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Home > Weekly Newspaper Notices > July 8, 2009

July 8, 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:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Chapter III, Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
PROPOSED RULE NUMBER: 2009-P155
CONCISE SUMMARY: The proposed major substantive rule provisionally adopts amendments to certain rates paid to providers of home and community based services.  The new rates were adopted on an emergency basis, effective July 1, 2009, pursuant to the budget act.  The change in rates is mandated by the Legislature.  The budget initiative requires that rates be reduced by 6%; however, the budget initiative specifies that the reduction is from rates effective in December 2008. 
In addition, changes to billing codes are proposed to comply with federal coding requirements.  The coding changes will take effect when the Department’s new claims processing system becomes operational, expected to occur in February, 2010.   Providers will receive 30 days notice of the effective date of the coding changes. 
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 §42; §3173; PL 2009, ch. 213, §RRRR-1
PUBLIC HEARING:  July 30, 2009, 1-3 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 July 18, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 9, 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:  (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:  MaineCare Benefits Manual, Chapter III, Section 29, Community Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2009-P156
CONCISE SUMMARY:  The proposed rule will adopt a modifier for Transportation services when MIMHS the new MaineCare payment system goes live.
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, §42; §3173
PUBLIC HEARING:  The Department is not holding a public hearing on this rule change.  If five or more people submit a written request for a hearing, a hearing will then be scheduled at a later date.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 14, 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:  (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:  MaineCare Benefits Manual, Chapters II and III, Section 23, Developmental and Behavioral Evaluation Clinic Services
PROPOSED RULE NUMBER: 2009-P157
CONCISE SUMMARY:  The Department proposes to repeal MaineCare Benefits Manual, Chapter II and III, Section 23, Developmental and Behavioral Evaluation Clinic Services.  The evaluation and assessment services covered in this section can be provided under other sections of the MaineCare Benefits Manual governing specific services, e.g., psychological testing, occupational therapy assessments, speech and language evaluations, etc.  In addition, the current billing codes employed under §23 do not comply with federally mandated coding requirements.  Providers will be directed to use standardized HIPAA compliant codes for the specific services they provide.
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 §42, §3173, Title XI of the Social Security Act, §§1171-1179 (42 USC §§1320d-1320d-9); 45 CFR Parts 160 and 162
Health Insurance Reform:  Standards for Electronic Transactions
PUBLIC HEARING:  July 29, 2009, 8:00 am, Conference Room 1 A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, Maine
Any interested party requiring special arrangements to attend the hearing must contact the agency contact person below before July 15, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 7, 2009
AGENCY CONTACT PERSON:  Melanie Miller, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-4459; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  melanie.miller@maine.gov


AGENCY:  29-250 – Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT:  Ch. 103, Rules For Vehicle Dealer, Auctions, Transporters, Recyclers, and Loaners
PROPOSED RULE NUMBER: 2009-P158
CONCISE SUMMARY:  To revise the Rule name to reflect the addition of mobile crushers.  To revise the recycler portion of rule to add requirements for mobile crushers.  To clarify Title 29-A MRSA section numbers to appropriate areas to ensure statute requirements are reflected.  To add suspension and revocation procedures to ensure uniformity for all dealer suspension and/or revocation actions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  29-A MRSA, §591
PUBLIC HEARING:  August 6, 2009, 9:00 am, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME  04333
DEADLINE FOR COMMENTS:  August 21, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Garry Hinkley, Bureau of Motor Vehicles, Division of Vehicle Services, 101 Hospital Street, Augusta, ME  04333
TELEPHONE:  (207) 624-9055; FAX:  (207) 624-9204
E-MAIL:  garry.hinkley@maine.gov


AGENCY:  90-351 – Workers’ Compensation Board
RULE TITLE OR SUBJECT:  RChs 4(4)(1); 4(4)(2); 12(1)(2); 18(4)-Expense/Mileage Reimbursements
PROPOSED RULE NUMBER:  2009-P159
CONCISE SUMMARY:  This rule standardizes mileage and expense reimbursements in Board rules. Mileage reimbursement is 44 cents per mile.
In addition, the maximum payment to Independent Medical Examiners is increased.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  39-A MRSA, §§152(2); 312; 315; 611
PUBLIC HEARING:  Monday, July 27, 2009, 9:00 a.m.,  Workers’ Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  Thursday, August 6, 2009, 5:00 pm.
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:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapter IV, Restriction Plans
PROPOSED RULE NUMBER:  2009-P160
CONCISE SUMMARY: The proposed rule restructures the restriction plans from two to four plans to improve the health care of MaineCare members and to integrate Member Lock-In plans with the new MaineCare claims system, Maine Integrated Health Management System (MIHMS). Lock-In type 1 requires a member to be restricted to a designated Primary Care Physician, a Hospital, a Prescriber, a Pharmacy and any other applicable health care professional. Lock-In type 2 restricts the member to one or multiple types of health care providers. Lock-In type 3 restricts the member to one or multiple specific prescriber(s) for their prescriptions. Lock-In type 4 restricts the member from being able to obtain a specific drug category (class). Additionally, the rule is renamed.
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, §42, § 3173
PUBLIC HEARING:  July 31, 2009 9-11 am, Conference Room # 1A & B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME  04333
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 24, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, Monday, August 10, 2009.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-9365; FAX:  (207) 287-9369; TTY:  (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: MaineCare Benefits Manual, Chapters II & III, Section 7, Free-Standing Dialysis Services
PROPOSED RULE NUMBER: 2009-P161
CONCISE SUMMARY:  The proposed rule is a new section of the MaineCare Benefits Manual. Currently, providers of dialysis services are billing MaineCare under Section 90, Physician Services. The Physician Services rule does not contain any policy pertaining to dialysis services.  This new rule is a stand-alone policy for dialysis providers with its own definitions; covered services, including renal dialysis, prescribed drugs, and training for home dialysis; eligibility requirements; reimbursement; limitations; and billing instructions.  This rule is not expected to 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, 42 CFR Part 494.
PUBLIC HEARING:  July 22, 2009, 1 pm, Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME  04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Friday, July 17, 2009
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 3, 2009.
AGENCY CONTACT PERSON:  Nicole Rooney, 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


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapters II & III, Section 62, Genetic Testing and Clinical Genetic Services
PROPOSED RULE NUMBER: 2009-P162
CONCISE SUMMARY:  The Department gives notice of a proposed repeal of a rule:  MaineCare Benefits Manual, Chapters II & III, Section 62, Genetic Testing and Clinical Genetic Services.  The Department is repealing this section of the MaineCare Benefits Manual to simplify the billing for this service and to repeal outdated clinical provisions currently in Section 62, Genetic Testing and Clinical Genetic Services.  Currently the majority of genetic services are being billed under Sections 90 and 55 of the MaineCare Benefits Manual.  Providers who were currently billing under Section 62 will now bill under Sections 90, Physicians Services and 55, Laboratory Services, as appropriate.  No services are being reduced as a result of this rulemaking.
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, §42, § 3173
PUBLIC HEARING:  A public hearing is not being scheduled for this rulemaking unless five or more people request a hearing.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 7, 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


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapters II & III, Section 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2009-P163
CONCISE SUMMARY:  The Department proposes changes to Chapters II and III of Section 96, Private Duty Nursing and Personal Care Services in order to begin permanent adoption of the emergency rule that takes effect July 1, 2009.  Specifically, this proposed rule includes adding two definitions to the rule.  This rule making also proposes a new level of eligibility, level IX, for those MaineCare eligible members who require medication administration services and assistance with ADLs or IADLs.  As a result of these new criteria, Chapter III is also being proposed to include two new codes that will provide the ability for qualified providers to bill for such services.  In addition to these changes, the Department proposes to update the names of the Departmental Offices that are mentioned in the rule.  Other minor technical and grammatical changes are also proposed.
SEEhttp://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:  August 6, 2009 at 10 am, Conference Room # 1A and B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, Maine
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 30, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 16, 2009.
AGENCY CONTACT PERSON:  Alyssa Morrison, Health Planner, Office of MaineCare Services, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-9368; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  alyssa.morrison@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapters II & III, Section 150, STD Screening Clinic Services
PROPOSED RULE NUMBER: 2009-P164
CONCISE SUMMARY:  The proposed changes to this section increase the reimbursement rate to providers, add information on clinical record keeping, and update the policy language.  The local code is replaced by a HIPAA compliant code.
ESTIMATED INCREASE IN ANNUAL AGGREGATE EXPENDITURES:  $1,630.00 per FY.
ANTICIPATED EFFECTIVE DATE:  MARCH 1, 2010
SEEhttp://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, §42(1) and § 3173
PUBLIC HEARING:  August 11, 2009, 1:00 pm, Conference Room 3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME  04330
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below no later than August 4, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 21, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-6427; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  94-270 – Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedure.  Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2009-P165
CONCISE SUMMARY:  The proposed rule amendments would update the reference to the Commission’s location; specify the procedures for the Commission’s selection of its meeting dates and for the staff’s notification to the Commission members of unscheduled meetings; permit candidates to collect general election contributions prior to the primary election; set forth standards for candidates’ collection of contributions from minors (individuals 17 years old or younger); delete the reporting schedule for ballot question committees because the schedule is listed in statute; clarify the prohibition on lobbyist contributions during the legislative session to PACs in which certain officials hold key positions; amend the description of the qualification process for Maine Clean Election Act funding to conform to 2009 legislation, including required seed money for Maine Clean Election Act gubernatorial candidates and verification of voter registration of qualifying contributors; and setting forth procedures for Maine Clean Election Act candidates to accept traditional campaign contributions if the Commission determines that revenues in the Maine Clean Election Fund may be insufficient to make payments to candidates.  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, July 30, 9:00 am, Room 208, Burton M. Cross Office Building, 111 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS:  5:00 pm on Friday, August 14, 2009
AGENCY CONTACT PERSON:  Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine
TELEPHONE:  (207) 287-4179; E-MAIL:  jonathan.wayne@maine.gov


 AGENCY:  02-313 – Board of Dental Examiners
RULE TITLE OR SUBJECT:  Ch. 7, Licensing/Certification/Late Fees
PROPOSED RULE NUMBER: 2009-P166
CONCISE SUMMARY:  The proposed language will correct existing inconsistencies regarding the fees for inspection/application and renewal for the moderate sedation and general anesthesia/deep sedation permits.  The language will also increase the dentist and dental radiography fees to the cap as provided by statute.
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:  August 17, 2009
AGENCY CONTACT PERSON:  Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station. Augusta, ME 04333
TELEPHONE:  (207) 287-3333
E-MAIL:  teneale.e.johnson@maine.gov


AGENCY:  02-313 – Board of Dental Examiners
RULE TITLE OR SUBJECT:  Ch. 14, Rules for use of Sedation and General Anestesia by Dentists
PROPOSED RULE NUMBER: 2009-P167
CONCISE SUMMARY:  The proposed language will correct existing inconsistencies regarding the fees for inspection/application and renewal for the moderate sedation and general anesthesia/deep sedation permits.
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:  August 17, 2009
AGENCY CONTACT PERSON:  Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station. Augusta, ME 04333
TELEPHONE:  (207) 287-3333
E-MAIL:  teneale.e.johnson@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 17, Community Support Services
PROPOSED RULE NUMBER:  2009-P168
CONCISE SUMMARY:  These proposed rules specify a new level of service called Community Rehabilitation Services to provide community support to qualifying individuals with an assessed need for that level of service.  The rules replace the Global Assessment Functioning (GAF) scale with the Level of Care Utilization System (LOCUS) as a component of eligibility criteria for Community Support Services.  The rules specify the services and delivery requirements for ACT clients.  The rules provide HIPAA-compliant billing codes for use in the Maine Integrated Health Management Solution (MIMHS) system when it is implemented.  The rules also include some formatting and other technical changes to improve clarity.
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, §42, § 31723, P.L. 2009, ch 213, §A-31, RRRR-1.  42 USC §§1320d-1320d-9
PUBLIC HEARING:  July 28, 2009 1:00-3:00 pm, Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME  04333
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 21, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, Friday, August 7, 2009.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-9365; FAX:  (207) 287-9369; TTY:  (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 MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 21, Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER:  2009-285
CONCISE SUMMARY:  The emergency adoption of this major substantive rule specifies new rates that are effective July 1, 2009.  The change in rates is mandated by the Legislature.  The budget initiative requires that rates by reduced by six (6) %; however, the budget initiative specifies that the reduction is from the rates that were effective in December 2008.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html  for rules and related rulemaking documents.
EFFECTIVE DATE:   July 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, Section 109, Chapter III, Speech and Hearing Services
ADOPTED RULE NUMBER:  2009-286
CONCISE SUMMARY:  These emergency rules establish increased rates of reimbursement for speech and hearing agencies to comply with FY 2010 budget requirements.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE(207) 287-6427,  FAX:  (207) 287-9369, TTY:  1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 05-071 – Maine Department of Education
CHAPTER NUMBER AND TITLECh. 131:  The Maine Federal, State, and Local Accountability Standards
ADOPTED RULE NUMBER:  2009-287
CONCISE SUMMARY:  This rule change adopts the New England Comprehensive Assessment Program assessment expectations in reading and mathematics in order to maintain and improve the quality of the state assessment and share costs among three other states and to align high school standards in reading and mathematics with the grades 3-8 expectations to assess as part of the Maine High School Assessment.
EFFECTIVE DATE:  July 26, 2009
AGENCY CONTACT PERSON’S NAME:  Wanda Monthey, Dan Hupp, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE:  (207) 624-6831, FAX:  (207) 624-6770
E-MAIL:  wanda.monthey@maine.gov


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:  2009-288
CONCISE SUMMARY:  These emergency rules amend methodology language throughout Section 80 used to properly establish the prospective per diem rates beginning July 1, 2009 for providers.  These rules repeal and replace the emergency rules that are currently in place as of June 11, 2009. These changes include revisions to dates and methodology used to trend forward or inflate direct care and routine costs, updates to the percent of the median used in the July 1, 2009 rebasing calculation, and clarifies the direct care add-on and hold harmless principles.  In addition, the Department is repealing the emergency rule for Ch. III, Sec. 67, which was adopted on June 11, 2009, and which adopted a modified methodology for the one time supplemental payment to eligible nursing facilities.  The Department is including the CMS approved methodology of the one time supplemental payment as part of this emergency rule, for the purpose of simplifying this complex rule.  Finally, this rule making includes a new principle that identifies the methodology used to establish rates for remote island facilities.  These emergency rules remain in effect up to ninety (90) days.
See  http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 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:  1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: alyssa.morrison@maine.gov


AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE:  Ch. 104, Rules For The Used Car Information Act
ADOPTED RULE NUMBER:  2009-289
CONCISE SUMMARY:  To add “reconstructable motor vehicle” definition; to add disclosure of major mechanical defects or substantial damage from collision, fire, water or any other means if known; to add the “Unsafe Motor Vehicle Window Form” for unsafe motor vehicles; and to give clarification to meet the requirements of Title 10 MRSA, Part 3, Chapter 217: Used Car Information.
EFFECTIVE DATE:  July 5, 2009
AGENCY CONTACT PERSON:  Garry Hinkley, Department of Motor Vehicles, 29 SHS, Augusta, ME 04333-0029
TELEPONE:  624-9055
E-MAIL:  garry.hinkley@maine.gov


AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE:  Ch. 158, Administration of Trailer Transit Plates
ADOPTED RULE NUMBER:  2009-290
CONCISE SUMMARY:  To revise the Title from 29 MRSA to 29-A MRSA; to add the description of light trailers; to allow the use of trailer transit plates on light trailers with the appropriate load as defined in Title 29-A MRSA §462-8(A), (B) and (C); to change the date allowed to display the number plates on or after December 1st; and to change the contact phone number and agency section responsible for the issuance of such license and plates.
EFFECTIVE DATE: July 5, 2009
AGENCY CONTACT PERSON:  Garry Hinkley, Department of Motor Vehicles, 29 SHS, Augusta, ME 04333-0029
TELEPHONE:  (207) 624-9055
E-MAIL:  garry.hinkley@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 Policy #249A Repeal of Section 3640 Financial Rules for Assisted Living Facilities
ADOPTED RULE NUMBER:  2009-291
CONCISE SUMMARY:  This adopted rule repeals the Financial Eligibility criteria for Assisted Living Facilities found in Chapter 332 Section 3640 of the MaineCare Eligibility Manual and is being done contemporaneously with the Office of MaineCare Services’ repeal of Chapter II and III Section 6 (Assisted Living Facilities), and this rule will not adversely effect the reporting requirements of small business.
This final rule may create adverse economic impact only to those seven assisted living providers who will no longer be reimbursed under Assisted Living. The impact to these small businesses is not expected to be significant, as they can apply to become MaineCare providers of other MaineCare services and will also receive state supplemental funds appropriated by the Maine State Legislature. There is no adverse economic impact to any other small business, and the rules do not create any new compliance burdens for municipalities and counties.
EFFECTIVE DATE:  July 5, 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, 442 Civic Center Drive, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-4076, TTY:  (800) 606-0215
E-MAIL:  bethany.hamm@maine.gov


AGENCY: 10-144 – Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:  Ch. 332, OIAS MaineCare Eligibility Manual Emergency Rule #250E – Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums – 2009; and Spousal Living Allowance
ADOPTED RULE NUMBER:  2009-292
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
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.
This rule is not expected to have any adverse impact on small business.
EFFECTIVE DATE:  July 1, 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, 442 Civic Center Drive, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-4076, TTY:  (800) 606-0215
E-MAIL: bethany.hamm@maine.gov


AGENCY: 94-457 – Finance Authority of Maine
CHAPTER NUMBER AND TITLE:  Ch. 616, Doctors for Maine’s Future Scholarship Program (Emergency)
ADOPTED RULE NUMBER:  2009-293
CONCISE SUMMARY:  The rule implements P.L. 2009, c. 410, “An Act to Encourage Maine Residents to Attend Medical School and Practice in Maine”, which will provide scholarships of up to $25, 000 to eligible students at qualifying Maine-based medical school programs and will require such programs to provide additional scholarships with matching funds raised from philanthropic and private sources.
EFFECTIVE DATE:  June 30, 2009
AGENCY CONTACT PERSON:  Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949
TELEPHONE:  (207) 623-3263 (ext. 3515)


AGENCY: 94-457 – Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 321, Waste Motor Oil Disposal Site Remediation Program (Emergency)
ADOPTED RULE NUMBER:  2009-294
CONCISE SUMMARY:  This rule establishes certain procedures and standards applicable to payment of response costs incurred by eligible parties related to waste motor oil disposal sites in Plymouth, Casco, Ellsworth, and Presque Isle, Maine, from proceeds of revenue obligation securities to be issued by the Finance Authority of Maine.
EFFECTIVE DATE:  June 30, 2009
AGENCY CONTACT PERSON:  Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949
TELEPHONE:  (207) 623-3263 (ext. 3515)


AGENCY:  10-144 - Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters II and III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER:  2009-295
CONCISE SUMMARY:  The Department adopts emergency rules for Chapters II and III of Section 96, Private Duty Nursing and Personal Care Services.  Specifically, this emergency rule includes two new definitions in the rule.  In addition, a new level of eligibility, level IX, is added for MaineCare members who require medication administration and assistance with ADLs or IADLs.  Two new provider codes are added to Chapter III to permit reimbursement for these services.
See  http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 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: 1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL:  alyssa.morrison@maine.gov


AGENCY:  10-149 - Department of Health and Human Services, Office of Elder Services
CHAPTER NUMBER AND TITLECh. 5 - Office of Elder Services Policy Manual, Section 63 (In- home and Community Support Services); and Section 69 (Office of Elder Services Independent Support Services).
ADOPTED RULE NUMBER:  2009-296
CONCISE SUMMARY: The Department has added Level V as a new level of eligibility for personal care services under Section 63 of the OES Policy Manual which requires assistance with medication administration and/or physical assistance with ADL and IADL needs as the basis for eligibility and does not require the use of the Home Care Coordination Agency.  The rules allow for assisted living providers who have a contract with OES to bill for these services as well as for homemaker services under Section 69 of the OES Policy Manual.
See  http://www.maine.gov/dhhs/oes for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT: Elizabeth Gattine, Office of Elder Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-9200, FAX:  (207) 287-9229, TTY:  1-800-606-0215 (Deaf/Hard of Hearing)
E-MAIL:  elizabeth.gattine@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, Section 45, Hospital Services, Chapter II (Emergency)
ADOPTED RULE NUMBER:  2009-297
CONCISE SUMMARY:  These emergency rules establish admission eligibility and continuing eligibility criteria for hospital psychiatric unit services. These changes will assure the efficient operation of the MaineCare program by ensuring that only individuals who are eligible receive the service. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON:         Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-6427,  FAX:  (207) 287-9369, TTY:  1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: derrick.grant@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLECh. 101, MaineCare Benefits Manual, Section 46, Psychiatric Hospital Services, Chapter II
ADOPTED RULE NUMBER: 2009-298
CONCISE SUMMARY:  These emergency rules establish admission eligibility and continuing eligibility criteria for psychiatric hospitals. These changes will assure the efficient operation of the MaineCare program by ensuring that only individuals who are eligible receive the service. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSON:         Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-6427, FAX:  (207) 287-9369, TTY:  1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 17, Community Support Services
ADOPTED RULE NUMBER: 2009-299
CONCISE SUMMARY:  These emergency rules specify a new level of service called Community Rehabilitation Services to provide community support to qualifying individuals with an assessed need for that level of service.  The rules replace the Global Assessment Functioning (GAF) scale with the Level of Care Utilization System (LOCUS) as a component of eligibility criteria for Community Support Services.  The rules specify the services and delivery requirements for ACT clients.  The rules provide HIPAA-compliant billing codes for use in the Maine Integrated Health Management Solution (MIMHS) system when it is implemented.  The rules also include some formatting and other technical changes to improve clarity.
See  http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSONGinger 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, Chapter III, Section 45, Hospital Services
ADOPTED RULE NUMBER: 2009-300
CONCISE SUMMARY:  The Department has determined that the immediate adoption of these rules is necessary to assure that initiatives directed by the Maine State Legislature are immediately implemented to achieve required hospital expenditure savings in the budget law, per PL 2009, ch. 213, part CC. The Legislature authorized the Department to do emergency rulemaking on or before December 31, 2009, for provisions over which the Department has subject matter jurisdiction, without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare (P.L. 2009, ch. 213, Part RRRR).
Effective July 1, 2009 the Department will reduce hospital reimbursement. For acute care non-critical access hospitals, inpatient discharge rates (except for those from psychiatric units) will be reduced 6.7% and reimbursement for outpatient services will decrease to 83.8% of costs. For critical access hospitals and hospitals reclassified to a wage area outside Maine, reimbursement for inpatient and outpatient services will be reduced to 109% of costs. For all acute care hospitals, including critical access, hospital based physician reimbursement will be decreased from 100% to 93.3% of allowable costs for inpatient non-emergency physicians, to 93.4% of costs for inpatient emergency physicians and to 83.8% of costs for outpatient non-emergency physicians. If approved by CMS, the Department caps the PIP payment so that the total payment to all hospitals is not less than 80%. In addition, these rules eliminate the COLA adjustment for SFY’s 2010 and 2011 for acute care non-critical access hospitals for inpatient discharge rate and for psychiatric unit discharge rates.
The Department estimates that this reimbursement reduction will result in a decrease of $25,554,918 in annual aggregate (state and federal Medicaid funds) expenditures for settled hospital expenditures.  This emergency rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. The rulemaking has no adverse impact on small business, as all providers impacted by these rules employ more than twenty employees. 
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  July 1, 2009
AGENCY CONTACT PERSONDerrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-6427, FAX:  (207) 287-9369, TTY:  1-800-423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: derrick.grant@maine.gov