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Home > Weekly Newspaper Notices > October 31, 2007

October 31, 2007

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 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
PROPOSED RULE NUMBER: 2007-P266
CONCISE SUMMARY: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund, governs the requirements for approval of State supported leases and lease-purchases. The revisions amend the rules in order to conform with 20-A MRSA §15672, sub-§2-A. The definitions of temporary and interim space are clarified and definitions for current and new space are deleted. Language regarding administrative space and currently occupied space is deleted. The number of years of State participation for subsidizing leases or lease-purchases is clarified. The authority for granting waivers of the 5 year maximum approval period is transferred from the State Board of Education to the Commissioner of the Department of Education. The annual lease application deadline is amended. The section regarding local share of leases is eliminated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §15672 (2-A)
PUBLIC HEARING: Tuesday, November 20, 2007, 2:00 p.m. - 3:00 p.m., Room 103-B of the Cross Office Building, 111 Sewall Street, Augusta, Maine.
DEADLINE FOR COMMENTS: 5:00 p.m., Friday, December 7, 2007
AGENCY CONTACT PERSON: Ann Pinnette, Education Specialist, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6885



AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2007-P267
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the Uniform Standards of Professional Appraisal Practice with which licensees shall comply.
A copy of the statement of impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c. 124 §14012
PUBLIC HEARING: None
DEADLINE FOR WRITTEN COMMENTS: November 30, 2007
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator, Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 160, Administration of Combination Vehicles with Semi-Trailers Whose Total Length Exceed 48 Feet But Do Not Exceed 53 Feet
PROPOSED RULE NUMBER: 2007-P268
CONCISE SUMMARY: This rule established the procedures for the fifty-three foot trailer permit pursuant to 29A MRSA section 2390. The permit requirement was repealed by C. 253, PL 2003.
THIS RULE WILL NOTHAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §2390
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 30, 2007
AGENCY CONTACT PERSON: Francis Fox , Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 490, Acquired Immune Deficiency Syndrome and Medical and Lifestyle Standards Rule
PROPOSED RULE NUMBER: 2007-P269
CONCISE SUMMARY: These amendments are proposed to include changes brought on by LD 429 (PL 93).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §19203-A, 24 MRSA §2316, 24-A MRSA §212, 24-A MRSA §2151-B, 24-A MRSA §2152, 24-A MRSA §2159, and 24-A MRSA §2412
PUBLIC HEARING: A public hearing is scheduled for November 20, 2007 at 9:00 a.m. in the Central Conference Room of the Maine Bureau of Insurance, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 30, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 585, Life Insurance Third Party Notice of Cancellation
PROPOSED RULE NUMBER: 2007-P270
CONCISE SUMMARY: This rule is required by LD 138 (PL 40). The purpose of this Rule is to establish conditions and procedures, including disclosure requirements and cancellation restrictions, to reduce the danger that persons suffering from organic brain disease will lose their individual life insurance coverage because their medical condition caused them to neglect their premium payment obligations or made them unaware that their coverage would be terminating. In particular, the third-party notice provisions of this Rule allow a policyholder to establish in advance a line of communication that will increase the likelihood that adequate notice is given in the event that the policyholder subsequently develops organic brain disease.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 2556
PUBLIC HEARING: A public hearing will be held on November 20, 2007 at 10:00 a.m. in the Central Conference Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 30, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 600, Screening Mammograms
PROPOSED RULE NUMBER: 2007-P271
CONCISE SUMMARY: The purpose of these amendments is to add a statutorily required sentence to the definition (LD 101, PL 153).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 24 MRSA §2320-A, and Title 24-A MRSA §§ 212, 2745-A, 2837-A, and §4237-A.
PUBLIC HEARING: No public hearing is scheduled.
DEADLINE FOR COMMENTS: Friday, November 30, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 945, Annual Report Supplement for Health Insurer
PROPOSED RULE NUMBER: 2007-P272
CONCISE SUMMARY: The purpose of the amendment is to add four items to the reporting form and to provide clearer guidance regarding completion of the form.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 423-D
PUBLIC HEARING: A public hearing will be held on November 19, 2007 at 1:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 29, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #12-07
PROPOSED RULE NUMBER: 2007-P273
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: November 26, 2007, Monday, starting at 9:00 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 26, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Calculation of Interest
PROPOSED RULE NUMBER: 2007-P274
CONCISE SUMMARY: The proposed amendment updates the rule to reflect the continuation of the current annual standard interest rate of 12% through calendar year 2008. The standard interest rate established pursuant to 36 MRSA Section 186 is the interest rate that is charged against unpaid taxes and paid by the State on overpayments of taxes.
RULE TITLE OR SUBJECT: Ch. 103, Recordkeeping and Retention
PROPOSED RULE NUMBER: 2007-P275
CONCISE SUMMARY: This rule has been in place since January 2006 and is based on the Model Recordkeeping and Retention Regulation Adopted by the Multistate Tax Commission on January 15, 1998. The current proposal is to make some minor formatting changes in the rule and to clarify the provisions of the rule that pertain to electronic recordkeeping, including the fact that electronic records must be kept for as long as is required by Title 36 section 135(1) (in the case of sales tax, at least 6 years).
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 186
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 3, 2007
AGENCY CONTACT PERSON: David E. Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov



AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 207, Real Estate Transfers
PROPOSED RULE NUMBER: 2007-P276
CONCISE SUMMARY: Rule 207 provides comprehensive definitions and explanations of statutory terms and procedures regarding Maine real estate transfer tax. Specifically, the proposed Rule clarifies the exceptions to the requirement to provide tax identification numbers for the parties to a real estate transfer, such as when the numbers are unavailable.
STATUTORY AUTHORITY: Title 36 MRSA §§ 4641(1-A) and 4641-E
RULE TITLE OR SUBJECT: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2007-P277
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for filing a Maine estate tax return. Specifically, the proposed Rule clarifies requirements for filing returns, requesting extensions, making payments, and requesting the release of an estate tax lien. The Rule provides guidance on the calculation of the Maine gross estate, the inclusion of gifts, and the sourcing and valuation of estate property. The requirements for qualified terminable interest property, Maine elective property, and qualified domestic trusts are explained in detail in Rule 601.
STATUTORY AUTHORITY: Title 36 MRSA §112
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 3, 2007
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725
E-MAIL: nanette.m.ardry@maine.gov



AGENCY: 14-197 - Department of Health and Human Services, Office of Adults with Cognitive & Physical Disability Services
RULE TITLE OR SUBJECT: Ch. 3, Definition of Mental Retardation and Autism; Appeal Procedure
PROPOSED RULE NUMBER: 2007-P278
CONCISE SUMMARY: These rules amend Chapter 3, which covers the definition of mental retardation and autism and further describes appeal procedures. It is the purpose of this rule to set out standards by which to determine if individuals applying for services meet the eligibility standards described herein. In addition, the time frames for an applicant or recipient who is dissatisfied with an eligibility decision to file an appeal are set out, as well as the time frames for scheduling a hearing and rendering a final hearing decision.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22-A MRSA §205(2); 34-B MRSA §§ 5432, 5465, 6003
PUBLIC HEARING: November 19, 2007, 1:00-3:00 p.m., Conference Room 1A, DHHS/OACPDS, 32 Blossom Lane, Augusta, ME 04333
DEADLINE FOR COMMENTS: November 29, 2007
AGENCY CONTACT PERSON: William Hughes, Office of Adults with Cognitive & Physical Disability Services, State House Station #11, 2nd Floor Marquardt, Augusta, ME 04333
TELEPHONE: (207) 287-2840



AGENCY: 10-144 - Department of Health and Human Services
RULE TITLE OR SUBJECT: Ch. 258, Rules for the Control of Notifiable Diseases and Conditions
PROPOSED RULE NUMBER: 2007-P279
CONCISE SUMMARY: These Rules repeal and replace existing Rules for the Control of Notifiable Conditions, which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease, epidemics and extreme public health emergencies. Changes were made to add new notifiable diseases and to update existing Rules to reflect recent developments in disease investigation and intervention. There is a new section in these Rules which will become operational only in the event of an extreme public health emergency as declared by the Governor.
THIS RULE WIILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA Ch. 250
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 30, 2007
AGENCY CONTACT PERSON: Elana Jellison, Department of Health and Human Services, Maine CDC, 244 Water Street, Augusta, Maine 04333
TELEPHONE: (207) 287-1911
TTY: (800) 606-0215



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 17, Community Support Services
PROPOSED RULE NUMBER: 2007-P280
CONCISE SUMMARY: This proposed rule incorporates new service definitions for Certified Intentional Peer Support Specialist and Substance Abuse Counselor. This rule repeals Psychiatric Medication Education and Monitoring and Family Psychoeducation Treatment services under Section 17, to eliminate duplication as these services are provided currently under Section 65, Mental Health Services. Furthermore, this rule changes the requirement for specific members of Intensive Community Integration Services and Assertive Community Treatment teams. Finally, the proposed rule incorporates prior authorization and/or utilization review of services provided under this Section of the MaineCare Benefits Manual. The Department proposes several other structural, administrative and grammatical changes within this rulemaking.
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:
Date: November 19, 2007, 1:00- 3:00 p.m.
Location: Conference Room # lA and 1B, 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 November 9, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, November 29, 2007
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare 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 or Hard of Hearing)


ADOPTIONS



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 32, Agricultural Marketing Loan Fund
ADOPTED RULE NUMBER: 2007-445
CONCISE SUMMARY: This rulemaking will make a number of changes in administration of the loan fund because of changes in the law. Changes include allowing for pre-application costs to be allowed as a project cost if approved by the commissioner, allowing the administrator to do construction loans, changing the amount of state participation in the loan, allowing for less application information to be submitted for smaller loans, and removing from eligibility any potato storage project which could be funded under the PMIF program.
EFFECTIVE DATE: October 23, 2007
AGENCY CONTACT PERSON: Jane Aiudi, Director, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3491



AGENCY: 06-096 - Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1262, State-imposed Shoreland Zoning Ordinance for the Town of Steuben
ADOPTED RULE NUMBER: 2007-446
CONCISE SUMMARY: This rule amends the Official Shoreland Zoning Map for the Town of Steuben by removing a portion of the Resource Protection District on lots 4 through 10 of the "Carrying Place Cove South" subdivision on the north side of Carrying Place Cove. The amendment retains the first 150 feet of the shoreland zone (from the upland edge of the coastal wetland) in the Resource Protection District, and will place the remaining 100 feet of the shoreland zone in the Limited Residential District.
EFFECTIVE DATE: October 24, 2007
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-07
ADOPTED RULE NUMBER: 2007-447
CONCISE SUMMARY: Minimum November 2007 Class I price is $24.70/cwt. plus $0.71/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $27.46/cwt. that inc1udes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: November 4, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual - Adult, Subsection 27.2: Supervised Community Confinement
ADOPTED RULE NUMBER: 2007-448
CONCISE SUMMARY: The Maine Department of Corrections is repealing and replacing this rule to reflect a recent change in the governing statute which provides for consideration for prisoners to be placed on Supervised Community Confinement for a period of eighteen (18) months, as opposed to twelve (12) months.
Other revisions include:
Clear identification of the facility Chief Administrative Officer as the Commissioner’s designee in reviewing and determining to approve or deny Supervised Community Confinement except for terminally ill prisoners or prisoners housed in other than a Maine Department of Corrections facility.
Timeframes are established for the application, review and decision making process (date stamping the application at each step of the process).
A requirement is added that, if employment is part of the plan for SCC, the prisoner have two (2) forms of identification acceptable for employment purposes, at the time of applying.
A requirement is added that prior to submitting a Supervised Community Confinement request to the Unit Management Team the prisoner’s Correctional Caseworker/Correctional Care and Treatment Worker or the facility’s assigned Community Resource Coordinator contact the appropriate Probation Officer for community input and that that input be included in the Unit Management Team’s review.
A requirement is added that treatment programs recommended in the prisoner’s individual case plan which have not yet been completed and the reason(s) why be included in the review of the prisoner’s application.
A requirement is added that the Chief Administrative Officer, or designee, notify the Victim Services Coordinator and the Director of Classification when the Request for Investigation is forwarded to the Regional Correctional Administrator, or designee.
The requirement that the prisoner serve any mandatory minimum sentence has been deleted.
A provision has been added giving the prisoner approved for SCC priority for placement in a community transition program (work release, education release or public service release) over prisoners who have not been approved for transfer to SCC.
A provision has also been added allowing a prisoner approved for transfer to SCC up to four (4) furloughs within the 90 days prior to transfer.
A provision has been added that once a prisoner is approved for Supervised Community Confinement and notified of the approval, the prisoner may not be transferred to a program that would delay the prisoner’s transfer to SCC unless approved by the Commissioner.
The appeal provisions have been revised so that the official who makes the decision to deny transfer to SCC or to remove the person from SCC is also the appeal authority, unless the decision maker was the Commissioner, or designee, in which case no appeal is allowed.
Some of the wording was amended to make the policy easier to follow.
EFFECTIVE DATE: October 27, 2007
AGENCY CONTACT PERSON: Esther Riley, Maine Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-2711



AGENCY: 12-150 - Department of Labor, Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired (DBVI)
CHAPTER NUMBER AND TITLE:
Ch. 101, DBVI Vocational Rehabilitation Rules
Ch. 105, Independent Living Services Program Rules for Individuals who Are Blind
ADOPTED RULE NUMBER: 2007-449 and 450
CONCISE SUMMARY:
Ch. 101: Amendments to the DBVI Vocational Rehabilitation Rules. The areas amended are the appeals process, the definition of Self-Employment, and changing the level of support to consumers for the first two years of Post-Secondary training from University of Maine System rates to Community College rates.
Ch. 105: Amendments to the Division of Vocational Rehabilitation Independent Living Services Program Manual, the rules that govern the delivery of independent living services for persons with disabilities. The area amended is the appeals process, reflecting recently enacted federal legislation and regulations.
EFFECTIVE DATE: October 27, 2007
AGENCY CONTACT PERSON: Paul E. Cote, Division for the Blind and Visually Impaired, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7956
E-MAIL: paul.e.cote@maine.gov



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 25, Allowances for Dental Services
ADOPTED RULE NUMBER: 2007-451
CONCISE SUMMARY: The final rule increases the allowed rates for dental codes D5931 (obturator prosthesis, surgical) and D5932 (obturator prosthesis, definitive) in an effort to make the aforementioned dental codes more equitable with the equivalent Common Procedural Terminology (CPT) codes that are reimbursable by MaineCare.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2007
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 043330011
TELEPHONE: (207) 287-4460
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. 101, MaineCare Benefits Manual, Ch. X Section 1, Benefit for People with HIV/AIDS
ADOPTED RULE NUMBER: 2007-452
CONCISE SUMMARY: The adopted rule repeals and replaces Ch. X Section 1, Benefit for People Living with HIV/AIDS, with updated language and formatting that complies with the language and formatting approved in the Waiver by Centers for Medicare and Medicaid (CMS). The other minor change within the rule, that was not in the repealed chapter, is a change to §1.08, Noncompliance Defined, where Medical Consultant is replaced with Medical Director because the Department has hired a permanent Medical Director.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2007
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 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: Ch. 115, Principles of Reimbursement for Residential Care Facilities – Room and Board Costs
ADOPTED RULE NUMBER: 2007-453
CONCISE SUMMARY: The Department adopts this final rule to improve the guidelines and process for reimbursing residential care facilities in four main ways. First, the final rule clarifies the process by which qualifying facilities must calculate their historical costs that are billable to the Department. Next, Principle 20.32 is amended to eliminate the one-time limitation on the recapture exemption for qualifying transferees. Third, the rule adds Principle 20.58, which establishes performance standards that facilities must meet if they seek Departmental reimbursement of costs to acquire, construct, or renovate a facility property. The standards are expected to maximize the benefit of Departmental funds by ensuring best use practices with respect to space requirements, land improvements, architectural services fees, contingency fees, developer fees, moveable equipments and construction costs per square foot. Fourth, the final rule amends Principle 20.61, authorizing the Department to reimburse the payroll costs of small facilities (six or fewer beds) where the administrators perform non-administrative functions, so long as the facilities apply and receive a waiver for the costs in advance. Facilities must submit proof that the services were actually provided. The final rule also includes several technical corrections to grammar and usage, updates new Department names, and changes a reference to statutory authority in Principle 20.26 necessitated by Legislative action repealing and replacing the formerly cited provision.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2007
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy and Performance, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
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, Maine Center for Disease Control and Prevention, Division of Environmental Health
CHAPTER NUMBER AND TITLE: Ch. 208, Rules Relating to Boys, Girls, Boys and Girls, Day Camps and Primitive, and Trip Camping
ADOPTED RULE NUMBER: 2007-454
CONCISE SUMMARY: These rules repeal and replace existing health and safety standards for summer youth camps including staffing, programs, and activities. The rules are being revised primarily to update the program activity and staff requirements.
EFFECTIVE DATE: October 31, 2007
AGENCY CONTACT PERSON: Rebecca Vigue, Division of Environmental Health, 11 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-1978