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Home > Weekly Newspaper Notices > June 17, 2009

June 17, 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.



PROPOSALS


AGENCY:  94-434 – Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT:  Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2009-P133
CONCISE SUMMARY:  This rule-making amends the existing Supplemental Education Loan Program Rules to make revisions to the eligible students and borrowers and credit underwriting sections to clarify the definition of a co-signor for MELA’s The Maine Loan® program and to the finance charges related to the guarantee fee for MELA’s The Maine Medical Loan program.
The volatility in the capital markets and continuing credit crisis necessitated the refinancing of MELA’s auction rate bonds into an alternate structure with different financing requirements.  In order to secure financing to ensure the continuity of MELA’s The Maine Medical Loan program, the guarantee fee assessed to all borrowers requires that this fee be added to the principal balance of the loan at the time of disbursement versus repayment, consistent with the existing requirement for The Maine Loan® program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  20-A MRSA §11417 (1) (N)
PUBLIC HEARING:  No public hearing will be held.
DEADLINE FOR COMMENTS:  Monday, July 20, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Shirley M.Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME  04103
TELEPHONE:  (207) 400-3011; FAX:  (207) 791-3616
E-MAIL:  serickson@mela.net


AGENCY:  94-411 – Maine Public Employees Retirement System
RULE TITLE OR SUBJECT:  Ch. 410, Retirees Returning to Employement After Retirement with the Same Employer
PROPOSED RULE NUMBER: 2009-P134
CONCISE SUMMARY:  The proposed amendments to this rule would make several changes to the impacts on retirement benefits for a retiree who has returned to work with the same employer and has not yet reached Normal Retirement Age.  The proposed amendments:  (1) Increase from 60 to 90 the number of days that a retiree can return to work; (2) Eliminate the restriction on the type of position to which a retiree can return to work; (3) Eliminate noncompliance penalties to the retiree and employer; (4) Change the interest rate charged to retirees who are required to repay retirement benefits; and (5) Change the manner in which overpaid benefits are recovered by the System.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §17103(4) and PL 2003, Chapter 387
PUBLIC HEARING:  July 9, 2009; 9:05 am, Maine Public Employees Retirement System, Second Floor Conference Room, 96 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS:  July 20, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME  04333-0046
TELEPHONE:  (207) 512-3190 or (800) 451-9800
E-MAIL: kathy.morin@mainepers.org


AGENCY:  02-031 – Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT:  Medicare Supplement Insurance – 2009 Revisions
PROPOSED RULE NUMBER: 2009-P135
CONCISE SUMMARY:  The proposed amendment reflects recent changes in national model uniform Medicare Supplement insurance standards, compliance with the federal Genetic Information Nondiscrimination Act of 2008 (GINA), modifies the guaranteed access to Medicare supplement insurance standards and provides enhanced continuity of coverage protection for Medicare Advantage plan participants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  24-A MRSA §2328; 24-A MRSA §§212, 2413, 4207, 5002, 5002-A, 5002-B, 5003, 5005, 5010-A and 5011.
PUBLIC HEARING:  July 9, 2009 at 9:00 am, Androscoggin Room, Maine Department of Professional & Financial Regulation, 124 Northern Avenue, Gardiner, ME  04344
DEADLINE FOR COMMENTS:  July 20, 2009 at 5:00 pm.
AGENCY CONTACT PERSON:  Pat Galouch, Maine Bureau of Insurance, 34 State House Station, Augusta, ME  04333-0034
TELEPHONE:  (207) 624-8437
E-MAIL: pat.galouch@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  thomas.m.record@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services; 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT:  DHHS, Ch. 275, Reporting Requirements for Pharmaceutical Manufacturers and Labelers; Office of the Attorney General, Ch 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers
PROPOSED RULE NUMBER: 2009-P136
CONCISE SUMMARY:  This rulemaking clarifies Maine requirements for clinical trial registration and results reporting, compatible with Federal reporting requirements and with the capabilities of the publicly funded website www.ClinicalTrials.gov .  It requires posting of past reports on the publicly funded website.  The rule modifies the scope of the trials required to be registered and reported, and it clarifies the requirements of reporting post hoc analysis trials results and of updating trial results.  It also extends the time anticipated for posting of submissions of results to the publicly funded website.  This rulemaking provides contact information and clarifies the application of penalty for violations.  The Department proposes other minor technical, grammatical and structural changes within this rulemaking.  This rule change is not anticipated to have any adverse impact on small business.  SEE http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §2700-A, 5 MRSA §207(2)
PUBLIC HEARING:  July 1, 2009, 1 pm, 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 4 pm June 30, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight Monday, July 13, 2009.
AGENCY CONTACT PERSON:  Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME  04333-0011
TELEPHONE:  (207) 287-4460; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  nicole.rooney@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT:  Deer Hunting – Open and Closed Season
PROPOSED RULE NUMBER: 2009-P137
CONCISE SUMMARY:  The Department of Inland Fisheries and Wildlife is proposing to establish the framework for the hunting season for antlerless deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells.  This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner.  This special permit hunt will be open for a specified period between November 1 and December 31 January 30.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §11402
PUBLIC HEARING:  None scheduled – one may be requested.
DEADLINE FOR COMMENTS:  June 29, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 41 SHS, Augusta, ME  04333-0041
TELEPHONE:  (207) 287-5201
E-MAIL:  andrea.ereskine@maine.gov



ADOPTIONS


AGENCY:  10-144 -- Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch.101, MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER:  2009-239
CONCISE SUMMARY:  In this emergency rule making, the Department is implementing changes in the one-time payment methodology.  Since March 15, 2009, the Centers for Medicare and Medicaid Services (CMS) has informed the Department that its state plan must be modified to clarify the one time supplemental payment.  Specifically, the dates of service on which the payment will be based will begin January 1, 2009 instead of July 1, 2008.  In addition, the Department was required to add more specific language that describes the methodology that will be used for the calculation of the one-time payment.  These emergency rules will be in effect for ninety (90) days.
STATUTORY AUTHORITY:  22 MRSA §42, §3173; 5 MRSA §8054
See  http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  June 11, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-9368; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL:  alyssa.morrison@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 -- Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:  Ch. 332, MaineCare Approved Rule 244A, Long Term Care Partnership Program
ADOPTED RULE NUMBER:  2009-240
CONCISE SUMMARY:  This program is adopted pursuant to 22 MRSA §3174-GG as amended by Public Law 2009-Chapter 101, effective May 8, 2009 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 Tern Care insurance by disregarding some assets of the person if they must apply for financial assistance for their long term care needs.  This program shall take effect upon notice of approval of the corresponding State Plan Amendment by the federal Centers for Medicare and Medicaid Services (CMS).  This rule is not expected to adversely impact any businesses with 20 or fewer employees, nor is it expected to result in any new implementation or compliance-related costs affecting municipal or county governments.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare Program Mangager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-4076; TTY: (800) 606-0215
E-MAIL:  bethany.hamm@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing the Implementation of Hypodermic Apparatus Programs
ADOPTED RULE NUMBER:  2009-241
CONCISE SUMMARY:  The Department of Health and Human Services implemented these changes to the rules to reflect recent changes in legislation as well as changes in the policies and procedures of how these programs operate.  These include:

  1. Updating “Bureau of Health” to read “Maine Center for Disease Control and Prevention”;
  2. Removing the 10 needle “cap” to “unlimited”;
  3. Additional reporting requirements to include reporting on the number of clients of needle exchange who receive an HIV test as a result of participation, the number of clients who received clean needles without exchanging at initial enrollment, the number of needles distributed to these clients;
  4. To allow the exchange to begin with the distribution of clean needles without receiving any used needles at initial enrollment.    This would allow needle users to enroll in the needle exchange and receive clean needles without having any to exchange on the condition those needles were returned to the exchange.  

These rule changes are not anticipated to have any adverse impact on small business. 
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON:  James Markiewicz, Maine CDC, HIV, STD and Viral Hepatitis Program, 286 Water Street, 9th Floor, Augusta, ME 04333
TELEPHONE:  (207) 287-3715
E-MAIL:  james.markiewicz@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  10-144, Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Subsurface Wastewater
CHAPTER NUMBER AND TITLE:  Ch. 241, Subsurface Wastewater Rules
ADOPTED RULE NUMBER:  2009-242
CONCISE SUMMARY:  As part of the consensus-based rulemaking process, the Subsurface Wastewater Program solicited proposed changes from an outside task force made up of site evaluators, state regulatory officials, local plumbing inspectors, system installers, system inspectors, septic pumpers, equipment suppliers and equipment manufacturers. The majority of changes are intended to simplify the application and enforcement of the rules, improve readability, and clarify intent. Changes include adding definitions for relevant terms, adding requirements for backfill envelopes, specifying sizes for stone-filled disposal trenches, specifying setback requirements for field-stone disposal trenches, adding requirement for risers with access openings to septic tanks, and increased requirements for installation of tanks. The rule change is not anticipated to increase administrative costs for small businesses.
EFFECTIVE DATE:  August 1, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Tera R. Pare, Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-5680
E-MAIL: tera.pare@maine.gov