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Weekly Rulemaking Notices Contact Us Find It

January 11, 2006
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: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 6.6, Payment of Restitution or Fines
PROPOSED RULE NUMBER: 2005-P359
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing payment of restitution or fines pursuant to Title 17-A MRSA Section 1330 and 34-A MRSA Sections 3035, 3809-A, and 4111.
A provision was added for continuing to collect joint and several restitution when the persons ordered to pay have not paid equal shares in order to equalize the contributions. It was also clarified that collection of a fine also includes collection of victim's compensation fund assessment and that oldest active docket means the docket with the oldest sentence or disposition start date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17-A MRSA Section 1330 and 34-A MRSA Sections 3035, 3809-A, and 4111.
PUBLIC HEARING: February 2, 2006, from 8 a.m. - 9 a.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 15, 2006
AGENCY CONTACT PERSON: Esther Riley
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4681


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 20.1, Prisoner Discipline
PROPOSED RULE NUMBER: 2005-P360
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing prisoner discipline pursuant to Title 34-A, MRSA, Section 3032. These revisions include the addition of new disciplinary violations, modification of the class of several disciplinary violations, clarification of and minor revisions to the disciplinary and appeal process, and addition of monetary sanctions for two classes of violations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA Section 3032
PUBLIC HEARING: Thursday, February 2, 2006, from 10 a.m. - 11 a.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 15, 2006
AGENCY CONTACT PERSON: Esther Riley
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4681


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 12, Policy and Procedures Manual- Juvenile: Subsection 15.3 (formerly Ch. 10 Subsection 15.3), Resident Discipline System
PROPOSED RULE NUMBER: 2005-P361
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing resident discipline pursuant to Title 34-A, MRSA, Section 3032. These revisions include the addition of new disciplinary violations, modification of the class of several disciplinary violations, clarification of and minor revisions to the disciplinary and review process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA Section 3032
PUBLIC HEARING: Thursday, February 2, 2006, from 9 a.m. - 10 a.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 15, 2006
AGENCY CONTACT PERSON: Esther Riley
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4681


AGENCY: 02-285 - State Board of Veterinary Medicine
RULE TITLE OR SUBJECT: Amendments to Ch. 1, Definitions, and Ch. 3, Registration Requirements for Veterinary Technicians; Repeal and Replacement of Ch. 2, License Requirements for Veterinarians and Permit for Performance of Relief Veterinary Service.
PROPOSED RULE NUMBER: 2005-P362 and P364
CONCISE SUMMARY: The primary purpose of this rulemaking proceeding is to implement in new Ch. 2 the provisions of PL 2003, c. 251 that provide an alternate licensing pathway for graduates of foreign veterinary schools that are not accredited by the American Veterinary Medical Association Council on Education. The proposed rules also:
- Adopt a procedure for licensure by endorsement;
- Impose a 30-day waiting period for re-take upon failure to pass the jurisprudence examination;
- Remove a late renewal provision applicable to veterinary technicians; which area is now dealt with by Ch. 11 of the rules of the Office of Licensing and Registration, entitled "Late Renewals;"
- Remove license renewal and expiration requirements which are already addressed in 32 MRSA 4863 and rules Ch. 11;
- Reorganize new Ch. 2 for clarity;
- Remove the definition of "in good standing" from Ch. 1; and
- Make other changes to the application and licensing procedures for veterinarians and veterinary technicians.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4859, 4861, 4871(2)
PUBLIC HEARING: February 1, 2006, 9:00 a.m. at the Department of Professional and Financial Regulation, 122 Northern A venue, Gardiner, Maine
DEADLINE FOR COMMENTS: February 13, 2006
AGENCY CONTACT PERSON: Jeri L. Betts, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 109 (Regulation #9), Advertising by Financial Institutions, Financial Institution Holding Companies and Subsidiaries or Service Corporations
PROPOSED RULE NUMBER: 2006-P1
CONCISE SUMMARY: This regulation repeals and replaces Ch. 109, Regulation #9, which was last amended in 1986. Since 1986, a number of state and federal laws and rules governing distribution of nondeposit investment products have been promulgated. In addition, disclosure and advertising requirements for credit-related products have also been strengthened. Therefore, this regulation narrows the focus of the Bureau advertising guidelines to deposit products and services. It also adopts advertising guidelines for consumer deposit accounts similar to the rules issued under federal law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA 215, 241, and 242
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: February 11, 2006
AGENCY CONTACT PERSON: Colette L. Mooney
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

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. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2005-542
CONCISE SUMMARY: On January 1, 2006, Federal pharmacy benefits will be available through Medicare Part D. Medicare Part D statute no longer allows states to cover those pharmacy services covered under Medicare Part D under their state Medicaid programs for individuals who are dually eligible for the Medicare Part D benefit and Medicaid. The Maine State Legislature has given the authority under LD 1325 for the Department of Health and Human Services to adopt emergency rules that allow the Department to take measures to assure that dually eligible members will continue to receive all benefits available to them either through Medicare Part D or through state funded benefits.
The Department deems these emergency measures essential to assure continued access to medically necessary prescriptions for its dually eligible members. These emergency rules authorize the Department to act as an authorize representative to enroll MaineCare members into a Medicare Part D plan, apply for Medicare Part D benefits and subsidies on their behalf, and at the Department's discretion, file exceptions and appeals on behalf of MaineCare members who are beneficiaries under Medicare Part D.
These emergency rules also clarify that the Department will continue to reimburse drugs excluded from Medicare Part D coverage for dually eligible members so long as those drugs are covered under MaineCare. This emergency rule will remain in effect for ninety 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: January 1, 2006 through March 31, 2006
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}287-9360
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. 104, Maine State Services Manual: Section 2, Drugs for the Elderly Benefit, and Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2005-543
CONCISE SUMMARY: On January 1, 2006, Federal pharmacy benefits will be available through Medicare Part D. Medicare Part D statute no longer allows states to cover those pharmacy services covered under Medicare Part D under their state Medicaid programs for individuals who are dually eligible for the Medicare Part D benefit and Medicaid. The implementation of Medicare Part D will also impact benefits for participants of the Drugs for the Elderly (DEL) benefit.
The Maine State Legislature has given the authority under LD 1325 for the Department of Health and Human Services to adopt emergency rules that allow the Department to take measures to assure that dually eligible members will continue to receive all benefits available to them either through Medicare Part D, MaineCare, or other state funded benefits. The Department deems these emergency measures essential to assure continued access to medically necessary prescriptions for its dually eligible members.
These emergency rules authorize the Department to act as an authorize representative to enroll DEL participants into a Medicare Part D plan, apply for Medicare Part D benefits and subsidies on their behalf, and at the Department's discretion, file exceptions and appeals on behalf of participants who are beneficiaries under Medicare Part D. These emergency rules also clarify that the Department will continue to reimburse for drugs excluded from Medicare Part D coverage if otherwise covered under this benefit for participants not eligible for Medicare Part D.
These emergency rules also create a new Section of Ch. 104 entitled Maine Part D Wrap Benefits, detailing benefits the Department will provide to assure comprehensive pharmacy benefits for Medicare Part D participants. These emergency rules will remain in effect for ninety days while the Department promulgates rules through the Administrative Procedure Act process.
See: http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2006 through March 31, 2006
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) 287-9360
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, Division of Licensing and Certification Community Services
CHAPTER NUMBER AND TITLE: Ch. 117, Regulations Governing the Licensing and Functioning of Adult Day Services Programs
ADOPTED RULE NUMBER: 2005-544
CONCISE SUMMARY: The proposed amendments to these rules:
* Reflect the name of the merged DHS and DBDS licensing units into the Division of Licensing and Certification, Community Services Programs;
* Reflect the new name of the merged Department of Health and Human Services;
* Make changes to the definitions to support other changes to the rules;
* Modify Section 2 (obtaining a license) to correspond to current practices and to add an informal review process for waiver denials;
* Modify Section 3 (provisional license) for consistency across regulations, to reflect current practice and statute, and to add processes that govern reapplication and prior approval;
* Modify Section 5 for consistency with similar regulations for assisted housing programs;
* Modify Section 6 for consistency with similar regulations for assisted housing programs and to recognize that many adult day programs are located within existing licensed facilities;
* Modify Section 7 to make the portion of the regulation concerning consumer rights consistent with similar regulations for assisted housing programs;
* Modify Section 8 to comply with 22 MRSA 7851(4), which prohibits licensed adult housing programs from employing those barred from such employment because of past criminal activity, or substantiated allegations of abuse, neglect, or misappropriation of property in a health care setting.
EFFECTIVE DATE: January 4, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Programs
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9250
TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 10-144 - Department of Health & Human Services
CHAPTER NUMBER AND TITLE: Ch. 1 Section VII.B.5.a., Office of Administrative Hearings, Administrative Hearing Regulations
ADOPTED RULE NUMBER: 2006-2
CONCISE SUMMARY: In order to comply with Federal law, which requires that a final MaineCare appeal decision be rendered ordinarily within 90 days of the date of request for hearing, the Department proposes to shorten the time the parties have for filing of exceptions and responses to the recommended decision.
The Department proposes to shorten the time for the parties to file exceptions and responses to a MaineCare recommended decision from 20 days from the receipt of the recommended decision to within 15 calendar days after the date of the mailing of the recommended decision.
Also, the time for filing exceptions and responses to all other non-MaineCare recommended decision remains at 20 calendar days, however, the Department proposes to change the count to begin on the day after the recommended decision is mailed in order to be consistent throughout this rule.
Finally, the Department proposes to allow the Chief Administrative Hearing Officer the discretion to grant a continuance for the filing of exceptions and responses based on good cause or if all parties are in agreement.
EFFECTIVE DATE: January 23, 2006
AGENCY CONTACT PERSON: James D. Bivins
AGENCY NAME: Department of Health & Human Services
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3610


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: Enrollment in Medicare as a Condition of Eligibility for MaineCare, Rev. #228E
ADOPTED RULE NUMBER: 2006-3
CONCISE SUMMARY: This rule implements changes necessary to facilitate coordination of MaineCare benefits with the new Medicare Prescription Drug Benefit also known as Medicare Part D, which starts on January 1, 2006. It establishes as a condition of MaineCare eligibility that individuals potentially eligible for Medicare Parts A, B, and/or D must enroll in these programs so long as they are eligible for MaineCare to pay their Part A and/or B premiums, copays, and deductibles. It also removes the asset test for the QMB, SLMB and QI-1 eligibility groups. This rule is effective January 1, 2006.
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 333, MaineCare Eligibility Manual: Low Cost Drugs for Elderly and Disabled (DEL), Rev. #226A
ADOPTED RULE NUMBER: 2006-4
CONCISE SUMMARY: This rule enrolls in Low Cost Drugs for Elderly and Disabled (DEL), those who are enrolled in MaineCare and Medicare. It allows DEL to supplement the Medicare Prescription Drug Benefit for this group. This rule is effective 1/1/2006.
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 12, Communications Devices for People with Disabilities Program Rules
ADOPTED RULE NUMBER: 2006-5
CONCISE SUMMARY: Amendments to rules governing communications devices for people with disabilities to include provisions regarding the emergency alert service charge discount program for low income deaf and hard of hearing individuals.
EFFECTIVE DATE: January 11, 2006
AGENCY CONTACT PERSON: Alice Crandall Johnson
AGENCY NAME: Bureau of Rehabilitation Services, Division of Deafness
ADDRESS: 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5966


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care 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: 2006-6
CONCISE SUMMARY: This rule permanently adopts emergency rules effective for the period of October 14, 2005 - January 11, 2006 that (1) extended the implementation date for the reduction in coverage to all non-categorical members to December 5, 2005, and (2) allowed non-categorical members who requested MaineCare based on disability prior to November 15, 2005 to continue to get full coverage pending a final disability determination decision.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 11, 2006 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)