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Home > Weekly Notices > October 14, 2009

October 14, 2009

WEEKLY NOTICES 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: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. (New), Relocating Utility Facilities Underground in Federally Designated Historic Districts on Federal Aid Highways
PROPOSED RULE NUMBER: 2009-P256
CONTACT PERSON FOR THIS FILING: Theresa Savoy, Director, Civil Rights Office, Department of Transportation, 16 State House Station, Augusta, ME 04333
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING (if any): No Public Hearing has been scheduled
COMMENT DEADLINE: November 13, 2009
BRIEF SUMMARY: This Chapter establishes rules and procedures for the administration of a program of reimbursement for the underground relocation of existing overhead utility facilities in Federally designated historic districts where utility relocation is caused by a Federal-aid highway project on a highway that is part of the National Highway System and where underground utility relocation is requested for the benefit of a National Register Highway District.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): No impact
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA §4210-A; 23 MRSA §52
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Theresa.Savoy@Maine.gov
URL: http://www.maine.gov/mdot/



AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 264, Immunization Requirements for Healthcare Workers
PROPOSED RULE NUMBER: 2009-P257
CONTACT PERSON FOR THIS FILING: Christine Zukas-Lessard, Deputy Director, Maine CDC, DHHS, 11 State House Station, Augusta, ME 04333-0011
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 10:30 a.m., November 3, 2009, Maine CDC Offices, 286 Water Street, Conf. Room 16, Augusta, ME
COMMENT DEADLINE: November 13, 2009
BRIEF SUMMARY: The Department originally adopted these rules on an emergency basis, effective for 90 days, beginning October 6, 2009. These proposed rules would continue the requirement for all designated healthcare facilities to offer the vaccine for the 2009 Novel H1N1 Influenza to all personnel who provide direct care to residents of the facility. The proposal also outlines the reporting requirements designated healthcare facilities. This rule also updates the minimum dose requirements for mumps and rubella. Copies of the rule are available on the Maine CDC website or the Secretary of State’s website.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §802 as amended by PL 2001 Ch. 185
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
TELEPHONE: (207) 287-5179
E-MAIL: Chris.Zukas-Lessard@Maine.gov
E-MAIL FOR DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml

AGENCY: 10-144 - Department of Health and Human Services, Maine CDC, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2009-P258
CONTACT PERSON FOR THIS FILING: Tera Pare, Department of Health and Human Services, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-5680. E-Mail: Tera.Pare@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 2:00 p.m., November 4, 2009 at Conference Room #16, Key Bank Plaza, 286 Water Street, Augusta, ME 04330
COMMENT DEADLINE: November 16, 2009
BRIEF SUMMARY: These rules are designed to update references to the 40 CFR §141 regarding the Groundwater Rule, Lead/Copper Rule revisions, and Lab Certification Rules. Further changes to provide consistency with either state or federal statutes, rules and guidance include clarifying definitions of “water supplier,” changing boiling time for Boil Water Orders, updating cross connection permit references, and revising the Alternative Funding Mechanism fee formula.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42(1), 2605(5), 2611(1) & (2), 2612(2), 2612-A(2), 2613(1-A), 2515(5), 2620-C, 2660-E, and 22 A MRSA §205(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 40 CFR 141 – 143
E-MAIL FOR DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Amendment of Ch. 305, Permit by Rule Standards, Section 10: Stream Crossings
PROPOSED RULE NUMBER: 2009-P259
CONCISE SUMMARY: The proposed amendments, which are considered major substantive rules by the Legislature, include new submission requirements, standards and definitions designed to ensure new crossings will allow for passage of fish and other aquatic organisms and achieve natural stream flow in accordance with P. L. 2009 Chapter 460 An Act to Ensure that Replacement Culverts Permit Fish Passage. New standards are proposed that will require culverts and other structures with bottoms to be embedded in the stream. New crossings on streams with ledge will be required to use an open bottom structure, such as a bridge or arch. Crossings structures will be required to span, or have a diameter equal to, 1.2 times the stream width. Stream width and depth will be measured based on new definitions related to the bankfull capacity of the stream, which is many cases results in larger measurements than those based on the normal high water line of the stream. The requirement that new crossing structures have a cross sectional area three times the cross sectional area of the stream is being increased to 3.5 times. Certain maintenance and repair activities at existing crossings that result in a smaller diameter culvert, such as so-called slip-lining, or that use smooth bore culverts may be allowed in certain cases to waiver from the new stream crossing standards being proposed. New submission requirements include plans showing the cross sectional area of the stream to be crossed and the size and type of crossing structure to be used. Also, applicants will need to submit approval from the Departments of Inland Fisheries and Wildlife and Marine Resources for:
-crossings constructed between October 2 and July 14 of the year;
-culvert maintenance, repair or replacement activities that use a smooth bore culvert or result in a smaller diameter culvert than the culvert being maintained, repaired or replaced;
-crossings that will not allow for fish passage where the purpose is to prevent the spread of invasive fish species, such as pike; and
-crossings on ledge that do not use an open bottom structure due to a natural barrier for fish passage.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 341-D(1-B); 38 MRSA §480-H; P.L. 2009 Chap. 460
PUBLIC HEARING: November 5, 2009 9:00 a.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: November 20, 2009. Comments may be submitted by mail, e-mail or fax to the contact person listed below. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the rule is available upon request from the contact below, and on the web at: http://www.maine.gov/dep/blwq/rule.htm
A copy of the SMALL BUSINESS economic impact statement may be obtained from the contact below.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Mike Mullen, Department of Environmental Protection, 17 SHS, Augusta, ME 04333
DEPARTMENTAL WEBSITE FOR THIS ADOPTION: http://www.maine.gov/dep/blwq/rule.htm
TELEPHONE: (207) 287-4728
FAX: (207) 287-7826
E-MAIL: Mike.Mullen@Maine.gov
DEPARTMENTAL LIAISON FOR RULES: Terry.Hanson@Maine.gov

AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. (New), Rules and Regulations to Protect the Privacy of Certain Personal Information Contained in Payroll Records Submitted to the Department of Transportation
PROPOSED RULE NUMBER: 2009-P260
CONTACT PERSON FOR THIS FILING: Richard N. Hewes, Esq., Maine Department of Transportation, Office of Legal Services, 16 State House Station, Augusta, Maine 04333; tel. (207) 624-3020; E-mail: Richard.Hewes@maine.gov
PUBLIC HEARING (if any): No public hearing is scheduled. To request a public hearing, please contact Richard N. Hewes at the address listed.
COMMENT DEADLINE: Comments must be received by close of business on November 16, 2009.
BRIEF SUMMARY: These Rules would restrict from public disclosure certain personally identifying account numbers such as Social Security and taxpayer identification numbers contained in payroll records filed with the Maine Department of Transportation by private contractors retained by MaineDOT on projects where Federal funding and Federally-established wage & benefit minimums are not involved.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None.
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §1311
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Theresa.Savoy@Maine.gov

AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2009-P261
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 SHS, Augusta, ME 04333. Telephone: (207) 287-6724. FAX: (207) 287-6732. E-Mail: Debra.J.Dodge@Maine.gov
PUBLIC HEARING: November 5, 2009, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: November 16, 2009
BRIEF SUMMARY: This proposed change will add a field for separating the social security number and the insurance policy identification number. In addition, other minor technical changes are being made to conform to the National Uniform Billing Committee definitions. This rule will not have a fiscal impact on municipalities.
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 8704 (4) and 8708(1)(B)

AGENCY: 90-590: Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System For Quality Data Sets
PROPOSED RULE NUMBER: 2009-P262
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6714. FAX: (207) 287-6732. E-Mail: Debra.J.Dodge@Maine.gov
PUBLIC HEARING (if any): November 5, 2009, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: November 16, 2009
BRIEF SUMMARY: This proposed change will add a measure for public reporting by hospitals on issues regarding methicillin-resistant Staphylococcus aureus. In accordance with the provisions of 22 MRSA §8708-A, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council.
This rule will not have a fiscal impact on municipalities.
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §8704, sub-§4 and §8708-A

AGENCY: 90-590: Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 700, Criteria and Standards for Price Lists at Hospitals and Ambulatory Surgical Facilities
PROPOSED RULE NUMBER: 2009-P263
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. FAX: (207) 287-6732. E-Mail: Debra.J.Dodge@Maine.gov
PUBLIC HEARING: November 5, 2009, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: November 16, 2009
BRIEF SUMMARY: This proposed change will repeal this chapter in it’s entirety due to changes in the Title 22 Statues. Consumers can now compare health care prices for specific procedures at the Maine Health Data Organization’s Healthcost web-site. This rule will not have a fiscal impact on municipalities.
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1718 and §8704 sub-§4


ADOPTIONS



AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 264, Immunization Requirements for Healthcare Workers
ADOPTED RULE NUMBER: 2009-531 (Emergency)
CONCISE SUMMARY: These emergency rules would require all designated healthcare facilities to offer the vaccine for the 2009 Novel H1N1 Influenza. These rules would be effective from October 6, 2009 through January 4, 2010. Regular rulemaking will be initiated simultaneous with the promulgation of these emergency rules.
EFFECTIVE DATE: October 6, 2090 through January 4, 2010
AGENCY CONTACT PERSON: Christine Zukas-Lessard, Deputy Director, Maine CDC, DHHS,11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5179
E-MAIL: Chris.Zukas-Lessard@Maine.gov
URL: http://www.maine.gov/dhhs/boh/index.shtml



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Emergency adoption
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(C), Antlerless Deer Hunting Restrictions (Permits)
ADOPTED RULE NUMBER: 2009-532
CONCISE SUMMARY: Under the authority of Title 12 MRSA §§ 10104 and 11152, the Commissioner of Inland Fisheries and Wildlife has adopted an emergency rule in order to issue additional any deer permits that, due to a program error, were not identified in the selection process. The additional permits to be issued are as follows:
WMD 15 - Additional 61 permits
WMD 16 - Additional 60 permits
WMD 17 - Additional 74 permits
WMD 20 - Additional 82 permits
WMD 21 - Additional 108 permits
WMD 22 - Additional 145 permits
WMD 23 - Additional 97 permits
WMD 24 - Additional 44 permits
WMD 25 - Additional 60 permits
WMD 26 - Additional 15 permits
WMD 29 - Additional 9 permits
TOTAL: 755 additional permits
EFFECTIVE DATE: October 1, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 SHS, Augusta, ME 04330-0041. 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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2009-533
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 savings in the budget law, in accordance with PL 2009, ch. 213. The Legislature authorized the Department to do emergency rulemaking in conjunction with budget initiatives 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 October 5, 2009 the Department is changing its reimbursement methodology so that it will reimburse for DME/Medical Supplies as follows: (1) For DME/medical supplies that are not “miscellaneous DME/medical supplies” or made available through an exclusive contract with the Department, providers will be reimbursed at the lower of: the Medicare rate, the providers usual and customary charge or a MaineCare fee schedule published on the Department’s website. (2) For DME/medical supplies, which contains the phrase “miscellaneous,” “accessories,” "not otherwise specified" or "not otherwise classified" in its description, MaineCare will reimburse at either the Manufacturers’ Suggested Retail Price (MSRP) minus twenty percent (20%) or in cases where there is no listed MSRP, providers will be paid their Usual and Customary Charges minus thirty percent (30%). (3) Where the Department has entered into a contract with a supplier, the Department will reimburse based on the priced contained in the contract.
In addition, the Department (1) will no longer provide coverage for non-sterile wipes for all MaineCare members; (2) is placing limits on pressure mattress pads, commodes, walkers, pneumonic compressor devices, apenea monitors, etc., (3) is defining criteria for reclining wheelchairs; (4) is clarifying standards for phototherapy for the treatment of seasonal affective disorder; and (5) is reducing the amount of allowable incontinence supplies.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 5, 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
E-MAIL FOR DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 19-498 – Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 38, Program Statement for Administering the 2010 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2009-534
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: October 9, 2009
AGENCY CONTACT PERSON: Deborah Johnson Development Program Manager, OCD, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9817
E-MAIL: Deborah.Johnson@Maine.gov
URL: http://www.meocd.org/

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 4(4)(1)&(2); Ch. 12(1); Ch. 18(4); IME Expense Reimbursements
ADOPTED RULE NUMBER: 2009-535 to 537
CONCISE SUMMARY: Mileage, meal, and hotel expenses have not been updated for many years and are currently inadequate. Independent Medical Examiner fees have been increased in an effort to attract and retain these examiners.
EFFECTIVE DATE: October 11, 2009
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
E-MAIL: John.Rohde@Maine.gov
URL: http://www.maine.gov/wcb/