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Weekly Rulemaking Notices Contact Us Find It

September 21, 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/rules/.


PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 40, Home Health Services
PROPOSED RULE NUMBER: 2005-P203
CONCISE SUMMARY: In order to implement 22 MRSA 3174-FF, this rule proposes a rehabilitation potential prerequisite for adults receiving services reimbursed under this Section for occupational, physical and speech therapy services. This change may result in a reduction of services for members who do not meet the rehabilitation potential criteria. This rule also proposes to allow the provider agency to certify the second sixty days of eligibility for home health services. While parts of this rule are deemed major substantive, the changes proposed here are not major substantive.
See http://www.maine.gov/bms/rules/gen_rules_policies.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 and Resolve 2003, Ch. 109.
PUBLIC HEARING:
Date: October 14, 2005, 1 p.m.
Location: Conference Room 1A and B, 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 October 12, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 25, 2005
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner
AGENCY NAME: Office of MaineCare Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2005-P204
CONCISE SUMMARY: This proposed rule eliminates the requirement that fees be waived for clinical data sets and other data files for the Bureau of Insurance. Fees for data may be waived or reduced for all departments and agencies of government.
STATUTORY AUTHORITY: 22 MRSA 8704 sub-4 and 8706 sub-2(A)
RULE TITLE OR SUBJECT: Ch. 120, Release of Data to the Public
PROPOSED RULE NUMBER: 2005-P205
CONCISE SUMMARY: This proposed rule will be amended to allow individually identifiable practitioner data to be made available to the public by the Maine Health Data Organization.
STATUTORY AUTHORITY: 22 MRSA 8704 sub-4 and 8707
RULE TITLE OR SUBJECT: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2005-P206
CONCISE SUMMARY: This rule adds additional data elements and includes new modes of reporting the required data sets. Timelines, record formats and submittal requirements are also being modified. The proposed rule will entirely replace the existing language found in Ch. 241.
STATUTORY AUTHORITY: 22 MRSA 8704(4) and 8708
RULE TITLE OR SUBJECT: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2005-P207
CONCISE SUMMARY: This proposed rule will correct errors in the technical appendices and adds new data elements. It also excludes health care claims processors with less than 50 enrolled or covered Maine residents from filing health care claim data sets.
STATUTORY AUTHORITY: 22 MRSA 8704 sub-4 and 8708 sub-6-A
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
PROPOSED RULE NUMBER: 2005-P208
CONCISE SUMMARY: This proposed rule includes the addition of seven (7) health care associated infection quality measures for acute care hospitals. In accordance with the provisions of 22 MRSA, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council.
STATUTORY AUTHORITY: 22 MRSA 8704 sub-4 and 8708-A
RULE TITLE OR SUBJECT: Ch. 300, Uniform Reporting System for Hospital Financial Data
PROPOSED RULE NUMBER: 2005-P209
CONCISE SUMMARY: This proposed rule adds the requirement for all Maine Hospitals to complete and return annually the Maine Hospital Standardized Accounting Template, for both their consolidated and unconsolidated functions. The rule also eliminates the requirement for hospitals to report mammography data, and discounts rates and reduction of charges for MaineCare and Medicare.
STATUTORY AUTHORITY: 22 MRSA 8704(4) and 8709
RULE TITLE OR SUBJECT: Ch. 700, Criteria and Standards for Price Lists at Hospitals and Ambulatory Surgical Facilities
PROPOSED RULE NUMBER: 2005-P210
CONCISE SUMMARY: This proposed rule will establish specific procedures and standardize the manner of listing prices at hospitals and ambulatory surgical facilities for use by consumers.
STATUTORY AUTHORITY: 22 MRSA 1718
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: October 13, 2004 - 9:00 a.m., The Board Room Conference Room, The Senator Inn & Conference Center, 284 Western Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: October 24, 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


ADOPTIONS

AGENCY: 02-395 - Plumbers' Examining Board
CHAPTER NUMBER AND TITLE: Ch. 4, Installation Standards (also repeals Ch. 238, State of Maine Internal Plumbing Code)
ADOPTED RULE NUMBER: 2005-374 and 375
CONCISE SUMMARY: Pursuant to Resolve 2005, chapter 81, the Maine State Internal Plumbing Code provisionally adopted by the board on December 12, 2001 becomes effective on September 17, 2005. This new code replaces the code previously in effect and is based on the 2000 Uniform Plumbing Code developed by the International Association of Plumbing and Mechanical Officials.
EFFECTIVE DATE: September 17, 2005
AGENCY CONTACT PERSON: Cheryl Hersom
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures; Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2005-379 and 380
CONCISE SUMMARY: These amendments: clarify those goods and services which are considered in-kind contributions to candidates and political committees; offer guidance on when to report expenditures, including goods and services purchased before the primary election that will be used for the general election; amend the reporting schedule for small independent expenditures, and require additional information for independent expenditures reported in the last seven days before an election; instruct independent spenders how to allocate the costs of communications which relate to multiple candidates; offer guidance on the presumption that communications naming candidates in the last 21 days before the election are independent expenditures; clarify the prohibition on accepting contributions from lobbyists during the legislative session; modify the requirements for seed money and qualifying contributions; place further limitations on expenditures of Maine Clean Election Act funds; and establish policies regarding write-in candidates.
EFFECTIVE DATE: October 12, 2005
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-4179