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Weekly Rulemaking Notices Contact Us Find It

April 5, 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: 10-144 - Maine Centers for Disease Control and Prevention, Division of Environmental Health
RULE TITLE OR SUBJECT: Ch. 293 (New), Lead Poisoning Prevention Fee Rule
PROPOSED RULE NUMBER: 2006-P70
CONCISE SUMMARY: These rules implement the Lead Poisoning Prevention Fee which will fund the program of the Lead Poisoning Prevention Fund. The fee will be paid by manufacturers, brand label owners and importers who sell or distribute paint in the state of Maine. The rules describe which persons are subject to the fee, the methods of calculating the fee, reporting and payment requirements, and establish a low quantity exemption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1322-F
PUBLIC HEARING: April 27, 2006, 9:00 a.m. 12:00 p.m., First floor conference room, 244 Water St., Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 8, 2006
AGENCY CONTACT PERSON: Andrew E. Smith, S.M., Sc.D., Division of Environmental Health, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5189


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 and III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2006-P71
CONCISE SUMMARY: This is a major rewrite of Ch. II. Changes include new terminology, such as the use of the terms MaineCare instead of Medicaid; removal of outdated information; removal of redundant sections such as information already contained in Ch. III, Sec. 45 and licensing rules; updates to ensure consistency with other sections of the MBM most notably Nursing Facility Services and criteria for patient education; moving the section covering Katie Beckett eligibility criteria to another section of the rule; requirements that physical, occupational and speech therapy services provided in a hospital meet all requirements for those services as outlined in applicable sections of the MBM, most notably eligibility for services; not allowing hospitals to provide outpatient durable medical equipment and supplies for use outside the home; and a requirement that hospitals bill using CPT and HCPCs codes the first quarter after the effective date of these rules. The Department is also proposing a definition of what hospital-based physician services are allowable, which comports with Federal Medicaid law and regulations.
In Ch. III, effective 7/1/05, for non-critical access hospitals 1) discharge rates are increased 2.47%; 2) inpatient prospective interim payments will be capped at 84.96% of calculated amount, instead of 117.5% of the previous year's PIP; and 3) effective 7/1/06, unless there is specific statutory direction, and subject to CMS approval, the Commissioner of DHHS will determine if an inflation adjustment to increase the discharge rate will be made, and the amount of that adjustment. Effective 7/1/05, subject to CMS approval, outpatient payments to public non-critical access hospitals equal allowable costs decreased by a factor of 11.65% rather than 10% to ensure compliance with the UPL. For critical access hospitals, the Department proposes to increase inpatient and outpatient payments to 117% of costs from 101% of costs and allocate $1,000,000, annually among these hospitals based on their relative share of MaineCare payments. The outpatient changes are subject to CMS approval. Subject to approval from CMS, effective 7/1/2006, for non-psychiatric hospitals, the proposed rules change the methodology for calculating DSH payments and provides for a cap of $200,000 on funds available for distribution. The proposed rules also clarify reporting requirements for cost reports and interim and final settlement procedures and include other minor clarifications and updates.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: Wednesday, April 26, 2006, 11:00 a.m.
Location: Conference Room #3, DHHS, 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 April 20, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. May 7, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Office of Maine Care Services
ADDRESS: 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)


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2006-P72
CONCISE SUMMARY: The Department proposed substantial changes to Section 65, Mental Health Services on December 27, 2005. During the public comment period the Department received many compelling comments, and has determined that some changes are required in the proposed rule before the rule can be adopted. In this rulemaking, the Department is proposing some additional changes to make necessary technical corrections and to address some commenter concerns. Because some of these changes are substantive or not consistent with the proposed rule, the Department is reopening the public comment period for an additional thirty days. When the public comment period is complete, the Department intends to adopt the attached rules, which combine both sets of proposed rulemakings into one final rule.
The changes that the Department addresses in this additional rulemaking are outlined below and are tracked in the attached rule. The Department is proposing the inclusion of additional credentialed staff, the grand-fathering of additional staff, pre authorization of Children's ACT services, rewording of the Assessment and Individual Treatment Plan sections, clarifying crisis expectations, and requirements of providers for services for deaf or hard of hearing members. The Department is also proposing other routine and technical corrections.
See http://www.maine.gov/bms/rules/provider_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
PUBLIC HEARING: None scheduled. Written comments will be accepted through May 7, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight, May 7, 2006
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner
AGENCY NAME: Office of Maine Care Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
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, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2006-130
CONCISE SUMMARY: As of January 1, 2006, 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 gave the authority under P.L. 2005, ch. 401 for the Department of Health and Human Services to adopt 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 measures essential to assure continued access to medically necessary prescriptions for its dually eligible members. These rules authorize the Department to act as an Authorized 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 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.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rule making documents.
EFFECTIVE DATE: April 1, 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)287-9362
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. 104, Maine State Services Manual: Section 2, Drugs for the Elderly Benefit, and Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2006-131
CONCISE SUMMARY: On January 1, 2006, Federal pharmacy benefits became 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 impacts benefits for participants of the Drugs for the Elderly (DEL) benefit.
The Maine State Legislature gave the authority under P.L. 1325, ch. 401 for the Department of Health and Human Services to adopt 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 measures essential to assure continued access to medically necessary prescriptions for its dually eligible members.
These rules permanently adopt rules that authorize the Department to act as an Authorized 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 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 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.
See: http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 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) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan
ADOPTED RULE NUMBER: 2006-132
CONCISE SUMMARY: In this rulemaking, the Commission amended Ch. 314 (Statewide Low-Income Assistance Plan) to provide financial assistance to low-income customers who must use an oxygen pump at least 8 hours each day.
EFFECTIVE DATE: April 2, 2006
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