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Home > Weekly Newspaper Notices > January 7, 2009

January 7, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #244P: Long Term Care Partnership Program
PROPOSED RULE NUMBER: 2008-P376
CONCISE SUMMARY: This program is proposed pursuant to 22 MRSA §3174-GG and the amendments to 42 US §1396p as provided in the Deficit Reduction Act of 2005 PL109-171 §6021 in which the Department is directed to establish a Long Term Care Partnership Program contingent upon Federal Medicaid participation. By establishing a Partnership Program, the program will provide incentives to Maine’s citizens to purchase qualified Long Term Care insurance by disregarding some assets of the person if they must apply for financial assistance for their long term care needs.
This rule is not expected to have an adverse impact on the reporting requirements of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3174-GG and the amendments to 42 US §1396p as provided in the Deficit Reduction Act of 2005 PL 109-171 §6021
PUBLIC HEARING: Wednesday, January 28, 2009 at 9:00 a.m., at Jewett Hall Auditorium, 46 University Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: February 7, 2009
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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #02-09
PROPOSED RULE NUMBER: 2008-P377
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: January 23, 2009, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 23, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2008-P378
CONCISE SUMMARY: The proposed rule amendments would permit the Commission to convert any reported loan to a cash contribution if it remained unpaid for four years after the election in which it was incurred; clarify that party committees and ballot question committees must make a reasonable effort to obtain and report employment information about their contributors as required by statute; permit the Commission to presume that a debt owed by a candidate or committee to a vendor which remains unpaid for more than four years after the election in which it was incurred is a cash contribution; and delete the filing schedule for ballot question committees in the Commission’s rules in favor of inserting the schedule in statute. A copy of the proposed rule amendments are available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1)
PUBLIC HEARING: Thursday, January 29, 9:00 a.m., Public Utilities Commission Hearing Room at 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, February 13, 2009
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4179
E-MAIL: Jonathan.Wayne@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2008-P379
CONCISE SUMMARY: The proposed rule amendments would clarify that the Commission may use its judgment regarding whether independent expenditures were made in support or in opposition to a candidate when awarding matching funds under the Maine Clean Election Act; require candidates who receive matching funds for the primary election to return unspent funds after a successful primary; and increase the amount of money that a Maine Clean Election Act candidate must return to the state if the candidate has used public funds to purchase goods that could be converted to the candidate’s personal use after the election. A copy of the proposed rule amendments are available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
PUBLIC HEARING: Thursday, January 29, 9:00 a.m., Public Utilities Commission Hearing Room at 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, February 13, 2009
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4179
E-MAIL: Jonathan.Wayne@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 21, Home and Community Support Benefits for Members with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2008-P380
CONCISE SUMMARY: The proposed rule reduces rates for Home Support. Also, rates for the Medical Add On for Community Support, Employment Specialist Services and Work Support are being reduced. Additionally, this rule creates an additional level of support for Home Support Shared Living, and Home Support Family Centered Support Model. Also, the Behavioral Add On is being removed from all services. Lastly, Intensive Family Centered Support is being eliminated as a type of Home Support.
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 Sections 42, 3173
PUBLIC HEARING: January 26, 2009, 1:00-3:00 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 19, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, February 5, 2009
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@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 21, Home and Community Support Benefits for Members with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2008-P381
CONCISE SUMMARY: The proposed rule reduces rates for Home Support. Also, rates for the Medical Add On for Community Support, Employment Specialist Services and Work Support are being reduced. Additionally, this rule creates an additional level of support for Home Support Shared Living, and Home Support Family Centered Support Model. Also, the Behavioral Add On is being removed from all services. Lastly, Intensive Family Centered Support is being eliminated as a type of Home Support.
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, 34-B MRSA §5432(3)
PUBLIC HEARING: January 26, 2009, 1:00-3:00 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 19, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, February 5, 2009
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@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 & III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorders
PROPOSED RULE NUMBER: 2008-P382
CONCISE SUMMARY: The proposed rule eliminates the Behavioral Add On and reduces the rate of the Medical Add On.
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: January 26, 2009, 1:00 -3:00 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 19, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 5, 2009
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. # 301, Food Supplement Approved Rule, Rev. FS 163A: Able Bodied Adults Without Dependents (ABAWDs)
ADOPTED RULE NUMBER: 2008-597
CONCISE SUMMARY: This rule updates the geographic areas whose residents are exempt from the three-month time-limited rule for Able-Bodied Adults Without Dependents (ABAWDs) due to the area having an unemployment rate of at least 20% higher than the national average for a specific 24-month period. This rule:
a. Adds to the geographic exempted list all residents of the following Maine county: Androscoggin
b. Adds to the geographic exempted list all residents of: Acton, Benton, Harrison, and Parsonsfield.
This change will permit eligible ABAWDs to receive Food Stamp Assistance for a longer period of time, even when they are unable to obtain employment.
This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: November 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: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Rev. #243A: Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums-2008; Awaiting Placement for Residential Care Rates; Spousal Living Allowance
ADOPTED RULE NUMBER: 2008-598
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be sent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
The HIV Limited Benefits premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
Chart III (h)-Awaiting Placement for Residential Care is updated with amounts determined by the Office of MaineCare Services.
The maximum Spousal Living Allowance to the spouses of MaineCare-covered residents of Cost reimbursed Boarding Homes, Adult Family Care homes, and Residential Care Facilities is updated annually.
EFFECTIVE DATE: July 1, 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 ME 04333-0011
TELEPHONE: (207) 287-5083
TTY: (800) 606-0215
E-MAIL: Bethany.Hamm@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 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2008-599 (Emergency)
CONCISE SUMMARY: This emergency rule adopts a rate reduction for the comprehensive care management service listed under this section. Specifically, the rate is being reduced to $126.50 per month from $139.00 per month. This is written in the approved budget curtailment which expects to save $62,600 in the General Fund in SFY 09 as a result of this rate change. This rule making is not expected to impose administrative costs on small businesses, counties or municipalities.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2009 – March 31, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Alyssa.Morrison@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 22, Home and Community Benefits for the Physically Disabled
ADOPTED RULE NUMBER: 2008-600 (Emergency)
CONCISE SUMMARY: This rule making immediately adopts a rate change for Personal Care Attendant Services by changing the rate from $2.28 to $2.57 per quarter hour. This rate change is necessary to comply with the federal requirements governing the recently submitted waiver amendment that governs this program. This waiver amendment defines a new institutional level of care which allows for a higher rate of reimbursement for personal care attendant services under this section. Permanent changes will be contingent upon CMS approval.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 31, 2008 – March 30, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Alyssa.Morrison@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 90, Physician’s Services
ADOPTED RULE NUMBER: 2008-601 (Emergency)
CONCISE SUMMARY: Pursuant to 5 MRSA §8054, effective December 29, 2008, the Department is increasing the MaineCare reimbursement rate for non-hospital based physician services from 53% to 56.94% retroactive to July 1, 2008. This increase will not include reimbursement for procedures performed by radiologists, radiation oncologists, and pathologists, who currently receive a higher rate of reimbursement. No procedure codes are decreased as a result of this rulemaking. Furthermore, this increase does not apply to other sections of policy within the MaineCare Benefits Manual, Chapter 101. This emergency rule will remain in effect for 90 days while the Department promulgates rules to permanently adopt this rate change.
No adverse impact on small businesses is anticipated from adoption of this rule.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 29, 2008 – March 28, 2009
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER: 2008-602
CONCISE SUMMARY: The changes to Chapter 346, Section 1, Subsection 11, paragraph A, section 2, are necessary to avoid an immediate threat to the public health, safety and welfare of Maine consumers. These changes incorporate the 2009 version of the 9CFR, effective January 1, 2009, that serves 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. In addition to these immediate threats to public health, maintaining “at least equal to” status is a requirement for the continued Cooperative Agreement between the USDA, FSIS and the Maine Meat and Poultry Inspection program.
Also additions were made to Ch. 346, Section 1, Subsection 11, paragraph A, sec 1:
9CFR 442 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights
9CFR 439 Accreditation of Non-Federal Chemistry Laboratories
EFFECTIVE DATE: January 3, 2009
AGENCY CONTACT PERSON: Hal Prince, Director, Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 18-554 - Department of Administrative and Financial Services, Bureau of General Services
CHAPTER NUMBER AND TITLE: Ch. 130, Implementing the State Purchasing Code of Conduct Requiring that Vendors Furnishing Apparel, Footwear or Textiles to the State Provide Healthy, Safe and Fair Working Conditions.
ADOPTED RULE NUMBER: 2008-603
CONCISE SUMMARY The Department of Administrative and Financial Services, Bureau of General Services is proposing changes to Ch. 130, to amend the current rules to include charging a fee, equal to 1 %, of the cost of the contract, from the vendors of who are awarded contracts or purchases orders for apparel, footwear or textiles to the State of Maine. These changes are required to meet the directive of the Maine State Legislature pursuant to 5 MRSA §1825-B.
AGENCY CONTACT PERSON: Alan Henry, Bureau of General Services, Cross Office Building, State House Station 77, Augusta, ME 04333-0077
TELEPHONE: (207) 624-7352
E-MAIL: Alan.Henry@Maine.gov



AGENCY: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions (amended)
Ch. 5, Board Meetings (repealed)
Ch. 11, National Codes Applicable to Elevators and Tramways (amended)
Ch. 13, Elevators (amended)
Ch. 21, Elevator Owners’ Duties and Responsibilities (amended)
Ch. 23, Tramway Owners’ Duties and Responsibilities (amended)
Ch. 31, Licensed Private Elevator Inspectors (amended)
ADOPTED RULE NUMBER: 2008-604 through 610
CONCISE SUMMARY: These rules adopt updated versions of the national codes applicable to the design, construction, installation, maintenance, repair, alteration, operation and inspection of elevators and tramways. These codes are incorporated by reference into the board’s rules. The rules also: (a) require that limited use, limited accessibility elevators be equipped with firefighters’ emergency operation, (b) require tramway owners to install operator control devices with uniform coloring and labeling, (c) specify the frequency of tramway grip testing, (d) repeal provisions of the board’s rules relating to meeting agendas and the election of board officers, (e) permit registration numbers to be legibly and permanently affixed to elevators as an alternative to stamping, (f) require that the disconnecting means for vertical platform lifts be at the lowest landing outside the runway, (g) shorten an owner’s time to report a change of address or telephone number or an elevator or tramway’s change in status from 30 days to 10 days, (h) require tramway owners to ensure that maintenance personnel employed to work on tramway equipment are trained and competent, and (i) make minor changes to the provisions of Ch. 1, 11, 13, 21, 23 and 31.
EFFECTIVE DATE: January 5, 2009
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605
E-MAIL: Cheryl.C.Hersom@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 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-611 (Emergency)
CONCISE SUMMARY: The adopted emergency rules reduce rates for Home Support. Also, rates for the Medical Add On for Community Support, Employment Specialist Services and Work Support are being reduced. Additionally, this rule creates an additional level of support for Home Support Shared Living, and Home Support Family Centered Support Model. Also, the Behavioral Add On has been removed from all services. Lastly, Intensive Family Centered Support has been eliminated as a type of Home Support.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2009
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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2008-612 (Emergency)
CONCISE SUMMARY: The adopted emergency rules reduce rates for Home Support. Also, rates for the Medical Add On for Community Support, Employment Specialist Services and Work Support are being reduced. Additionally, this rule creates an additional level of support for Home Support Shared Living, and Home Support Family Centered Support Model. Also, the Behavioral Add On has been removed from all services. Lastly, Intensive Family Centered Support has been eliminated as a type of Home Support. Members currently receiving Intensive Family Centered Support will continue to receive increased Family Centered Support with the new regulations until the Department makes a determination under the criteria set forth in Section 21, Chapter II, 21.14 Appendix I.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2009
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: 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 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorder
ADOPTED RULE NUMBER: 2008-613 (Emergency)
CONCISE SUMMARY: The adopted rule eliminates the Behavioral Add On and reduces the rate of the Medical Add On.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2009
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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
ADOPTED RULE NUMBER: 2008-614 (Emergency)
CONCISE SUMMARY: Pursuant to the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.25 to $2.40 per prescription.
The Part D Wrap Benefit covers this co-payment for eligible beneficiaries. The new co-pay amount is reflected in the Appendix to this rule.
No adverse impact on small businesses is anticipated from adoption of this rule.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov



AGENCY: 12-179 - Department of Labor, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 5, Occupational Safety and Health Standards for Public Safety Diving
ADOPTED RULE NUMBER: 2008-615
CONCISE SUMMARY: These rules establish standards and procedures to public safety divers from the hazards of diving.
EFFECTIVE DATE: January 5, 2009
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931
E-MAIL: William.A.Peabody@Maine.gov