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Home > Weekly Newspaper Notices > September 30, 2009

September 30, 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: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT: Ch. 1, Division of Vocational Rehabilitation Policy Rules
PROPOSED RULE NUMBER: 2009-P241
CONCISE SUMMARY: Ch. 1: Amendments to the Division of Vocational Rehabilitation Rules. The area to be amended is the Order of Selection process (Section 5) after eligibility for Vocational Rehabilitation Services has been determined. This rule change will provide further delineation in determining significance of disability, and subsequently will increase DVR’s compliance with the federal Rehabilitation Act of 1973, as amended, in serving individuals with the most significant disabilities first when there are insufficient funds to serve all that apply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Ch. 1: Title 26 MRSA §1417
PUBLIC HEARING: A Public hearing will be held on Thursday, October 22nd, 2009 from 1:00 p.m. to 4:00 p.m. at the Department of Labor, 45 Commerce Drive Augusta Maine. The hearing will be facilitated in the Frances Perkins Conference Room, with video conferencing locations available to the Bangor Career Center, Portland Career Center and Lewiston Career Center.
There will be American Sign Language interpreters available at the Augusta and Bangor sites. The proposed rules are available in alternative formats. Individuals with disabilities may request auxiliary aids and services or an accommodation by contacting Alice Johnson – Tel: (207) 623-7964, TTY: (888) 755-0023, or Alice.P.Johnson@Maine.gov. Requests for accommodation should be made as soon as possible.
DEADLINE FOR COMMENTS: November 2nd, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Elizabeth Hopkins, Division of Vocational Rehabilitation, 45 Commerce Street, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-6745
FAX: (207) 287-5292
E-MAIL: Alice.P.Johnson@Maine.govElizabeth.Hopkins@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Calculation of Interest
PROPOSED RULE NUMBER: 2009-P242
CONCISE SUMMARY: Rule 101 serves to inform taxpayers of the standard interest rate established pursuant to statute that is charged against unpaid taxes and paid by the State on overpayment of taxes. It is being amended because the interest rate is changing effective January 1, 2010.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 186, 186-A
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 30, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Edward Charbonneau, Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9626
FAX: (207) 287-3294
E-MAIL: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/revenue/


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 40, Smelt Regulations, and Ch. 55, Gear Restrictions, sections 20, 60 and 97
PROPOSED RULE NUMBER: 2009-P243 and P244
CONCISE SUMMARY: Proposed amendments to the smelt regulations would provide additional conservation measures for smelts, which, since 2004, have been listed as a species of concern from Labrador to New Jersey on the east coast by the National Marine Fisheries Service (NMFS). The local area restrictions would be repealed and replaced with one set of coastwide rules; the spawning season would be extended by 2 weeks, from June 15 to June 30, based on recent survey data; and the year round method of take would be limited to hand dip net and hook and line with no bag limit outside of the spawning season dates. A provision would be added that prohibits harvesters from walking in tidal streams while fishing to protect the newly spawned smelt eggs, similar to the elver rules in 12 M.R.S. §6575(B)(5). Exceptions to the spawning season dates and limits on the method of take will apply in Washington County. These rules would not change the spawning season limit, which would remain at 2 quarts per day. The allowance to commercially sell smelts taken through the ice by hook and line is unchanged pursuant to 12 MRSA §6501(3)(C).
AGENCY CONTACT PERSON: Claire Enterline (207 633-9566)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS: Tue, Oct 20, 2009, 6:00 p.m., UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave. Machias and Thur, Oct 22, 2009, 6:00pm, Lincoln County Communications Center, Meeting Rm, (lower entrance behind the courthouse), Route 1, Wiscasset
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: November 2, 2009
To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. WEB SITE: http://www.maine.gov/dmr/rulemaking/. E-MAIL: Laurice.Churchill@Maine.gov. FAX: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #11-09
PROPOSED RULE NUMBER: 2009-P245
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: October 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: October 23, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
E-MAIL ADDRESS: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521



AGENCY: 02-392 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Maine Board of Pharmacy
RULE TITLE OR SUBJECT: 2009-P246 and P247
Ch. 1, Definitions (amended)
Ch. 4-A, Administration of Drugs and Immunizations (new)
PROPOSED RULE NUMBER: 2009-P246 and P247
CONCISE SUMMARY: This is a rulemaking proceeding to implement PL 2009, c. 308, which permits pharmacists to administer flu and other immunizations.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
STATUTORY AUTHORITY: 32 MRSA §§ 13720, 13723, 13832, 13833, 13835; PL 2009, c. 308
PUBLIC HEARING: October 21, 2009, 8:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
AGENCY CONTACT PERSON: Geraldine L. Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625
E-MAIL: Geraldine.L.Betts@Maine.gov
PROPOSED RULE AVAILABLE ON LINE AT: http://www.maine.gov/professionallicensing


ADOPTIONS



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 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2009-494
CONCISE SUMMARY: These rules permanently adopt the emergency and proposed rules that establish a new Level IX eligibility level for Section 96 services. These criteria are based on eligible members’ medication administration needs and assistance with ADLs and IADLs. Furthermore, the Department adopts Ch. III, which provides three codes to providers that will be billing for Level IX services. Other minor technical and grammatical changes are also adopted.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 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)-287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-09
ADOPTED RULE NUMBER: 2009-495
CONCISE SUMMARY: Minimum September 2009 Class I price is $15.60/cwt. plus $1.58/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $3.72/cwt. handling fee for a total of $22.63/cwt. that includes a $0.20/cwt. Federal promotion fee. Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: October 4, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
E-MAIL: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2009-496
CONCISE SUMMARY: The Office of Licensing and Registration (“OLR”) amended license fees that affect the following professional and occupational licensing programs: State Board of Alcohol and Drug Counselors, Barbering and Cosmetology, Board of Chiropractic Licensure, Electricians’ Examining Board, Manufactured Housing Board, Massage Therapists, Maine Board of Pharmacy, Board of Examiners in Physical Therapy and Board of Real Estate Appraisers. OLR also increased fees for license verification and for obtaining a licensee register list on diskette or CD-ROM.
EFFECTIVE DATES:
Real Restate Appraisers: October 1, 2009
All Others: September 27, 2009
AGENCY CONTACT PERSON: Jeffrey Frankel, OLR Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
E-MAIL ADDRESS: Jeffrey.M.Frankel@Maine.gov
TELEPHONE: (207) 624-8615
URL: http://www.maine.gov/pfr/professionallicensing/index.shtml



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 3, Ambulatory Care Clinics
ADOPTED RULE NUMBER: 2009-497
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety, or general welfare. The threat to public health is due to the expected escalation of 2009 Influenza A (H1N1) this fall. The Department needs to act immediately to assure that as many citizens as possible are protected against H1N1 and seasonal flu. This public health emergency has been a topic discussed by the World Health Organization, the United States Department of Health and Human Services Secretary Kathleen Sebelius, and Maine Governor John E. Baldacci. On June 13, 2009, HHS Secretary Sebelius issued a public health emergency proclamation under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §247-d-6d). On September 1, 2009, Governor Baldacci issued an Emergency Proclamation, requiring the DHHS Maine Center for Disease Control to coordinate with the Maine Emergency Management Agency to identify those qualified health care providers determined necessary to participate in planned vaccinations for seasonal and H1N1 flu. This emergency rule is intended to increase participation of providers who may administer such vaccines, by providing financial reimbursement for administration of the vaccines for MaineCare eligible members, in hopes of increasing the numbers of MaineCare members who are vaccinated against both seasonal and H1N1 flu, and making such vaccinations available as soon as possible.
Accordingly, MaineCare is immediately adding reimbursement for administration of H1N1 and seasonal flu shots in flu clinics provided by Maine’s ambulatory care clinics. Ambulatory Care Clinic providers, schools, and Home Health Agencies will be reimbursed $5 per vaccination for administration of these flu vaccines to MaineCare members. It is crucial that as many individual as possible immediately receive seasonal flu vaccines, since those who contract seasonal flu are at greater risk for either contracting or experiencing complications for H1N1 flu. It is even more critically important that high risk populations, such as pregnant women, children and young adults up to age 24, persons with diabetes, compromised immunosuppressive systems, and asthma, many of which are covered by MaineCare, have access to these vaccinations. This emergency rulemaking will allow ambulatory care clinics to vaccinate MaineCare members in hopes of reducing the impact of both H1N1 and seasonal flu in Maine this fall.
These rules will remain in effect for 90 days while the Department permanently adopts these changes in a proposed rulemaking. The 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/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 23, 2009
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
E-MAIL: Patricia.Dushuttle@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 45, Hospital Services
ADOPTED RULE NUMBER: 2009-498
CONCISE SUMMARY: These adopted 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. These rules also require reporting of additional physician administered rebatable drugs.
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2009-499
CONCISE SUMMARY: The Department is permanently adopting emergency rules currently in place that reduce hospital reimbursement. As mandated by the Legislature, in P.L. 2009, ch. 213, Part CC, effective July 1, 2009 the Department reduced hospital reimbursement. For acute care non-critical access hospitals, inpatient discharge rates (except for those from psychiatric units) were reduced 6.7% and reimbursement for outpatient services was decreased to 83.8% of costs.
For critical access hospitals and hospitals reclassified to a wage area outside Maine, reimbursement for inpatient and outpatient services was reduced to 109% of costs. For all acute care hospitals, including critical access, hospital based physician reimbursement was 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.
In addition, these rules eliminate the COLA adjustment for SFY's 2010 and 2011 for non critical access acute care hospitals for inpatient discharge rate and for psychiatric unit discharge rates. The Department capped the PIP payment so that the total payment to all hospitals is not less than 80%. All of the above mentioned changes are contingent upon approval from CMS.
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 46, Psychiatric Hospital Services
ADOPTED RULE NUMBER: 2009-500
CONCISE SUMMARY: These final rules establish admission eligibility and continuing eligibility criteria for psychiatric hospitals within psychiatric hospitals. These changes 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 is lessened when the admission and continuing eligibility criteria are clear from the beginning.
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2009-501
CONCISE SUMMARY: These adopted rules permanently adopt emergency rules currently in place which increase reimbursement rates for speech and hearing agencies as directed in the FY 2010 budget.
EFFECTIVE DATE: September 28, 2009
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
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: 02-313 - Maine Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 7, Licensing / Certification / Late Fees
ADOPTED RULE NUMBER: 2009-502
CONCISE SUMMARY: The changes to Ch. 7 correct an inconsistency with Ch. 14 regarding fees for inspection/application and renewal for the moderate sedation and general anesthesia/deep sedation permits. They also increase the dentist and dental radiography licensing fees to the caps provided by statute.
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
ADOPTED RULE NUMBER: 2009-503
CONCISE SUMMARY: The changes to Ch. 14 correct an inconsistency with Ch. 7 regarding fees for inspection/application and renewal for the moderate sedation and general anesthesia/deep sedation permits.
EFFECTIVE DATE: September 28, 2009
AGENCY CONTACT PERSON: Teneale E. Johnson, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333
E-MAIL: Teneale.E.Johnson@Maine.gov
URL: http://www.mainedental.org/