Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > October 29, 2008

October 29, 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: 02-465 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Radiologic Technology Board of Examiners
RULE TITLE OR SUBJECT:
Ch. 1, Application and Scope
Ch. 2, Definitions
Ch. 3, Advisory Rulings
Ch. 4, Licensure of Radiographers, Nuclear Medicine Technologists and Radiation Therapists
Ch. 5, Temporary Licenses and Special Permits
Ch. 6, Trainees for Limited Radiographer License
Ch. 7, Limited Radiographer License
Ch. 8, Scope of Practice
Ch. 9, Initial Application, License Renewal and Continuing Education
Ch. 10, Denial Appeals
Ch. 11, Grounds for Disciplinary Action
PROPOSED RULE NUMBER: 2008-P285 through P295
CONCISE SUMMARY: The proposed rules repeal and replace the board rules that are currently in effect. Major changes include: (Ch 2) defining dual imaging devices that can be used in nuclear medicine technology; defining the scope of supervision (direct or indirect) to be exercised over trainees at different stages of their training as per Ch 8, §§1 and 2; (Ch 3) establishing a procedure for considering requests for issuance of advisory rulings; (Ch 4) re-organizing the licensure provisions for radiographers, nuclear medicine technologists and radiation therapists; recognizing educational programs approved by the Nuclear Medicine Technology Certification Board and the American Registry of Radiologic Technologists as additional pathways to licensure; (Ch 5) discontinuing issuance of temporary licenses to new graduates prior to their application for full licensure; (Ch 6 &7) substantially revising the course of study and clinical training program for trainees for the limited radiographer license; requiring monthly progress reports signed by the trainee and the trainee’s supervising practitioner; limiting the maximum duration of the limited radiographer traineeship to one year, and prohibiting persons from working as limited radiographer trainees after expiration of the 1-year training period; designating the examination for the limited radiographer license; (Ch 8) describing the scope of practice of radiographers, nuclear medicine technologists, radiation therapists and limited radiographers; (Ch 9) removing the requirement that licensees submit documentation of continuing education with their license renewals; removing the designation of probation as the express method of discipline for licensees who fail to complete continuing education; providing for hardship deferment of continuing education; providing for inactive status licensure and reinstatement to active status; Ch 11) revising the grounds for disciplinary action for consistency with 10 MRSA §8003(5-A)(A) and 32 MRSA §9060-A.
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: 5 MRSA §§ 8051, 9001(4); 10 MRSA §§ 8003(5-A), 8003(5-A)(A)(5), 8003(5-A)(D)(5); 32 MRSA §§ 9853(6)(C), 9853(6)(E), 9854(3)(C), 9855(4).
PUBLIC HEARING: November 20, 2008, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: December 8, 2008
AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207)624-8420
E-MAIL: penny.vaillancourt@maine.gov
RULES AVAILABLE ONLINE AT: www.maine.gov/professionallicensing



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: MaineCare Proposed Policy #245RP - $25 Enrollment Fee
PROPOSED RULE NUMBER: 2008-P296
CONCISE SUMMARY: The Department is assessing an annual enrollment fee of $25 per adult individual for participation in the MaineCare program for an eligible parent or caretaker relative of a child when the family's income exceeds 150% of the Federal Poverty Level. This rule is not expected to have an adverse impact on small businesses.
The Department originally proposed this rule as an enrollment fee for each family. Further analysis revealed that the Legislature's mandate of cost savings and their language in the Supplemental Budget Bill, 2007 P.L. Ch. 539, anticipated that the enrollment fee would be required of each parent or caretaker relative in a family.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3174-G. sub-§1-D and 2007 P.L. Ch. 539, and 42 USC §1396 (Section 1916 of the Social Security Act)
PUBLIC HEARING: Monday, November 17, 2008 at 9:00 a.m., at Jewett Hall Auditorium, 46 University Dr., Augusta, ME 04330
DEADLINE FOR COMMENTS: November 27, 2008
AGENCY CONTACT PERSON Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800)-606-0215 (Deaf/Hard of Hearing)
E-MAIL: Bethany.Hamm@Maine.gov



AGENCY: 90-351 - Workers’ Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity: 2(2)(8), Extension of Benefits
PROPOSED RULE NUMBER: 2008-P297
CONCISE SUMMARY: Because Maine’s frequency of disabling cases is less than the national average, the Board is proposing to extend the benefit limitation by 52 weeks.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ ?152(2) and 213(4)
PUBLIC HEARING: Monday, November 17, 2008, 10:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, December 1, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7086
E-MAIL: John.Rohde@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #12-08
PROPOSED RULE NUMBER: 2008-P298
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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: November 21, 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: November 21, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL ADDRESS: Tim.Drake@Maine.gov



AGENCY: 02-392 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Pharmacy
RULE TITLE OR SUBJECT: Ch. 1, Section 8-A, Definitions; Ch. 33, Access to Certain Medications by Certified Midwives
PROPOSED RULE NUMBER: 2008-P299 and P300
CONCISE SUMMARY: Proposed Ch. 33 of the board's rules permits midwives certified by either of the two credentialing organizations identified in proposed Ch. 1, Section 8-A of the board's rules to purchase a limited number of noncontrolled drugs and substances to administer to birthing mothers and newborns, and permits pharmacists to sell such noncontrolled drugs and substances to certified midwives. The proposed rules require pharmacists to verify the identity of a certified midwife who purchases one of the noncontrolled drugs or substances identified in the rules. The proposed rules require retail pharmacies to keep a log of injectable oxytocin or injectable vitamin K sold to a certified midwife. The proposed rules require certified midwives to keep purchase and destruction records of injectable oxytocin and injectable vitamin K. The proposed rules require certified midwives to keep administration records of all noncontrolled drugs and substances identified in the proposed rules. The proposed rules require certified midwives to report the following to the Department of Health and Human Services: (a) the administration of oxytocin for intramuscular use, (b) any time a patient experiences an adverse reaction to a noncontrolled drug or substance administered by the certified midwife, and (c) any medical emergency experienced by a patient to whom a noncontrolled drug or substance was administered by the certified midwife. The proposed rules require certified midwives to provide the purchase, destruction and administration records described above annually to the board.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/professionallicensing
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 13720, 13722(1)(A), 13723, 13811, 13812
PUBLIC HEARING: November 18, 2008, 8:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: December 12, 2008
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625
E-MAIL: Geraldine.L.Betts@Maine.gov



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 335, Significant Wildlife Habitat
PROPOSED RULE NUMBER: 2008-P301
CONCISE SUMMARY: The proposed amendments are intended (1) to update text to be consistent with recent statutory changes, and (2) to make other corrections, clarifications and minor changes. This rulemaking is not intended to set significant new policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 341-D(1-B); 38 MRSA 480-A – 480-FF; PL 2007, ch. 290, An Act Concerning the Natural Resources Protection Laws and Related Provisions; PL 2007, ch. 527, An Act to Expand the Natural Resources Protection Act Compensation Program; PL 2007, ch. 533, An Act to Streamline the Administration of Significant Vernal Pool Habitat.
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the agency contact person listed below, and received by the comment deadline below.
DEADLINE FOR COMMENTS: December 1, 2008 at 5:00 p.m. Comments may be submitted by mail, e-mail or fax to the contact person listed below. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the rule is available upon request from the contact below, and on the web at: http://www.maine.gov/dep/blwq/rule.htm. A copy of the small business economic impact statement may be obtained from the contact below.
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799
E-MAIL: Hetty.L.Richardson@maine.gov
FAX: (207) 287-7826



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
PROPOSED RULE NUMBER: 2008-P302 through P304
CONCISE SUMMARY: The Board is proposing to amend three rule chapters affecting aerial spraying by making the following changes: (1) to amend Ch. 10 to redefine Sensitive Areas and create a new subcategory of Sensitive Areas Likely to Be Occupied, (2) to amend Ch. 22 to create a new section specific to aerial application and replace the existing “prima facie evidence of a violation” section with a new “Standard of Harm” section, and (3) to amend Ch. 28 to require persons contracting for an aerial application within 1,000 feet of occupied areas to determine whether occupants desire prior notification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §§ 8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: Friday, November 21, 2008, at 9:00 a.m., at the Bangor Motor Inn, 701 Hogan Road, in Bangor
DEADLINE FOR COMMENTS: 5:00 p.m. on Wednesday, December 3, 2008
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm
TELEPHONE: (207) 287-2731
FAX: (207) 624-5035
E-MAIL: Henry.Jennings@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 313, Net Energy Billing Rule to Allow Shared Ownership
PROPOSED RULE NUMBER: 2008-P305
CONCISE SUMMARY: The Commission is initiating rulemaking to adopt provisional rules that would amend its current net energy billing rule to allow net billing for customers who share in the ownership of an eligible renewable facility.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 1301, 3203(9) and 3210
PUBLIC HEARING: 2:00 p.m. on November 21, 2008, 242 State Street, Augusta, Maine
COMMENT DEADLINE: December 3, 2008, however, the Commission requests that comments be filed by November 17, 2008 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
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2008-P306
CONCISE SUMMARY: Maine State Housing Authority desires to amend the rule to (i) increase income eligibility to 230% of the poverty level for the state for households with members who are elderly, under two years old, or susceptible to hypothermia, (ii) increase income eligibility to 200% of the poverty level for the state for all other households, (iii) target more funds to the neediest households, (iv) change the maximum Emergency Crisis Intervention Program benefit for energy related emergencies from $200 to an amount to be determined annually based on economic conditions and available funding, (v) clarify income determination requirements, and (vi) make minor technical changes.
ELECTRONIC LINK TO RULE: http://www.mainehousing.org/ABOUTRules.aspx
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4722(1)(W), 4741(15), and 4991 et seq.; 42 U.S.C.A. §§ 8621 et seq.
PUBLIC HEARING: Tuesday, November 18, 2008, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: November 28, 2008 at 5:00 p.m.
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603
FAX: (207) 626-4678
E-MAIL: Luhl@Mainehousing.org



AGENCY: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
PROPOSED RULE NUMBER: 2008-P307
CONCISE SUMMARY: As originally proposed, Ch. 14 was designed to update the rule to comport with recent changes made by the American Dental Association regarding Minimal, Moderate, and Deep Sedation and General Anesthesia. All previous language of the rule was to be replaced. On October 22, 2008, the Board reviewed all written and oral comments submitted concerning the proposed rules, including chapter 14. Following its review, the Board, pursuant to 5 MRSA §8052(5), voted to make two substantive changes to the rules as originally proposed. Therefore, the Board has re-proposed Ch. 14 to: (1) include the ability for a limited time to waive the educational and training requirements for moderate sedation permits for qualified applicants; and (2) eliminate the requirement that dentists administering moderate sedation employ ECG monitoring. All previous language of Ch. 14 will be replaced with the attached proposed language.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2) and 1089
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: November 28, 2008
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3333
E-MAIL: Teneale.E.Johnson@Maine.gov


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 885, Land Use Regulation Exemption
ADOPTED RULE NUMBER: 2008-486
CONCISE SUMMARY: This Ch. establishes the procedures and standards that govern public utility and energy infrastructure developer requests for exemptions from municipal zoning ordinances and Land Use Regulation Commission regulations.
EFFECTIVE DATE: October 25, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
CHAPTER NUMBER AND TITLE: Ch. 1, Division of Vocational Rehabilitation Rules
ADOPTED RULE NUMBER: 2008-487
CONCISE SUMMARY: The amendment has two changes to the text of the rule: (1) Deletion of language in the section of the rule regarding the appeals process to reflect changes made in a previous rulemaking relating to the elimination of administrative review; (2) Moving language in the section of the rule regarding case closure to a more appropriate location.
EFFECTIVE DATE: October 25, 2008
AGENCY CONTACT PERSON: Alice Johnson, Division of Vocational Rehabilitation, 150 State House Station, Augusta ME 04333-0150
TELEPHONE: (207) 623-7964
E-MAIL: Alice.C.Johnson@Maine.gov



AGENCY: 94-078 - Energy and Carbon Savings Trust
CHAPTER NUMBER AND TITLE: Ch. 1, Emergency Major Substantive Rule for Allocation of Money for Low-Income Fossil Fuel Programs (Emergency major substantive)
ADOPTED RULE NUMBER: 2008-488
CONCISE SUMMARY: This emergency rule authorizes the Energy and Carbon Savings Trust to utilize up to $750,000 derived from the sale of carbon dioxide allowances pursuant to the Regional Greenhouse Gas Initiative Act of 2007 to fund programs to implement fossil fuel conservation and efficiency measures during the winter of 2008-2009 for low-income households that heat with fossil fuels. It also establishes the criteria for funding such programs.
EFFECTIVE DATE: October 21, 2008
AGENCY CONTACT PERSON: Jean Guzzetti, Energy and Carbon Savings Program, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-6345
E-MAIL: Jean.Guzzetti@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 97, Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2008-489
CONCISE SUMMARY: In this rulemaking, the Department is eliminating reimbursement for bedhold days. The Department has permanently adopted these changes currently in effect by emergency rule. These rules are intended to achieve a savings of $2,000,000.00 in the general fund for SFY 08-09. Compliance with this rule change is not anticipated to impose additional administrative costs on small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 30, 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
TTY: 1 (800) 423-4331 or (207)-1828 (Deaf/Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov




AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: FINAL RULES: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2008-490
CONCISE SUMMARY: This final rule permanently adopts an emergency rule eliminating a restriction on reimbursement for bedhold days in those instances where an associated PNMI treatment cost has not been billed under MaineCare. The rule change removes language in Ch. 115, Principles of Reimbursement for Residential Care Facilities. In a separate rulemaking, the Department has eliminated reimbursement for Private Non-Medical Institution (PNMI) bedhold days for those days reimbursed by the MaineCare program. Providers billing for PNMI services under Appendices C and F will still be able to bill up to thirty (30) bedhold days per calendar year when a member is absent from the facility. The codes used for this billing continue to be reimbursed with the billing codes "BL" and "MRBL." This will allow for continued reimbursement of some routine fixed costs that are not eliminated when the member is temporarily absent from the facility. These funds are reimbursed by all state dollars, and are not matched with reimbursement from the federal Medicaid program. Compliance with this rule change is not anticipated to impose additional administrative costs on small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 30, 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
TTY: 1 (800) 423-4331 or (207)-1828 (Deaf/Hard of Hearing)
E-MAIL:Patricia.Dushuttle@Maine.gov



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule (Emergency)
ADOPTED RULE NUMBER: 2008-491
CONCISE SUMMARY: The amendment increases income eligibility up to 230% of the poverty level for the State of Maine for persons who are susceptible to hypothermia and to 200% of the poverty level for the State of Maine for all other households. The amendment also targets more money to the households with the lowest incomes and the highest energy costs.
EFFECTIVE DATE: October 23, 2008
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600
E-MAIL: Luhl@Mainehousing.org



AGENCY: 02-385 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Manufactured Housing Board
CHAPTER NUMBER AND TITLE:
Ch. 110, State Certification of Manufactured Housing – Authority
Ch. 380, Licensing - Adoption of Codes and Standards
ADOPTED RULE NUMBER: 2008-492 and 493
CONCISE SUMMARY: The amendment to Ch. 110 requires that modular homes installed in Maine must be manufactured to accommodate the easy installation of radon mitigation systems in the event that unacceptable levels of radon are measured in an individual home following installation. The amendment includes a radon mitigation preparation standard to be followed by manufacturers. The amendment also excludes Appendix E (Manufactured Housing Used as Dwellings) to the 2003 International Residential Code for One- and Two-Family Dwellings from incorporation by reference into the board's rules.
The radon readiness requirement described above does not apply to mobile homes. The amendment to Ch. 380 states that no radon mitigation or radon mitigation preparation is required in the manufacture or installation of HUD Code and pre-HUD Code homes. The amendment also removes outdated citations and unnecessary provisions from Ch. 380.
EFFECTIVE DATE: October 27, 2008
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678
E-MAIL: Robert.V.Leclair@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2008-494
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for Maine estate tax returns. Specifically, the proposed Rule clarifies the requirements for participation in a QDOT, the allowance of extensions and the lien release process. The proposed Rule also reflects three statutory changes related to amended returns, final federal determinations and credits. Additional changes were made to mirror statutory language and make editorial corrections and deletions.
EFFECTIVE DATE: October 27, 2008
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@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, Behavioral Health Services
ADOPTED RULE NUMBER: 2008-495
CONCISE SUMMARY: The adopted rules consolidate four Sections of the MaineCare Benefits Manual into one Section. Sections 58, Licensed Clinical Social Worker, Licensed Clinical Professional Counselor and Licensed Marriage and Family Therapist Services, Section 65, Mental Health Services, Section 100, Psychological Services and Section 111, Substance Abuse Treatment Services Ch. II & III, were consolidated into one Section of the MaineCare Benefits Manual, now known as Section 65, Behavioral Health Services. The final rule incorporates two Emergency rules that were filed effective 8/1/08, Section 65, Ch. II & III, 2008-319 and Ch. III, 2008-332.
The final rule consolidates Outpatient Services under one Section of the MaineCare Benefits Manual, ensuring better coordination of services. Emergency Services, which used to be covered as a stand alone service, has been incorporated into Outpatient services. Comprehensive Assessment, which was incorporated into Outpatient Services, is covered as a stand alone service and coded for reimbursement in Ch. III. This rulemaking also added proration language for partial months of Children’s Assertive Community Treatment (ACT) in Ch. II. Crisis Services were renamed and redefined for reimbursement to better reflect current services being provided. Child and Family Behavioral Health Treatment and Community Based Treatment for Children without Permanency were merged into one service and renamed Children’s Home and Community Support Services for better coordination. Collateral contacts were also added as a stand alone service for children who receive Children’s Home and Community Support Services. Independent providers not employed by a Mental Health Agency are able to provide services within the scope of their licensure and be reimbursed for services provided to MaineCare members. Additionally, the Ch. III of this new Section contains HIPAA compliant coding. The Department also made some routine technical changes to the rule. This rule is not anticipated to increase administrative costs of compliance for small businesses and is not expected to impose new costs upon municipal or county governments.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 29, 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: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 585, Life Insurance Third-Party Notice of Cancellation; Rights of Reinstatement for Individuals Afflicted With Organic Brain Disease
ADOPTED RULE NUMBER: 2008-496
CONCISE SUMMARY: On October 17, 2007 the Superintendent of Insurance issued a Notice of Rulemaking concerning promulgation of Maine Insurance Rule Ch. 585 and on November 20, 2007 held a public hearing on the proposed Rule. Members of the public submitted written comments after the hearing. The Superintendent has determined that it is necessary to revise proposed Rule Ch. 585 in order to address concerns raised by the Office of the Attorney General.
The revision is substantially different from the Rule that the Superintendent originally proposed, and it is therefore necessary conduct a new hearing. Interested members of the public are invited to attend the hearing and comment regarding the revised rule.
This rule is required by Public Law 2007, Ch. 40. The purpose of the Rule is twofold. First, the Rule's third-party notice provisions allow a policyholder to establish in advance a line of communication that will increase the likelihood that adequate notice is given if an insurer intends to terminate coverage for nonpayment of premiums. Second, the Rule establishes conditions and procedures to reduce the danger that persons suffering from organic brain disease will lose life insurance coverage because of their disease.
EFFECTIVE DATE: October 28, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452
E-MAIL: Vanessa.J.Leon@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-08
ADOPTED RULE NUMBER: 2008-497
CONCISE SUMMARY: Minimum November 2008 Class I price is $20.58/cwt. plus $1.35/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.59/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: November 2, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov