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Home > Weekly Notices > November 11, 2009

November 11, 2009

WEEKLY 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: 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 30, Family Planning Agency Services and Allowances for Family Planning Agency Services
PROPOSED RULE NUMBER: 2009-P290
CONCISE SUMMARY: The Department has proposed changes to this section to update the policy language, unbundle services, replace local codes with HIPAA compliant codes and standardize rates. Also contained within this rulemaking is the elimination of coverage for infertility treatment, elimination of coverage for cervical caps, and expansion of coverage to include blood testing and counseling related to HIV and Hepatitis. These changes will become effective upon implementation of MIHMS. Providers will be notified at least thirty (30) days prior to the effective date.
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: December 1, 2009, 1:00 p.m., 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 November 20, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 17, 2009.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Delta.Cseak@Maine.gov
TELEPHONE: (207) 287-6348
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
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 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2009-P291
CONCISE SUMMARY: These proposed rules seek to achieve a number of goals:
1. establish HIPAA compliant coding for the delivery of services with implementation of MaineCare’s new claims system, MIHMS;
2. fulfill the Legislature’s directive, as expressed in PL 2007, ch. 71, which allows for speech therapy benefits for members who, without a maintenance level of speech therapy services, may reasonably suffer a significant decline in their ability to communicate orally, safely swallow or masticate;
3. establish 2010 agency rate increases as directed in Maine’s FY 2011 budget;
4. correct a unit error in code SHC 25;
5. other, minor grammatical changes within this rulemaking.
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; 22 MRSA §3174-F (3)(A)
PUBLIC HEARING: December 4, 2009, 12:00 p.m., 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 November 27, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight on December 15, 2009
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Derrick.Grant@Maine.gov
TELEPHONE: (207) 287-6427
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 02-382 - Maine State Board of Optometry
CHAPTER NUMBER AND TITLE: Ch. 1, Examination; Approved Schools; License Renewal; Fees; Continuing Education
PROPOSED RULE NUMBER: 2009-P292
CONTACT PERSON FOR THIS FILING: Susan Giampetruzzi, 113 State House Station, Augusta, ME 04333. Telephone: (207) 624-8691. Fax: (207) 624-8692. E-mail: Susan.A.Giampetruzzi@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING (if any): None
COMMENT DEADLINE: December 11, 2009
BRIEF SUMMARY: This rule was amended to increase the licensing examination application fee, the annual license fee and to accommodate the change in how the license examination will be administered..
DETAILED BASIS STATEMENT / SUMMARY: This rule amendment will clarify language pertaining to the examination administered by the Board. It will also increase the license examination application fee and the annual license fee to adequately provide revenue for the Board to conduct its function.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §2422 and §2423(1) and (2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Same as above
URL: http://www.maine.gov/pfr/auxboards/optometry/

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, Shrimp: 45.05(1)(A)(2), Shrimp Season, 2009–2010
PROPOSED RULE NUMBER: 2009-P293
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2009–2010 shrimp season. The proposed season would take place from December 1, 2009 through May 29, 2010. The season for the harvest of shrimp by trawl and by trap would be the same dates.
AGENCY CONTACT PERSON: Laurice Churchill: (207) 633-9584)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: None scheduled; one may be requested
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: December 11, 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: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 181, Child Development Services System: Regional provider Advisory Boards
PROPOSED RULE NUMBER: 2009-P294
CONTACT PERSON FOR THIS FILING: Joanne C. Holmes (Jaci Holmes), Federal State Legislative Liaison, Maine Department of Education. Telephone: (207) 624-6669. Cell: (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 1, 2009, 11 a.m.-12 noon, Room 541 of the Cross State Office Building (just west of the Capitol), Augusta, Maine
COMMENT DEADLINE: December 11, 2009
BRIEF SUMMARY: Department is repealing as there is no longer a statutory requirement for these bodies.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: There is none.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: There is none.
URL: http://www.maine.gov/education/index.shtml
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Greg.Scott@Maine.gov

AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites
PROPOSED RULE NUMBER: 2009-P295
CONTACT PERSON FOR THIS FILING: Joanne C. Holmes (Jaci Holmes), Federal State Legislative Liaison, Maine Department of Education. Telephone: (207) 624-6669. Cell: (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 1, 2009, 10-11 a.m., Room 541 of the Cross State Office Building (just west of the Capitol), Augusta, Maine
COMMENT DEADLINE: December 11, 2009
BRIEF SUMMARY: The Department is proposing to repeal Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites, as the version of the regulation that the Legislature adopted in June 2009 relates to the former structure and functioning of the CDS System. The revised statute for the Child Development Services within the Department of Education articulates a centralized statewide salary and benefits system, statewide salary and benefits administration system with payroll functions on the state level, collective bargaining, centralized fiscal administration to be implemented by September 1, 2006, centralized data management system by July 1, 2007, standardized template for regional site contracts, refine accountability standards for compliance with federal standards, statewide plan for professional development. Most of the requirements contained in the old regulation are no longer implementable given the statutory changes to the CDS System and the federal monitoring requirements.
The State IEU working collaboratively with a representative group of CDS site directors developed an allocation methodology for the regional sites that addresses the funds that they will get each year that will be paid by the State IEU.
DETAILED BASIS STATEMENT / SUMMARY: The Department is proposing to repeal Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites, as the version of the regulation that the Legislature adopted in June 2009 relates to the former structure and functioning of the CDS System. The revised statute for the Child Development Services within the Department of Education articulates a centralized statewide salary and benefits system, statewide salary and benefits administration system with payroll functions on the state level, collective bargaining, centralized fiscal administration to be implemented by September 1, 2006, centralized data management system by July 1, 2007, standardized template for regional site contracts, refine accountability standards for compliance with federal standards, statewide plan for professional development. Most of the requirements contained in the old regulation are no longer implementable given the statutory changes to the CDS System and the federal monitoring requirements.
The State IEU working collaboratively with a representative group of CDS site directors developed an allocation methodology for the regional sites that addresses the funds that they will get each year that will be paid by the State IEU.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Department Rulemaking Authority 20-A MRSA §7005(1). Specific rulemaking authority requiring a funding formula was repealed June 30, 2006
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Greg.Scott@Maine.gov
URL: http://www.maine.gov/education/index.shtml/

AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2009-P296
CONCISE SUMMARY: Amend this chapter to allow registered professional nurses to delegate to certified nursing assistants additional skills beyond the skills listed in the basic certified nursing assistant curriculum.
HIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §2102.2, §2153-A
PUBLIC HEARING: December 3, 2009 at 3 p.m., Maine State Board of Nursing, 161 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 13, 2009
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
E-MAIL: Virginia.E.DeLorimier@Maine.gov
URL: http://www.maine.gov/boardofnursing/

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 325, Community-Based Renewable Energy Pilot Program
PROPOSED RULE NUMBER: 2009-P297
CONTACT PERSON FOR THIS FILING: Mitchell Tannenbaum, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 4, 2009, 1:30 p.m., 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 14, 2009 – The Commission requests that comments be filed by November 30, 2009 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2009-363 and be sent to the Administrative Director, Public Utilities Commission at: mail address - 18 State House Station, Augusta, Maine 04333-0018; delivery address - 101 Second Street, Hallowell, Maine 04347
BRIEF SUMMARY: The Commission initiates this rulemaking proceeding to adopt rules to implement recently enacted legislation establishing a community–based renewable energy pilot program.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §3602
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/mpuc/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Paula.Cyr@Maine.gov


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 Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2009-576
CONCISE SUMMARY: These final rules update the definition of Ambulatory Surgical Center, per CMS Conditions for Care; update the conditions of care; clarify non-covered services; add documentation for assessments and informed consents; and make minor grammatical changes. This rulemaking has no adverse impact on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 18, 2009
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Darrick.Grant@Maine.gov
TELEPHONE: (207)-287-6427
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
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. III Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2009-577
CONCISE SUMMARY: These final rules allow for HIPAA compliant billing of chiropractic services under MaineCare’s new claims system, MIHMS. This rulemaking has no adverse impact on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 23, 2009
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)
DEPARTMENTAL RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 870, Late Payment Charges and Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks
ADOPTED RULE NUMBER: 2009-578
CONCISE SUMMARY: The Commission adopts amendments to Ch. 870 to change the indexing mechanisms for setting the maximum late payment charge, the interest to be paid on deposits and to make other minor modifications.
EFFECTIVE DATE: November 7, 2009
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov
URL: http://www.maine.gov/mpuc/

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, Shrimp: 45.05(1)(A)(2), Shrimp Season, 2009–2010 (Emergency)
ADOPTED RULE NUMBER: 2009-579
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2009–2010 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set October 29, 2009. The season shall take place from December 1, 2009 through May 29, 2010. The season for the harvest of shrimp by trawl and by trap shall be the same dates. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: November 11, 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/index.htm

AGENCY: 18-364 - Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Hot Lotto Rules
ADOPTED RULE NUMBER: 2009-580
CONCISE SUMMARY: This rule establishes the procedures for the operation of the multi-jurisdictional lottery game Hot Lotto in Maine, including any marketing and promotions with other jurisdictions. The rule is promulgated pursuant to 8 MRSA §374 and PL 2003, Part MM, as codified at 8 MRSA §372, sub.-§2 para. I. The effective date of this rule is October 11, 2009.
Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333.
EFFECTIVE DATE: November 11, 2009
AGENCY CONTACT PERSON: Dan A. Gwadosky, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756
E-MAIL: Dan.Gwadosky@Maine.gov
URL: http://www.maine.gov/dafs/bablo/

AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Quality Data Sets
ADOPTED RULE NUMBER: 2009-581 (Emergency major substantive)
CONCISE SUMMARY: The Maine Health Data Organization has determined that the immediate adoption of these rules on an emergency basis is necessary to assure that initiatives directed by the Maine State Legislature are achieved as soon as possible.
FINDING
Methicillin resistant staphylococcus aureus, or MRSA, is a bacterium which can cause serious infection and which is resistant to several classes of antibiotics which make it difficult to treat. Transmission of MRSA from asymptomatic carriers to vulnerable patients and conversion of asymptomatic carriers to actively infected patients occurs in hospitals because of the presence of patients who, because of age, chronic or acute illness, or surgical operation, have weakened immune systems. This rule change is being submitted on an emergency basis so that identification of patient groups at high risk for MRSA colonization may begin as soon as possible. MRSA colonization is a risk factor for MRSA infection, which carries a high mortality rate and is difficult to treat. In order that these populations be identified, MRSA prevalence studies in hospitalized patients must be designed and implemented. Active surveillance of these high risk populations, which depends on their identification by prevalence studies, is essential to the effective prevention of transmission of MRSA and MRSA infection in Maine’s hospitals. The overriding goal is eradication of MRSA infection in Maine’s hospitals, which is an identified threat to public health and safety.
The above mentioned presents an immediate threat to public health, safety, or general welfare as defined in 5 MRSA §8054 and warrants adoption of these rules on an emergency major substantive rule-making basis.
EFFECTIVE DATE: November 5, 2009
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722
E-MAIL: Debra.J.Dodge@Maine.gov
URL: http://mhdo.maine.gov/imhdo/

AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULES: Amendment of Existing Rule s
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons – Open and Closed Areas
ADOPTED RULE NUMBER: 2009-582
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule amending the framework for the hunting season for deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between November 1 and January 30 annually.
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
ADOPTED RULE NUMBER: 2009-583
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the fall wild turkey hunting season by adding Wildlife Management District 12 to Zone 1 for the fall season. A copy of the rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: November 8, 1009
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm