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Home > Weekly Newspaper Notices > June 14, 2006

June 14, 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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites
PROPOSED RULE NUMBER: 2006-P142
CONCISE SUMMARY: This rulemaking amends the current Department of Education Regulation in the following areas:
- Deletes the State set aside for training, staff development, and capital improvement
- Amends the method of distribution for Administrative and Direct services for FY 07
- Deletes the language regarding a phase in
- Revises the targeted needs section to be articulated as Hardship funds and deletes a Peer review
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7005(1); Public Law Chapter 662, Sec.B-1
PUBLIC HEARING): July 5, 2006, 10 a.m. -12 noon, Room 105, Cross State Office Building, Augusta, Maine
DEADLINE FOR COMMENTS: July 14, 2006
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, ME 04333
TELEPHONE: (207) 624-6669



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. #233P: Annual Adjustments to Spousal Impoverishment Rules and HIV Premiums
PROPOSED RULE NUMBER: 2006-P143
CONCISE SUMMARY: For Nursing Facility Residents: the minimum amount of monthly income that can be sent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
The HIV Limited Benefits premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 14, 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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS



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 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
ADOPTED RULE NUMBER: 2006-235
CONCISE SUMMARY: The Maine State Legislature has deemed Chapter III, Section 50 (7074), ICFMR, major substantive rulemaking, and as such, the rule was provisionally adopted by the Department on February 28, 2006 and then submitted to the Legislature for final approval. Subsequently, LD 2062 was resolved (LR 3229) by the Legislature and the Department is now permanently adopting this rule change.
The rule allows fifty percent (50%) of audited cost savings to be retained by Intermediate Care Facilities for the Mentally Retarded that demonstrate the ability to generate such cost savings in their operation.
Because this change, when adopted, would change the methodology for reimbursement to Medicaid providers, the Department published a "Notice to Change in Methodology" as required by federal Medicaid law.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Jane Connors, 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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2006-236
CONCISE SUMMARY: The Commission amends Ch. 895, the Underground Facility Damage Prevention Requirements Rule, to carry out the directives in P.L. 2005, ch. 334. The legislation directs changes to four procedures associated with underground facility damage prevention procedures in Maine: alternative notice requirement procedures for excavation; newly installed underground facilities in active excavation areas; penalties; and discovered facilities.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 12-150 - Department of Labor, Bureau of Rehabilitation Services, Division for Blind and Visually Impaired
CHAPTER NUMBER AND TITLE: Ch. 101, Rules Governing Vocational Rehabilitation Services for Individuals Who Are Blind or Visually Impaired
ADOPTED RULE NUMBER: 2006-237
CONCISE SUMMARY: Repeal and replace of rules governing the provision of vocational rehabilitation services for individuals who are blind or visually impaired. The rules govern the delivery of vocational rehabilitation services to persons who are blind or visually impaired in achieving an employment outcome. Modifications reflect changes to federal regulations.
CHAPTER NUMBER AND TITLE: Ch. 105, Rules Governing Independent Living Services for Individuals Who Are Blind or Visually Impaired
ADOPTED RULE NUMBER: 2006-238
CONCISE SUMMARY: Repeal and replace of rules governing the provision of independent living services for individuals who are blind or visually impaired. The rules govern the delivery of rehabilitation services to persons who are blind or visually impaired in preserving and enhancing independent living. Modifications reflect federal legislation and regulations.
EFFECTIVE DATE: June 10, 2006
AGENCY CONTACT PERSON: Paul E. Cote, Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950