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Home > Weekly Newspaper Notices > July 2, 2008

July 2, 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: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 340, Mortality Tables for Determining Minimum Reserves and Nonforfeiture Benefits
PROPOSED RULE NUMBER: 2008-P140
CONCISE SUMMARY: The purpose of this amendment is to establish for preneed insurance products minimum mortality standards for reserves and nonforfeiture values, and to require the use of the 1980 Commissioners Standard Ordinary (CSO) Life Valuation Mortality Table for use in determining the minimum standard of valuation of reserves and the minimum standard nonforfeiture values for preneed insurance products. The amendment also makes minor technical corrections to existing portions of the Rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to Title 24-A MRSA §§ 212, 953 and 2532-A.
PUBLIC HEARING: No public hearing is scheduled. A public hearing will be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: Written comments must be received no later than August 1, 2008 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
E-MAIL: vanessa.j.leon@maine.gov



AGENCY: 04-056 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and regulations for lunch and campsites in the Penobscot Corridor, Lobster Lake and Chesuncook Lake
PROPOSED RULE NUMBER: 2008-P141
CONCISE SUMMARY: Increase the nonresident camping fee from $5.00 per night to $8.00 per night in conjunction with the Legislatively approved budget (sec. LLL-1 Commissioner of Conservation; camping fee.).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: MRSA, Title 12, §§ 1819 and 1825-4
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: August 1, 2008
AGENCY CONTACT PERSON: Tom Morrison, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4717
E-MAIL: tom.morrison@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 Section 45, Hospital Services
PROPOSED RULE NUMBER: 2008-P142
CONCISE SUMMARY: The proposed changes require hospitals to report NDC drug utilization to the Department for physician administered drugs, often referred to as “j code” drugs. Hospitals designated as “340 B hospitals” will be exempt from this requirement. The US Centers for Medicare and Medicaid Services (CMS) has required that state Medicaid programs have in place a mechanism for collecting National Drug Codes (NDC Codes) on all physician-administered drugs. The purpose of this requirement is to allow states to continue to collect negotiated rebates from drug manufacturers for drugs paid for by Medicaid programs. The proposed rule will require hospitals to submit quarterly utilization reports of the Medicaid Top 20 Physician-Administered Multiple Source Drugs (“j code” drugs), listed at: http://www.cms.hhs.gov/DeficitReductionAct/Downloads/Top20PhysicianAdministered.pdf.
The Department has determined that a failure to comply with this reporting requirement is a sanction, as defined in MBM, Chapter I, Section I, 1.19. The Department has determined that the sanction it will impose for such failure will be the offset of seven percent (7%) of PIP payments, which is further detailed in the proposed rule. 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
PUBLIC HEARING: Date: No public hearing is scheduled.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 1, 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: 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. 10, Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars
PROPOSED RULE NUMBER: 2008-P143
CONCISE SUMMARY): The Rule provides a means to register and verify flavored cigarette and cigar products first marketed prior to January 1, 1985 and analyze information submitted by manufacturers that may establish that the characterizing flavor of a flavored cigarette or flavored cigar product first marketed after January 1, 1985 is not one known to or one likely to appeal to youth. By requiring submission of specific product information related to characterizing flavors, associated packaging, promotion and brand style of flavored cigarettes and cigars, the Office of Attorney General will be able to verify that products first marketed prior to January 1, 1985 are not banned for sale in Maine. By requiring submission of specific product information related to characterizing flavors, constituents that impart a characterizing flavor and brand style of flavored cigarettes and flavored cigars the Office of Attorney General will be able to make findings to support granting or denying application for exemption of flavored cigarettes and flavored cigars first marketed after January 1, 1985.
Public Law 2007 Chapter 612, effective April 14, 2008, incorporates changes in the governing statute that require these Rules be amended. These Rules are being proposed for provisional adoption subject to approval by the Maine State Legislature. On a parallel track with these proposed amendments, the Office of the Attorney General is proceeding with authorized emergency rulemaking to amend these Rules to conform with the statutory changes to 22 MRSA §1560-D, sub-§5.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §1560-D(9)
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: August 4, 2008
AGENCY CONTACT PERSON: John Archard, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8837
E-MAIL: john.archard@maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #08-08
PROPOSED RULE NUMBER: 2008-P144
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: July 18, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 18, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 17, Community Support Services
ADOPTED RULE NUMBER: 2008-264
CONCISE SUMMARY: The adopted rules repeal Intensive Community Integration (ICI) Services and prorate reimbursement of partial month of Assertive Community Treatment (ACT) required by the adoption of the Supplemental Budget L.D. 2289 as P.L. 2007, c. 539, Section A-1 and Governor’s Change Package. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy and Performance Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: ginger.roberts-scott@maine.gov



AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2008-265
CONCISE SUMMARY: Per statutory requirement, 32 MRSA §2158 changes ratio from 1 to 1 to 1 to 3 for instructor to pupil of CNA medication course when in clinical setting and allows for other assessment mechanisms in addition to Test of Adult Basic Education (TABE)
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 2008-266
CONCISE SUMMARY: Operationalizes requirements for supervising nurse practitioners during the 24 month supervision period of new nurse practitioners and raises fee.
EFFECTIVE DATE: June 25, 2008
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
E-MAIL: virginia.e.delorimier@maine.gov



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. #158A: Non-Heat Utility Standard Update & Various Policy Clarifications
ADOPTED RULE NUMBER: 2008-267
CONCISE SUMMARY:
This rule adopts the following change to comply with Federal Law:
1. The Non-Heat Utility Allowance (NHUA) Standard is being lowered from $182 to $172 per month. Some Food Stamp households may receive a slight decrease in benefits due to the decrease in the NHUA. This decrease, authorized by the Food and Nutrition Service, is being made as the result of decreases in certain cost elements in Maine, such as water and trash collection, used to calculate this standard.
This rule also provides the following policy clarifications, deletions and additions:
1. Deletes Asset Exclusion example of “resources that cannot be sold or disposed of for a significant return” and instead defines “significant return”.
2. Deletes ‘Garnished wages are counted” from list of Excluded Income as it is misplaced text.
3. Clarifies that Americorps does not provide an on-the-job training (OJT) program so there would never be a need to count Americorps income.
4. Inserts the words “Senior” before the words “Community Service Employment Program” under the list of Excluded Income to update the name of this program.
5. Deletes a paragraph on one page previously moved to another page in a recent Emergency Rule.
6. Clarifies what months to use when determining time limits and amounts for overpayments.
7. Corrects formatting and headings on affected pages and connecting pages to this rule.
This rule will not have an adverse impact on small business.
EFFECTIVE DATE: July 1, 2008
AGENCY CONTACT PERSON: Robert L. 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
E-MAIL: bob.thibodeau@maine.gov



AGENCY: 26-239 - Office of the Attorney General
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars (Emergency major substantive)
ADOPTED RULE NUMBER: 2008-268
CONCISE SUMMARY: This chapter describes the procedures under which tobacco manufacturers may file statements for flavored cigarette or cigar products first on the market prior to January 1, 1985 and for the verification of those statements. This chapter also describes the procedures and criteria tobacco manufacturers must meet to be entitled to an exemption from the flavored cigarette and flavored cigar ban for those flavored products first on the market after January 1, 1985. Pursuant to 22 MRSA §1560-D, the Office of the Attorney General is responsible for administering the exemptions to the ban on flavored cigarettes and cigars, and for promulgating these Rules.
P.L. 2007 Chapter 612, effective April 14, 2008, incorporates changes in the governing statute that require these Rules be amended. The Department is proceeding with the authorized emergency rulemaking to amend these Rules to conform with the changes to 22 MRSA §1560-D, sub-§5.
EFFECTIVE DATE: July 2, 2008
AGENCY CONTACT PERSON: John Archard, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006
TELEPHONE: (207) 626-8837
E-MAIL: john.archard@maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-08
ADOPTED RULE NUMBER: 2008-269
CONCISE SUMMARY: Minimum July 2008 Class I price is $24.03/cwt. plus $1.17/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $.0/cwt. handling fee for a total of $27.25/cwt. 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: June 29, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules (Emergency)
ADOPTED RULE NUMBER: 2008-270
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make revisions to the eligible students and borrowers, credit underwriting, finance charges, and payment terms of MELA’s The Maine Loan®, The Maine Medical Loansm, and MELA Private Consolidation Loansm programs. In addition, a revision is being made to the aggregate balance for non-MELA loans consolidated under the consolidation loan program.
The unprecedented and continuing disruption in the capital markets resulting from the sub prime mortgage crisis has impacted student loan lenders across the country, including MELA. In order to ensure continuity of its supplemental education loan program, MELA needs to make immediate changes to the terms of its loan programs prior to disbursing funds for the 2008-09 academic year. This emergency rule is necessary to avoid an immediate threat to the welfare of Maine students and families needing supplemental education financing to begin or continue to pursue their higher education degree programs.
EFFECTIVE DATE: June 25, 2008
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103
TELEPHONE: (207) 400-3011
E-MAIL: serickson@mela.net



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 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded (ICF-MR)
ADOPTED RULE NUMBER: 2008-271
CONCISE SUMMARY: The federal Tax Relief and Health Care Act, P.L. 109432, Section 403, modified the maximum allowable level for health care provider taxes that may be applied in Medicaid from 6 percent to 5.5 percent. This rule revises and updates one section of ICF-MR policy in order to comply with that law. ICFs-MR subject to the Health Care Provider Tax defined in State law 36 MRSA Ch. 373, will have the tax treated as an allowable fixed cost. The proposed rule does not impose an economic burden on small business, municipalities or counties.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 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: 10-148 - Department of Health and Human Services, Office of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Levels of Care for Foster Homes
ADOPTED RULE NUMBER: 2008-272
CONCISE SUMMARY: These rules describe the procedures and requirements for Levels of Care. Levels of Care is a process for assessing the service needs of all Maine children currently in foster care and new children entering foster care. The goal of Levels of Care is to have all children in foster care regularly assessed in a standardized way, both to support the appropriate level of care and service in the least restrictive setting possible and to assure that care and services delivered are supporting the goal of permanency for each child. The rule also identifies the reduced reimbursement rates associated with each level of care as mandated by the Legislature.
EFFECTIVE DATE: July 1, 2008
AGENCY CONTACT PERSON: Christa Elwell, Department of Health & Human Services, Office of Child & Family Services, 2 Anthony Ave., Augusta, ME 04333
TELEPHONE: (207) 624-7900
E-MAIL: christa.elwell@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 Section 46, Psychiatric Hospital Services
ADOPTED RULE NUMBER: 2008-273
CONCISE SUMMARY: This rule revises and updates Psychiatric Hospital Services policy. The rule tightens eligibility criteria for children receiving MaineCare eligibility solely through “Katie Beckett” eligibility to assure that only those children with Severe Emotional Disturbance, who would otherwise require institutional level of care, as required by 42 U.S.C. §1396a(e)(3) become eligible for the intensive behavioral health services described in this Section. That new language is expected to result in only children who would otherwise require the level of care provided in an institution being deemed eligible through Katie Beckett. The rule provides definitions used in medical eligibility determination, require the diagnosis of a mental health clinician and documentation of functional need for these services, and detail the process for evaluation and reassessment of eligibility. The rule adds requirements for registration, central enrollment, and utilization review of all services reimbursed under this Section, to be performed by the Department or its Authorized Agent. The rule also removes some sections duplicated in other MaineCare or licensing rules and makes numerous technical corrections and updates. This rule is not expected to have an adverse impact on small business.
This rule change is expected to save approximately $2.2 million per SFY ($813,418 general funds, $1,454,582 general funds) due to stricter eligibility requirements.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 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