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Home > Weekly Notices > July 6, 2011

July 6, 2011

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: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off-Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Snowmobile Program
PROPOSED RULE NUMBER: 2011-P64
BRIEF SUMMARY: To identify the process and define the terms and conditions for making grants-in-aid to political subdivisions for the construction and/or maintenance of snowmobile trails.
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA §7824 Paragraph 4B (Supp. 1983)
CHAPTER NUMBER AND TITLE: Ch. 9, Rules for Snowmobile Capital Equipment Grant in Aid Program
PROPOSED RULE NUMBER: 2011-P65
BRIEF SUMMARY: To identify the process and define the terms and conditions for qualified snowmobile clubs and political subdivisions to use to apply for and receive a grant for purchased snowmobile trail grooming equipment.
DETAILED BASIS STATEMENT / SUMMARY: Title 12 MRSA Ch. 937 §13104-4 authorizes the Bureau’s Off-Road Vehicle Division to award grants to qualified snowmobile clubs or political subdivisions that have purchased grooming equipment to maintain snowmobile trails. The purpose of this rule is to establish the Bureau’s Snowmobile Capital Equipment Grant in Aid Program and its associated Capital Equipment Fund, identify the process for qualified snowmobile clubs or political subdivisions to use to apply for Capital Equipment Grants, and to define the terms and conditions of the Grants.
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA Ch. §13104-4
PUBLIC HEARINGS:
* Caribou Parks and Recreation, 55 Bennett Drive, Caribou, ME - Wednesday, July°27, 2011 beginning at 6:30 p.m.
* Viles Arboretum, 153 Hospital Street (Route 9), Augusta, ME -
Wednesday, August 3, 2011 beginning at 6:30 p.m.
COMMENT DEADLINE: August 15, 2011
CONTACT PERSONS FOR THESE FILINGS: Skip Varney, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333: telephone: (207) 287-5574; e-mail: Walter.E.Varney@maine.gov . Scott Ramsay: telephone: (207) 287-4956; e-mail: Scott.Ramsay@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): N/A
IMPACT ON MUNICIPALITIES OR COUNTIES (if any) N/A
WEBSITE: http://www.maine.gov/doc/parks/
CONSERVATION RULE-MAKING LIAISON: Gale.Ross@Maine.gov .



AGENCY: 02-373 - Department of Professional and Financial Regulation (P&FR), Board of Licensure in Medicine
CHAPTER NUMBER AND TITLE: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Medical Delegation
PROPOSED RULE NUMBER: 2011-P66 (Repeal)
CONTACT PERSON FOR THIS FILING: Jean M. Greenwood, Board of Licensure in Medicine, 137 State House Station (161 Capitol Street), Augusta, ME 04333. Telephone: (207) 287-3603. Fax: (207) 287-6590. E-mail: Jean.M.Greenwood@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: July 29, 2011
BRIEF SUMMARY: Ch. 3, Physician Supervision of Advanced Practice Registered Nurse under Delegation, is being repealed and not replaced because the statutory basis for Ch. 3, 32 MRSA §2205-B(3) entitled "Delegated performance of services," was repealed in 2009 (PL 2009, c. 512, Section 1).
IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §3269(7), §2205-B(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.docboard.org/me/me_home.htm



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section°29, Community Support Benefits for Members with Mental Retardation and Autistic Disorders
PROPOSED RULE NUMBER: 2011-P67
CONCISE SUMMARY: The Department is proposing this rule to permanently adopt an emergency rule that was adopted effective July 1, 2011.
Section 29 services are governed by a Centers for Medicare and Medicaid (CMS) Medicaid waiver. CMS approved amendments to the waiver, and renewed the waiver with an effective date of January 1, 2011. The Department was unable to adopt Section 29 rules with the required amendments on January 1, 2011; hence the emergency rules were adopted effective July 1, 2011. The Department is seeking approval from CMS to change the effective date of the approved waiver from January°1, 2011 to July 1, 2011.
The following changes are proposed in order to comply with the CMS approval of the waiver amendment and extension: Annual hourly limits for Community Support services are reduced from 1,300 to 1,125 hours. Annual hourly limits for Work Support services are increased from 300 to 600 hours. The combined annual hourly limit for when members use both Community Support and Work Support services is reduced to 1,125 from 1,300 hours. The Department is adding Appendix III to Chapter II, which is composed of charts, to show how hours for the two services can be combined. The Department is changing the name of both Chapters II and III of this Section, to Support Services for Adults with Intellectual Disabilities or Autistic Disorders, to match the name of the waiver, as approved by CMS. (Substituting the terms “intellectual disability” for “mental retardation” also comports with P.L. 2009, ch. 571). Eligibility for Section 29 services will include the diagnoses of Asperger’s Syndrome, Pervasive Developmental Disorder (not otherwise specified), Autistic Disorder, Rett’s Disorder and Childhood Disintegrative Disorder. The Department corrected a typographical error in Chapter II: Limits on Respite Services was added to indicate that the Respite per diem rate is $90.00. The reduction from $100.00 to $90.00 was made in 2010 for Chapter III and the Department did not make the corresponding change to Chapter II. Lastly, in Chapter III, procedure codes that are obsolete have been deleted.
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: July 26, 2011, 1:00 p.m., Conference Room # 1A & B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before July 17, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Friday, August 5, 2011.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or 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), MaineCDC
RULE TITLE OR SUBJECT: Ch. 265, Maine Drug Testing Laboratory Rules
PROPOSED RULE NUMBER: 2011-P68
CONCISE SUMMARY: The Department of Health and Human Services has proposed changes to the rules for programs and laboratories testing employees and applicants for substances of abuse. The rules are intended to assure that employees and applicants receive reliable and accurate testing, and that privacy rights are protected.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §§ 681-690, and 22 MRSA §565 (formally 22 MRSA §562); PL 1990, chapter 832
PUBLIC HEARING: July 26, 2011, 10 a.m. – Resource Room located in the Health and Environmental Testing Laboratory, 221 State Street, Augusta, Maine.
DEADLINE FOR COMMENTS: August 2, 2011
AGENCY CONTACT PERSON: Christopher P. Montagna, Health & Environmental Testing Laboratory, 221 State Street, Station #12, Augusta, Maine 04333. Telephone: (207) 287-2727. TTY: (207) 287-4479. E-mail: Chris.Montagna@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/boh/index.shtml .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 107, Sulfur Dioxide Emission Standards for Sulfite Pulp Mills
PROPOSED RULE NUMBER: 2011-P69 (Repeal)
CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station. Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Carolyn.Wheeler@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing, 30-day written comment period
COMMENT DEADLINE: August 5, 2011, 5:00 p.m.
BRIEF SUMMARY: This rule establishes a limitation on the amount of Sulfur Dioxide allowed to be emitted from process sources for sulfite pulp mills based on the sulfite pulp production of the mill. The Department proposes to repeal this rule because the only facility that was covered under this rule is no longer operating and this process will not be used in the future. This rule is included in Maine’s State Implementation Plan and U.S.E.P.A. has concluded that repeal of the rule is acceptable provided that Maine's only sulfite mill located in Millinocket, remains shut down.
A copy of this rule is available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person listed above before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP AGENCY RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 122, Chlorine and Chlorine Dioxide Emission Standard
PROPOSED RULE NUMBER: 2011-P70 (Repeal)
CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station. Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Carolyn.Wheeler@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing, 30-day written comment period
COMMENT DEADLINE: August 5, 2011 - 5:00 p.m.
BRIEF SUMMARY: This regulation establishes an emission limit for bleach plants of pulp and paper mills. The Department proposes to repeal this rule because 40 CFR Part 63 Subpart S (63.445), which includes the Maximum Available Control Technology (MACT) Requirements for air toxics, is applicable now and is more comprehensive than Ch. 122.
A copy of this rule is available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person listed above before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-B, 343-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP AGENCY RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 135, Hexavalent Chromium Particulate Emission Standard
PROPOSED RULE NUMBER: 2011-P71 (Repeal)
CONTACT PERSON FOR THIS FILING: Jeff Crawford, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing, 30-day written comment period
COMMENT DEADLINE: August 5, 2011 - 5:00 p.m.
BRIEF SUMMARY: The Department is proposing to repeal this rule which establishes a limitation on the amount of hexavalent chromium allowed to be emitted from any potential source of hexavalent chromium and a limitation of the amount of total chromium until a technique for measuring hexavalent chromium can be demonstrated. Repeal at this time is appropriate because the Maine Center for Disease Control guideline has been updated since the adoption of this standard and the guideline is more protective and reflects more recent scientific/health information. The standard which was included in 38 MRSA §584-A was repealed this year (Public Law Ch. 206). Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person listed above before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585, 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 155, Portable Fuel Container Spillage Control
PROPOSED RULE NUMBER: 2011-P72 (Repeal)
CONTACT PERSON FOR THIS FILING: Jeff Crawford, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing, 30-day written comment period
COMMENT DEADLINE: August 5, 2011 - 5:00 p.m.
BRIEF SUMMARY: In 2007, the U.S. EPA promulgated its "Control of Hazardous Air Pollutants from Mobile Sources" rule (FR 71 8427-8570) that included a national program for reducing emissions from portable fuel containers. Beginning in 2009, all portable fuel containers sold nationwide were subject to minimum VOC and hazardous air pollutant control requirements. Since these new federal requirements are more stringent than the Department's 2004 rule, we are proposing to repeal of Ch. 155. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person listed above before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 374, Traffic Movement Standard of the Site Location Law
PROPOSED RULE NUMBER: 2011-P73 (Repeal)
CONTACT PERSON FOR THIS FILING: Mike Mullen, DEP-BLWQ, 17 State House Station, Augusta ME 04333. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov .
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
COMMENT DEADLINE: August 5, 2011. Comments may be submitted by mail, e-mail or fax. To ensure your comments are considered, please include your name and the organization you represent, if any.
BRIEF SUMMARY: Ch. 374 as adopted in 1979 and last amended in 1997 was intended to establish standards for the traffic movement standard of the Site Location of Development Law. The Department proposes to repeal Chapter 374 in its entirety because the traffic movement standard of the Site Law was repealed in 1999. Statutory authority for traffic permitting was transferred to the Maine Department of Transportation which has its own rules for the review of traffic applications.
IMPACT ON MUNICIPALITIES OR COUNTIES: Repeal of the rule has no implications for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 1999, ch. 468
WEBSITE: http://www.maine.gov/dep/blwq/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 650, Damage Claims – Oil Conveyance
PROPOSED RULE NUMBER: 2011-P74 (Repeal)
CONTACT PERSON FOR THIS FILING: John James, DEP-BRWM, 17 State House Station, Augusta ME 04333. Telephone: (207) 287-7866. Fax: (207) 287-7826. E-mail: John.James@Maine.gov .
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
COMMENT DEADLINE: August 5, 2011. Comments may be submitted by mail, e-mail or fax. To ensure your comments are considered, please include your name and the organization you represent, if any.
BRIEF SUMMARY: Ch. 650 as adopted in 1974 and amended in 1983 was intended to outline the procedure for processing damage claims filed under 38 MRSA §551, sub-§3 [providing for reimbursement of oil spill damages from the Maine Coastal and Inland Surface Oil Fund]. The department proposes to repeal the chapter in its entirety because it has become obsolete with the passage of time. The chapter has not been amended to reflect numerous revisions to the underlying statute since 1983 and does not reflect current department administrative practice.
IMPACT ON MUNICIPALITIES OR COUNTIES: Repeal of the rule has no implications for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §546(4)(H)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 38 MRSA §551(3)
WEBSITE: http://www.maine.gov/dep/rwm/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Policy #256P, Part 13: Home and Community-Based Waiver - Home and Community-Based Services Waiver for Children with Intellectual Disabilities and/or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2011-P75
CONCISE SUMMARY: A new MaineCare program will provide a cost-neutral alternative to institutional care for children aged five through twenty years old (up to age twenty-one) with Intellectual Disabilities and/or Pervasive Developmental Disorders. This rule sets forth some of the eligibility criteria for this waiver program. This rule permanently adopts MaineCare Eligibility Manual Emergency Rule #256E which added the eligibility rules for this waiver to Part 13 of the MaineCare Eligibility Manual.
This waiver was approved for a three-year period by the Centers for Medicare and Medicaid Services with an effective date of February 1, 2011. The Department was not able to get the waiver program operating before July 1, 2011 through emergency rulemaking. The Office of MaineCare Services will be requesting that CMS approve a new effective date for the first year starting July 1, 2011.
This rule will have no effect on the administrative burdens of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, and §3174
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: August 5, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-4076. TTY: (800)-606-0215 (Deaf/Hard of Hearing). E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
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. II & III Section 29, Support Benefits for Adults with Intellectual Disabilities or Autistic Disorders
ADOPTED RULE NUMBER: 2011-208 (Emergency)
CONCISE SUMMARY: Pursuant to 5 MRSA §8054, the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. The Department’s findings with regard to the existence of an emergency are as follows:
Section 29 services are governed by a Centers for Medicare and Medicaid (CMS) Medicaid waiver. CMS approved amendments to the waiver, and a waiver renewal with an effective date of January 1, 2011. The Department was unable to adopt Section 29 rules with the required amendments on January 1, 2011. The Department now needs to adopt these rules immediately on July 1, 2011, in order to comply with the CMS approved waiver, and the Department will also seek CMS approval to change the effective date of the approved waiver from January 1, 2011 to July 1, 2011.
The following changes are made in these emergency rules in order to comply with the CMS approval of the waiver amendment and extension: Annual hourly limits for Community Support services were reduced from 1,300 to 1,125 hours. Annual hourly limits for Work Support services increased from 300 to 600 hours. The combined annual hourly limit for when members use both Community Support and Work Support services was reduced to 1,125 from 1,300 hours. The Department added Appendix III to Ch. II, which is composed of charts to show how hours for the two services, can be combined. The Department changed the name of both Ch. II & III of this Section of the MaineCare Benefits Manual to Support Benefits for Adults with Intellectual Disabilities or Autistic Disorders, to match the name of the waiver, as approved by CMS. (Substituting the term “intellectual disability” for “mental retardation” also comports with P.L. 2009, ch. 571). Eligibility for Section 29 services now includes the diagnoses of Asperger’s Syndrome, Pervasive Developmental Disorder (not otherwise specified), Autistic Disorder, Rett's Disorder and Childhood Disintegrative Disorder, as approved by CMS in the waiver amendment. The Department corrected a typographical error in Chapter II. Limits on Respite Services were added to indicate that the Respite per diem rate is $90.00. The reduction from $100.00 to $90.00 was made in 2010 for Ch. III and the Department did not make the corresponding change in Ch. II. Lastly, in Ch. III, procedure codes that are obsolete have been deleted.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
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: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 34, Licensure of Retail Suppliers of Medical Oxygen
ADOPTED RULE NUMBER: 2011-209
CONCISE SUMMARY: This chapter requires retail suppliers of medical oxygen to apply for and obtain a new type of limited retail pharmacy license from the board.
EFFECTIVE DATE: July 5, 2011
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State house Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (MaineCDC), a joint rule with the Maine Vaccine Board
CHAPTER NUMBER AND TITLE: Ch. 248, List of Vaccines to be Provided by the Universal Immunization Program
ADOPTED RULE NUMBER: 2011-210
CONCISE SUMMARY: This rule is being issued jointly between the Department of Health and Human Services and the Maine Vaccine Board (authority granted by the 124th Maine Legislature), to implement the provisions of P.L. 2009, c. 595, An Act to Establish the Universal Childhood Immunization Program. The rule includes the list of vaccines to be provided by the Universal Childhood Immunization Program. This list of vaccines will provide the basis for Board calculation of assessments and finance acquisition. The following criteria was used in determining this list: 1.) vaccines recommended by the Advisory Committee on Immunization Practices of the United States Department of health and Human Services, Centers for Disease Control and Prevention; 2.) recommendations of the Department of Health and Human Services; and 3.) clinical and cost-benefit analyses. This rule will not impose any economic cost on municipalities or counties, and it will not have any adverse economic impact on small businesses.
EFFECTIVE DATE: July 15, 2011
AGENCY CONTACT PERSON: Peter Smith, Maine Center For Disease Control & Prevention, 286 Water Street - 8th Floor, Augusta, Maine 04333. Telephone: (207) 287-6448. E-mail: Peter.F.Smith@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/boh/index.shtml .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards: Section 16, Activities in Coastal Sand Dunes
ADOPTED RULE NUMBER: 2011-211 (Final adoption, major substantive)
CONCISE SUMMARY: Adopted amendments to Section 16 Activities in coastal sand dunes include allowing several new activities in coastal sand dunes, such as open and cobble-trapping fences, and other activities in existing developed areas. Also adopted are new submission requirements and standards to ensure projects are properly performed. In addition, definitions have been added, deleted or modified to align with the definitions in the Coastal Sand Dune Rules, 06-096 CMR 355, which was amended in 2006. New definitions of “cobble”, “cobble-trapping fence”, “open fence” and “posts” have also been adopted.
Additional information concerning this rulemaking is available at:
http://www.maine.gov/dep/blwq/rule.htm .
EFFECTIVE DATE: July 30, 2011
AGENCY CONTACT PERSON: Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-4728. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/blwq/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Emergency Policy #256E: Part 13, Home and Community-Based Waiver - Home and Community-Based Services Waiver for Children with Intellectual Disabilities and/or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2011-212 (Emergency)
CONCISE SUMMARY: The Centers for Medicare and Medicaid Services (CMS) approved a new Section 1915(c) Home and Community-Based Services Waiver for Children with Intellectual Disabilities and/or Pervasive Developmental Disorders for children aged 5 to 21 years old. This waiver allows eligible children who are residing in institutions (some out-of-state institutions), or who are eligible for institutional care, to receive medical services in a home or community based setting. The Waiver is approved for a three-year period effective February 1, 2011. The Department was not able to get the waiver program operating before July 1, 2011. The Office of MaineCare Services will be requesting that CMS approve a new effective date for the first year starting July 1, 2011.
This rule sets forth some of the eligibility criteria for this waiver program. This rule adds the eligibility rules for this waiver to Part 13 of the MaineCare Eligibility Manual. This rule is proposed concurrent to the Office of MaineCare Services’ rulemaking request for Section 32, Ch. II and III of the MaineCare Benefits Manual also through emergency rule effective July 1, 2011.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Audit
CHAPTER NUMBER AND TITLE: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies
ADOPTED RULE NUMBER: 2011-213 (Emergency – reverts to previous version)
CONCISE SUMMARY: The Department has determined that the immediate adoption of this rule is necessary. The Maine Legislature has directed the Department to repeal, effective July 1,2011, through emergency rulemaking, the Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) regulations that took effect January 1, 2011, and to replace those regulations with the MAAP regulations that were in effect on December 31, 2010. P.L. 2011, ch. 304, Sec. 1-1.
This rule change is not anticipated to have any adverse impact on small businesses or on municipalities or counties.
See http://www.maine.gov/dhhs/audit/social-services/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, Social Services – Audit, Manager, Division of Audit, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215. E-mail: Caroll.Thompson@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/audit/index.shtml .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .