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> Weekly Notices > April 21, 2010
April 21, 2010WEEKLY NOTICES OF STATE RULE-MAKING
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| WMD 1 0 permits WMD 2 - 0 permits WMD 3 - 0 permits WMD 4 - 0 permits WMD 5 - 0 permits WMD 6 - 0 permits WMD 7 - 0 permits WMD 8 - 0 permits WMD 9 - 0 permits WMD 10 - 0 permits WMD 11 - 0 permits WMD 12 - 645 permits WMD 13 490 permits WMD 14 - 0 permits WMD 15 4,210 permits |
WMD 16 5,400 permits WMD 17 3,500 permits WMD 18 0 permits WMD 19 - 0 permits WMD 20 4,400 permits WMD 21 5,670 permits WMD 22 5,530 permits WMD 23 7,800 permits WMD 24 2,680 permits WMD 25 5,900 permits WMD 26 2,000 permits WMD 27 - 0 permits WMD 28 - 0 permits WMD 29 600 permits |
TOTAL 48,825 |
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 94, Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT) [formerly known as Prevention, Health Promotion, and Optional Treatment Services]
ADOPTED RULE NUMBER: 2010-140
CONCISE SUMMARY: The adopted rule updates terminology, clarifies certain sections, and makes technical corrections to prepare for the Maine Integrated Health Management Solution (MIHMS). Additionally, the rule is being renamed. This rule is not expected to have an adverse impact on municipalities, counties, or small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 1, 2010
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369.. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cxeak@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov
AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
ADOPTED RULE NUMBER: 2010-141
CONCISE SUMMARY: To reduce medical errors and improve patient safety, the Maine Legislature enacted Public Law 2009, Chapter 358, which amended the Sentinel Events Reporting statute, 22 MRSA Ch. 1684. The rules have been amended to incorporate the statutory revisions. The amended rule includes the following changes:
* New definitions of a number of terms including root cause analysis, immediate jeopardy, and near miss;
* The definition of sentinel events is amended to include the list of serious and preventable events identified by the National Quality Forum;
* Requires standardized training of providers and staff, reporting and notification procedures;
* Financial penalties are increased from not more than $5000 to not more than $10,000; and
* Appendix I incorporates by reference Table 1 List of Serious Reportable Events, pages 7-16 of the National Quality Forum (NQF), Serious Reportable Events in Healthcare 2006 Update: A Consensus Report.
The amended rules are available on line at: http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml
To request a paper copy of the rules, please call (207) 287-9300 or 1 (800) 791-4080.
EFFECTIVE DATE: April 17, 2010
AGENCY CONTACT PERSON: Anne Flanagan, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine 04333. Telephone: (207) 287-9300; 1 (800) 791-4080. TTY 1 (800) 606-0215. Fax (207) 287-5815. E-mail: Anne.Flanagan@Maine.gov .
URL: http://www.maine.gov/dhhs/dlrs/
DHHS 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. II and III Section 67, Nursing Facility Services, and Principles of Reimbursement for Nursing Facilities.
ADOPTED RULE NUMBER: 2010-142
CONCISE SUMMARY: The Department is adopting Ch. II and III Section 67, Nursing Facility Services, and Principles of Reimbursement for Nursing Facilities. Specifically, the Department adopts language describing the practice of continued stay in a NF when a resident is no longer medically eligible for NF services and is awaiting placement for a residential care setting. The amended rules also expand eligibility for specialized services for members with MR or "other related condition". Furthermore, the amended rules allow residents to receive maintenance-level speech therapy when it has been determined the services are medically necessary in order to avoid a significant deterioration in ability to communicate orally, safely swallow or masticate. The Department adopts changes to Ch. III, Principles of Reimbursement for Nursing Facilities, by changing the methodology establishing the direct care cost components and consequently the prospective per diem rates for facilities. Additionally, methodology is adopted under principal 70 to support facilities billing for community support services. The Department also adopts language regarding depreciation recapture. These changes do not impose negative fiscal impact on small businesses with twenty (20) or fewer employees or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/provider rules policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: Ch. II, Section 67.05-13(G) and Ch. III, Principle 70 are effective retroactive to April 1, 2010. All other adopted changes are effective April 25, 2010 and will be implemented upon MIHMS go-live. Providers will be notified at least thirty (30) days prior to the MIHMS start-date.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS 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 97, Private Non-Medical Institutions, and Ch. III Appendices D & E
ADOPTED RULE NUMBER: 2010-143 (Major substantive final adoption)
CONCISE SUMMARY: In this major substantive rulemaking, the Department is finally adopting the August 1, 2009, Emergency Substantive PNMI, Ch. III Rule, currently in effect as well as other additional clarifications. These rules were provisionally adopted by the Department and have now been finally approved by the Maine State Legislature in Resolve 2009, ch. 166.
The Department amends Appendix D (Child Care PNMI Facilities) by deleting the cost settlement requirement. Instead, the Department adopted 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 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 amended Appendix E (Community Residences for Persons with Mental Illness) by deleting "scattered site" PNMI services. Other changes in Chapter III update billing codes for the Department's new claims system for all other PNMI services, and clarify in Chapter III where language pertaining to auditing cost reports no longer applies to Appendix D PNMI services.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 15, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Patricia.Dushuttle@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 37.02, Prohibitions on the Taking or Possession of Minimum Length Limit for Landlocked Salmon, Brown Trout, and Rainbow Trout EMERGENCY RULEMAKING
ADOPTED RULE NUMBER: 2010-145 (EMERGENCY)
CONCISE SUMMARY: Department personnel have observed or received reports of anglers catching Atlantic salmon in Marsh Stream, Frankfort, which is a tributary of the Penobscot River downstream from the site of the former Bangor dam. The endangered Atlantic salmon caught in these tidal waters can be easily mistaken for landlocked salmon or brown trout. Due to the joint listing by the National Oceanic and Atmospheric Administration (NOAA) and the US Fish & Wildlife Service (USFWS) in 2009 of Atlantic salmon as endangered in these territorial waters pursuant to 50 CFR Parts 17 and 224, Vol. 74, No. 117, pages 29344 29387, (online: http://www.nero.noaa.gov/prot_res/altsalmon/ ) it is imperative to prohibit the take of any salmon (sea-run or landlocked) and brown trout to conserve and protect the federally declared endangered Atlantic salmon from imminent depletion and possible extirpation from this federally designated area. A copy of the rule is available online at http://www.maine.gov/dmr/rulemaking/ or to receive a copy by mail see agency contact information below. 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: April 17, 2010
AGENCY CONTACT PERSON: Norm Dube - (207) 941-4453
AGENCY NAME & ADDRESS: Department of Marine Resources, attn L Churchill, 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
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