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Home > Weekly Notices > July 20, 2011

July 20, 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: 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 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2011-P80
CONCISE SUMMARY: This proposed rule will remove any differing requirements for school based providers, and require them to meet all other requirements of comparable community based providers. In addition the Department clarifies that pursuant to 42 CFR 440.110, MaineCare occupational therapy services must be prescribed by a physician or other licensed practitioner of the healing arts within the scope of practice under Maine law and must be provided by or under the direction of a qualified licensed occupational therapist. Medical necessity for and the provision of these services to MaineCare members requires appropriate documentation. Each member’s written progress note must contain the start and stop time of the service. The Department is correcting that adult members are responsible for copayments up to $20 per month for Occupational Services. In Ch. III of this Section, billing modifiers TL and TM will be required for all services that are delivered under a Maine Department of Education Individualized Family Service Plan (IFSP) or an Individualized Education Plan (IEP), respectively.
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: Monday, August 8, 2011, 9:00 a.m., Conference Room #4, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 1, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 18, 2011.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .

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 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2011-P81
CONCISE SUMMARY: This proposed rule will remove any differing requirements for school based providers, and require them to meet all other requirements of comparable community based providers. In addition the Department clarifies that pursuant to 42 CFR 440.110, MaineCare physical therapy services must be prescribed by a physician or other licensed practitioner of the healing arts within the scope of practice under Maine law and must be provided by or under the direction of a qualified licensed physical therapist. Medical necessity for and the provision of these services to MaineCare members requires appropriate documentation. Each member’s written progress note must contain the start and stop time of the service. In Ch. III of this Section, billing modifiers TL and TM will be required for all services that are delivered under a Maine Department of Education Individualized Family Service Plan (IFSP) or an Individualized Education Plan (IEP), respectively.
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: Monday, August 8, 2011, 1:00 p.m. Conference Room #4, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 1, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 18, 2011.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .

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 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2011-P82
CONCISE SUMMARY: The Department of Health and Human Services is proposing this rule to remove any differing requirements for school based providers, and require them to meet all other requirements of comparable community based providers. In addition, the Department will clarify that medical necessity for these services requires appropriate documentation, and that provision of services must be documented. Each member’s written progress note must now contain the start and stop time of the service provided to the MaineCare member.
Additionally, the proposed Ch. III contains multiple corrected units of service to HIPAA compliant coding in preparation for MIHMS certification, adds billing modifiers, and removes one redundant billing code S9152 Speech therapy, re-evaluation. The Department proposes necessary rate adjustments to remain cost neutral with the corrected units of service. Procedure codes 92526, 92550, 92565, 92568, 92610, V5364, V5364 TF are added in this proposed rule and will be reimbursed retroactively to 09/01/2010. This proposed rule also clarifies how some of the HIPAA compliant billing codes are state-level defined and applied and adds three new billing modifiers.
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: Monday, August 8, 2011, 11:00 a.m. Conference Room #4, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 1, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 18, 2011.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .

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 (MAAP)
PROPOSED RULE NUMBER: 2011-P83
CONCISE SUMMARY: This proposed rule will permanently adopt the July 1, 2011 Emergency Rule. The Maine Legislature directed the Department, effective July 1, 2011, to repeal 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. I-1.
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; P.L. 2011, ch. 304, Sec. I-1.
PUBLIC HEARING: The Department is not planning on holding a public hearing at this time. Written comments will be taken for thirty days from July 20, 2011 to August 19, 2011. If five or more people request a public hearing, one will be scheduled.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 19, 2011.
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, DHHS Division of Audit, 11 State House Station, Augusta, Maine04333-0011. Telephone: (207) 287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215 (Deaf or Hard of Hearing). E-mail: Caroll.Thompson@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/audit/index.shtml .

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
RULE TITLE OR SUBJECT: Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Madawaska, and Van Buren
PROPOSED RULE NUMBER: 2011-P84
CONCISE SUMMARY: This chapter outlines the procedures and standards for implementing the Canadian Weight Limits (CWL) program authorized by Title 29-A MRSA §2354-C which provides for the operation of two vehicle configurations at certain Canadian weight limits between the Canadian border at Calais to a mill in Baileyville; from the Canadian border at Madawaska to a paper mill in Madawaska; and from the Canadian border at Van Buren to a rail yard in Van Buren.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §2354-C
PUBLIC HEARING: August 10, 2011 at 9:00 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: August 26 , 2011
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles – Vehicle Services, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Thomas.Arnold@Maine.gov .

AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Election and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 525, Rules for Administering the Central Issuance and Processing of UOCAVA Absentee Ballots
PROPOSED RULE NUMBER: 2011-P85
CONTACT PERSON FOR THIS FILING: Melissa K. Packard, Director of Elections, Bureau of CEC, 101 State House Station Augusta, Maine 04333. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov .
PUBLIC HEARING: Monday, August 8, 2011, 10 a.m., Room 214, Burton Cross Building, 111 Sewall Street, Augusta
COMMENT DEADLINE: Thursday, August 18, 2011
BRIEF SUMMARY: In order to be in compliance with the federal Military and Overseas Voter Empowerment Act (MOVE) and facilitate voting by uniformed service voters and overseas voters, legislation was enacted authorizing the Secretary of State centrally issue, receive and count absentee ballots for uniformed service voters and overseas voters. The Secretary of State is adopting rules to administer the central issuance and processing of absentee ballots, including processes to provide for the examination, counting and storage of ballots in the same manner as regular absentee ballots that are issued by municipal election officials. An emergency rule was adopted prior to the November 2, 2010 General Election. The rule now being proposed for adoption would apply to future statewide elections.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 21-A MRS §783
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff et seq.)
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov .
The text of this proposal may be found at: http://www.maine.gov/sos/cec/elec/rulemaking.htm .


AGENCY: 02-658 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Maine Fuel Board
CHAPTER NUMBER AND TITLE: The Maine Fuel Board proposes to adopt without substantive change the rules of the former Oil and Solid Fuel Board and Propane and Natural Gas Board. The only exception is Ch. 10 of the former Oil and Solid Fuel Board, entitled “Installation of Solid Fuel Burning Equipment.” Ch. 10 will be replaced by new Ch. 110 of the Maine Fuel Board, also entitled “Installation of Solid Fuel Burning Equipment.” A conversion table showing the renumbering of the former boards’ rules as they will be adopted by the Maine Fuel Board appears below:
(Former) Oil and Solid Fuel Board
Chapter Title
Old OSFB Chapter #
New MFB Chapter #
Definitions
1
101
Advisory Rulings
2
102
Categories and Responsibilities of Licensure
3
103
Qualifications for Licensure
4
104
Use of Other License Authorities
5
105
Adoption of Standards and Rules
7
107
Modification of Standards
8
108
Installation of Oil Burning Equipment
9
109
Installation of Solid Fuel Burning Equipment
10
Replaced by new Ch. 110
Chimneys
11
111
(Former) Propane and Natural Gas Board
Chapter Title
Old PNGB Chapter #
New MFB Chapter #
Definitions
1
201
General Information
2
202
Licensure/Registration Requirements
3
203
Examination Requirements
4
204
Installation Standards
5
205
Complaints, Investigations and Adjudicatory Hearings
6
206
Permits for Aboveground and Underground Propane and Natural Gas Storage Facilities and Rooftop Installations
8
208
Modification of Standards
9
209
PROPOSED RULE NUMBERS: 2011-P86 through P103
CONTACT PERSON FOR THIS FILING: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov .
PUBLIC HEARING: August 11, 2011, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: August 22, 2011
BRIEF SUMMARY: New Ch. 110, “Installation of Solid Fuel Burning Equipment,” changes Ch. 10 of the former Oil and Solid Fuel Board in the following respects: (1) For units designed with electrical controls for the combustion system, Ch. 110 includes the same electrical requirements that apply to oil-fired units; (2) Heat loss or load calculations are required in connection with the purchase of new heating systems, as is the case for oil-fired units; (3) A new section was added that contains requirements for solid fuel conversion burners, i.e., wood pellet burners that replace oil burners on existing appliances. This section covers everything from requirements for testing to specific requirements necessary to convert an appliance designed for burning oil to burn solid fuel.
All other chapters listed in the conversion table above are being carried forward from the former Oil and Solid Fuel Board and former Propane and Natural Gas Board with no substantive change.
The proposed rules may be downloaded from OLR’s web site at www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §18123(2); PL 2009, c. 344, sec. D-15(2)
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/fuel/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .

ADOPTIONS



AGENCY: 02-318 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Electricians’ Examining Board
CHAPTER NUMBER AND TITLE:
Ch. 120, Electrical Installation Standards
Ch. 135, Electrical Permits
ADOPTED RULE NUMBER: 2011-239, 240
CONCISE SUMMARY: The amendments to Ch. 120 adopted by the board conform the National Electrical Code for Maine to the release of the 2011 edition of the National Electrical Code ("NEC"), and make specified exceptions for Maine conditions. The 2011 NEC replaces the 2008 NEC, on which Ch. 120 was formerly based. Ch. 135 eliminates the ability of an electrical company to apply for an electrical permit. Under this chapter, application may only be made by an individual master electrician or limited electrician.
EFFECTIVE DATE: July 19, 2011
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Cheryl.C.Hersom@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/electricians/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .