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Home > Weekly Newspaper Notices > May 10, 2006

May 10, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
PROPOSED RULE NUMBER: 2006-P98
CONCISE SUMMARY: This rule updates the Medical Fee Schedule by incorporating the 2005 Current Procedural Terminology ("CPT") codes and portions of the 2005 Medicare RBRVS Report. It also defines inpatient, clarifies procedures relative to CPT disputes, and standardizes reimbursement for travel, lodging, and meals. This rule repeals and replaces Appendix III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2); §209
PUBLIC HEARING: Wednesday, May 31, 2006, 10:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, June 12, 2006, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #301, Food Stamp Certification Manual, Rev. #146P - # ABAWD 36-month period
PROPOSED RULE NUMBER: 2006-P99
CONCISE SUMMARY: This rule changes the measurement of the three-year time limit for Able Bodied Adults Without Dependents (ABAWDS). Instead of each individual having his or her own three-year time period, there will be a fixed time period for all ABAWDS. At the end of the fixed period, all ABAWDS will start with a new three-year period of potential eligibility. This change will have the effect of initially increasing eligibility for some recipients but will not decrease any recipient's eligibility time frame.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3104, 7 CFR 273.24(b)(3)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 9, 2006
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-149 - Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual
RULE TITLE OR SUBJECT: Section 10, The State Agency
PROPOSED RULE NUMBER: 2006-P100
CONCISE SUMMARY: The Office of Elder Services proposes to amend Section 10, The State Agency, as follows:
* Change agency name as required by law, P.L. 2005, ch. 412.
* Clarify, correct and update authorizing legislative and regulatory citations.
* As required by the federal Administration on Aging, for agreements beginning 7/1/06, amend the intrastate funding formula to update it, better reflect the growing percentage of people aged 75 and older in Maine’s population and add consideration for the rural nature of certain areas (rurality) in Maine in order to allocate service funds granted to Maine by the Administration on Aging as fairly and accurately as possible among the state’s five area agencies on aging.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Older Americans Act of 1965, 42 USCS §3001 et seq. as amended; 45 CFR Part 1321; 22 MRSA, ch. 1451, 1453, 1455, 1457; P.L. 2005, and ch. 412
PUBLIC HEARING: None scheduled. This is a re-submission of rules due to a missed statutory deadline. A public hearing was already held on 11/21/05. An additional change has made in Section 10.03(I) to restore language referencing the Independent Housing with Services Program.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 5:00 p.m. on June 12, 2006.
AGENCY CONTACT PERSON: John Baillargeon, Office of Elder Services, #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY:(207) 287-9234 or 1 (888) 720-1925
E-MAIL: john.baillargeon@maine.gov


AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual
RULE TITLE OR SUBJECT: Section 69, Services Office of Elder Administered Homemaker Services
PROPOSED RULE NUMBER: 2006-P101
CONCISE SUMMARY: The Office of Elder Services proposes the following amendments:
* Adds definition of Assessing Services Agency.
* Transfers responsibility for determination of eligibility from the Homemaking Agency to the Assessing Services Agency and sets forth responsibilities of the Assessing Services Agency.
* Eliminates the Task Time Allowances used in the authorization of the plan of care.
* Allows the Homemaking Agency to adjust the authorized plan of care within the monthly cap to meet an unexpected need of a consumer for up to 30 days at which time a revision must be requested.
* Adds definition of Significant Change to provide for an unscheduled assessment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chap. 1453
PUBLIC HEARING: May 31, 2006 at 10:00 a.m., Room 1-B, DHHS Bldg., 442 Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: June 12, 2006, 5:00 p.m.
AGENCY CONTACT PERSON: Mollie Baldwin, Office of Elder Services, #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: Mollie.Baldwin@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual, Rev. 232P - Sections 1500, 1511(II), 1530, 3200.07, 3560(II), 5090, and Chart III(L)
PROPOSED RULE NUMBER: 2006-P102
CONCISE SUMMARY: This rule change proposes:
1. A monthly premium requirement for children who are covered under the MaineCare Katie Beckett coverage group.
2. To eliminate 12 months continuous coverage for the Katie Beckett coverage group. This means that MaineCare coverage ends when the individual no longer meets eligibility requirements instead of continuing for 12 months, regardless of changes that take place.
3. To eliminate MaineCare coverage of up to 3 months prior to the month of application for the Non-Categorical coverage group.
4. To establish a 3-month waiting period before a child can re-enroll in the Katie Beckett coverage group. if the family drops private health insurance without good cause.
5. To reword related portions of the MaineCare Eligibility Manual to clarify their meaning.
6. Deletes old Spousal Living Allowance amounts (1998-2003) to make room for the new Katie Beckett premium chart.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and PL 2003, Ch. 20, Part ZZ
PUBLIC HEARING: Friday, May 26th, 2006. Starting at 9:00 a.m. at DHHS, Office of MaineCare Services, 442 Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: June 8, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE (207) 287-5054
TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Ch. 4.01(D), Hunting Seasons for Upland Game (Pheasant)
PROPOSED RULE NUMBER: 2006-P103
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule for the annual open season for the hunting of pheasant by repealing the prohibition on taking female pheasants during that season (October 1 – December 31) within Wildlife Management District 24. This was done as a result of legislative action to protect female pheasants in an effort to increase the population, which was not effective and is being repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 12, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #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 & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2006-P104
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule adding Wildlife Management District 17 to the fall wild turkey hunting zone as well as establishing 2 zones as follows: Zone 1 will consist of WMDs 15, 16, 17, 20, 24, 25 and 26 and Zone 2 will consist of WMDs 21, 22 and 23. The rule also establishes the dates for Zone 2 as follows: Starting 30 days prior to and extending to the Friday preceding the regular deer hunting season, which corresponds to the archery deer hunting season. The season dates for Zone 1 will remain the same as last year (from the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day) Any person who possesses an archery license as provided in 12 MRSA §11109 may purchase a wild turkey hunting permit to hunt during the fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, §11701
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 12, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Dirigo Health Agency Manual
SUBJECT: Dirigo Health Plan
CHAPTER NUMBER AND TITLE: Ch. 1, DirigoChoice Discount Program
PROPOSED RULE NUMBER: 2006-P105
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.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2003, Ch. 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: May 30, 2006 in the Dirigo Health Agency Conference Room A, located at 211 Water St. Augusta, ME
DEADLINE FOR COMMENTS: June 9, 2006
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


ADOPTIONS


AGENCY: 05-071 - Department of Education and State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 114, Policy, Procedures and Standards for the Review and Approval of Educational Personnel Preparation Programs
ADOPTED RULE NUMBER: 2006-164
CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement of the State Board of Education and the State of Board Education adopted procedures and standards for review and approval of higher education programs which prepare professional educators.
EFFECTIVE DATE: May 3, 2006
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6842


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 45, Hospital Services
ADOPTED RULE NUMBER: 2006-165
CONCISE SUMMARY: The Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public health, safety or general welfare.
In 2005, the Legislature determined that reimbursement rates to critical access hospitals would have to be increased because those hospitals were in fiscal distress, and may not have the funds to provide medical services to Maine's most vulnerable population. Accordingly; in 2005 the Department timely sought the required Centers for Medicare and Medicaid Services (CMS) approval of a State Plan Amendment (SPA), increasing the rates for critical access hospitals, to be effective July I, 2005. The Department has continued to work with CMS on approving this SPA. CMS has indicated that it will not approve the SPA unless and until the Department has adopted state regulations setting the reimbursement for public nonstate-government-owned critical access hospitals at 110% of outpatient cost in order to ensure that the reimbursement for public non-state government owned hospitals does not exceed the Medicaid upper payment limit. Accordingly, these emergency rules need to be adopted so that reimbursement to critical access hospitals can be increased, otherwise some critical access' hospitals may be forced to close, thus threatening the public health of the MaineCare population and other hospital patients.
This rule will make the rate for non-state-owned government critical access hospitals for outpatient services increase to 110% of costs, retroactive to 7/1/05, subject to CMS approving the SPA. This emergency rule will remain in effect for ninety (90) days while the Department promulgates rules through the Administrative Procedures Act process.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 1, 2006 through July 29, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Provider Services, 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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 531, Regulations for Wastewater Operator Certification
PROPOSED RULE NUMBER: 2006-166
CONCISE SUMMARY: This chapter governs the certification of persons qualified to operate public and private wastewater treatment plant in Maine. The chapter establishes criteria for determining a grade for each wastewater facility based on flows and pollutant loading. The chapter establishes criteria that must be met by a person wishing to be certified as qualified to operate a wastewater facility having a given grade.
The amended rule creates a new classification of wastewater treatment plant operator for small facilities using spray irrigation for treatment. By creating this class of operator, the Department allows owners and operators of campgrounds, trailer parks and seasonal industries that typically use this type of treatment to employ persons who are certified to operate spray irrigation facilities as described in the rule rather than requiring the hiring of a person certified to operate a conventional wastewater treatment. Since the type of treatment, and therefore the skills and knowledge necessary to properly operate spray irrigation systems, are different that the skills and knowledge necessary to operate a treatment system that discharges treated wastewater to a surface water body, establishing a new category of operators was necessary.
The fee structure for certification and renewal of wastewater treatment plant operators was removed from the chapter to facilitate transfer of the administration of the Wastewater Operator Certification Program to an outside organization.
EFFECTIVE DATE: May 8, 2006
AGENCY CONTACT PERSON: Richard Darling, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7806


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 Section102, Rehabilitative Services
ADOPTED RULE NUMBER: 2006-167
CONCISE SUMMARY: The Department is adopting a revision to language in Ch. II Section 102, Rehabilitative Services, concerning group services. The previous rule change adopted February 21, 2006 did not allow “other qualified staff” to conduct group sessions. The Department reconsidered the standards set in the previous rulemaking, and has added “other qualified staff” to the list of staff who may conduct group sessions. This decision is based on the current standard practice of all the providers of Rehabilitative Services.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 15, 2006
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner, Division of Policy and Provider Services, 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: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing Licensing and Functioning of Assisted Housing Programs
ADOPTED RULE NUMBER: 2006-168 through 172
CONCISE SUMMARY: Modification of Ch. 113; Regulations Governing the Licensing and Functioning of Assisted Housing Programs. Pursuant to 5 MRSA §20005(6), 22 MRSA §7853, 22 MRSA §8102(1), and 34-B MRSA §1203-A, the Department of Health and Human Services is promulgating proposed rules for assisted housing programs. These rules cover:
Assisted Living Programs
Level I Private 1 or 2 beds
Level II Private 3-6 beds
Level III 3-6 beds and employ more than 3 non related employees
Level IV 7 or more beds
The amendments to the rules:
* clarify the definition of unlicensed assistive personnel to include unlicensed health care assistive personnel;
* allow authority for a resident's legal representative to request additional services without 30 days' notice;
* 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;
* expand grievance rights to comply with a court order of November 2004 in the AMHI Consent Decree case (Bates v. DHHS);
* clarify requirements for notification of rights;
* expand mandatory report of rights violations to reflect the language in the statute;
* modify medication and treatment requirements to clarify monitoring of training, to clear up confusion regarding medication and medication administration records when residents are discharged from the facility; and to make storage and/or count of discontinued medications easier for the providers;
* add section regarding employment of C.N.A. and checking of credentials to comply with 22 MRSA §7851, sub-§4;
* modify requirements related weekly time schedules to reflect actual time worked by staff in the facilities; and
* make technical administrative changes and changes in grammar and punctuation.
EFFECTIVE DATE: June 1, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Certification, Community Services Programs Licensing, #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
E-MAIL: peter.mauro@maine.gov


AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch.·113, Regulations Governing Licensing and Functioning of Assisted Housing Programs
ADOPTED RULE NUMBER: 2006-173 through 176
CONCISE SUMMARY: Under authority of 5 MRSA §20005(6), 22 MRSA §7853, 22 MRSA §8102(1), and 34-B MRSA §1203-A, the Department of Health and Human Services is proposing amended rules for Private Non-Medical Institutions. These rules cover:
Level I Private Non-Medical Institutions that are 1 or 2 beds
Level II Private Non-Medical Institutions that are 3-6 beds
Level III Private Non-Medical Institutions that are 3-6 beds and employ more than 3 non-related employees
Level IV Private Non-medical Institutions that are 7 or more beds
The amendments to the rules:
* clarify the definition of unlicensed assistive personnel to include unlicensed health care assistive personnel;
* 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;
* expand grievance rights to comply with a court order of November 2004 in the AMHI Consent Decree case (Bates v. DHHS);
* clarify requirements for notification of rights;
* expand mandatory report of rights violations to reflect the language in the statute;
* modify medication and treatment requirements to clarify monitoring of training, to clear up confusion regarding medication and medication administration records when residents are discharged from the facility; and to make storage and/or count of discontinued medications easier for the providers;
* modify requirements related weekly time schedules to reflect actual time worked by staff in the facilities; and
* make technical administrative changes and changes in grammar and punctuation.
EFFECTIVE DATE: June 1, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Certification, Community Services Programs, #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
E-MAIL: peter.mauro@maine.gov