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Home > Weekly Newspaper Notices > September 23, 2009

September 23, 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: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2009-P238
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing the dates for the wild turkey hunting season to occur as follows: May 3, 2010 - June 5, 2010 for all hunters (there will no longer be a split season); Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day (May 1, 2010). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: October 23, 2009
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2009-P239
CONCISE SUMMARY: These rules propose to permanently adopt changes set forth in the August 31, 2009 emergency rule which replaced the August 1, 2009 emergency rules regarding targeted case management. This rulemaking proposes to make permanent the following emergency changes: Target groups are consolidated and redefined. Several target groups are deleted, including Pregnant and Postpartum women, Adults with Diabetes and Asthma and Members who are receiving Healthy Futures Services. There is new language detailing eligibility criteria for Children and Adults to include Case Management Services for Children with Developmental Disabilities and Behavioral Health Disorders as well as Case Management Services for Adults with Developmental Disabilities, Behavioral Health Disorders, Substance Abuse Disorders, HIV, Long Term Care Needs and Members Experiencing Homelessness. This rule adds prior authorization for children’s targeted case management services. This rule also reduces funding for children’s targeted case management by limiting services to two (2) months for children with scores between fifty (50) and seventy (70) on the Child and Adolescent Functional Assessment Scale. The assessment tool score may not be the sole criterion for determining medical necessity, needs and/or eligibility.
This rule also proposes that MaineCare will not cover multiple TCM services; and sets forth the eligibility process, and the requirement of transitioning to one comprehensive case manager for children and adult members. Chapter III proposes new billing procedure codes based on HIPAA compliant HCPCS coding. Chapter III also implements a change in reimbursement to some Providers/Case Management Agencies through the requirement of billing in 15 minute increments, while other TCM services require monthly or weekly billing. Record keeping requirements, per the federal Medicaid requirement, have been proposed in this rule. This rule also provides TCM coverage for individuals receiving protective services, and changed eligibility for homeless individuals so that these individuals are not required to have resided in a homeless shelter either currently or in the past 90 days.
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, PL 2009, ch. 213, Part A
PUBLIC HEARING: October 13, 2009, 9:30 a.m., Conference Room 1A and 1B, Department of Health and Human Services, 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 October 9, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 23, 2009.
AGENCY CONTACT PERSON: Steven R. Davis, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Steven.R.Davis@Maine.gov



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. #250P: Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums – 2009; and Spousal Living Allowance
PROPOSED RULE NUMBER: 2009-P240
CONCISE SUMMARY: Annual adjustments are required to receive Federal Medicaid match money and to be in compliance with Federal law and with the Waiver agreement between DHHS and the Center for Medicare and Medicaid Services (CMS).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174; 42 USC §1396r-5
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 23, 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, Maine 04333-0011
TELEPHONE: (207) 287-4076
TTY: (800) 606-0215 (Deaf/Hard of Hearing)
E-MAIL: Bethany.Hamm@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/


ADOPTIONS


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 616, Doctors for Maine's Future Scholarship Program
ADOPTED RULE NUMBER: 2009-490
CONCISE SUMMARY: The Rule implements the provision of PL 2009, c. 410, "An Act to Encourage Maine Residents to Attend Medical School and Practice in Maine", which provides scholarships of up to $25,000 to eligible students at qualifying Maine-based medical school programs and requires such programs to provide additional scholarships with matching funds raised from philanthropic and private sources.
EFFECTIVE DATE: September 20, 2009
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263
E-MAIL: KGabrielson@famemaine.com
URL: http://www.famemaine.com



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 103, Rural Health Services
ADOPTED RULE NUMBER: 2009-491
CONCISE SUMMARY: The Department intends to transition to a new information system, MIHMS in 2010, with 30 days notice to providers. Upon implementation of MIHMS, the Department will delete the current local billing codes in Chapter III, Table 1, and replace them with the codes in Chapter III, Table 2, to become compliant with Federal HIPAA regulations. Furthermore, the Department is requiring providers to bill services, including documenting the type of visit, diagnoses and procedures on the UB04 claim form, which will replace the CMS 1500 form.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 21, 2009
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy and Performance, 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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 11.09, Atlantic Sea Scallop Harvesting Season, and Ch. 11.10(1)(H), Closed Areas
ADOPTED RULE NUMBER: 2009-492
CONCISE SUMMARY: The adopted amendments establish nine scallop conservation closure areas and a 70-day scallop season for the 2009-2010 scallop fishing season. The season will be open Tuesdays through Saturdays with Christmas and New Years Days off, beginning on December 15, 2009, ending on March 24, 2010 and sunsets May 1, 2010. The nine coast wide closed areas sunset after 3 seasons on May 1, 2012.
CHAPTER NUMBER AND TITLE:
Ch. 11.10(1)(H)(10), Closed Areas: Whiting Bay and Denny’s Bay Area; and
technical amendments (add references): Ch. 11.19(1)(E); Ch. 26.19; and Ch. 11.20(1), strike graphic
ADOPTED RULE NUMBER: 2009-493
CONCISE SUMMARY: The adopted amendment would establish a tenth scallop and one urchin conservation closure in Whiting Bay and Denny’s Bay (inner Cobscook Bay area). The closure will sunset after 2 seasons, May 1, 2011. Technical changes in Chapters 11 and 26 are also adopted: references to the closure and removal of a chart at the end of Chapter 11.
EFFECTIVE DATE: September 21, 2009
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov
URL: http://www.maine.gov/dmr/rulemaking/