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Home > Weekly Newspaper Notices > July 15, 2009

July 15, 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:  02-031 – Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT:  Health Insurance Emergency Planning and Procedures
PROPOSED RULE NUMBER: 2009-P169
CONCISE SUMMARY:  The proposed Rule establishes requirements and procedures for carriers providing health plans to prepare for public health emergencies.  Carriers must be capable of taking specified actions within 72 hours if an insurance emergency is declared by the Governor.  Provision of information to the Bureau of Insurance regarding specified emergency contingency plans is also required.  Repeal of Emergency Bureau of Insurance Rule Chapter 765 upon the effective date of Rule Chapter 765 is also proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  24-A MRSA §§211, 212, 471, 472, 478 and 4309.
PUBLIC HEARING:  August 5, 2009 at 9:30 am, Kennebec Room, Maine Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS:  August 17, 2009 at 5:00 pm.
AGENCY CONTACT PERSON:  Pat Galouch, Maine Bureau of Insurance, 34 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-8437
E-MAIL:  pat.galouch@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter II and III, Section 40, Home Health Services
PROPOSED RULE NUMBER: 2009-P170
CONCISE SUMMARY:  The Department proposes changes to the above named section of policy.  Specifically, in Chapter II, the Department is proposing to change §40.05-E, Medical Supplies, which will eliminate routine supplies as a separately coverable service.  The costs associated with these supplies will be included in the service rates listed in Chapter III.  Furthermore, this section also clarifies language for non-routine supplies to state that these supplies are not billable under section 40 and must be billed under section 60.  In addition, the Department is simultaneously proposing Chapter III and proposes new HIPAA compliant codes for the reimbursable services under this section.  These coding changes are required in order to comply with Federal statute.  All changes must be approved by the legislature as these are major substantive rules and are planned to go in effect upon implementation of the Maine Integrated Health Management Solution (MIHMS).
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 and 3173, 45 CFR parts 160 and 162
PUBLIC HEARING:  August 5, 2009, 1 pm, Conference Room #3, 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 29, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 15, 2009
AGENCY CONTACT PERSON:  Alyssa Morrison, Health Planner, Office of MaineCare Services, 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 or 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 TITLE:  Ch. 5, Office of Elder Services Policy Manual
RULE TITLE OR SUBJECT:  OES Policy Manual, Section 63 (In-home and Community Support Services); and Section 69 (OES Independent Support Services)
PROPOSED RULE NUMBER: 2009-P171
CONCISE SUMMARY:  These rules will make permanent the changes to Sections 63 and 69 that were adopted on an emergency basis, effective July 1, 2009.  These rules are necessary to prevent a loss of services for consumers who were affected by the July 1, 2009 repeal of Section 6 of the MaineCare Benefits Manual (Assisted Living Services).  Specifically, the rulemaking:

  • Adds definitions for Licensed Assisted Living Agency and Medication Administration, and amends other definitions to reflect the role of the Licensed Assisted Living Agency.
  • Changes eligibility to allow Section 63 services to be provided in a facility that meets the definition of a Licensed Assisted Living Agency; adds a new level of eligibility (Level V) that does not require care management; and establishes caps and limits for Level V services.
  • Authorizes the Licensed Assisted Living Agency to make final co-pay determinations for Level V consumers under Section 63 and for consumers under Section 69.
  • Includes “Certified Residential Medication Aide” within the “Professionals and Other Qualified Staff” category for Section 63.
  • Extends the reassessment timeframe under Section 63 from six months to twelve months for all consumers.
  • Expands eligibility for Section 69 services to include those provided in a facility defined as a Licensed Assisted Living Agency.
  • Enables consumers to be served by a Licensed Assisted Living Agency in place of the ISS Agency and authorizes reassessments for those consumers by the Authorized Assessment Agency.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §5106
PUBLIC HEARING:  Thursday, August 6, 2009 at 10:00 am, Conference Room 1-A, DHHS Bldg., 442 Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS:  Monday August 17, 2009 at 5:00 pm.
AGENCY CONTACT PERSON:  Elizabeth Gattine, Office of Elder Services, 11 State House Station (32 Blossom Lane), Augusta, ME  04333-0011
TELEPHONE:  (207) 287-9200 or (800) 262-2232 TTY:  (207) 287-9234 or (888) 720-1925
E-MAIL:  elizabeth.gattine@maine.gov


AGENCY:  10-144 – Department of Health and Human Services
RULE TITLE OR SUBJECT:  Rules for Vital Records Fees
PROPOSED RULE NUMBER:  2009-P172
CONCISE SUMMARY:  This rule declares the fees charged for copies of vital records and for services performed in the processing and preparation of vital records as authorized by 22-A MRSA §210.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22-A MRSA, §210
PUBLIC HEARING:  August 6, 2009, 10:30 am – 11:30 am at 286 Water Street, Key Plaza, Room 16, Augusta, Maine  04333-0011
DEADLINE FOR COMMENTS:  August 17, 2009
AGENCY CONTACT PERSON:  Elana Jellison, Department of Health and Human Services, Maine CDC, 244 Water Street, 11 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-1911 TTY:  (800) 606-0215
E-MAIL:  elana.jellison@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 161, Graphic Arts - Lithography and Letterpress Printing
PROPOSED RULE NUMBER:  2009-P173
CONCISE SUMMARY:  The Department is proposing a new regulation that restricts volatile organic compound (VOC) emissions from offset lithography and letterpress printing operations.  Under Section 184 of the Clean Air Act Amendments of 1990, the State must submit plans to control VOC emissions from all sources covered by a Control Technique Guideline (CTG) issued by US EPA. 
This regulation requires all sources within this category to determine their emission levels and implement reasonable options for keeping such emissions at a minimum, in a cost effective way including: control technology approaches, VOC and composite vapor pressure limits and standards for work practices.  Additional information on this draft rule can be found at: http://www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment.  Any party interested in providing comment can testify at the public hearing or provide written comments before the end of the comment period.  All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA § 585-A
PUBLIC HEARING:  August 6, 2009, 9:00 am, Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS:  August 16, 2009 5:00 pm
AGENCY CONTACT PERSON: Deborah Avalone-King, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 287-7028, FAX: (207) 287-7641
E-MAIL:  debbie.j.avalone-king@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER:  2009-P174
CONCISE SUMMARY:  P. L. 2007, Chapter 569 amended Title 38 M.R.S.A. to include chapter 13-D, Wellhead Protection. Section 1393 of the new subchapter prohibits the siting of certain designated facilities in wellhead protection zones, except as may be allowed by variance.  Chapter 692 is the proposed department rule implementing the variance provisions for oil storage facilities.  Chapters 692 also includes provisions that restrict the siting of oil storage facilities within sand and gravel aquifers mapped by the Maine Geological Survey and provide for variances from the restrictions in appropriate instances.  The rule establishes provisions for variances in a number of instances: 1) when it has been demonstrated that there is no hydrological connection between the facility and the water supply at issue; 2) when it has been affirmatively demonstrated that the aquifer has been incorrectly mapped; 3) when it has been affirmatively demonstrated that the aquifer has a potentially low use or is polluted; or 4) when an applicant has demonstrated that the facility will be designed and installed to further reduce the risk of discharges of oil and the likelihood of future ground water contamination.
The rule includes specific engineering, siting and monitoring criteria to ensure that the intent of the enabling legislation is met. 
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA, ch. 13-D (§§1391-1399), 38 MRSA §341-D(1-B), PL 2007, ch. 569, sec. 7
PUBLIC HEARING:  August 6, 2009, Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS:  5:00 pm, August 17, 2009.  Comments may be submitted by mail, e-mail or fax.  To ensure the comments are considered, they must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Jeff Madore, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, Maine  04333
TELEPHONE:  (207) 287-7848 FAX:  (207) 287-7826
E-MAIL:  jeff.g.madore@maine.gov


AGENCY:  06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT:  Ch. 700, Wellhead Protection:  Siting Facilities That Pose a Significant Threat to Drinking Water
PROPOSED RULE NUMBER:  2009-P175
CONCISE SUMMARY:  P. L. 2007, Chapter 569 amended Title 38 MRSA to include chapter 13-D, Wellhead Protection. Subsection 1393 established a prohibition on the siting of certain designated facilities in wellhead protection zones, except as may be allowed in subsection 1394, variances. Chapter 700 is the department rule implementing that variance provision for the following facilities: 1) automobile graveyards; 2) automobile body shops or automobile maintenance and repair facilities; 3) dry cleaning facilities that use perchloroethylene; 4) metal finishing or plating facilities; and 5) commercial hazardous waste facilities. This rulemaking is routine/technical.
In addition, P. L. 2007, Chapter 569 section 7 directed the Board of Environmental Protection to adopt rules that restrict the siting of those facilities identified above within sand and gravel aquifers mapped by the Maine Geological Survey.  The rules provide for variances from the restrictions in appropriate instances.
The rule establishes provisions for variances in a number of instances: 1) when it has been demonstrated that there is no hydrological connection between the facility and the water supply at issue; 2) when it has been affirmatively demonstrated that the aquifer has been incorrectly mapped; 3) when it has been affirmatively demonstrated that the aquifer has a potentially low use or is polluted; or 4) when an applicant has demonstrated that the facility will be designed and installed to further reduce the risk of discharges of hazardous wastes and the likelihood of future ground water contamination.
The variance provisions of the rule include specific engineering, siting and monitoring criteria to ensure that the wellhead protection purpose of the enabling legislation is served.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  38 MRSA chapter 13-D (§§1391-1399), 38 MRSA §341-D(1-B), PL 2007, chapter 560, section 7
PUBLIC HEARING:  August 6, 2009, Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS:   5:00pm, August 17, 2009. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Jeff Madore, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, Maine 04333
TELEPHONE:  (207) 287-7848, FAX: (207) 287-7826
E-MAIL:  jeff.g.madore@maine.gov  



ADOPTIONS


AGENCY:  01-026 Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 31, Certification and Licensing Provisions/Commercial Applicators
ADOPTED RULE NUMBER:  2009-318
CONCISE SUMMARY: The Board adopted an emergency amendment to Chapter 31 of the Board’s rules in response to severe and unusual conditions that have created an extreme risk for a major outbreak of Late Blight, Phytophthora infestans.  The emergency amendment allows the Board to issue reciprocal Maine commercial pesticide applicators licenses based on the home state certification for aerial applicators to spray potatoes only.
EFFECTIVE DATE:  July 2, 2009
AGENCY CONTACT PERSONHenry S. Jennings., Board of Pesticides Control, 28 State House Station,  Augusta, Maine 04333-0028 
TELEPHONE:  (207) 287-2731
E-MAIL:  henry.jennings@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Division of Licensing and Regulatory Services  
CHAPTER NUMBER AND TITLE:  Ch. 128, Rules Governing the Maine Registry of Certified Nursing Assistants
ADOPTED RULE NUMBER:  2009-319
CONCISE SUMMARY:  Adopted rules: These rules implement Public Law 2003, chapters 376, 416, 599, and 634; Resolves 2003 chapter 96; and adopted amendments to the Maine Board of Nursing rules (02-380 C.M.R. Ch. 5). They repeal and replace the current Rules Governing the Maine Registry of Certified Nursing Assistants (CNA Registry). The rules incorporate mandated legislative changes and current best practices in the operation of a CNA Registry. The amended provisions include employment restrictions for crimes committed within the last 10 years (Sec. 2.5); CNA training course instructor’s requirement to notify applicants about the employment restrictions (Sec. 3.2.1.2); the Bridge Examination process (Section 3.2.2); and registry notations of convictions and substantiated complaints (Sections 4.3.6 and 4.3.7). A CNA with disqualifying annotations may not work as a CNA, or as an unlicensed assistive person (UAP), for nursing facilities, hospitals, home health agencies, assisted housing programs, adult day services programs, personnel care agencies and placement agencies, or temporary nurse agencies (Sec. 2.5.4). As part of their application process, CNA training programs must secure, and pay for, a criminal background check on individuals who enroll in a training program (Sec. 3.2.1.3). The rules include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
Economic impact on small businesses.  [Applies to businesses with 20 or fewer employees.] Most of the facilities, agencies and programs impacted by this final rule are not classified as small businesses. This final rule may create adverse economic impact on small businesses that hire or place certified nursing assistants because the rule includes language that clarifies and standardizes compliance requirements with long-standing federal law (OBRA ’87) and state laws. DHHS has determined that there is no less intrusive or less costly, reasonable alternative methods to achieve the purposes of this final rule and that it can be implemented within existing resources. The rules do not create any new compliance burdens for municipalities and counties.
EFFECTIVE DATE: August 1, 2009 
AGENCY CONTACT PERSON: Phyllis Powell, Assistant Director, DHHS, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333
TELEPHONE(207) 287-9338, (800) 791-4080, FAX:  (207) 287-5807, TTY:  (800) 606-0215
E-MAIL:  phyllis.powell@maine.gov


AGENCY: 94-457-Finance Authority of Maine
CHAPTER NUMBER AND TITLE:  Ch. 615, Higher Education Loan Purchase Program
ADOPTED RULE NUMBER:  2009-320
CONCISE SUMMARY:  The amendment is necessary to clarify that FAME is authorized to originate loans under the Program.
EFFECTIVE DATE:  July 12, 2009
AGENCY CONTACT PERSON’S NAME:  Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME  04332-0949
TELEPHONE:  (207) 623-3263 x3520