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Home > Weekly Newspaper Notices > October 11, 2006

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


PROPOSALS



AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. 3, Awarding the Maine Quality Forum Safety Star
SUBJECT: Maine Quality Forum Safety Star Program
PROPOSED RULE NUMBER: 2006-P251
CONCISE SUMMARY: These rules describe the processes guiding the application for and receipt of the Maine Quality Forum Safety Star. The rules include application guidelines, validation processes, site visit steps, processes for reapplication and reconsideration, and guidelines for the use of the Safety Star logo.
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: October 30, 2006, at 1:30 p.m. in the Dirigo Health Agency Conference Room A, located at 211 Water St., Augusta, ME
DEADLINE FOR COMMENTS: November 10, 2006
AGENCY CONTACT PERSON: Gloria Tomsa, Director of Operations, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9963
FAX: (207) 287-9922



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 450, Workers' Compensation Insurance - Experience Rating
PROPOSED RULE NUMBER: 2006-P252
CONCISE SUMMARY: The purpose of these amendments is to provide employers with adequate information regarding their experience modification factors and an opportunity to correct errors, to exclude aggravations of prior work-related injuries from the subsequent employer's experience modification as required by Maine law, and to establish uniform requirements respecting the applicability of experience rating modification factors to employers that have had a change in ownership, management, control, or operation.
This Rule is applicable to all intrastate experience rating modification factors calculated for Maine employers and to the portion of interstate experience rating modification factors covering exposure in this State.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is proposed in accordance with 24-A MRSA §§ 212, 2303, 2382, and 2382-0.
PUBLIC HEARING: A public hearing is scheduled for November 1, 2006 at 9:00 a.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 13, 2006 by 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon Maine Bureau of Insurance 34 State House Station Augusta ME 04333
TELEPHONE: (207) 624-8452



AGENCIES: 10-144 - Department of Health and Human Services (DHHS), and 26-239 - Office of Attorney General (A.G.)
RULE TITLE OR SUBJECT: Reporting Requirements for Pharmaceutical Manufacturers and Labelers, Section 1: Prescription Drug Clinical Trial Reporting: Ch 275 (DHHS), Ch. 111 (A.G.)
PROPOSED RULE NUMBER: 2006-P253 and P254
CONCISE SUMMARY: The Department of Health and Human Services and the Office of Attorney General are proposing additional revisions to the joint rule entitled Prescription Drug Clinical Trial Reporting (10-144, Ch. 275, Section 1 and 26-239, Ch. 111 respectively). Originally proposed in conjunction with 10-144, Ch. 275, Section 2 (Reporting of Prescription Drug Marketing Costs), an earlier comment period closed on June 1, 2006. The Department of Health and Human Services and the Office of Attorney General received compelling questions and comments that prompted substantive revisions that require reopening the comment period for this rule section. In this proposed rule, statutory obligations of manufacturers and labelers of prescription drugs and biological products are outlined that require them to publicly register and report results of clinical trials on Internet websites. The proposed rule further clarifies the required content, timing and location of these disclosures, and indicates for which clinical trials this information is required. The Department of Health and Human Services and the Office of Attorney General will not conduct an additional public hearing, but will accept written comments on these proposed changes until November 13, 2006.
See http://www.maine.gov/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 §2700-A and 5 MRSA §207(2)
PUBLIC HEARINGS: No hearing will be scheduled.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., November 13, 2006
DHHS CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011, phone (207) 287-9370, fax (207) 287-9369, TDD/TTY (207) 287-1828 or toll free 1 (800) 423-4331 (Deaf or Hard of Hearing)
A.G. CONTACT PERSON: Linda J. Conti, Assistant Attorney General, State House Station 6, Augusta, ME 04333, phone (207) 626-8591, fax (207) 624-7730.



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2006-P255
CONCISE SUMMARY: The Department is proposing multiple changes in the Nursing Facility Services policy. One change adds language throughout the rule on the use of the Medical Eligibility Determination (MED) form as documentation of the determination of medical eligibility for MaineCare Nursing Facility Services. Additionally, the Department added language under Section 67.02-6, Extraordinary Circumstances (EC), to clarify when the EC period ends and when a new assessment is necessary. Language was also added regarding the timing of long term care assessments for members with Medicare or other TPL, as well as members on the hospice benefit. The Department will now require nursing facilities to send the Member Transfer Form to the Office of Elder Services, rather than the Office of MaineCare Services, for all transfers, discharges, member enrollment into Medicare managed care programs, and bed hold authorizations.
The proposed rule adds definitions for the terms “significant change” and “rehabilitation potential” to Section 67.01. In order to implement Title 22 MRSA §3174-FF, of the Maine Revised Statutes, this rule proposes a rehabilitation potential prerequisite for adults receiving services reimbursed under this Section for occupational, physical, and speech-language therapy services. Lastly, the transportation section was changed to give the nursing facilities guidance on when it is appropriate to call a transportation agency for assistance in transporting members, and the requirement to request wheelchair van services when it is medically necessary for the member.
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, 22 MRSA §3174-FF
PUBLIC HEARING: November 1, 2006, 1:00 p.m., Conference Room # 4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 27, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 12, 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: 207-287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or 207-287-1828 (Deaf or Hard of Hearing)



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 316, Long-Term Contracting & Resource Adequacy
PROPOSED RULE NUMBER: 2006-P256
CONCISE SUMMARY: The Commission initiates this rulemaking to implement recently enacted legislation authorizing the use of long-term contracts for capacity resources and the establishment of a resource adequacy plan to ensure grid reliability and to minimize electricity costs for Maine customers.
THIS RULE WILL HAVE A FISCAL MINIMAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 3210-C, 3210-0
PUBLIC HEARING: November 1, 2006, Public Utilities Commission Hearing Room
DEADLINE FOR COMMENTS: November 14, 2006, however, the Commission requests that comments be filed by October 25, 2006 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing.
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
PROPOSED RULE NUMBER: 2006-P257
CONCISE SUMMARY: This proposed rule change includes the addition of five (5) Surgical Care Improvement Project (SCIP), (formerly called Surgical Infections Prevention), measures for acute care hospitals. The rule change will also add a three (3) item survey (called the Care Transition Measure Survey) to be conducted on hospital discharged patients measuring the quality and effectiveness of hospital discharge care. In accordance with the provisions of 22 MRSA, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §8704 sub-§4 and §8708-A
PUBLIC HEARING: November 2, 2006, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: November 13, 2006
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 02-030 – Department of Professional and Financial Regulation, Office of Consumer Credit Regulation
RULE TITLE OR SUBJECT: Ch. 500, Mortgage Loan Officers and Sole Proprietors: Initial and Continuing Educational Requirements
PROPOSED RULE NUMBER: 2006-P258
CONCISE SUMMARY: Ch. 274 of the Public Laws of 2005 permits the Office of Consumer Credit Regulation to “adopt rules requiring that applicants [for licensure as either a supervised lender or a loan broker] …and employees of applicants satisfy initial and continuing educational requirements.” This rule implements the statute by establishing such operational details as minimum hours, course content and reciprocity allowances. In addition, the rule clarifies that the educational requirements will apply to two categories of individual: first, loan officers of supervised lenders and loan brokers; and second, sole proprietors who are licensed as supervised lenders or loan brokers and who perform the functions of loan officers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is promulgated pursuant to the authority granted the Director of the Office of Consumer Credit Regulation by 9-A MRSA §§ 2-302(7) and 10-201. It is a routine technical rule as defined by 5 MRSA §8071(2)(A).
PUBLIC HEARING: November 3, 2006, 8:30 a.m., Professional Regulation and Finance, Central Conference Room.
DEADLINE FOR COMMENTS: November 10, 2006
AGENCY CONTACT PERSON: Doris Whitaker, Office of Consumer Credit Regulation, 122 Northern Ave., Gardiner, ME 04345
TELEPHONE: (207) 624-8527


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 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2006-421
CONCISE SUMMARY: This rule will permanently adopt emergency rules currently in effect that provide immediate 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 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 rule allows Appendix F services to be provided in several facilities, also called "scattered sites."
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 30, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, 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: 19-498·- Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND TITLE: Program Statement for Administering the 2007 Maine Community Development Block Grant Program (19-498 CMR Ch. 35)
ADOPTED RULE NUMBER: 2006-422
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 30, 2006
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta. Maine 04333-0059
TELEPHONE: (207) 624-9816



AGENCY: 26-239 - Attorney General's Office
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Strip Searches, Manual Mouth Searches, and Body Cavity Searches of Arrestees
ADOPTED RULE NUMBER: 2006-423
CONCISE SUMMARY: The rules now require reasonable suspicion that an arrestee is concealing on or inside the arrestee's body a weapon, contraband, or evidence of a crime before the arrestee may be subjected to a strip search, unless the person has been arrested for a violent, weapon, or drug offense, in which case a strip search may be done as a matter of routine. Other changes from the previous rules are the addition of more categories to the definition of "law enforcement officer" to take account of recent changes to statute; the addition of "physician's assistant" and "nurse practitioner" to the definition of "medical personnel;" and the redefinition of "mouth search" to include only mouth searches performed using fingers or instruments. The rules now also have clearer definitions of "arrestee" and "strip search," A requirement has been added that if a search is based on consent, the consent must be in writing.
EFFECTIVE DATE: October 9, 2006
AGENCY CONTACT PERSON: Diane Sleek, AAG, Attorney General's Office, 6 State House Station, Augusta, ME 04333-0006
TELEPHONE: (207) 626-8800



AGENCY: 18-554 – Department of Administrative and Financial Services, Bureau of General Services
CHAPTER NUMBER AND TITLE: Ch. 130, Implementing the State Purchasing Code of Conduct Requiring that Vendors Furnishing Apparel, Footwear, or Textiles to the State Provide Healthy, Safe, and Fair Working Conditions
ADOPTED RULE NUMBER: 2006-424
CONCISE SUMMARY: This chapter implements the State Purchasing Code of Conduct, as set forth in 5 MRSA §1825-K et seq., and applies to competitive bids for the purchase of apparel, footwear, or textiles pursuant to 5 MRSA ch. 155, sub-ch. I-A.
EFFECTIVE DATE: October 26, 2006
AGENCY CONTACT PERSON:, Betty M. Lamoreau, Director, Division of Purchases, Burton M. Cross Building, 4th Floor, 9 State House Station, Augusta, ME 04333-0009
TELEPHONE: (207) 624-7331



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3. Schedule of Minimum Prices, Order #10-06
ADOPTED RULE NUMBER: 2006-425
CONCISE SUMMARY: Minimum October 2006 Class I price is $15.67 plus $1.35/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 $19.72 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: October 1, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Maine CDCP, Partnership for a Tobacco-Free Maine
CHAPTER NUMBER AND TITLE: Ch. 249, Rules Relating to Smoking in Public Places
ADOPTED RULE NUMBER: 2006-426
CONCISE SUMMARY: The Department adopted this Final Rule to clarify the requirements established by the Legislature in 22 MRSA §§ 1541 et seq., and make changes conforming to Public Law 2005, Ch. 257 & 338, affecting smoking in clubs and other public places.
The Final Rule incorporates recent Legislative changes to Maine's smoking laws, further curtailing or regulating smoking in a range of public places, including child care facility vehicles, private residences used as child care facilities, clubs (including veterans organizations), enclosed areas of business places, privately charted buses, and off-track betting and simulcast racing facilities. The Final Rule is expected to clarify smoking restrictions for the public, clarify enforcement authority of the Maine Center for Disease Control and Prevention and the corresponding authority of the Office of the Attorney General to bring enforcement actions against violators in court. The Final Rule is not expected to impose an economic burden upon small businesses, except to the extent that businesses need to adapt their facilities to comply with the new restrictions.
EFFECTIVE DATE: October 2, 2006
AGENCY CONTACT: Natalie Jackson, DHHS, Maine CDCP, Partnership for a Tobacco-Free Maine, Key Plaza, 4th Floor, 11 State House Station, Augusta, ME 04334
TELEPHONE: (207) 287-6027



AGENCY: 10-144 - Department of Health and Human Services, Maine CDCP, Partnership for a Tobacco-Free Maine
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace
ADOPTED RULE NUMBER: 2006-427
CONCISE SUMMARY: This Final Rule clarifies the requirements established by the Legislature in 22 MRSA §§ 1541 et seq., and make changes conforming to Public Law 2005, Ch. 257 & 338, affecting smoking in clubs and other public places as it affects employees and employers.
The Final Rule incorporates recent Legislative changes to Maine's smoking laws, further curtailing and regulating smoking in the workplace. The Final Rule augments the Department's enforcement authority and authorizes the Office of the Attorney General to bring enforcement actions against violators in court. This Final Rule complements changes that exempt "qualifying clubs" from the restrictions in Ch. 250, which the Department has provisionally adopted in a contemporaneously filed Major Substantive Rule. The Final Rule is not expected to impose an economic burden upon small businesses, except to the extent that businesses need to adapt their facilities to comply with the new restrictions.
EFFECTIVE DATE: October 2, 2006
AGENCY CONTACT: Natalie Jackson, DHHS, Maine CDCP, Partnership for a Tobacco-Free Maine, Key Plaza, 4th Floor, 11 State House Station, Augusta, ME 04334
TELEPHONE: (207) 287-6027



AGENCY: 10-144 – Department of Health and Human Services, Maine CDCP, Partnership for a Tobacco-Free Maine
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace, Emergency Major Substantive Rule
ADOPTED RULE NUMBER: 2006-428
STATUTORY AUTHORITY: 5 MRSA §8054; 22 MRSA §§ 3, 42, l580-A(9); Pub. L 2005, Ch. 581, 683 §G-1
CONCISE SUMMARY: This Emergency Major Substantive Rule derives from the Legislature's mandate in Public Law 2005 Ch. 581 §3, which directed the Department to implement the new statute's provisions for establishing voting procedures for qualifying clubs to employ in adopting smoking policies. The Legislature mandated the establishment of rules to aid qualifying clubs in holding membership elections to determine whether smoking will be permitted on club premises. This Major Substantive Rule's changes exempt qualifying clubs from the more rigorous workplace smoking regulations adopted by the Department in the accompanying Ch. 250 Routine, Technical rulemaking. No direct fiscal impact upon small businesses is expected.
The Legislature authorized the Department to promulgate this rule as Major Substantive, pursuant to.5 MRSA §8071(2)(B). The Department provisionally adopts this rule, giving it immediate effect on an emergency basis. Contemporaneously, the Department submits the Provisionally Adopted Rule to the Legislature for review and approval. Once the Legislature issues its approval, the Department may make the rule permanent through Final Adoption.
EFFECTIVE DATE: October 2, 2006
AGENCY CONTACT: Natalie Jackson, DHHS, Maine CDCP, Partnership for a Tobacco-Free Maine, Key Plaza, 4th Floor, 11 State House Station, Augusta, ME 04334
TELEPHONE: (207) 287-6027
TTY: (207) 287-8015



GENCY: 01-001 - Department Of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 31, Potato Market Improvement Fund
ADOPTED RULE NUMBER: 2006-429
CONCISE SUMMARY: This rule change will increase the amount of total project cost in the New Facilities Loan Fund eligible to be funded at 45%. Total eligible project cost fundable at 45% will be increased from $500,000 to $750,000. Project costs exceeding $750,000 will be eligible for funding at 25%. This rule change will update eligible loan amounts to partially reflect the effects of inflation on project costs. The rule also eliminates the Potato Market Improvement Committee and replaces it with the Maine Potato Board for providing advise and oversight of the program for the Commissioner of Agriculture.
EFFECTIVE DATE: October 3, 2006
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3491



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Maine State Services Manual, 10-144, Ch. 275, Section 2, Reporting of Prescription Drug Marketing Costs
ADOPTED RULE NUMBER: 2006-430
CONCISE SUMMARY: The rule requires manufacturers and labelers of prescription drugs to report gifts and marketing costs to the Department in order to assist the State in its role as a purchaser of prescription drugs and an administrator of prescription drug programs. This will enable the State to determine the scope of prescription drug marketing costs and their effect on the cost, utilization, and delivery of health care services and furthering the role of this State as guardian of the public interest.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 6, 2006
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, DHHS, Office of Maine Care Services, 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)



AGENCY: 06-096 – Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 543, Rules to Control the Subsurface Discharge of Pollutants
ADOPTED RULE NUMBER: 2006-431
CONCISE SUMMARY: This proposed rule repeals and replaces the rule originally adopted in 1983. The proposed rule describes the regulatory requirements for discharging wastewater into the ground in Maine. This chapter is the state's companion rule to the federal Underground Injection Control Program (40 CFR, Part 144) and integrates existing state and federal subsurface wastewater disposal requirements.
EFFECTIVE DATE: October 3, 2006
AGENCY CONTACT PERSON: Robert D. Stratton, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-6114



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 14, Advanced Practice Registered Nursing Services
ADOPTED RULE NUMBER: 2006-432
CONCISE SUMMARY: This rulemaking permanently adopts the proposed rule that entailed changes to the MaineCare Benefits Manual, Ch. II Section 14, Advanced Practice Registered Nursing Services. This rulemaking deletes an obsolete pricing modifier and refers providers to Departmental billing instructions for additional assistance. The Department also made changes for clarification purposes and other structural, administrative and grammatical changes within this rulemaking.
See: http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 15, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Division of Policy, 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/Hard of Hearing)



AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2006-433
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendment permits participating local district members in specific plans to elect to pay the contribution necessary to make service earned in specific plans with other employers portable to the Consolidated Plan.
EFFECTIVE DATE: October 9, 2006
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 512-3190 or 1 (800) 451-9800



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #301, Food Stamp Certification Manual, Rev. #149A: ABAWDS
ADOPTED RULE NUMBER: 2006-434
CONCISE SUMMARY: This rule:
1. Allows Able Bodied Adults Without Dependents (ABAWDS) an exemption from the ABAWD time limits when they are already exempt from work registration requirements.
2. Removes the Department’s existing policy allowing a 15% exemption option for those ABAWDS with no other exemption.
3. Edits language to clarify current program requirements.
4. Clarifies reporting requirements for ABAWDS.
5. Updates the geographic areas whose residents are exempt from the three-month time-limited rule for ABAWDS due to the area having an unemployment rate of at least 20% higher than the national average for a specific 24-month period.
a. Adds to the geographic exempted list: Connor Unorg., Houlton, Perham, Bar Harbor, Amherst, Troy, Liberty, Ogunquit and South Berwick.
b. Removes from the geographic exemption: Cary Plt., Crystal, Hersey, Island Falls, Moro Plt., New Canada, New Sweden, Oakfield, Orient, Weston, Winterville Plt., LaGrange, Mt. Chase, Patten and Stacyville.
EFFECTIVE DATE: October 9, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, 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) 287-5054
TTY: (800) 606-0215



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
ADOPTED RULE NUMBER: 2006-435
CONCISE SUMMARY: This rule change adds surcharges to the price of clinical data sets purchased by any agency of the Federal government from the MHDO.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: October 9, 2006
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 630, Uniform System for Reporting Baseline Information and Restructuring Occurrences Relevant to the Delivery and Financing of Health Care in Maine
ADOPTED RULE NUMBER: 2006-436
CONCISE SUMMARY: This rule change revises the provisions for filing and specifies the information to be submitted to the Maine Health Data Organization regarding baseline information and major structural changes relevant to the restructuring of hospitals and their parent entities in Maine.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: October 9, 2006
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722