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Home > Weekly Notices > October 28, 2009

October 28, 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: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2009-P267
CONCISE SUMMARY: The proposed rule amendments would clarify the procedures the Commission would use to authorize Maine Clean Election Act candidates to raise campaign contributions if there were insufficient money in the Maine Clean Election Fund to make public campaign funds to candidates. A copy of the proposed rule amendments is available on the Ethics Commission’s website – http://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, November 19, 2009, 9:00 a.m., Room 208 of Burton M. Cross Office Building, 111 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, December 4, 2009
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4179
E-MAIL: Jonathan.Wayne@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 29, Seaweed, and Ch. 8, Landings Program – amend for seaweed buyer’s surcharge rules
PROPOSED RULE NUMBER: 2009-P268 and P269
CONCISE SUMMARY: The proposed rules would establish an annual seaweed buyer’s surcharge of $1.50 per wet ton to be paid by persons who hold a seaweed buyer’s license, in accordance with 12 MRSA §6803-A and B and P.L. 2009 Ch. 283. The surcharge would be applicable state-wide. to persons who purchase more than 10 wet tons annually directly from seaweed harvesters who hold a seaweed permit pursuant to 12 MRSA §6803 and are required to hold a seaweed buyer’s license in accordance with 12 MRSA §6803-A. References would be updated in both Ch. 8 and 29.
AGENCY CONTACT PERSON for Ch. 29 & 8: Pete Thayer (207) 633-9539
STATUTORY AUTHORITY: 12 MRSA §6803-A, §6803-B
PUBLIC HEARINGS: November 16, 2009, 6:00 p.m., Univ. of Maine, Science Lecture Hall, Rm. 102, 9 O’Brien Ave., Machias; and November 17*, 2009, 6:00 p.m., DMR Large Conf Rm., 194 McKown Pt. Rd., W. Boothbay Harbor *Public hearings for multiple proposed rules will be held in chronological order November 17. The second hearing will be held immediately upon the conclusion of the previous hearing, etc. See separate rulemaking notices.
RULE TITLE OR SUBJECT: Ch. 11.10(H)(1,2,8), Scallops - technical corrections to closure line descriptions
PROPOSED RULE NUMBER: 2009-P270
CONCISE SUMMARY: Clarifications would be made to the directions, for example east versus west, used to describe the lines in the recently adopted scallop closures. These would be technical corrections of the rules as adopted; no changes to the physical locations of the lines are proposed.
STATUTORY AUTHORITY: 12 MRSA §6171
RULE TITLE OR SUBJECT: Ch. 36.01(A)(8), Herring dealer – definition amended
PROPOSED RULE NUMBER: 2009-P271
CONCISE SUMMARY: In accordance with Ch. 36.01(A)(8), herring harvesters who sell bait “over the rail” directly to lobster fishermen have been required to hold a wholesale dealers permit (12 MRSA §6851) in addition to a commercial fishing license (12 MRSA §6501), both of which allow the herring harvester to sell the herring catch to individual’s for personal use. The proposed amendment would remove the duplicate wholesale dealers permit requirement of herring harvesters.
AGENCY CONTACT PERSON for Ch 11 and 36: Lt. Jon Cornish (207-633-9500)
STATUTORY AUTHORITY: 12 MRSA §6526
RULE TITLE OR SUBJECT: Ch. 1, Watercraft Excise Tax Decal
PROPOSED RULE NUMBER: 2009-P272
CONCISE SUMMARY: The proposed amendments to Ch. 1 would update the statutory references and repeal outdated text.
STATUTORY AUTHORITY: 12 MRSA §13056 §6133
RULE TITLE OR SUBJECT: Ch. 44 - American Shad – technical correction
PROPOSED RULE NUMBER: 2009-P273
CONCISE SUMMARY: The term “coastal” would be updated to “territorial” for consistency with the changes to these definitions.
AGENCY CONTACT PERSON for Ch. 1 & 44: Laurice Churchill (207-633-9584)
STATUTORY AUTHORITY: 12 MRSA §6171, §6001(6) & (48-B)
PUBLIC HEARINGS November 17*, 2009, 6:00 p.m., DMR Large Conf Rm., 194 McKown Pt. Rd., W Boothbay Harbor *Public hearings for multiple proposed rules will be held in chronological order November 17. The second hearing will be held immediately upon the conclusion of the previous hearing, etc. See separate rulemaking notices.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: November 30, 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: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 314, Amendment 5: Regional Economic Development Revolving Loan Program
PROPOSED RULE NUMBER: 2009-P274
CONTACT PERSON FOR THIS FILING: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, P.O. Box 949, Augusta, Maine 04332-0949; (207) 623-3263; (800) 228-3734 ext. 3515; FAX: (207) 623-0095; E-Mail: KGabrielson@FameMaine.com; URL: http://www.famemaine.com/
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: A copy of the statement of impact on small business, if any, may be obtained from Christopher Roney, General Counsel, Finance Authority of Maine, 5 Community Drive, P.O. Box 949, Augusta, Maine 04332-0949; (207) 623-3263; (800) 228-3734 ext. 3520; FAX: (207) 623-0095; E-Mail: CRoney@FameMaine.com; URL: http://www.famemaine.com
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: Written comments must be submitted on or before November 30, 2009.
BRIEF *SUMMARY: The rule amendment is necessary to incorporate changes to the program mandated by PL 2009, Ch. 131 (An Act to Modify the Regional Economic Development Revolving Loan Program), which increased the maximum amount of funds available to applicants for loans to eligible borrowers, increased the maximum loan amount to borrowers for other than quality child care projects, increased the loan amount at or above which approval of the Authority is required, increased the amount of loans or portions of loans to quality child care projects that may be used for lead abatement, provided that, in addition to loans for quality child care projects, loans of less than $50,000 may be for the total amount of new funds being provided and loans of $50,000 to $100,000 (except quality child care projects) may not exceed 1/2 of net new funds and loans over $100,000 may not exceed 1/3 of net new funds, and made changes to the criteria for eligible borrowers and projects and provided that until June 30, 2010, a project or borrower that is eligible for loan insurance under 10 MRSAA. §1026-A is eligible for financial assistance under the program in addition to the projects and borrowers eligible under the program.
DETAILED BASIS STATEMENT / SUMMARY: The rule amendment is necessary to incorporate changes to the program mandated by PL 2009 Ch. 131 (An Act to Modify the Regional Economic Development Revolving Loan Program), which achieved the following:
1. Increased the maximum amount of funds available to applicants for loans to eligible borrowers from $2,500,000 to $3,500,000;
2. Increased the maximum loan amount to borrowers from $200,000 to $250,000 for other than quality child care projects;
3. Increased the loan amount at or above which approval of the Authority is required from $100,000 to $150,000;
4. Increased the amount of loans or portions of loans to quality child care projects that may be used for lead abatement from $5,000 to $15,000;
5. Provided that, in addition to loans for quality child care projects, loans of less than $50,000 may be for the total amount of new funds being provided to a borrower and loans of $50,000 to $100,000 (except quality child care projects) may not exceed 1/2 of net new funds and loans over $100,000 may not exceed 1/3 of net new funds. (Previously, no loans except those for quality child care projects could be for the total amount of new funds and loans for projects other than quality child care projects could not exceed 1/3 of net new funds except loans of $50,000 or less, which could not exceed 1/2 of net new funds); and
6. Made changes to the criteria for eligible borrowers and projects and provided that until June 30, 2010, a project or borrower that is eligible for loan insurance under 10 MRSA §1026-A is eligible for financial assistance under this program in addition to the projects and borrowers eligible under the program.
A copy of the proposed rule amendment may be obtained by contacting Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, P.O. Box 949, Augusta, Maine 04332-0949; (207) 623-3263; (800) 228-3734 ext. 3515; FAX: (207) 623-0095; E-Mail: KGabrielson@FameMaine.com; URL: http://www.famemaine.com/
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A(14); 10 MRSA. §1026-M(11); P.L. 2009, Ch. 131; 10 MRSA. §1026-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: CRoney@FameMaine.com



AGENCY: 10-144 – Department of Health and Human Services, Maine CDC, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 203, Rules Relating to the Sale and Delivery of Tobacco Products in Maine
PROPOSED RULE NUMBER: 2009-P275
CONTACT PERSON FOR THIS FILING: Tera Pare, Rulemaking Coordinator, Division of Environmental Health, Maine CDC, Dept. of Health and Human Services, (207) 287-5680
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING (if any): Tuesday November 17, 2009 at 10:00 a.m., Key Bank Plaza, 286 Water Street, Augusta, Maine
COMMENT DEADLINE: November 30, 2009
BRIEF *SUMMARY: The changes to the Rules incorporate a revised fee schedule prorating first time license fees. A late fee consistent with Health Inspection Program general licensing rules is specified. The annual term of licenses is changed from April 1 to March 31 of the following year. Clear criteria upon which the department may deny a license are added. The provisions for delivery sales are revised to pertain only to delivery sales of premium cigars.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): No impact is expected for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42 (1) & 1551 – 1560-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Tera.Pare@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. IV, Restriction Plans
PROPOSED RULE NUMBER: 2009-P276
CONCISE SUMMARY: The rule was proposed in July 2009, and due to compelling comments, the rule has been clarified. 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 the core providers of a Primary Care Physician, a Hospital, 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 NO HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: November 16, 2009, 1-3 p.m., Conference Room # 1A & B, 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 November 2, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, November 26, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institution (PNMI) Services, and Appendix D and E.
PROPOSED RULE NUMBER: 2009-P277
CONCISE SUMMARY: In this major substantive rulemaking, the Department is proposing to provisionally adopt the August 1, 2009 Emergency Substantive PNMI, Ch. III Rule, currently in effect as well as propose other additional clarifications. The Department proposes to amend Appendix D (Child Care PNMI Facilities) by deleting the cost settlement requirement. Instead, the Department is proposing to adopt a standardized capitated rate for five (5) levels of child services based on a child’s diagnosis and level of acuity. These rates were established by analyzing data from claims and time studies and unbundling service components to establish an Upper Payment Limit. The Department has added new billing codes for children’s services. The capitated rate includes reimbursement for all PNMI services required by a child for his/her category of level of care including all staffing required both by Maine licensing guidelines, and as identified in the child’s individual service plan, The Legislature mandated the 5 levels of child services in its budget initiative enacted into law (P.L. 2009, ch. 213, Part CC). The Department proposes to amend Appendix E (Community Residences for Persons with Mental Illness) by deleting “scattered site” PNMI services. The Department anticipates that those services will still be provided to members in their apartments, but instead will be reimbursed through Community Support Services under Section 17 of the MaineCare Benefits Manual. Other proposed changes in Ch. III update billing codes for the Department’s new claims system for all other PNMI services, and clarify in Ch. III where language pertaining to auditing cost reports no longer applies to Appendix D PNMI services.
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, Part A
PUBLIC HEARING: November 17, 2009, 1:00 p.m., Conference Room 1A, 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 November 10, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 29, 2009
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 24, Day Habilitation Services; and Ch. II & III Section 28, Rehabilitation and Community Support Services for Children with Cognitive Impairments and Functional Limitations
PROPOSED RULE NUMBER: 2009-P278
CONCISE SUMMARY: The Department is proposing a new MaineCare section, Section 28, which will provide current Section 24 services, as well as additional services, to an expanded children’s eligibility group. The Department is repealing Section 24 because it is deleting this service for adults. The Department anticipates that most adults who now receive Section 24 services will be provided this service under some institutional providers. The Department will provide advance written notice to members to inform them of this reduction and change in service.
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: November 17, 2009 10:30 a.m. to 12:30 p.m., 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 November 2, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, November 27, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 102, Rehabilitative Services
PROPOSED RULE NUMBER: 2009-P279
CONCISE SUMMARY: This letter gives notice of a proposed rule: MaineCare Benefits Manual, II & III, Section 102, Rehabilitative Services. The proposed Ch. II renames services to clarify and reorganize services for better applicability and to allow for flexible patient centered care. Additionally, Ch. III has been recoded in a manner consistent with HIPAA compliant coding.
Services have been realigned from a level system to a concurrent provision system. Members currently have three levels of service that may only be accessed non concurrently up to 22 hours a week, the rule redesign allows a member to receive one of four services concurrently up to 18 hours a week, allowing for a more effective and efficient service delivery.
The new services are Clinical Assessment and Reassessment, which was formerly Clinical Evaluation. Level I Intensive Rehabilitative Services is being replaced by Intensive Integrated Neurorehabilitation. Group services will no longer be reimbursed. Level II Post Acute Rehabilitative Services is being replaced by Neurobehavioral Rehabilitation, with one-on-one (1:1), group and family services. And lastly, Level III Day Health Rehabilitative Services are being replaced by Self Care/Home Management and Community/Work reintegration, with group services. Other routine and Technical changes have been made to the proposed rule.
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, (and any other applicable statutes).
PUBLIC HEARING: November 16, 2009, 3:00-5:00 p.m., Conference Room #4, 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 November 2, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight, November 26, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 227 (New), Rules for Licensure and Operation of Crematoria
ADOPTED RULE NUMBER: 2009-551
CONCISE SUMMARY: The adopted rules establish licensing procedures and operational requirements of crematoria in the State of Maine. These rules will ensure greater protection of public health, as well as stronger consistency with existing state statutes and regulations governing crematoria operation within the state of Maine.
EFFECTIVE DATE: October 26, 2009
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
E-MAIL: Tera.Pere@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Van Buren, and Madawaska
ADOPTED RULE NUMBER: 2009-552
CONCISE SUMMARY: This rule implements the Canadian Weight Limits (CWL) program authorized by 29-A MRSA §2354-C which provides for the operation of two vehicle configurations at certain Canadian weight limits between the Canadian border at Calais to a mill in Baileyville; from the Canadian border at Madawaska to a paper mill in Madawaska; and from the Canadian border at Van Buren to a rail yard in Van Buren.
EFFECTIVE DATE: October 25, 2009
AGENCY CONTACT PERSON: Colleen Weed, Bureau of Motor Vehicles, 101 Hospital St., Augusta, ME 04330
TELEPHONE: (207) 624-9187
E-MAIL: Colleen.Weed@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Catherine.Curtis@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. III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorder
ADOPTED RULE NUMBER: 2009-553
CONCISE SUMMARY: The adopted rules specify modifiers that providers will use when the new payment system, MIMHS is implemented. Providers will receive a notice thirty days in advance of the code implementation. Other than providers of these specific services, this rule is not expected to fiscally impact or create new recording burdens for other small businesses and is not expected to yield new costs for municipal or county governments.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 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: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@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. VI Section 1, Primary Care Case Management
ADOPTED RULE NUMBER: 2009-554
CONCISE SUMMARY: The Department of Health and Human Services is adopting changes to Ch. VI, Primary Care Case Management (PCCM) to add a new level of services, Patient Center Medical Home. Patient Centered Medical Home services will assure effective, efficient and accessible health care services for eligible MaineCare members. Provider requirements are included in the adopted rule. Providers who are approved to deliver this service will receive $3.50 per member per month to deliver patient centered medical home services. This management fee is in addition to the $3.50 they receive for providing PCCM services for a total of $7.00 per member per month. Providers will be required to deliver additional integration of patient services, and participate in on-going educational and evaluation activities. The Department also added language to clarify what groups may not be required to participate in PCCM or PCMH services to be in compliance with federal guidelines and updated sections that have been revised or consolidated in the MaineCare Benefits Manual. The 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.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2009
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov