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Weekly Rulemaking Notices Contact Us Find It

October 12, 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: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. (New), Dirigo Health Agency Manual
SUBJECT: Dirigo Health Plan: Definition of Paid Claims for Savings Offset Payment
PROPOSED RULE NUMBER: 2005-P241
CONCISE SUMMARY: These rules define Paid Claims for the purpose of the first year savings offset payment assessment.
STATUTORY AUTHORITY: Public Laws 2005, Chapter 400 S.P. 555 - L.D. 1577, An Act To Modify Savings Offset Payments and To Clarify Certain Other Provisions of the Dirigo Health Act.
PUBLIC HEARING: November 1, 2005 at 9:00 a.m. in the Dirigo Health Agency Conference Room A located at 211 Water Street, Augusta, ME
SUBJECT: Dirigo Health Plan: Criteria for Receiving Services under DirigoChoice
PROPOSED RULE NUMBER: 2005-P242
CONCISE SUMMARY: These rules, adopted pursuant to the Dirigo Health Act, establish criteria for receiving services under DirigoChoice. These rules also establish eligibility criteria for the financial discount program provided by Dirigo Health Agency, and describe the complaint process in place for appealing decisions made concerning financial discounts.
STATUTORY AUTHORITY: Public Laws 2003, Chapter 469 H.P. 1187 - L.D. 1611, An Act To Provide Affordable Health Insurance to Small Businesses and Individuals and To Control Health Care Costs
PUBLIC HEARING: November 1, 2005 at 1:30 p.m. in the Dirigo Health Agency Conference Room A, located at 211 Water St., Augusta, ME
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: November 14, 2005
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director
AGENCY NAME: Dirigo Health Agency
ADDRESS: 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 2, Rules for Administrative Hearings
PROPOSED RULE NUMBER: 2005-P243
CONCISE SUMMARY: These rules describe the conduct of civil administrative hearings held by the Bureau of Motor Vehicles pursuant to Title 29-A MRSA and Title 5 MRSA Ch. 375, Subchapter IV, to deny, suspend, revoke, probate or otherwise modify a license, certificate, registration certificate or plate, motor vehicle driver's license, permit, certificate of title, operating authority, license or fuel identification decal.
These rules set out legal notice requirements, discovery provisions, conduct of hearings, the presentation of evidence, the creation of a hearing record, issuance of decisions, and appeal rights.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A MRSA §153
PUBLIC HEARING: November 2, 2005 at 10 a.m. at the first floor hearing room of the Augusta office of the Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 2, 2005
AGENCY CONTACT PERSON: Susan Cookson, Assistant Director, Driver License Services
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9093


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.09, Transportation of Certain Wildlife and Fish into Maine from Outside of the State
PROPOSED RULE NUMBER: 2005-P244
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt rules that restrict the transportation of cervid carcasses and parts into Maine as allowed under 12 MRSA §§ 10051, 10103 sub-§2, and 10104 sub-§1. This proposed rule defines the parts of cervid carcasses that may be transported into Maine from other jurisdictions that pose a risk to Maine's wildlife from Chronic Wasting Disease (CWD). The rule would allow all parts of cervids normally used by hunters to be brought into the state. A copy of the proposal may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 11, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft Regulations: Motor Size Restrictions on Certain Inland Waters
PROPOSED RULE NUMBER: 2005-P245
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Hosmer Pond, Town of Camden:
Motorboats over 10 horsepower prohibited.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §13051
PUBLIC HEARING: November 2, 2005; Camden Town Office, Washington Street, Camden - 6:30 p.m.
DEADLINE FOR COMMENTS: November 14, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: 09-137 – Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access & Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #225P
PROPOSED RULE NUMBER: 2005-P246
CONCISE SUMMARY: This rule proposes a number of changes limiting eligibility to MaineCare as authorized by the Maine Legislature. Major areas affected are transfer of assets, allocation of assets between spouses, treatment of trusts, annuities, self employment, burial funds. The rule also clarifies other areas of policy: Transitional MaineCare, cost of care in residential care facilities and nursing facilities, premiums for the Limited (HIV) Benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 11, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 29-250 - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 170, Pilot Project to Allow Commercial Vehicles at the Canadian Weight Limits to Travel from the Canadian Border at Calais to Baileyville
ADOPTED RULE NUMBER: 2005-400
CONCISE SUMMARY: This rule implements the pilot project created by Ch. 421, PL 2005. Ch. 421 authorizes the operation of two truck configurations at certain Canadian weight limits between the Canadian border at Calais, and the Domtar mill in Baileyville.
Ch. 421 is repealed on December 31, 2010.
The purpose of this rule is to establish the permit fees required pursuant to Ch. 421; and to establish administrative and safety requirements.
EFFECTIVE DATE: October 9, 2005
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 530, Surface Water Toxics Control Program, and Ch. 584, Surface Water Quality Criteria for Toxic Pollutants
ADOPTED RULE NUMBER: 2005-401 and 402
CONCISE SUMMARY: These two new rules replace the existing Ch. 530.5. Ch. 530 establishes applicability and effluent testing requirements for the discharge of toxic pollutants by certain municipal, industrial and other sources. Test types, frequencies and waivers to testing are covered. Procedures for establishment and expression of effluent limits are described. Most of these elements are carried forward from the existing Ch. 530.5 with modifications based on past experience. The rule also creates new procedures for allocation pollutant loads among multiple discharge sources into the same fresh receiving water or its tributaries. In doing so, provisions are made for background concentrations of pollutants and reserve assimilative capacity for new and non-point discharges. Ch. 584 contains statewide ambient water quality criteria for various toxic pollutants, set based on EPA information and methodology. Adjustments are made for fish consumption rates and physical water characteristics in Maine. The rule also has procedures for establishment of alternate statewide and site-specific water quality criteria.
EFFECTIVE DATE: October 9, 2005
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.l.merrill@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I, General Administrative Policies and Procedures, Section 1.04-1, Additional Considerations for Eligibility
ADOPTED RULE NUMBER: 2005-403
CONCISE SUMMARY: The adopted rule reduces the number of covered services for non-categorical adults receiving MaineCare coverage under the Health Insurance Flexibility and Accountability (HIFA) waiver. The new list of covered services includes the following: hospital; vision; physician; pharmacy; ambulatory surgical center; ambulatory care clinic; substance abuse treatment; rural health center; advanced practice nurse practitioner; federally qualified health clinic; family planning agency; outpatient mental health; dental (emergency only); chiropractic; and transportation to covered services. In addition, the rule adopts limits on certain services only for non-categorical adults.
See http://www.maine.gov/bms/rules/gen_recently_adopted.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 14, 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) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2005-404
CONCISE SUMMARY: The adopted rule made changes to the cost of living adjustment (COLA) for nursing facilities. Specifically, in circumstances where the wage and benefit portion of COLA is recovered, the recovery is limited to the percentage of the COLA that exceeds the increase in wages and benefits provided to frontline employees.
The adopted rule expands the definition of a hospital affiliated nursing facility to include those facilities that have ambulatory care services and nursing facility beds located within the same building or whose nursing facility beds were previously part of a hospital prior to 2005.
The rule will require facilities to include private pay rates for semi-private rooms on the uniform fiscal cost reports that are submitted to the Department every year. This information will assist the Department in its ongoing evaluation of the fiscal parameters of long-term care benefits in the MaineCare program.
The rule makes corrections to the activities of daily living (ADL) schedule as it relates to the case mix classification so that the prospective per diem rate conforms to the current reimbursement schedule.
There is no fiscal cost associated with this specific change.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 12, 2005
AGENCY CONTACT PERSON: Jane Connors, 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)-287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Emergency Rule – Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Transportation Services
ADOPTED RULE NUMBER: 2005-405
CONCISE SUMMARY: Pursuant to 5 MRSA §8054, the Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public heath, safety or general welfare. This public health, safety or general welfare emergency arises from the current energy crisis and rising fuel costs for family and volunteer transportation services. The Department's findings with regard to the existence of an emergency if the Department does not immediately enact this rule is as follows:
With the rising cost of fuel, family and volunteer drivers are discontinuing transportation to medically necessary services. The reduction of individuals providing these crucial services has resulted in the inability of transportation agencies to enlist adequate alternative transportation for these members. Some transportation agencies are also in immediate jeopardy of being forced to discontinue their business operations. This in turn, places MaineCare members at risk of not being able to obtain transportation to medically necessary covered services. The Department has increased the mileage rate for family and volunteer transportation services to alleviate this situation from $0.15 to $0.22 cents per mile for family vehicles and from the State's set rate to $0.44 cents per mile for volunteer vehicles.
This emergency rule will remain in effect for ninety (90) days while the Department promulgates rules through the Administrative Procedure Act process.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 4, 2005 - January 1, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive 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) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 21, General Hearing Procedure
ADOPTED RULE NUMBER: 2005-406
CONCISE SUMMARY: This rule delegates to the Chair of the Maine Harness Racing Commission emergency authority to suspend a license, pursuant to 5 MRSA §10004(5)(B). Section 10004(5)(B) grants an agency regulating a sporting event the ability to take summary licensure action against a person who has engaged in administration or use of drugs prohibited by rules of the sport.
EFFECTIVE DATE: October 5, 2005
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health
CHAPTER NUMBER·AND TITLE: Ch. 203, Rules Relating to the Retail Sale and Delivery of Tobacco Products in Maine
ADOPTED RULE NUMBER: 2005-407
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules to address recent statutory changes which govern the retail sale of tobacco products in the State of Maine, to make permanent certain emergency rulemaking provisions adopted on July 1, 2005, and to conform to a recent federal court decision that invalidated statutory authorization for regulation of delivery sale of tobacco products.
EFFECTIVE DATE: October 10, 2005
AGENCY CONTACT PERSON: Rebecca Vigue
AGENCY NAME: Division of Environmental Health
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-1978


AGENCY: 12-170 - Maine Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 15, Rules Relating to Severance Pay
ADOPTED RULE NUMBER: 2005-408
CONCISE SUMMARY: Provides procedures for determining the date of termination or relocation, employee eligibility and payments under the Severance Pay Law.
EFFECTIVE DATE: November 5, 2005
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406