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Home > Weekly Newspaper Notices > July 5, 2006

July 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 16-163 - Emergency Medical Services (CORRECTION)
RULE TITLE OR SUBJECT: Maine Emergency Medical Services System Rules, Ch. 2, 3-A, 5-A, 9-A
PROPOSED RULE NUMBERS: 2006-P161 through P164
The rule-making notice published on June 28 erroneously reported a July 20 hearing to be held at Eastern Maine Medical Center. The correct information follows:
* Thursday, July 20, 2006 – Eastern Maine Community College, Rangeley Hall, Room 501B, Sylvan Road, Bangor, Maine at 3:00 p.m.
DEADLINE FOR COMMENTS: August 1, 2006
AGENCY CONTACT PERSON: David Kingdon, Maine Emergency Medical Services, 152 State House Station, Augusta, ME 04333-0152
TELEPHONE: (207) 626-3866
FAX: (207) 287-6251



AGENCY: 14-197 - Department of Health and Human Services, Office of Adults with Cognitive and Physical Disability Services
RULE TITLE OR SUBJECT: Ch. (New), Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Mental Retardation or Autism – repeals and replaces Ch. 6 and 9
PROPOSED RULE NUMBER: 2006-P166 and P167
CONCISE SUMMARY: Currently the Department has two sets of regulations regarding reportable events and the adult protective services system. They are Regulations Governing Adult Protective Assessments & Investigations for Persons with Mental Retardation or Autism (14-197 CMR Ch. 6) and the Reporting, Investigation, and Review of Reportable Events Policy (14-197 CMR Ch. 9). The new regulation combines these two regulations into one (and thus repeals current Ch. 6 and 9). The regulation has also been updated to incorporate an appeals process for those direct support professionals who have been substantiated by the Department for abuse, neglect or exploitation of persons with mental retardation or autism.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 18-A MRSA §§ 5-312, 5-601, 5-606, 5-607; 22 MRSA §§ 3470-3492, 7921-24; 34-B MRSA §§ 1205, 3803, 3832, 5003, 5203, 5480, 5601-06
PUBLIC HEARING: 2:00 – 4:00 p.m., July 26, 2006, Department of Health & Human Services, Office of Adults with Cognitive & Physical Disability Services, Room 1A, First Floor Marquardt Building, 32 Blossom Lane, Augusta. This room is handicapped accessible. Persons requiring additional accommodations, including ASL interpretation, must notify the contact person no later than July 18, 2006 to make arrangements.
DEADLINE FOR COMMENTS: August 7, 2006
AGENCY CONTACT PERSON: Mary Crichton, Office of Adults with Cognitive and Physical Disability Services, Marquardt Building, 2nd Fl., 32 Blossom Lane, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4218 (V)
TTY: 1 (800) 606-0215



Note: the following proposal was withdrawn on July 14 and the hearing cancelled.
AGENCY: 05-071 – Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Maine Unified Special Education Regulation
PROPOSED RULE NUMBER: 2006-P168
CONCISE SUMMARY: This rule governs the administration of the Childfind system for children age birth to twenty, the provision of early intervention services to eligible children birth to under age 3 (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty with disabilities and their families, implementing 20-A MRSA Ch. 301, and 303 and amendments thereto of Department of Education Statutes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005 and Public Law Ch. 662, Section B-1
PUBLIC HEARING: July 24, 2006 10-12 noon, 103 Cross State Office Building, State House Campus. Contact – Bob McIntire – (207) 624-6778, cell (207) 592-4718
ATM Sites
University of Maine
- ATM Room, Basement of Shibles Hall, Orono, Maine. Parking passes required, see Public Safety - Park Street entrance.
Contact Anne Perloff – (207) 561-3584 - anne.perloff@maine.edu
Gov. Baxter School for the Deaf, Governor Baxter ATM Room. Directions available at the Gatehouse.
Contact: Steve Angell – (207) 781-6209 - stephen.angell@fc.baxter.pvt.k12.me.us
Captioning – Barbara Keefe – (207) 781-6329 - barbara.keefe@fc.baxter.pvt.k12.me.us
Video Conference Sites
UMPI – 213 Pullen Hall. Use North Parking Lot - Pullen Hall connects with Folsom Hall
Contact: Ed Dery – (207) 768-9648 – dery@polarius.umpi.maine.edu
Machias High School, ATM room 3 - 106 Court St. Park in the front lot next to the school signs. Through the front door, last room on right.
Contact: Jaimie Moores – (207) 255-3812 – jmoores@msln.net
DEADLINE FOR COMMENTS: August 3, 2006
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, ME 04333
TELEPHONE: (207) 624-6669



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #08-06
PROPOSED RULE NUMBER: 2006-P169
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: July 21, 2006, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 21, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



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 Section 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2006-P170
CONCISE SUMMARY: This rule change updates billing and reimbursement instructions, including correcting a coding modifier used for billing, from "F" to "SG." The Department also made technical corrections for clarification.
See http://www.maine.gov/dhhs/bms/rules/gen_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, PL 2003 Ch. 673 Part MM
PUBLIC HEARING: Tuesday, July 25, 2006, 9:00 a.m., Conference Room #3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 20, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., Monday, August 7, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner II, Office of MaineCare Services, 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 or 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. II and III Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2006-289
CONCISE SUMMARY: This final rule combines two proposed rules, December 6, 2005 and March 21, 2006 into one final rule. DHHS adopted major changes to these Sections that establish two new services 65A.02(M) "Child & Family Behavioral Health Treatment, " and 65A.02(N) "Community Based Treatment for Youth Without Permanency." Children currently receiving services from Sections 65A.02(G) and 65A.02(H) will be transitioned to these new services, and upon the adoption of these rules, no new referrals will be accepted into the two sections being phased out.
DHHS added language to Adult Mental Health Services that addresses the need for home-based outpatient mental health services. The adopted rule also lists updated codes and the rates for mental health services in Ch. III. The Department increased the rates for new children's services in the final rule after consideration of provider comments and reanalysis of the proposed rate structure.
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: Ginger Roberts, Health Planner, Division of Policy, Office of Maine Care Services, 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/Hard of Hearing)



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule or Minimum Prices, Order #07-06
ADOPTED RULE NUMBER: 2006-290
CONCISE SUMMARY: Minimum May 2006 Class I price is $14.59 plus $1.16/cwt. for Producer Margins, an over-order premium of $1.10/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $18.45 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287·7521



AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual, Section 69: Office of Elder Services Homemaker Program
ADOPTED RULE NUMBER: 2006-291
CONCISE SUMMARY: These rule amendments transfer responsibility for determination of eligibility from the Homemaker Agency to the Assessing Services Agency and set forth the responsibilities of the Assessing Services Agency. The Assessing Services Agency is the entry point for long term care services. This change frees up administrative overhead for the Homemaker Agency without incurring additional cost; provides data collection on consumers entering the long-term care system at this level of care; provides greater consistency to other long term care programs; and separates eligibility determination and care planning. A definition of Assessing Services Agency has been added. These amendments also eliminate the Task Time Allowances which are not effective due to the monthly limit on hours and the limited scope of covered services. These amendments also allow the Homemaker 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. These amendments add a definition of Significant Change to provide for an unscheduled assessment
EFFECTIVE DATE: July 2, 2006
AGENCY CONTACT PERSON: Mollie Baldwin, Office of Elder Services, #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925



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 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2006-292
CONCISE SUMMARY: This rule will provide immediate emergency relief to a group of MaineCare eligible individuals with mental retardation. Although the housing needs of these individuals will continue to be met with private funding, these individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions. The Department has reviewed the medical needs of these individuals, reviewed the various MaineCare service options, and concluded that the only services that can meet their needs are Private Non-Medical Institution (PNMI) services, Appendix F (non-Case Mixed Medical and Remedial PNMIs).
The Department has determined that it is necessary to maintain these individuals in the treatment setting they are currently living in to assure that their Department approved treatment plans are maintained without disruption, which disruption would likely result in loss or deterioration of those skills already learned and in a significant setback in the personal development of these young and vulnerable adults. Accordingly, this emergency rule deletes the requirement of RCF settings for PNMI Appendix F services for individuals with mental retardation. The housing for these individuals is located in several facilities. The current PNMI rules require that Appendix F services be provided in single facilities. Accordingly, this emergency rule allows Appendix F services to be provided in several facilities, also called “scattered sites.” These rules will remain in effect for ninety days while the Department proposes changes through the APA process.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2006 through September 28, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
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 Major Substantive Rule – Ch. 101, MaineCare Benefits Manual: Ch. III Section 97 with Appendix F, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2006-293
CONCISE SUMMARY: This rule will provide immediate emergency relief to a group of MaineCare eligible individuals with mental retardation. Although the housing needs of these individuals will continue to be met with private funding, these individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions. The Department has reviewed the medical needs of these individuals, reviewed the various MaineCare service options, and concluded that the only services that can meet their needs are Private Non-Medical Institution (PNMI) services, Appendix F (non-Case Mixed Medical and Remedial PNMIs).
The Department has determined that it is necessary to maintain these individuals in the treatment setting they are currently living in to assure that their Department approved treatment plans are maintained without disruption, which disruption would likely result in loss or deterioration of those skills already learned and in a significant setback in the personal development of these young and vulnerable adults. Accordingly, this emergency rule deletes the requirement of RCF settings for PNMI Appendix F services for individuals with mental retardation. The housing for these individuals is located in several facilities. The current PNMI rules require that Appendix F services be provided in single facilities. Accordingly, this emergency rule allows Appendix F services to be provided in several facilities, also called “scattered sites.” These rules will remain in effect for ninety days while the Department proposes changes through the APA process.
See http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #301, Food Stamps Certification Manual, Rev. #146A: ABAWDS 36-month period
ADOPTED RULE NUMBER: 2006-294
CONCISE SUMMARY: This rule changes the measurement of the three-month 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.
EFFECTIVE DATE: July 3, 2006
AGENCY CONTACT PERSON: Richard P. Morrow, Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948