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Home > Weekly Notices > September 1, 2010

September 1, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #10-10
PROPOSED RULE NUMBER: 2010-P208
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 §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: September 17, 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: September 17, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .



AGENCY: 02 - Department of Professional and Financial Regulation
CHAPTER NUMBER AND TITLE:
029: Bureau of Financial Institutions, Ch. 138; a joint rule with
030: Bureau of Consumer Credit Protection, Ch. 240
TITLE: Truth-in-Lending, Regulation Z-2
PROPOSED RULE NUMBER: 2010-P209 and P210
CONTACT PERSON FOR THIS FILING: Christian D. Van Dyck, Attorney, Maine Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. TELEPHONE: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A.
PUBLIC HEARING: None proposed, unless requested by 5 or more interested parties.
COMMENT DEADLINE: October 4, 2010
BRIEF SUMMARY: This proposed amended rule, like previous versions, adopts the Federal Truth-in-Lending regulations by reference, so as to implement Article VIII of the Maine Consumer Credit Code. The proposed amended rule will incorporate by reference the final “phase 3” provisions of Federal Truth-in-Lending regulations relating to reasonable and proportional late fees and re-evaluation of rate increases for credit cards. Copies of the rule may be obtained from Christian D. Van Dyck. A more detailed summary may be found on the Bureau of Financial institution’s website: www.maine.gov/financialinstitutions.
DETAILED BASIS STATEMENT / SUMMARY: This Rule amends a joint rule issued by Bureau of Financial Institutions’ Ch. 138, Regulation 38 and the Bureau of Consumer Credit Protection’s Ch. 240, Regulation Z2, effective August 1, 2010, which in turn supplanted versions effective July 28, 2002, July 7, 1998, May 28, 1997, May 4, 1992, December 18, 1989, May 22, 1986 and September 7, 1981. The purpose of this Rule is to update various sections of the rule and provide guidance to creditors who are subject to Maine's Truth-in-Lending Law (Article VIII of the Maine Consumer Credit Code), and to maintain the State's delegation of authority from the Federal Reserve Board, which was granted pursuant to §123 of Title I of the Federal Truth-in-Lending Act, 15 U.S.C. § 1633. In order to protect Maine's exemption, this State's regulations interpreting truth-in-lending laws must be substantially similar to those imposed under the Federal Truth-in-Lending Act and there is adequate provision for enforcement.
Regulation Z-2 was last amended by the Bureaus in May 2010 (with an effective date of August 1, 2010). The Bureaus have accordingly considered the amendments that have been made to federal Regulation Z since this time, known as the “phase 3” amendments to federal Regulation Z following passage of the Credit Card Accountability Responsibility and Disclosure Act of 2009. These “phase 3” amendments generally provide that credit card penalty fees must be reasonable and proportional and that rate increases must be re-evaluated.
When the rule was last re-promulgated in May 2010, the Bureaus provided guidance relating to high-rate, high-fee mortgage loans, higher priced mortgage loans and residential mortgage loans, as set forth in § 226.32 and §§ 226.34 to 226.36 of federal Regulation Z. This guidance is still relevant and has thus been retained in this re-promulgation. The Bureaus determined that, because the federal Regulation Z amendments relating to these types of loans were incorporated into the Code pursuant to Public Law 2009, Ch. 362, “An Act to Conform State Mortgage Laws with Federal Laws,” the legislative intent behind Public Law 2009, Ch. 362 was to create a “stand alone” body of state law relating to the regulation of these types of loans. Readers were thus directed to seek guidance directly from the provisions of the Code (and, to the extent applicable, Bureau of Consumer Credit Protection’s Ch. 550/Bureau of Financial Institutions’ Ch. 144 and the Bureaus’ advisory rulings) on questions relating to these types of loans. Thus, §226.32 of federal Regulation Z is supplanted by §§ 8-206-A and 8-206-H of the Code; §226.34 of federal Regulation Z is supplanted by §§ 8-206-A, 8-206-H and 8-206-I of the Code; §226.35 of federal Regulation Z is supplanted by §8-206-I of the Code; and §226.36 is supplanted by §8-206-J of the Code. To the extent that these provisions of federal and state law are identical or substantially similar, the Bureaus further determined that they would follow the Official Staff Commentary relating to these provisions.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
The Small Business Impact Statement may be found at: www.maine.gov/financialinstitutions.
STATUTORY AUTHORITY FOR THIS RULE: 9-A MRSA §§ 1-102, 6-104 and 8-104.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A.
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Christian.D.VanDyck@Maine.gov
WEBSITE (Bureau of Financial Institutions): http://www.maine.gov/pfr/financialinstitutions/
WEBSITE (Bureau of Consumer Credit Protection): http://www.maine.gov/pfr/consumercredit/index.shtml



AGENCY: 04-061 - Maine Land Use Regulation Commission
PROPOSED RULE NUMBER: 2010-P211
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendment of Appendix F, Expedited Wind Energy Development Area Designation
CONTACT PERSON FOR THIS FILING: Samantha Horn Olsen, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING: September 22, 2010, at the Lee Academy, 26 Winn Rd, Lee Maine, starting at 1:00 p.m.
COMMENT DEADLINE: Following the close of the hearing, there will be an additional 10 day period for written comments to be submitted ending on October 4, 2010, followed by a 7 day rebuttal period ending on October 12, 2010, at which time the record for the rulemaking will close.
BRIEF SUMMARY: Champlain Wind, LLC (Champlain) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township, Washington County. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
A public hearing will be held, and the public is invited to testify at the hearing about this rulemaking matter. An application for a wind energy development has not yet been filed, and is not the subject of this hearing. Testimony about any such potential future application is not relevant to this proceeding. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record.
Written comments addressing the petition, including data, views or arguments, may be submitted by US Postal Service Mail to “LURC, 22 State House Station, Augusta, ME 04333-0022” or by email to lurc@maine.gov (include in subject line “Champlain rulemaking”) for consideration by the Commission.
Additional information, including a longer, more detailed notice of the rulemaking, the text of the proposed rule, and information about the criteria the Commission must use in making its decision may be obtained by contacting Samantha Horn Olsen or by visiting the Commission’s web site at: http://www.maine.gov/doc/lurc/projects/Windpower/Champlain/Champlain.html
DETAILED SUMMARY FOR CHAMPLAIN PETITION RULE: The 123rd legislature enacted, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2007, Ch. 661 as emergency legislation that became effective April 18, 2008. The Act established the expedited permitting area for wind energy development in the jurisdiction of the Land Use Regulation Commission, and subsequently the Commission adopted through rule-making the description and map of the expedited permitting area. The description and map of the expedited permitting area were placed into the Commission’s rules as Appendix F to Ch. 10 Land Use Districts and Standards. 12 M.R.S. §685-A(13) provides for expansion of the expedited permitting area by the Commission in accordance with 35-A M.R.S. §3453, which states:
“The Maine Land Use Regulation Commission may, by rule adopted in accordance with Title 5, chapter 375, add a specified place in the State’s unorganized or de-organized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Regulation Commission must determine that the proposed addition to the expedited permitting area:
1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area;
2. Meets state goals. Is important to meeting the state goals for wind energy development established in § 3404; and
3. Principal values and goals. Would not compromise the principal values and the goals identified in the comprehensive land use plan adopted by the Maine Land Use Regulation Commission pursuant to Title 12, §685-C.
Rules adopted by the Maine Land Use Regulation Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.”
Champlain Wind, LLC (Champlain) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township, Washington County. By adding this location to the expedited permitting area, any future wind energy development proposed for this location would be subject to the provisions of PL 2007, chapter 661. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
PUBLIC HEARING: A public hearing will be held, and the public is invited to testify at the hearing about this rulemaking matter. An application for a wind energy development has not yet been filed, and is not the subject of this hearing. Testimony about any such potential future application is not relevant to this proceeding. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record. The hearing will be held on September 22, 2010 at Lee Academy, 26 Winn Rd, Lee, Maine, starting at 1:00 p.m.. The testimony accepted at the hearing will focus on the petition by Champlain to add specified lands in Kossuth Twp., Washington County, and the applicable statutory criteria set forth at 35-A M.R.S. §3453. Additional information on Champlain’s proposal, including the petition submitted by Champlain, may be found on the Commission’s website at: http://www.maine.gov/doc/lurc/projects/Windpower/Champlain/Champlain.html
The hearing will be conducted as follows, however the time of the break may be adjusted as is warranted by circumstances that day:
1:00: Opening Statement by Commission Chair and staff
Brief summary of proposed expedited area expansion by Champlain
Questions by the Commission
Public testimony
5:00: Break
6:00: Statement by Commission Chair and staff
Brief summary of proposed expedited area expansion by Champlain
Questions by the Commission
Public testimony
Rebuttal statements by Champlain
Closing Statement by Commission Chair
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 684; 685-A(7-A), (13); 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LURC WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
DEPARTMENTAL RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 316, Long-Term Contracting and Resource Adequacy
PROPOSED RULE NUMBER: 2010-P212
CONTACT PERSON FOR THIS FILING: Mitch Tannenbaum
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: September 23, 2010, 1:30 p.m. in the Worster Hearing Room at the Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until October 4, 2010. However, the Commission requests that comments be filed by September 20, 2010 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. 2010-260 and be sent to the Administrative Director, Public Utilities Commission, mail address – 18 State House Station, Augusta, Maine 04333-0018; delivery address – 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: The purpose of this proceeding is to update the rules based on legislation enacted subsequent to the promulgation of the Ch. and on our experiencing in implementing the long-term contracting legislation.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 3210-C, 3210-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Paula.Cyr@Maine.gov
WEBSITE: http://www.maine.gov/mpuc/



AGENCY: 95-644 - Board of Corrections
CHAPTER NUMBER AND TITLE: Ch. 2, Change of Use, Downsizing, or Closure of Correctional Facilities
PROPOSED RULE NUMBER: 2010-P213
CONTACT PERSON FOR THIS FILING: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333. Telephone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Esther.Riley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: October 1, 2010
BRIEF SUMMARY: The purpose of this rule is to establish the process and criteria used by the Board of Corrections to: determine the mission, use and purpose of state and county correctional facilities; determine if a state or county correctional facility should be assigned a new service responsibility; or determine if a state or county correctional facility should be downsized or closed.
Due to an oversight, the Board of Corrections’ proposal to establish the process and criteria used by the Board of Corrections, originally published in newspapers on May 6, 2009, for which a public hearing was held on May 26, 2009, public comments were accepted through June 5, 2009, and for which the Legislature issued Emergency Resolve 165 and the Governor gave approval on March 22, 2010, was not finally adopted by the Board. The Board is proposing to again provisionally adopt this rule. No revisions have been made to the proposal approved by the Legislature and Governor.
IMPACT ON MUNICIPALITIES OR COUNTIES: May result in change to mission, use, purpose or service responsibilities of county correctional facilities or downsizing or closing of county correctional facilities, resulting in savings for the counties.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2008, Ch. 653; 34-A MRSA §1803 sub-§2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Esther.Riley@Maine.gov
WEBSITE: http://www.maine.gov/corrections/


ADOPTIONS



Note: the rule-making ad for August 25, 2010 has two errors among the adoption notices for 10-144, Department of Health and Human Services, Office of MaineCare Services, Ch. 101, MaineCare Benefits Manual. The chapter number and title for 2010-355 should read Ch. II Section 60, Medical Supplies and Durable Medical Equipment. For 2010-358 it should read Ch. II Section 101, Medical Imaging Services.



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-10
ADOPTED RULE NUMBER: 2010-371
CONCISE SUMMARY: Minimum August 2010 Class I price is $18.75/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 $24.29/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: August 29, 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
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2010-372
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2010 Migratory Bird Hunting Season.
These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 31, 2010
AGENCY CONTACT PERSON: Andrea 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
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.08, Falconry
ADOPTED RULE NUMBER: 2010-373
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an amendment to falconry regulations to allow the limited take (live capture), by permit, of passage northern peregrine falcons for use in falconry, upon approval by the U.S. Fish and Wildlife Service. This rule will establish a process by which the Department would issue the limited number of permits, to Maine resident license holders, for this activity. The Department received tentative notification that Maine would be awarded 2 of the 36 permits being issued to states.
A copy of the new regulations may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: August 30, 2010
AGENCY CONTACT PERSON: Andrea 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
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.09, Transportation of Certain Wildlife and Fish into Maine from Outside of the State
ADOPTED RULE NUMBER: 2010-374
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an amendment to the rules that restrict the transportation of cervid carcasses and parts into Maine. This rule exempts hunters from New Brunswick, Labrador, Newfoundland, Quebec and New Hampshire from the restrictions. Lawfully taken cervids (moose, deer, elk, etc.) from these jurisdictions will be allowed into the State of Maine. A copy of the rule may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA §10104
EFFECTIVE DATE: August 31, 2010
AGENCY CONTACT PERSON: Andrea 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
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Adults with Cognitive and Physical Disability Services
CHAPTER NUMBER AND TITLE: Ch. 5 Section 3, Regulation Governing the Use and Review of Safety Devices
ADOPTED RULE NUMBER: 2010-375
CONCISE SUMMARY: This regulation establishes a hierarchy of review for safety devices and to distinguish safety devices from mechanical devices. It also sets out expectations pertaining to the frequency of review for safety devices and describes the procedure for requesting permission for the use of safety devices.
EFFECTIVE DATE: August 28, 2010
AGENCY CONTACT PERSON: Richard Estabrook, DHHS, Office of Advocacy, State House Station #11, 3rd Floor Marquardt, Augusta, ME 04333. Telephone: (207) 287-4228. E-mail: Richard.Estabrook@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/OACPDS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 406, Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
ADOPTED RULE NUMBER: 2010-376
CONCISE SUMMARY: The Retirement System’s rules of practice for the purchase of creditable service are repealed and replaced. The replacement rule permits purchase of all of the same types of service credit contained in the current rule as well as new categories now included in law. The rule makes the following changes to the purchase of service credit: 1) increases the required minimum payment; 2) limits frequency of changes to purchase amounts and purchase periods; 3) permits partial payments at any time; and 4) limits the payback period.
EFFECTIVE DATE: August 30, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@mainepers.org
WEBSITE: www.mainepers.org



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 408, Military Service Credit
ADOPTED RULE NUMBER: 2010-377
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is repealed. Part of this rule has been included in another System rule and other parts are obsolete and do not reflect current laws.
EFFECTIVE DATE: August 30, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@mainepers.org
WEBSITE: www.mainepers.org



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 68, Occupational Therapy Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-378
CONCISE SUMMARY: These changes seek to achieve a number of goals to facilitate the delivery of occupational therapy services in school settings, specifically:
* allow services to be ordered by a practitioner of the healing arts,
* remove the maximum limit of two (2) visits per year for sensory integration for members under age twenty-one (21),
* establish schools as an eligible provider, and
* remove the requirement that a physician or primary care provider sign a member’s plan of care every three (3) months for members under age twenty-one (21).
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 85, Physical Therapy Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-379
CONCISE SUMMARY: This adopted rule achieves a number of goals to facilitate the delivery of physical therapy services in school settings, specifically:
* allow services to be ordered by a practitioner of the healing arts,
* remove the maximum limit of two (2) visits per year for sensory integration for members under age twenty-one (21),
* establish schools as an eligible provider, and
* remove the requirement that a physician or primary care provider sign a member’s plan of care every three (3) months for members under age twenty-one (21).
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 85, Physical Therapy Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-380
CONCISE SUMMARY: This adopted rule corrects unit coding errors, specifically:
* Code 97001, Physical Therapy Evaluation, was tied to a 15 minute unit, but should instead be billed per evaluation,
* Code 97002, Physical Therapy Re-evaluation, was tied to a 15 minute unit, but should instead be billed per re-evaluation.
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 109, Speech and Hearing Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-381
CONCISE SUMMARY: This adopted rule achieves a number of goals to facilitate the delivery of Speech and Hearing services in school settings, specifically:
1. allow services to be ordered by a practitioner of the healing arts,
2. establish schools as an approved setting for the delivery of services,
3. authorize speech and language clinicians holding a Certificate 293 to deliver services, and
4. other minor, technical corrections.
This rulemaking has no adverse impact on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for copies of all these rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: 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 & III Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2010-382 (EMERGENCY)
CONCISE SUMMARY: The following emergency rule is for MaineCare Benefits Manual, Ch. II and III Section 31, Federally Qualified Health Clinics. This emergency rule is necessary to correct billing instructions and Ch. III coding requirements to ensure FQHC providers can bill for covered services for MaineCare members upon implementation of MIHMS. Failure to adopt these changes may result in providers being unable to bill and receive reimbursement for services rendered. This may result in members not receiving access to necessary care, thus causing a potential threat to health and safety. Furthermore, the Department is delaying the requirement for providers to report all encounter data on the UB 04 form until October 1, 2010. This will allow providers sufficient time to make necessary software and billing changes to meet the Department’s reporting requirements.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: 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 & III Section 103, Rural Health Clinic Services
ADOPTED RULE NUMBER: 2010-383 (EMERGENCY)
CONCISE SUMMARY: The following emergency rule is for MaineCare Benefits Manual, Ch. II and III Section 103, Rural Health Clinic Services. This emergency rule is necessary to correct billing instructions and Ch. III coding requirements to ensure RHC providers can bill for covered services for MaineCare members upon implementation of MIHMS. Failure to adopt these changes may result in providers being unable to bill and receive reimbursement for services rendered. This may result in members not receiving access to necessary care, thus causing a potential threat to health and safety. Furthermore, the Department is delaying the requirement for providers to report all encounter data on the UB 04 form until October 1, 2010. This will allow providers sufficient time to make necessary software and billing changes to meet the Department’s reporting requirements.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: 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 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2010-384
CONCISE SUMMARY: The Department adopted changes to Ch. II and III, Section 13, Targeted Case Management Services. The changes eliminate the target group “Members with Long Term Care Needs” from the eligibility portion of the rule, as those members can receive comparable Case Management Services under several Home and Community Based Waivers. The Department also converted some billing units to weekly billing for the following target groups: “Children Involved with Protective Services (State Agencies),” and “Adults Involved with Protective Services.” The Department combined “Targeted Case Management Services For Adults with Developmental Disabilities (Provided by State Employees)” and “Targeted Case Management Services For Adults With Developmental Disabilities,” and the service will be billed in a weekly service unit as “Targeted Case Management Services For Adults with Developmental Disabilities.” The Department also changed the unit of service for billing Targeted Case Management Services for Adults with HIV to 15 minutes increments.
The Department withdrew one proposed change in Section 13 that would have eliminated Section 13 TCM services for members who receive care coordination under the HIV waiver. Upon further analysis and receipt of compelling comments, the Department determined that the care coordination under the HIV waiver is not comparable to TCM provided under Section 13, and will continue to make this crucial services available to eligible members under Section 13. All of these changes are implemented with the Department’s new claims system.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Director, Division of Policy, 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/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: 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. III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2010-385
CONCISE SUMMARY: In Ch. III of the adopted rules, the Department is adopting the elimination of local codes and replacing them with HIPAA-compliant service codes. The amendment consolidates the billing codes for services to the two different populations served by the waiver program, Adults with Disabilities and the Elderly. In some instances, new rates and billing increments for services are adopted. The codes for services that need CMS approval (e.g., Care Coordination Services), will not become effective until CMS approves the underlying services. This rulemaking is not anticipated to have a negative impact on counties, municipalities or small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 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). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: 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 40, Home Health Services
ADOPTED RULE NUMBER: 2010-386 (EMERGENCY major substantive)
CONCISE SUMMARY: This is emergency rulemaking. These are changes to major substantive rules and they will not be permanently adopted until they have been approved by the Legislature.
The Department is adopting through emergency rule-making, amendments to MaineCare Benefits Manual, Section 40, Ch. II and III, Home Health Services. In order to meet Center for Medicare and Medicaid Services requirements for HIPAA-compliant codes, the Department is adopting the Maine Integrated Health Management System (MIHMS) which is expected to become operational in the near future. Ch. II of the emergency rule-making directs providers to the new website addresses for CMS definitions related to billing and for the new billing instructions and billing codes for services and non routine medical supplies that will be utilized by MIHMS. The amendment adds a new definition for “non routine medical supplies”, directs providers how to access the list of non routine medical supplies which can be reimbursed under Section 40 and creates a process for adding to this list. It redefines the unit of service, making it consistent with the services associated with the new HIPAA compliant codes. Ch. III of this emergency rule provides the new HIPAA-compliant codes and the associated units of service that must be used by Home Health Services providers to bill for services when MIHMS is implemented.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Margaret Brown, Division of Policy, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2010-387 (EMERGENCY)
CONCISE SUMMARY: The emergency rule amendment establishes a revised filing schedule for the reporting of independent expenditures that are made for the general election in November 2010.
EFFECTIVE DATE: August 27, 2010
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .
WEBSITE: http://www.maine.gov/ethics/