Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > December 12, 2007

December 12, 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: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2007-P328
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154 (2)
PUBLIC HEARING: January 02, 2008, Wednesday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 14, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT: Ch. (New), Nondiscrimination Policy And Grievance Procedure
PROPOSED RULE NUMBER: 2007-P329
CONCISE SUMMARY: (For complete copies of the proposed rules, showing changes to existing rules, write or call the Agency Contact Person listed below.)
New Chapter: Rule to establish a standard statewide policy and procedure for compliance with the federal Americans with Disabilities Act and Section 504. As required by Executive Order 6 FY 04/05, State departments shall adopt a grievance procedure based on the Department of Labor’s model.
THIS RULES WILL NOT_HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: New Chapter: Title 26 MRSA, § 1412-F
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 12, 2008
AGENCY CONTACT PERSON: Eric Dibner, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7950
TTY: (888) 577-6690
E-MAIL: eric.dibner@maine.gov



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT: Ch. 7, Independent Living Services Program Manual
PROPOSED RULE NUMBER: 2007-P330
CONCISE SUMMARY: (For complete copies of the proposed rules, showing changes to existing rules, write or call the Agency Contact Person listed below.)
Chapter 7: 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.
THIS RULES WILL NOT_HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Chapter 7: Title 26, § 1412-E
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 12, 2008
AGENCY CONTACT PERSON: Eric Dibner, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7950
TTY: (888) 577-6690
E-MAIL:eric.dibner@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Medical Facilities Unit
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 2007-P331
CONCISE SUMMARYIZEN): Resolve 2007, Chapter 88 mandated DHHS to amend its hospital licensing rules to require each hospital, once every calendar year, to provide individually to each registered nurse in its employ information about the Whistleblowers’ Protection Act, including a copy of the text of the Act. Resolve 2005, Chapter 164 mandated DHHS to amend its hospital licensing rules to require that records of images of a patient using x-rays, magnetic resonance imaging or computerized tomography must not be destroyed without prior notice of intent to destroy or purge such images. Hospitals may provide the required notice through publication in a newspaper that has broad circulation in the region served by the hospital or directly to the patient prior to or after taking the image.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
ECONOMIC IMPACT ON SMALL BUSINESSES. [Applies to businesses with 20 or fewer employees.] DHHS has determined that the proposed amended licensing rules implementing the legislatively mandated notice requirements (explained above) can be performed within the hospital’s resources and no economic impact statement is required.
STATUTORY AUTHORITY: Resolve 2007, Chapter 88; Resolve 2005, Chapter 164; 22 MRSA § 42; and 22 MRSA Chapter 405.
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: January 16, 2008 at 5 p.m.
AGENCY CONTACT PERSON: Denise Osgood, RN, CNA, CPHQ, Manager, Division of Licensing and Regulatory Services, Medical Facilities Unit, 41 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 287-9332
FAX: (207) 287-9304. 1 (800) 621-8222
TTY 1 (800) 606-0215
E-MAIL: Denise.Osgood@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2007-P332
CONCISE SUMMARY: This proposed rule raises the cap on the prospective interim payments for acute care non-critical access hospitals to at least 80% of the calculated amount or the previous years PIP. Additionally, acute care critical access and non-critical access hospitals will be reimbursed for nonemergency room hospital based physician services at 85.58 percent of costs between February and June 2008 to ensure budgeted savings despite delayed implementation of the initial reduction in reimbursement for these services.
Additionally, this proposed rule also adds language pursuant to PL 2007, P & S Law Ch. 19, which requires that the Department, when carrying out final and interim settlements of payments to hospitals for services provided to MaineCare members, pay all final settlements for hospital fiscal years 2003 and earlier prior to paying interim settlements for services for hospital fiscal years 2005 and later. This does not limit the Department's authority to make ongoing MaineCare payments for services being rendered during the current fiscal year or provide partial settlements for hospital fiscal years 2004 and later to certain hospitals in need of such relief in order to relieve financial hardship.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities own two hospitals.
STATUTORY AUTHORITY: 22 MRSA §42, §42(8), §3173, PL 2007, P&S Law, Ch. 19
PUBLIC HEARING: Thursday, January 3, 2008, 9:00 a.m., DHHS, 442 Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Comments must be received by 11:59 January 13, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, 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)


ADOPTIONS



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 245, Military Life Insurance and Annuity Sales Practices
ADOPTED RULE NUMBER: 2007-508
CONCISE SUMMARY: The purpose of this Rule is to set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair.
EFFECTIVE DATE: January 1, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452



AGENCY: Joint rule promulgated by:
02-029 - Bureau of Financial Institutions, and
02-030 - Bureau of Consumer Credit Protection
CHAPTER NUMBERS:
Ch. 144, Bureau of Financial Institutions
Ch. 550, Bureau of Consumer Credit Protection
TITLE: Mortgage Lending: Guidelines for Determining Reasonable, Tangible Net Benefit and Ability to Pay
ADOPTED RULE NUMBER: 2007-509 and 510
CONCISE SUMMARY: This Rule, promulgated jointly by the Bureau of Consumer Credit Protection and the Bureau of Financial Institutions, is intended to delineate the concepts of “reasonable, tangible net benefit” and “ability to pay” set forth in the “Act to Protect Maine Homeowners from Predatory Lending,” Chapter 273 of the Public Laws of 2007.
1. Reasonable, Tangible Net Benefit. Pursuant to Title 9-A MRSA §§ 8-103 sub-§1-A, paragraph P and 8-206-D, sub-§1, paragraph B, a creditor may not knowingly or intentionally make a residential mortgage loan to a borrower who refinances an existing residential mortgage loan when the new residential mortgage loan does not have reasonable, tangible net benefit to the borrower, considering all of the circumstances, including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan and the borrower’s circumstances. Refinancing without providing such a benefit is known as “flipping” a residential mortgage loan. Section 5, part 1 of this Chapter defines the requirements for compliance with Title 9-A MRSA §8-206-D, sub-§ 1, paragraph B.
2. Ability to Pay. Pursuant to Title 9-A MRSA §8-206-D, sub-§1, paragraph G, a subprime mortgage loan may not be extended to a borrower, unless a reasonable creditor would believe at the time the loan is closed that the borrower will be able to make the scheduled payments associated with the subprime mortgage loan. Section 5, part 2 of this Chapter sets forth the criteria for determining whether or not a reasonable creditor would believe at the time the subprime mortgage loan is closed that the borrower will be able to make the scheduled payments associated with the subprime mortgage loan.
EFFECTIVE DATE: January 1, 2008
AGENCY CONTACT PERSON: Christian D. Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574



AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board
CHAPTER NUMBER AND TITLE: Ch. 3, Licensure / Registration Requirements
ADOPTED RULE NUMBER: 2007-511
CONCISE SUMMARY: Ch. 3 sets forth qualifications for licensure as a limited energy auditor technician; describes the scope of practice of a limited energy auditor technician; and sets forth certain obligations of the limited energy auditor technician in connection with the performance of combustion safety and efficiency tests on natural gas-fired and propane gas-fired space heating and water heating equipment.
EFFECTIVE DATE: December 9, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605



AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE:
Ch. 3, Categories and Responsibilities of Licensure
Ch. 4, Qualifications for Licensure
ADOPTED RULE NUMBER: 2007-512 and 513
CONCISE SUMMARY: Ch. 3 describes the scope of practice of a limited energy auditor technician and sets forth certain obligations of the limited energy auditor technician in connection with the performance of combustion safety and efficiency tests on oil-fired space heating and water heating equipment. Ch. 4 sets forth qualifications for licensure as a limited energy auditor technician.
EFFECTIVE DATE: December 9, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605