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Weekly Rulemaking Notices Contact Us Find It

May 18, 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: 10-144 - Maine Well Drillers and Pump Installers Commission
RULE TITLE OR SUBJECT: Ch. 232, Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2005-P111
CONCISE SUMMARY: Rule changes include inclusion of new sections requiring the permanent recording of information about a drilled water well on or near the well as required by recent legislation and a requirement that drillers and pump installers utilize written contracts. If no contract is used the Commission may use recommendations in the rules as standards for the review of complaints. The proposed changes also include additional requirements for the practice of hydro fracturing and several corrections of typographical errors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c. 69-C
PUBLIC HEARING: June 7 regular meeting of the Commission, 9:00 a.m., Maine Motor Transport Building, Whitten Road, Augusta
DEADLINE FOR COMMENTS: June 17, 2005
AGENCY CONTACT PERSON: David Braley
AGENCY NAME: Maine Well Drillers and Pump Installers Commission
ADDRESS: State House Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5699


AGENCY: 02-318 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Electricians' Examining Board
RULE TITLE OR SUBJECT: Repeal and Replace Ch. 120, Electrical Installation Standards
PROPOSED RULE NUMBER: 2005-P112
CONCISE SUMMARY: The rule indicates the Board's intent to adopt the 2005 edition of the National Electrical Code for electrical installations with the following exceptions:
* The Board adopts Article 210.12(B) with an amendment to exclude all circuits in dwelling unit bedrooms from the protection of arc-fault circuit interrupters, except those supplying receptacle outlets, which will safeguard cords and equipment that are plugged into the receptacle outlets;
* The Board adopts Article 334.10(3) with an amendment to delete the requirement of a thermal barrier for romex cable that is concealed in walls, floors or ceilings so that romex cable can be installed in a manner considered acceptable by the Board; and
* The Board does not adopt Article 334.12(A)(1), Uses Not Permitted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1153 and 1153-A
Public Hearing: None Scheduled
DEADLINE FOR WRITTEN COMMENTS: June 22, 2005
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


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 90, Physician Services
PROPOSED RULE NUMBER: 2005-P113
CONCISE SUMMARY: The Department proposes to require that physicians and their servicing providers performing services also covered under other Sections of MaineCare policy, such as chiropractic care, occupational therapy, physical therapy, and speech therapy, must meet requirements as specified in those Sections. The Department has also added language instructing physicians how to document rehabilitation potential, an eligibility requirement for some services for adults. The Department proposes to remove psychological services from covered services; while physicians may still counsel members regarding specific health concerns, this section is not intended to cover long-term psychotherapy services that are routinely offered by mental health providers. The Department has also added prior authorization criteria for some procedures. The proposed rules clarify that physicians may not bill members or other providers for documentation fees for completion of paper work required to complete prior authorization, or for documentation of rehabilitation potential, medical necessity, or other required services. The Department has also proposed other updates, such as requiring use of standard industry-wide Common Procedure Code (CPT) codes and modifiers.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rule-making documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Wednesday, June 8, 2005, 1:00 p.m., Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 3, 2005.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 19, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Bureau of Medical Services, 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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2005-140
CONCISE SUMMARY: These rules change 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 rule changes add a description of services and eligibility requirements for children currently receiving services through Intensive Temporary Out-of-Home Treatment Services (ITOOHTS). Finally, they 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/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 15, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
(207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual: Subsection 20.1, Prisoner Discipline - EMERGENCY
ADOPTED RULE NUMBER: 2005-141
CONCISE SUMMARY: The Maine Department of Corrections is, on an emergency basis, adopting a revision to the existing policy, procedures, and rules governing prisoner discipline pursuant to Title 34-A, MRSA 3032, to include as a sanction the removal of all previously grand fathered property from the facility upon the prisoner's conviction of a Class A or B disciplinary violation. The public will have the opportunity to comment on the changes to this rule through the concurrent proposed rule making process.
EFFECTIVE DATE: May 9, 2005
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: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual: Subsection 9.17, Organization and Use of Canine Units - Security
ADOPTED RULE NUMBER: 2005-142
CONCISE SUMMARY: The Maine Department of Corrections (MDOC) is repealing the existing rule governing the Organization and Use of Canine Units. The Maine Department of Corrections and the Maine Attorney General's Office have determined that this MDOC Policy does not need to be adopted as a rule pursuant to the Administrative Procedure Act (APA).
EFFECTIVE DATE: May 15, 2005
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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 330, Filing Requirements for Certificates of Public Convenience and Necessity for Electric Transmission Facilities and Standards for Granting Certificates
ADOPTED RULE NUMBER: 2005-142
CONCISE SUMMARY: Revisions to reflect changes to 35-A MRSA 3132 enacted because of electric industry restructuring and to update our filing requirements for petitions for Certificate of Public Convenience and Necessity to build transmission lines.
EFFECTIVE DATE: May 18, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. X Section 1, Benefit for People Living with HIV/AIDS
ADOPTED RULE NUMBER: 2005-144
CONCISE SUMMARY: The adopted rule adds mail order options for members receiving prescription drugs under this benefit. When obtaining brand-name prescription drugs through Department-approved mail order pharmacies, members may obtain a 90-day supply for a $20 co-payment per prescription, which will save members $10 per prescription. The co-payment will remain at $10 per month per prescription when obtaining drugs through a retail pharmacy, or when obtaining generic drugs through a Department-approved mail order pharmacy.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2005
TELEPHONE: June 1, 2005
AGENCY CONTACT PERSON: Linda Schumacher, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)