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Home > Weekly Newspaper Notices > May 28, 2008

May 28, 2008

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: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Proposed Changes in Ch. 10 to Debsconeag Deadwater, Lake Management Class and Associated Zoning
PROPOSED RULE NUMBER: 2008-P105
CONCISE SUMMARY: The Land Use Regulation Commission is seeking public comment on proposed changes of the lake management classification and associated zoning for Debsconeag Deadwater. The proposal would change Debsconeag Deadwater from a Management Class 1 to a Management Class 2 lake, and would consequently replace the adjacent ¼ mile Recreation Protection Subdistrict with a 500-foot wide Accessible Lake Protection Subdistrict. The proposed change of the management class from 1 to 2 in effect corrects an inaccurate assessment of Debsconeag Deadwater accessibility by vehicle when the Commission developed the Lake Management Program in the late 1980s and adopted the program and associated rezonings in June of 1990. The zoning amendments affect T1 R9 WELS, T2 R9 WELS, T1 R10 WELS, and T2 R10 WELS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §684 and §685-A, 7-A, 8-A, and 8-B, and 685-C, 5
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Friday, June 27, 2008
AGENCY CONTACT PERSON: Susan Burns, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4969
E-MAIL: susan.burns@maine.gov



AGENCY: 02-318 - Department of Professional & Financial Regulation, Office of Licensing and Registration, Electricians’ Examining Board
RULE TITLE OR SUBJECT:
Amend Ch. 100, Advisory Rulings
Amend Ch. 120, Electrical Installation Standards
New Ch. 125, Scope of Practice
Repeal and Replace Ch. 130, Examination and Licensing Requirements
Amend Ch. 150, Reciprocity
Repeal Ch. 160, Complaints, Investigations and Adjudicatory Hearings
New Ch. 170, Denial Appeals
PROPOSED RULE NUMBER: 2008-P106 thru P112
CONCISE SUMMARY: The Board’s rules require revision for the following reasons:
1. To clarify guidelines for issuing advisory rulings and remove sections that are no longer needed such as Meeting Notices, Meeting Agendas and Records.
2. To adopt the 2008 edition of the National Electrical Code, with Maine specific amendments and exceptions.
3. To set forth the scope of practice of the various licenses issued by the Board.
4. To clarify the examination and licensure requirements for the various licenses issued by the Board as well as clarify the renewal, continuing education and late renewal requirements.
5. To clarify the filing requirements for licensure by reciprocity.
6. To set forth a licensee’s right to appeal certain board actions.
The statement of economic 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 §§ 1153, 1153-A, 1202, 1204, and 1206, 10 MRSA §8003(5-A), 5 MRSA §8051, 9001(4)
PUBLIC HEARING: June 20, 2008, 9:00 a.m., Department of Professional and Financial Regulation, Androscoggin Room, 122 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR COMMENTS: June 30, 2008
WEBSITE LINKAGE TO TEXT OF THESE PROPOSED RULES: www.maine.gov/professionallicensing (right column under FEATURED)
AGENCY CONTACT PERSON: Cheryl Hersom, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605
E-MAIL: cheryl.c.hersom@maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 75, Protected Resources (new chapter); and Ch. 25, Lobster and Crab, Section 25.20, Protected Resources (move to Ch. 75)
PROPOSED RULE NUMBER: 2008-P113 and P114
CONCISE SUMMARY: The Maine Department of Marine Resources proposes gear restrictions for consistency and for compliance with the federal requirements in the NOAA Fisheries Service Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act. The various gear restrictions would apply to trap and pot fisheries (including but not limited to all crab species, hagfish, finfish, whelk, and shrimp), plus gillnet fisheries inside the Maine Sliver Area and federal waters. The protected resource rules from lobster and crab regulations Ch. 25.20 would be moved into Ch. 75. In additional to those preexisting rules this proposal would define the “Maine Sliver Area”, add the 4-inch marker in the Sliver Area, add weak links on all floatation/weighted devices in the Sliver Area and federal waters, fold in other trap and pot fisheries into the Sliver Area and federal waters, and rules for gillnets would be added to meet the federal gear restrictions when fished in the Sliver Area and federal waters.
NOAA Fisheries Service issued their final rule October 5, 2007, 72 FR 57104, which becomes effective April 5, 2008. For additional information visit the ALWTRP website: http://www.nero.noaa.gov/whaletrp/
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: Monday, June 16, 2008, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith at (207)287-7578.
DEADLINE FOR WRITTEN COMMENTS: June 26, 2008
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. E-MAIL: laurice.churchill@maine.gov
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
E-MAIL: laurice.churchill@maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2008-P115
CONCISE SUMMARY: The change to Ch. 346, Section 1, Subsection 11 Adoption of Federal Regulations, A2 is necessary to avoid threats to the public health of Maine consumers, and to maintain Equal-To status with USDA, Food Safety Inspection Service (FSIS). This change incorporates the 2008 version of federal regulations, Title 9 CFR Ch. III, that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E. coli O157:H7, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING: June 17, 2008, 10:00 a.m., Department of Agriculture, Deering Bldg, Room 319, 90 Blossom Lane, Augusta Maine 04330
DEADLINE FOR COMMENTS: June 27, 2008
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: hal.prince@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 162, The Administration of the International Registration Plan
PROPOSED RULE NUMBER: 2008-P116
CONCISE SUMMARY: This chapter outlines the procedures and standards governing Maine’s participation in the International Registration Plan pursuant to 29-A MRSA §531-3.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §531-3
PUBLIC HEARING: June 16, 2008 at 10:30 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: June 26, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: francis.fox@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. II and III Section 90, Physician Services
PROPOSED RULE NUMBER: 2008-P117
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II and III Section 90, Physician Services. The Department proposes an increase to the MaineCare reimbursement rate for physician services from fifty-three percent (53%) to sixty-one and seven tenths percent (61.7%) as of July 1, 2008. In addition to these changes, the Department is proposing to add application of fluoride topical varnish by physicians for members under the age of twenty-one (21) who are at high risk for caries.
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: Wednesday, June 18, 2008, 9:00 a.m., Department of Heath and Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: Comments must be received by midnight June 29, 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)
E-MAIL: patricia.dushuttle@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. VI, Primary Care Case Management
PROPOSED RULE NUMBER: 2008-P118
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to Ch. VI, Primary Care Case Management (PCCM). The changes increase the primary care case management fee to $3.50 per member per month. The rule proposes an expansion to PCCM eligibility to include those members with Supplemental Security Income (SSI) who are not eligible for Medicare. The Department added language to sub-section 1.08-2 (o) stating that participating physicians must oversee and manage a care plan for patients who have chronic conditions including but not limited to: Chronic Obstructive Pulmonary Disease (COPD), Asthma, Cardiovascular Disease (CVD), depression and/or diabetes. Some MaineCare members will be exempted from participation, including but not limited to those who are hospitalized (inpatient) on the date they are enrolled, those Native American or Alaskan members who by federal authority may voluntarily opt out of the program, and certain foster children. The Department also proposes that PCCM providers no longer be required to manage audiology, speech and hearing services. The Department has additionally updated language consistent with Ch. I that clarifies care for undocumented aliens. The Department proposes several other structural, administrative and grammatical changes and updates to make the rule consistent with language in other areas of the MaineCare Benefits Manual (MBM). This proposed rule does not have any adverse impact on small business.
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, PL 2007 chapter 240, Part A
PUBLIC HEARING: Date: June 18, 2008 8:00 a.m. Location: Conference 1A, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 13, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 29, 2008.
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, 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)
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendment to Ch. 1292, State-imposed Shoreland Zoning Ordinance for the Town of Carthage
PROPOSED RULE NUMBER: 2008-P119
CONCISE SUMMARY: This rule will amend the Official Shoreland Zoning Map for the Town of Carthage by removing the Resource Protection District from the area within 250 feet of Podunk Pond, and placing that area into the Limited Residential District.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §438-A(4)
PUBLIC HEARING: None Scheduled. Written comments are invited.
DEADLINE FOR COMMENTS: June 30, 2008 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730
E-MAIL: rich.p.baker@maine.gov



AGENCY: 94-348 - Maine Human Rights Commission
RULE TITLES OR SUBJECTS:
(1) Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
(2) Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBERS: 2008-P120 and P121
CONCISE SUMMARY: The amendment is proposed to conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Ch. 664, 123rd Maine State Legislature. The new statutory provisions, which become effective July 17, 2008, add a definition of “service animal” to the Act and address service animals in housing and places of public accommodation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: June 27, 2008
AGENCY CONTACT PERSON: John P. Gause, Esq., Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050
E-MAIL: john.p.gause@maine.gov


ADOPTIONS



AGENCY: 18-364 - Maine State Liquor & Lottery Commission
CHAPTER NUMBER AND TITLE: Ch.1, Maine State Lottery
ADOPTED RULE NUMBER: 2008-202
CONCISE SUMMARY: The proposed rule is intended to standardize the minimum commission paid to retail agents for instant ticket sales in Maine closer to national and New England averages. The rule allows the Director, with the approval of the commission, to increase the minimum sales commission for both instant and on-line tickets sold for particular games. The rule also allows the Director, with approval of the Commission, to provide additional incentives to agents including cashing bonuses. This rule is promulgated pursuant to 8 MRSA §374.
EFFECTIVE DATE: May 26, 2008
AGENCY CONTACT PERSON: Dan Gwadosky, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756
E-MAIL: dan.gwadosky@maine.gov



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.05, Definitions, and Ch. 2.90, Limited-purpose Aquaculture (LPA) License – updates and Municipal LPA
ADOPTED RULE NUMBER: 2008-203
CONCISE SUMMARY: Updates have been adopted to the Limited-purpose aquaculture (LPA) license in accordance with the statutory change to allow municipal shellfish committees to obtain LPA licenses. Separate technical clarifications are also proposed to the LPA rules regarding application requirements.
CHAPTER NUMBER AND TITLE: Ch. 21, Shellfish Relay
ADOPTED RULE NUMBER: 2008-204
CONCISE SUMMARY: The adopted regulations update Ch. 21 “Shellfish Relay” and provide compliance with the National Shellfish Sanitation Program (Model Ordinance) Ch. V., Shellstock Relaying.
CHAPTER NUMBER AND TITLE: Ch. 2.95, Water Quality Classifications and Shellfish Aquaculture; Ch. 2.90(3)(C)(3), LPA - Shellfish Less than 25 mm. in Size - citation correction; and Ch. 22, Shellfish Culture in Closed Areas – updated and moved into Ch. 2.95
ADOPTED RULE NUMBER: 2008-205 and 206
CONCISE SUMMARY: These adopted regulations move an updated version of Ch. 22 into Ch. 2. The amendments replace and update Ch. 22 “Shellfish Culture in Closed Areas” with Ch. 2.95 “Water Quality Classifications and Shellfish Aquaculture”, which is compliant with the National Shellfish Sanitation Program (Model Ordinance), Ch. VI, Shellfish Aquaculture.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(4)(b)(ii)&(iii), Atlantic Halibut, Size and Possession Limits – technical clarification for aquaculture
ADOPTED RULE NUMBER: 2008-207
CONCISE SUMMARY: These adopted regulations will provide a size and possession limit exemption for Atlantic halibut raised by means of aquaculture. Recent regulation changes for Atlantic halibut created an unintended consequence making it illegal to buy and sell Atlantic halibut raised by aquaculture when those fish are less than the newly established minimum size for wild captured fish. Although Maine finfish lease holders have a separate exemption for this purpose the new rules do not apply to land-based aquaculture facilities or aquaculture facilities from other jurisdictions. The adopted amendments would address this inconsistency.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(2)&(4), Recreational summer flounder size increase, bag limit and season
ADOPTED RULE NUMBER: 2008-208
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission (ASMFC) Summer Flounder Board approved State recreational management measures during their meeting February 7, 2008. The precautionary default measures include a two fish possession limit at a 20-inch minimum size with an open season from July 4 to September 1. These adopted regulations meet the conservation requirements of the resource program in accordance with the ASMFC Summer Flounder fisheries management plan in Maine territorial waters.
CHAPTER NUMBER AND TITLE: Ch. 90.20(1), Hancock County; Taunton Bay Management Area (Hancock, Sullivan, and Franklin)
ADOPTED RULE NUMBER: 2008-209
CONCISE SUMMARY: These adopted regulations create a pilot program for a localized resource management area within Taunton Bay. The rules define the boundaries of the management area within which harvesters of mussels, scallops, urchin and kelp would share stewardship responsibilities with the Department. Eligibility will be determined by license holders who notify the Department in writing by a set deadline and participate in a mandatory stewardship pre-harvest meeting to identify harvest areas and allocations that avoid conflict between harvesters and non-harvested sensitive resources. The final plan must be approved by the Commissioner and the DMR Advisory Council in accordance with 12 MRSA §6171(2-A). Harvesters will be required to report trip level data including by-catch except for kelp harvest. The rules sunset December 31, 2010 or if found to be inefficient or impractical it may be repealed by the Commissioner, in consultation with the Taunton Bay Advisory Group, prior to the sunset.
EFFECTIVE DATE: May 26, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: laurice.churchill@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 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2008-210
CONCISE SUMMARY: The Department has adopted rules to increase the Resource Adjusted Price by three percent for all resource groups for Adult Family Care Services to accommodate a cost of living adjustment. This increase will result in $58,553.52 annual increase in expenditures to the General Fund. This rule is not expected to have any adverse economic impact on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 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/Hard of Hearing)
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Batterer Intervention Program Certification
ADOPTED RULE NUMBER: 2008-211
CONCISE SUMMARY: The Maine Department of Corrections is proposing to repeal and replace the existing standards for the certification of batterer intervention programs pursuant to 19-A MRSA §4014(1) to revise the Standards as a result of the 2007 biannual review. The Maine Department of Corrections developed the proposed rules in consultation with the Maine Commission on Domestic and Sexual Abuse in accordance with the provisions of 19-A MRSA §4014(1). The proposed revisions to the Batterer Intervention standards will result in improved operation of the Batterer Intervention Programs.
EFFECTIVE DATE: June 20, 2008
AGENCY CONTACT PERSON: Esther Riley, Maine Department of Corrections, State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-2711
E-MAIL: esther.riley@maine.gov



AGENCY: 16-222 - Maine Department of Public Safety, Bureau of the Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2008-212
CONCISE SUMMARY: Through this rulemaking, the Bureau of the Maine State Police:
* Has consolidated Ch. 4 and 4.1 into a single Ch. 4, for ease of use and reference by the regulated community;
* Has adopted and incorporated by reference 49 CFR Part 385, as amended; and
* Has adopted and incorporated by reference 49 CFR § 383.53.
EFFECTIVE DATE: May 28, 2008
AGENCY CONTACT PERSON: John Fraser, Bureau of the Maine State Police, 20 State House Station, Augusta, ME 04333-0020
TELEPHONE: (207) 624-8914
E-MAIL: john.w.fraser@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. II & III Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2008-213
CONCISE SUMMARY: The adopted rule permanently repeals Section 65.A.02.B. Day Treatment Services for children in accordance with the governor’s curtailment order pursuant to Title 5 MRSA §1668. Day Treatment Services are available through MaineCare Benefits Manual Section 41, Day Treatment Services. This rule permanently adopts Emergency rules in effect from March 1, 2008 through May 29, 2008 for this service. The rulemaking also repeals Section 65.A.02.E. Infant Mental Health Services as those services are provided under Section 65.A.02.F. Children’s Outpatient Services. The Department made routine technical changes and deleted coding no longer used in Ch. III reimbursement.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 29, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner Division of Policy and Performance, 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)
E-MAIL: ginger.roberts-scott@maine.gov