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Home > Weekly Notices > June 30, 2010

June 30, 2010

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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.04, Lobster Trawl Limits on Casco Bay
PROPOSED RULE NUMBER: 2010-P145
CONCISE SUMMARY: At present, there are three areas designated in statute as “areas of limited lobster fishing” where it is unlawful to have more than three lobster traps on a trawl. These are west of Cape Elizabeth and east of Kittery, between Pemaquid and Robinson’s Points, and off of Hancock County. These areas of limited lobster fishing were repealed during the past legislative session with an effective date of January 1, 2011, so that they could instead be adopted in rule before their repeal. The proposed rule would put exactly what is currently in statute into rule instead. This would allow the Zone Councils to make recommendations on the number of lobster traps allowed on a trawl, and make future changes through the Zone Council process as needed.
AGENCY CONTACT PERSON: Deirdre Gilbert (207-624-6550)
STATUTORY AUTHORITY: 12 MRSA §6171
RULE TITLE OR SUBJECT: Ch. 25.93(E)(4), Lower Limit of Tags Lower Limit of Licenses
PROPOSED RULE NUMBER: 2010-P146
CONCISE SUMMARY: Effective September 20, 2007, the law pertaining to limited-entry zones changed the rules on the exit ratio from based upon the number of licenses retired to the number of trap tags retired by license holders in the previous year. Therefore the regulations pertaining to the “lower limit of licenses” is proposed to be updated to be based upon the “lower limit of tags” for compliance and consistency with the statutory change.
AGENCY CONTACT PERSON: David Etnier (207-624-6550)
STATUTORY AUTHORITY: 12 MRSA §6448
RULE TITLE OR SUBJECT: Ch. 25.95(1)(F)(6), Violations
PROPOSED RULE NUMBER: 2010-P147
CONCISE SUMMARY: This rulemaking proposes to remove the outdated reference to these regulations being a class D crime. In 2003 12 MRSA §6174(3) changed from rules being a class D crime to a civil violation.
AGENCY CONTACT PERSON: Lt. Jon Cornish (207-633-9595)
STATUTORY AUTHORITY: 12 MRSA §6174
RULE TITLE OR SUBJECT: Ch. 25.97, Management Framework for Island Limited Entry Program
PROPOSED RULE NUMBER: 2010-P148
CONCISE SUMMARY: These proposed regulations would establish the procedures under which an island limited entry program could be created, including the petition process, referenda, and adoption procedures. The proposed regulations identify which year-round islands qualify; define residency and residency exceptions for temporary absences from an island for medical or educational purposes; establish the waiting list procedures; establish how the number of licenses to be issued would be calculated; and describe the requirement for an island limited entry program committee for participating islands.
AGENCY CONTACT PERSON: Deirdre Gilbert (207-624-6550)
STATUTORY AUTHORITY: 12 MRSA §6449
RULE TITLE OR SUBJECT: Ch. 36.01(D)(2), Herring, Catch quota and effort restrictions
PROPOSED RULE NUMBER: 2010-P149
CONCISE SUMMARY: The proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules to close loopholes that allow harvest vessels to circumvent the intent of the Atlantic States Marine Fisheries Commission (ASMFC) days out conservation measures and deliberately circumvent the obligatory federal, ASMFC and state reporting requirements.
AGENCY CONTACT PERSON: Col. Joe Fessenden (207-624-6550)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS:
July 19, 2010, 6:00 pm*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
July 20, 2010, 6:00 pm*, Municipal Bldg, Chamber B, 258 Route 1, Scarborough
July 22, 2010, 6:00 pm*, State Ferry Terminal, Conf. Rm., 517A Main Street, Rockland
*The four proposed amendments in Ch. 25 Lobster regulations will be followed by the proposed rule for Ch. 36 Herring, landing definition; see separate rulemaking notices.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: August 2, 2010. 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: 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.
URL: http://www.maine.gov/dmr/index.htm



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Amendment to Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances, Section 13(A)(1)
PROPOSED RULE NUMBER: 2010-P150
CONTACT PERSON FOR THIS FILING: Mike Morse, Department of Environmental Protection, 312 Canco Road, Portland, Maine 04103. Telephone: (207) 822-6328. Fax: (207) 822-6303. E-mail: Michael.J.Morse@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the contact person listed above, and received by the comment deadline below.
COMMENT DEADLINE: July 30, 2010, 5:00 p.m. Pursuant to Maine law, interested persons are publicly notified of the proposed rulemaking, and are provided an opportunity for comment. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. Any person interested in providing public comment can submit written comments before the end of the comment period. All comments should be sent to the agency contact person. 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
BRIEF SUMMARY: The Department is proposing changes to Ch. 1000, the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances. This rule serves as the model ordinance for municipalities and establishes the minimum requirements for municipalities to adopt into their local zoning ordinance. Section 13(A)(1) of the current Ch. 1000 rule was last amended on May 1, 2006. This section requires municipalities to regulate land areas within 250 feet of certain freshwater wetlands that have been identified as moderate or high value waterfowl and wading bird habitat on a data set provided by the Department of Inland Fisheries and Wildlife on this date, with a 250-foot Resource Protection District. After this data set had been established it was realized that the data identified land areas that should not be subjected to the strict Resource Protection District zoning requirements. When this problem was realized, the Department of Inland Fisheries and Wildlife agreed to devote considerable resources to create a corrected data set, which was completed on December 31, 2008. Many municipalities have already adopted amendments to their local ordinances using the December 31, 2008 corrected data set. Overall, the proposed amendments will reduce the land area required to be zoned with a Resource Protection District by municipalities, which will provide greater flexibility to landowners in the use and development of their land.
DETAILED BASIS STATEMENT / SUMMARY:
STATUTORY AND REGULATORY REFERENCE: 38 MRSA, Section 438-A(1) (Mandatory Shoreland Zoning Act) and Ch. 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances. Section 438-A(1) states that “the Board of Environmental Protection (Board) shall adopt, and from time to time shall update and amend, minimum guidelines for municipal zoning and land use controls” to carry out the purposes of the Mandatory Shoreland Zoning Act. The Department is requesting that the Board authorize the Shoreland Zoning Unit to initiate a rule-making activity to amend one of the criteria for establishing a Resource Protection District in the shoreland zone.
LOCATION: The amended standard for establishing a Resource Protection District would apply in all organized municipalities.
DESCRIPTION: On May 1, 2006, the Board amended Ch. 1000 and established a time-frame within which municipalities must update their local ordinances. An amendment to the Guidelines pertained to Section 13(A)(1) which includes one of the criteria for establishing the Resource Protection District.
The amendment to Section 13(A)(1) changed the date of the Department of Inland Fisheries and Wildlife data set for rating “waterfowl and wading bird habitat”. Prior to the 2006 amendment the data source was from 1973 Inland Fisheries and Wildlife ratings. Specifically, the Guidelines criterion for adopting a Resource Protection District for areas associated with wetlands was as follows:
(1) Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated “moderate” or “high” value by the Maine Department of Inland Fisheries and Wildlife (DIF&W) as of January 1, 1973.
By 2006, the 1973 DIF&W data was out of date as it pertained to freshwater wetlands. In fact, the DIF&W no longer used the 1973 data. Furthermore, many wetlands had not been rated in 1973, but have since been rated. Therefore, the Department amended the Guidelines to adopt the 2006 ratings. The intent was to use the 2006 ratings for freshwater wetlands, but to keep the 1973 ratings for coastal salt marshes and salt meadows because DIF&W) still used the 1973 rating for coastal wetlands.
After the Board adopted the ratings from 2006, it was discovered that the data included inland areas that should not have been rated moderate or high value. This included long narrow wetlands along river flowages, as well as significantly developed areas. When this problem was recognized the Department of Inland Fisheries and Wildlife agreed to devote considerable manpower to review and modify the 2006 maps according to the new protocol, and have those maps available to the municipalities by the end of 2008. DIF&W completed the task by October 2008 and officially published the data on December 31, 2008. Since then the Department has been recommending that towns amend their zoning maps consistent with the 2008 data for freshwater wetlands, rather than the 2006 data. The Department has been recommending that towns adhere to the 1973 ratings for coastal areas. Most of the towns have accepted the Department’s recommendation and are using the 2008 ratings for freshwater wetlands even though the Guidelines continue to reference the 2006 ratings.
ENVIRONMENTAL ISSUES: Use of the most recent wetlands ratings when municipalities amend their shoreland zoning maps will provide appropriate protection of waterfowl and wading bird habitat. Buffers of 250 feet will be provided adjacent to those habitats, but developed areas will be removed from the more restrictive zoning district. In addition, towns will not be forced to zone an area as Resource Protection when the wetlands are too narrow to provide significant habitat. Overall, this change will require less area to be zoned for Resource Protection.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities electing to apply this rule amendment will implement administrative proceedings that will result in a fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §438-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov
URL: http://www.maine.gov/dep/



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #08-10
PROPOSED RULE NUMBER: 2010-P151
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 Section 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: July 23, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 23, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. E-mail: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. VIII Section 2, Health Insurance Purchase Option
PROPOSED RULE NUMBER: 2010-P152
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is proposing to delete sections of the MaineCare Benefits Manual, Ch. VIII, Section 2. Specifically, sections defining the eligibility portion of this policy; 2.03, 2.04, 2.05, 2.07, 2.08, 2.09 and 2.10 are being deleted. Concurrent to this rulemaking, the Office of Integrated Access and Support is proposing to administer the eligibility portion of this program and publish the information in their own MaineCare Eligibility Manual. MaineCare Services will continue to include language in the MaineCare Benefits Manual defining the benefits available through the Health Insurance Purchase Option program. This will not impact or decrease benefits presently provided to MaineCare members. This rule will have no adverse impact on small business.
See http://www.maine.gov/oms/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 and §3174-T(2)(E)
A PUBLIC HEARING will not be held unless five (5) or more people request one.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 30, 2010.
AGENCY CONTACT PERSON: Derrick Grant, Policy Writer, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@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 (DHHS), Division of Audit
RULE TITLE OR SUBJECT: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies
PROPOSED RULE NUMBER: 2010-P153
CONCISE SUMMARY: A complete revision of MAAP regulations is necessary due to significant changes that have occurred in accounting and auditing standards and federal regulations since the last major revision in December, 1996. The proposed MAAP regulations more closely mirror Federal Circulars OMB A-87, Cost Principles for State, Local, and Indian Tribal Governments, OMB A-102, Grants and Cooperative Agreements with State and Local Governments, OMB A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, OMB A-122, Cost Principles for Non-Profit Organizations and OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. In addition, the regulations are updated to reflect the latest auditing standards promulgated by the American Institute of Certified Public Accountants.
See http://www.maine.gov/dhhs/audit/social-services for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §1660-H
PUBLIC HEARING: The Department is not planning on holding a public hearing at this time. Written comments will be taken for thirty days from June 30, 2010 to July 30, 2010. If five or more people request a public hearing, one will be scheduled.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 30, 2010_
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, DHHS Division of Audit, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215 (Deaf or Hard of Hearing). E-mail: Caroll.Thompson@Maine.gov
URL:www.maine.gov/dhhs/audit/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 17, Community Support Services
ADOPTED RULE NUMBER: 2010-244 (Emergency)
CONCISE SUMMARY: The emergency rules specify new rates effective 7/1/10 pursuant to the supplemental budget, PL2009, Ch.571, Part A §25 and Part OOO§ 000-1. The rule specifies a reduction in rates of 3 % for Community Integration and 4% for all other services in Section 17, Community Support Services.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606.0215 or (207) 287-1828 (Deaf/Hard of Hearing)
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



** THIS RULE WILL BECOME EFFECTIVE ONLY UPON THE IMPLEMENTATION OF MIHMS**
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 and III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2010-245
CONCISE SUMMARY: The Department is adopting these final changes to Ch. II, Section 19: Services that were previously included under Comprehensive Care Management services have been broken out and clarified as Skills Training Services, Financial Management Services, and Care Coordination Services. The Home Care Coordination Agency (HCCA) has been deleted, and replaced with Service Coordination Agencies (SCA), which will coordinate services. However, the SCA providing care coordination services to a member may not be a provider of direct care services. A Limits provision limits the number of allowable hours for Skills Training Services and Care Coordination/Supports Brokerage Training Services. Additionally, this adopted rule requires the Office of Elder Services to maintain Member waiting lists, and it requires the Department to collect the Cost of Care from the Member. The adopted rule also adds a new type of provider: the Care Coordinator. This rule also allows Section 19 services to be suspended for up to 60 days without a Member losing eligibility for Section 19 services.
The Department has decided not to adopt any of the proposed changes to Ch. III, Section 19.
Some of the adopted rule changes will require amendment of the Home and Community Benefits for the Elderly and Adults with Disabilities Waiver, and those amendments will require CMS approval before they are effective.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: Upon MIHMS implementation
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

URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


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 and III Section 22, Home and Community Benefits for the Physically Disabled
ADOPTED RULE NUMBER: 2010-246
CONCISE SUMMARY: The changes adopted in this rulemaking involve expanding covered services to include those services that are bundled under the current case management service. These services are skills training, financial management services, and supports brokerage and will now be billed separately. The Department also adopts language that outlines the allowed maximum number of billable hours for each service. Also adopted in this final rule is language surrounding waiting list and cost of care practices. In Ch. III, the Department adopts three HIPAA-compliant service codes needed to bill for skills training, financial management services and supports brokerage. The Department also adopts an installation code for the Personal Emergency Response System (PERS), which is consistent with other Home and Community Based waiver programs. Finally, the Department adopts a new attendant care rate. All adopted changes will be implemented upon MIHMS go-live. Providers should follow current rules and protocols until that time. Providers will be notified at least thirty (30) days in advance of MIHMS implementation.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: With MIHMS implementation
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
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 23, Developmental and Behavioral Clinic Services
ADOPTED RULE NUMBER: 2010-247 (Emergency)
CONCISE SUMMARY: The Department is adopting an emergency rule for MaineCare Benefits Manual, Ch. 101, Ch. III Section 23, Developmental and Behavioral Clinic Services pursuant to PL 2009, Ch. 571, Part A and Part OOO, §000-1 (June 2010 State of Maine Supplemental Budget). The reductions in reimbursement set forth in these rules were selected after consideration by the Legislature. The Department is required to reduce the fees set forth in this policy by 10%, effective 07/01/2010. Therefore a 10% reduction to services has been applied to rates in this policy.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Division of Policy, 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
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-248
CONCISE SUMMARY: These adopted rules establish Medicare DRG and APC billing methodology for hospitals. Inpatient discharges will be reimbursed on a Medicare DRG-based system, and include a direct care DRG rate, as well as estimated capital and medical education costs. This reimbursement will be subject to interim and final settlements. Billing for outpatient discharges will also be required to begin capturing the data required to transition to paying outpatient claims with APC methodology. This final rule also makes a technical correction in the supplemental pool amount the Department allocates.
These proposed changes are subject to CMS approval. Hospitals will receive at least a 30 day notice of “go live” date for MIHMS.
This rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. This rulemaking has no adverse impact on small businesses employing twenty or fewer employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 28, 2010
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
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



** THIS RULE WILL BECOME EFFECTIVE WITH IMPLEMENTATION OF MIHMS**
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 and III Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2010-249
CONCISE SUMMARY: The Department is adopting these changes to Ch. II:
Care coordination and skills training services are covered under this Section. These services must be approved by Centers for Medicare and Medicaid Services (CMS) before they become effective. The Home Care Coordination Agency (HCCA) has been deleted, and replaced with Service Coordination Agencies (SCA), which will coordinate services. However, the SCA providing care coordination services to a member may not be a provider of direct care services. A limits provision limits the number of allowable hours for Skills Training Services and Care Coordination/Supports Brokerage Training Services. These rules also extend the ability to suspend services from 30 days to 60 days without a Member losing eligibility under this Section. Personal Support Specialist (PSS) training requirements are modified to allow job shadowing and on-the-job training to count toward the required number of training hours for PSSs.
The Department also adopts the following changes to Ch. III:
HIPAA-compliant service codes are included in Ch. III. The final rule clarifies billing by including the addition of two codes: T1019, Personal Support Services (PSS), and S5125TF, PCA Supervisit. These codes are necessary in order for Personal Support Agencies to bill for these services. In addition, the Department removed the 0589 revenue code from the S5125 HCPCs code as originally proposed. The revenue code is not required in order to bill for these particular PSS services.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: With MIHMS implementation
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 .
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. 36.01(D)(2), Herring, Catch quota and effort restrictions
ADOPTED RULE NUMBER: 2010-250 (Emergency)
CONCISE SUMMARY: These emergency regulations will close loopholes that allow harvest vessels to circumvent the intent of the Atlantic States Marine Fisheries Commission (ASMFC) days out conservation measures and deliberately circumvent the obligatory federal, ASMFC and state reporting requirements. 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 listed.
EFFECTIVE DATE: June 21, 2010
AGENCY CONTACT PERSON: Col. Joe Fessenden (207-624-6550)
AGENCY NAME & ADDRESS: Dept of Marine Resources, attn L Churchill, PO Box 8, West Boothbay Hbr, ME 04575. TEL: (207) 633-9584; TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov



AGENCY AND CHAPTER NUMBER: 02 - Department of Professional and Financial Regulation:
02-029, Bureau of Financial Institutions, Ch. 144; and
02-030, Bureau of Consumer Credit Protection, Ch. 550
TITLE: Mortgage Lending: Guidelines for Determining Reasonable, Tangible Net Benefit
ADOPTED RULE NUMBERS: 2010-251 and 252
CONCISE SUMMARY: The Bureau of Consumer Credit Protection and the Bureau of Financial Institutions adopted this Ch. in 2007 to delineate the concepts of “reasonable, tangible net benefit” and “ability to pay” set forth in the “Act to Protect Maine Homeowners from Predatory Lending,” Ch. 273 of the Public Laws of 2007.
In January 2008, the Maine Legislature passed “An Act Relating to Mortgage Lending and Credit Availability,” which included an amendment to the 2007 enactment limiting applicability of the “ability to pay” provision to instances when a subprime mortgage loan is made. In June 2009, the Maine Legislature passed “An Act to Conform State Mortgage Laws with Federal Laws,” which repealed the term “subprime mortgage loan” and replaced it with a new term contained in federal law, “higher-priced mortgage loan.” The June 2009 enactment also replaced the “ability to pay” provision in Maine law with a new “ability to repay” provision modeled after federal law.
EFFECTIVE DATE: June 26, 2010
AGENCY CONTACT PERSON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, AGENCY NAME: Department of Professional and Financial Institutions, Bureau of Financial Institutions and Bureau of Consumer Credit Protection, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
URLs:
http://www.maine.gov/pfr/financialinstitutions/
http://www.maine.gov/pfr/consumercredit/index.shtml



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-10
ADOPTED RULE NUMBER: 2010-253
CONCISE SUMMARY: Minimum July 2010 Class I price is $18.91/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.45/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: July 4, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 10-146 - Department of Health and Human Services, Maine CDC, Office of Data, Research and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 7, Vital Records Fees
ADOPTED RULE NUMBER: 2009-254
CONCISE SUMMARY: This rule will continue in place the reduction of fees for copies of vital records which was put in place as an emergency rule effective April 1, 2010. This reduction complies with the requirements in PL 2009, Ch. 571, Part EEE, to reduce the fees for issuance of copies of vital records to the September 2009 levels, to be effective retroactive to April 1, 2010 as required by PL 2009, Ch. 652, Part F. In addition this rule allows the Vital Records Unit to charge for annual appointments of subregistrars. This rule change is not expected to have a negative impact on the administrative burdens of small business.
EFFECTIVE DATE: April 1, 2010 for all Fee Changes in II. except V. July 12, 2010 for Fee Addition in II. V.
AGENCY CONTACT PERSON: Elana Jellison, Office of Data, Research and Vital Statistics, Maine CDC, 244 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1911. E-mail: Elana.Jellison@Maine.gov
URL: http://www.maine.gov/dhhs/boh/phs/odrvs/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 02-313 - Maine Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions
ADOPTED RULE NUMBER: 2010-255
CONCISE SUMMARY: The proposed rule change will add definitions for new words that will appear within the various chapters of the rules as a result of statutory changes, and delete words no longer referred to within the various chapters of the rules.
NOTE: the proposed amendment to Ch. 2, Rules Relating to Dental Hygienists, was not adopted.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating To Dental Assistants
ADOPTED RULE NUMBER: 2010-256
CONCISE SUMMARY: The proposed rule change will allow dental assistants to place temporary crowns with temporary cement under the direct supervision of a dentist.
CHAPTER NUMBER AND TITLE: Ch. 4, Rules Relating to the Practice of Denturism
ADOPTED RULE NUMBER: 2010-257
CONCISE SUMMARY: This proposed rule change will revise the scope of practice for licensed denturists in accordance with statutory changes, including the contents and criteria for a written statement of oral condition.
CHAPTER NUMBER AND TITLE: Ch. 5, Requirements For Licensure As A Denturist
ADOPTED RULE NUMBER: 2010-258
CONCISE SUMMARY: This proposed rule change will establish the criteria for an upgrade curriculum for licensed denturists who do not have a diploma from a Board-approved post-secondary denturism school, which must be completed prior to producing/fabricating a removable tooth borne partial denture. In addition, it will allow for the Board and/or Subcommittee to perform licensure interviews by means other than in person.
CHAPTER NUMBER AND TITLE: Ch. 9, Complaints / Investigations / Unprofessional Conduct
ADOPTED RULE NUMBER: 2010-259
CONCISE SUMMARY: This proposed rule change will add the following to “unprofessional conduct:” disruptive behavior; the administration of dermal fillers by a licensed dentists, for dentally related purposes only; failure to obtain a valid, signed certificate of oral condition prior to completing clinical procedures regarding partial dentures; and failure to follow identified practice closure procedures.
CHAPTER NUMBER AND TITLE: Ch. 11, Requirements for Licensure as Dental Hygienists
ADOPTED RULE NUMBER: 2010-260
CONCISE SUMMARY: This proposed rule change will eliminate the need for dental hygiene applicants by examination and/or endorsement to successfully complete the NERB CSCE, and allow the Board and/or Subcommittee to perform licensure interviews by means other than in person.
CHAPTER NUMBER AND TITLE: Ch. 12, Requirements for Dental Licensure
ADOPTED RULE NUMBER: 2010-261
CONCISE SUMMARY: This proposed rule will eliminate the need for dental applicants by examination and/or endorsement to successfully complete the NERB DSCE, and allow the Board to perform licensure interviews by means other than in person.
CHAPTER NUMBER AND TITLE: Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
ADOPTED RULE NUMBER: 2010-262
CONCISE SUMMARY: The proposed rule will exempt licensed hospitals or CODA accredited clinical settings from on site facility and equipment inspections, and allow a permittee to administer moderate sedation to no more than three patients within a Board-approved educational setting for purposes of acting as an instructor.
EFFECTIVE DATE: June 27, 2010
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/