant changes to the Rule:
* Prescription drug benefits have been stripped from standard Medigap plans H, I, J, and J with a high deductible (and prestandardized plans with prescription drug coverage), for current Medigap prescription drug plan insureds who choose to enroll in the new Medicare prescription drug program (Part D) after December 31, 2005
* Issuers of Medigap plans H, I, J, and J with a high deductible (or similar plans in the waivered states), are prohibited from offering prescription drug benefits to new enrollees after December 31, 2005
* Two new Medigap plans, "K" and "L," featuring reduced first—dollar coverage, have been added to the current 10 + 2 standardized plans
* 0ther corresponding changes to the model regulation have been made as required for compliance with MMA
Adoption of these amendments by September 8, 2005 will bring Maine's Medicare Supplement regulatory program into compliance with federal standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This Rule is issued pursuant to the authority vested in the Superintendent of Insurance under 24 MRSA §2328 and 24—A MRSA §§ 212, 2413(l)(F), 4207(9), 5002, 5003, 5002—A, 5002—B, 5005, 5010—A, and 5011.
PUBLIC HEARING: Wednesday, April 13th, 2005 at 9:00 a.m. in the Androscoggin Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Saturday, April 23, 2005 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624—8452


AGENCY: 10—144 — Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual – Rev. 221P, Stopping Enrollment in
14 the Non—Categorical MaineCare Coverage Group and Establishing a Waiting List
PROPOSED RULE NUMBER: 2005—P74
CONCISE SUMMARY: Effective'March 1, 2005, no person applying for MaineCare will be enrolled under the Non—Categorical coverage group. Instead, applicants found eligible for this coverage group will be placed on a waiting list.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42(8), 5 MRSA §8054, 22 MRSA §3174—G(F)
PUBLIC HEARING: Public Hearing will be held at the University of Maine at Augusta in Jewett Hall Auditorium on April 13, 2005 from 9:00 a.m. to 10:30 a.m. Written comments will be taken until April 25, 2005.
DEADLINE FOR COMMENTS: April 25, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta ME 04333—0011
TELEPHONE: (207) 287—5054
TTY: (207) 287—6948 (Deaf/Hard of Hearing)


AGENCY: 09—137 — Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
PROPOSED RULE NUMBER: 2005—P75
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a rule to require that all bass retained during a bass fishing tournament shall be kept in a livewell being operated with the pump(s) in a mode that constantly exchanges livewell water with fresh lake water as a flow—through system except when boats are being operated under power of the main outboard while changing locations or when boats are being brought to shore immediately prior to weigh—in, at which time the pump(s) may be operated in a manner that aerates a fixed volume of water in the livewell.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA Title 12, Section 12505
PUBLIC HEARING: None scheduled — one may be requested.
DEADLINE FOR COMMENTS: April 22, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: 284 State Street, #41 State House Station, Augusta, ME 04333—0041
TELEPHONE: (207) 287—5201


AGENCY: 01—001 — Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMIRER: 2005—P76
CONCISE SUMMARY: This proposes a number of changes in the Department of Agriculture's Certified Seed program. Major proposed changes include definitions for "lot" and Potato Mop Top Virus; deletes certification of Generation 4 seed potatoes in 2006 and planting of Generation 4 seed potatoes in 2007; incorporates certification requirements for three potato tuber necrotic viruses adopted by the U.S. Department of Agriculture and the Canadian Food Inspection Agency; allows blending of seed lots having up to 7.5% total virus in the post—harvest test, if certain conditions are met and if conducted under the supervision of Department staff, deletes certification of Experimental 4 seed production in 2006 and planting of Experimental 4 seed potatoes in 2007; makes it mandatory that seed potatoes collected for official pathogen testing be done under the supervision of Department staff, increases fees for field inspection of seed potatoes by $2—$6 per acre, depending on the generation and length of time the seed remains in the certification program; and other non—substantive changes to improve the clarity and readability of the rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §§ 2101—2105
PUBLIC HEARING April 12, 2005 at 6:00 p.m. in the conference room of the Harley Welch Agriculture Center, Presque Isle, Maine.
DEADLINE FOR COMMENTS: April 22, 2005
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287—3891


AGENCY: 29—255 — Secretary of State, Maine State Archives
RULE TITLE OR SUBJECT: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2005—P77
CONCISE SUMMARY: These rules set retention periods and provide disposition authorization for the records of local government agencies. They are being amended to provide retention periods and disposition authorization for records not now covered; clarify standards for approval of alternative repositories for local government records; and clarify standards for records vault construction.
THIS RULE WILL HAVE A FISCAL IMPACT ON.MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 95—B, para. 7
PUBLIC HEARING: 10 a.m., April 14, 2005, Maine State Archives Conference Room, Cultural Building, Augusta, ME 04333—0084
DEADLINE FOR COMMENTS: April 25, 2005
AGENCY CONTACT PERSON: Nina M. Osier, Maine State Archives, 84 State House Station, Augusta, ME 04333—0084
TELEPHONE: (207) 287—5799


ADOPTIONS

AGENCY: 10—144 — Department of Health and Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 209, Rules Relating To Body Piercing
ADOPTED RULE NUMBER: 2005—92
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules Relating to Body Piercing to more closely reflect current and national standards for the safe and sanitary practice of body piercing, particularly the requirement for an approved blood borne pathogen training course.
CHAPTER NUMBER AND TITLE: Ch. 210, Rules Relating To Tattooing
ADOPTED RULE NUMBER: 2005—93
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules Relating to Tattooing to more closely reflect current and national standards for the safe and sanitary practice of tattooing. As a result, certain licensure requirements and tattooing prohibitions will be eliminated, and other safety standards and notice of public health notice and inspection will be implemented.
EFFECTIVE DATE: March 16, 2005
AGENCY CONTACT PERSON: Rebecca Vigue
AGENCY NAME: Division of Health Engineering
ADDRESS: 11 State House Station, Augusta, ME 04330—0011
TELEPHONE: (207) 287—1978


AGENCY: 10—144 — Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Chapters: (Emergency Rule)
#332, MaineCare Eligibilily Manual — 2005 Federal Poverty Levels
#333, Low Cost Drug — 2005 Federal Poverty Levels
#334, Maine Rx Plus—2005 — Federal Poverty Levels
ADOPTED RULE NUMBER: 2005—94 through 2005—96
CONCISE SUMMARY: This rule puts into effect the 2005 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: February 1, 2005
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Health and 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


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