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Home > Weekly Notices > July 27, 2011

July 27, 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 Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2011-P104
CONCISE SUMMARY: The Department is creating a new Section of the MaineCare Benefits Manual that will be known as Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These Services will be provided to children through a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Services in Ch. II include Home Support, Home Accessibility Adaptations, Transportation, Consultation, Communication Aids and Respite Care. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This routine technical rule is a companion to a major substantive rule proposing to establish rates for services in MaineCare Benefits Manual Ch. III Section 32. These rules were adopted on an emergency basis effective July 1, 2011.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: August 15, 2011, 9:00 a.m., Conference Room 1A, 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 August 5, 2011.
COMMENT DEADLINE: Midnight, Thursday, August 25, 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/rules/index.shtml .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2011-P105 (major substantive)
CONCISE SUMMARY: The Department is creating a new Section of the MaineCare Benefits Manual that will be known as Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These Services are provided to children through a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Ch. III establishes billing procedure codes based on HIPAA compliant CPT coding. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This major substantive rule is a companion to a routine technical rule proposing to establish the rules for delivering these services in MaineCare Benefits Manual Ch. II, Section 32. These rules were adopted on an emergency basis effective July 1, 2011.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: August 15, 2011, 9:00 a.m., Conference Room 1A, 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 August 5, 2011.
COMMENT DEADLINE: Midnight, Thursday, August 25, 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/rules/index.shtml .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.02. Migratory Bird Hunting
PROPOSED RULE NUMBER: 2011-P106
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333; Tel: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Wednesday, August 17, 2011 at 6:30 p.m. at the Augusta Armory, 179 Western Avenue, Room 117, Augusta, ME
COMMENT DEADLINE: August 17, 2011
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER). A minor modification to the North/South waterfowl zone boundary is also being proposed. A map of this area is available from the agency contact person above.
1) Ducks (not including mergansers): NORTH ZONE: September 26 through December 3, 2011; SOUTH ZONE: October 1 through October 22, 2011. November 8 through December 24, 2011. Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit: 1; possession limit: 2 for black ducks, mottled ducks, and fulvous whistling ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard and redhead ducks.
d. Scaup and Canvasback, and northern pintail: Season dates will not be determined until the U.S. Fish & Wildlife Service determines the current breeding population and regulatory package allowable.
e. Daily limit of 6; possession limit: 12 for teal (no more than 4 of any one species in the daily limit or 8 in the possession limit).
f. Daily limit: 3; possession limit: 6 for wood ducks.
2) Mergansers and American coots: SEASON DATES SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions. Hooded mergansers: daily limit: 2; possession limit: 4. American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Early Season), September 1 through September 24, 2011. NORTH ZONE: Daily limit 6; possession limit: 12. SOUTH ZONE: Daily limit 8; possession limit: 16.
Regular Goose Season - NORTH ZONE: October 1 through December 9, 2011. SOUTH ZONE: October 1 through October 22, 2011, November 8 through December 24, 2011. Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2011 - January 31, 2012. Daily limit 25; no possession limit.
5) Brant. NORTH ZONE: October 1 through November 28, 2011. SOUTH ZONE: October 1 through October 22, 2011, November 8 through December 13, 2011. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots. NORTH ZONE: December 10, 2011 through February 1, 2012. SOUTH ZONE: January 7, 2012 through February 29, 2012.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks (scoters, eiders, and long-tailed ducks in the sea duck zone): October 1, 2011 through January 31, 2012. Daily limit 7; possession limit 14 with following exceptions: Scoter - daily limit: 4; possession limit: 8; Common Eider - daily limit: 4; possession limit: 8.
8) Woodcock: October 1 – October 29, 2011, October 31 – November 15, 2011. Daily limit 3; possession limit 6.
*pending approval of Federal Service Regulations Committee
9) Common Snipe: September 1 – December 16, 2011. Daily limit 8; possession limit 16
10) Rails (Sora and Virginia) September 1 – November 9, 2011. Daily limit 25; possession limit 25
11) Moorhens and Gallinules: Closed Season
12) YOUTH WATERFOWL HUNT. North Zone: September 17, 2011. South Zone: September 24, 2011; South Zone: November 5, 2011
Bag limits for waterfowl as above. Special regulations will apply to youth and accompanying adult.
13) Modification of the North/South Waterfowl Hunting Zone Line
Maine-New Brunswick border in Baileyville, Maine west along Stony Brook to Route 9 in Baileyville. West along Route 9 to Route 15 in Bangor. West along Route 15 to I-95 in Bangor. Southwest along I-95 to Route 202 (Exit 109A) in Augusta. Southwest along Route 202 to Route 11 in Auburn. the bridge across the Kennebec River in Fairfield. North/Northwest along the western shore of the Kennebec River to the bridge across the Kennebec River in Anson. Southwest along Route 148 in Anson to Route 43 in Industry. Southwest along Route 43 to Route 4 in Farmington. Southwest along Route 4 to Route 140 in Jay. Southwest along Route 140 to Route 108 in Canton. Southeast along Route 108 to Route 4 in Livermore. South along Route 4 to Route 11 in Auburn. Southwest along Route 11 to Route 110 in Newfield. West along Route 110 to Maine - New Hampshire border.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104 and 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .
IF&W RULE-MAKING LIAISON: Becky.Orff@Maine.gov .



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling of Low Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2011-P107
CONTACT PERSON FOR THIS FILING: Jodie Stevens, Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600 TTY: (800) 452-4603. E-mail: jstevens@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same as Contact Person
PUBLIC HEARING: A public hearing will be held on Tuesday, August 16, 2011 at 9:30 a.m. at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, August 26, 2011 at 5:00 p.m.
BRIEF SUMMARY: The proposed rule, as amended, is the qualified allocation plan for allocating and administering the federal low income housing tax credit in the State of Maine, including the 2012 state ceiling of low income housing tax credits for the State of Maine.
DETAILED BASIS STATEMENT / SUMMARY: Maine State Housing Authority (commonly referred to as MaineHousing), the housing credit agency for the State of Maine, is required to adopt a qualified allocation plan pursuant to Section 42 of the Internal Revenue Code of 1986, as amended. The rule, as amended, is the qualified allocation plan (the “QAP”) for allocating and administering federal low income housing tax credits in the State of Maine, including the 2012 state ceiling of low income housing tax credits for the State of Maine. Proposed amendments to the rule including the following.
1. The structure of the developer fee has been modified. The total developer fee will be increased to a certain percentage of acquisition and construction costs, but the developer will collect only a portion of the developer fee when the project is completed, so –called net developer fee; the rest of the fee must be deferred or loaned as a source of funding for the project. The deferred or loaned fee reduces the need for subsidy. At the same time, the modified structure maintains the benefit of the net developer fee approach implemented in 2008 to control costs by limiting what the developer can collect upfront. Because of criticism that the developer fee is too low, the amount of the net developer fee has been increased from $15,000 per unit to $17,500 per unit for the first 20 units and from $12,500 to $15,000 per unit for additional units above 20 units. The net fee is lower than the net fees allowed by other housing credit agencies so more of the total developer fee increase can be used to pay other project costs.
2. Project-based rental assistance has become the only resource available to serve persons with lower incomes in tax credit projects. The total points for new project-based rental assistance have increased and been further staggered to incent developers to secure new project-based rental assistance, at any level, to serve persons with lower incomes.
3. The former project amenities and services scoring criteria, including community space, laundry facilities, internet access and proximity to recreational activities, have become threshold requirements for all projects except existing multi-family housing projects if it is impracticable to incorporate these amenities.
4. On-call bus service will be eligible for points under the smart growth criteria, provided the service does not have eligibility criteria that exclude any residents from using the service. On-call bus services are the only form of public transportation in more rural communities.
5. The project characteristics scoring criteria have been modified to include urban infill sites and to include a specific definition of the term, “formerly developed site”, which is more restrictive than the prior application of the term. Under this definition, sites with single-family homes or foundations and sites that are the undeveloped portion of an existing site with existing multi-family or other uses will no longer be eligible.
6. The families with children housing scoring criteria have been clarified. Projects are required to pledge only half of the total units as two or more bedrooms, 20% of which must be three or more bedroom units, to qualify under the criteria. As previously worded, certain projects, depending on the total number of units in the project, had to pledge more than half of the units in order to qualify.
7. The land use approval criteria have been clarified. Except for building permits and other permits typically issued during construction, all land use approvals, including municipal and state approvals, if applicable, are required to qualify for the points. Building permits and other similar permits have never been required for land use approval points, but that was not clear in the scoring criteria. Most projects do not require state approvals, but state approvals have been specifically added because a recent project, which is part of a larger subdivision requiring state approvals, did.
8. The service center community scoring criteria have been modified based on the updated housing needs analysis. Since the last qualified allocation plan, internal and external data changes have led to a better estimate of need. For the 2010 estimates, Claritas continued to forecast from the 2000 Census baseline but also relied heavily on US Census Bureau American Community Survey (ACS) data for the time period of 2006 through 2009. As the 2000 Census data gets older and the ACS data continues to improve, relying more heavily on interim ACS data yields better estimates. Also, more accurate information on project based Section 8 units and Section 8 Housing Choice Vouchers (including those not administered by MaineHousing) is available and has been incorporated in this analysis. The result of this improved data is that the number of qualifying households in Maine has decreased by nearly 2,000 from the data used in the last QAP. For the Housing for Homeless Set-aside, need is based on the most recent shelter utilization data; communities with higher shelter bed nights have a greater need for housing for the homeless. Because of increased shelter usage in 2010, Auburn and Augusta are included in the service center communities with the greatest need for housing for the homeless.
9. The amount of the RD Set-aside has increased to assure sufficient credit is available for the highest-scoring eligible project.
10. The TCAP Set-aside has been removed because the Tax Credit Assistance Program funding under the American Recovery and Reinvestment Act of 2009 (ARRA) has been exhausted.
11. Some scoring and threshold criteria have been modified to clarify the submission requirements to receive points under criteria, such as requiring accessible units be shown on the plans submitted with the application under the greater accessibility scoring criteria.
12. The existing application requirements have been tightened to make the tax-credit scoring process more efficient and timely. All applications must be on MaineHousing forms and must be complete. If the forms are not used or completed, the application will be rejected. MaineHousing specifically designed its forms, particularly budget and construction forms, to provide the information it needs in a format to most efficiently determine whether the application complies with the requirements of the QAP. Not completing the required forms causes inefficiencies in a process that is already time-consuming, and is unfair to the applicants who complete the forms.
13. Similarly, the carryover allocation process has been tightened. Section 42 of the Code prescribes deadlines for completing carryover allocations. Applicants who do not submit requests for carryover allocations with the requisite information on time or pay the allocation fee on time will risk forfeiting their credit award.
14. MaineHousing’s practice in its multifamily funding programs of not accepting or processing applications from individuals and entities that are in default, have had an ownership interest in a project in which a MaineHousing mortgage has been foreclosed, or have been debarred or suspended has been added. The companion subsidy program to the QAP, the Rental Loan Program, includes these provisions. Although it doesn’t happen often, applicants can apply for credits under the QAP without applying to the Rental Loan Program, so the provisions have been added to the QAP.
15. The exemption for tax-exempt bond projects from the tax credit application fee and the tax credit allocation fee has been removed. Historically, MaineHousing’s bond resolution has subsidized the costs of administering MaineHousing’s tax credit program with respect to those projects that receive automatic tax credits generated by the use of tax-exempt bond financing.
16. The Housing and Economic Recovery Act of 2008 (HERA) requires owners of tax credit projects to submit certain information, including the race, ethnicity, family composition, age, income, use of rental assistance, disability status and monthly rental payments of tenants in tax credit projects. Recently, HUD issued guidance requiring the information to be submitted electronically using a specific software program. Owners will be required to submit the information to MaineHousing in the requisite format so MaineHousing can transmit the data to HUD in accordance with HERA and HUD’s guidelines.
17. The monitoring fee has increased to cover MaineHousing’s cost of monitoring tax credit projects, including the additional costs in connection with new software requirements under HERA.
18. Other changes including minor clarifications to better effectuate the intent of the criteria or provisions and grammatical changes.
In accordance with Executive Order 09 FY 11/12 dated January 10, 2011, MaineHousing submitted the above-described rule to the Office of the Governor for review and authorization to proceed to publish same for public review and comment. Pursuant to this process, the following four modifications were made to the rule. First, the rule is a one-year qualified allocation plan rather than the originally proposed two-year plan. Second, the requirement that construction contractors, subcontractors and material suppliers comply with MaineHousing’s Contractor Standards For MaineHousing-Financed Multifamily Housing, which includes without limitation wage provisions, proper classification of employees and on-the-job training requirements, has been removed. Third, the scoring criteria incenting the use of contractors, subcontractors and material suppliers that provide health insurance to their employees have been removed. Finally, the scoring criterion incenting nonprofit sponsorship has been removed.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4741(1), 30-A MRSA §4741(14) and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
WEBSITE: http://www.mainehousing.org/ .
MSHA RULE-MAKING LIAISON: luhl@mainehousing.org .



AGENCY: 10-144 - Department of Health and Human Services (DHHS). Office for Family Independence (formerly Office of Integrated Access and Support), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual
PROPOSED RULE NUMBER: 2011-P108
CONTACT PERSON FOR THIS FILING: Kevin Wells, Staff Counsel, OIAS/DSER, Office for Family Independence, DHHS, 11 State house Station, Augusta, ME 04333. Telephone: (207) 287-5095. E-mail: Kevin.Wells@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None.
COMMENT DEADLINE: August 26, 2011
BRIEF SUMMARY: Proposed amendment clarifies that the Department’s involvement in a child support case begins with a referral from another agency or an application from a parent or guardian; deletes redundant language regarding the Department’s disregard, for the purpose of public assistance eligibility, of the first $50 in child support payments; deletes outdated language regarding an expired pilot project to provide child support services without need of an application; makes non-substantive technical changes regarding fees and costs; reorganizes and renumbers case closure criteria to conform to federal regulation; establishes two new federally mandated case closure criteria; and establishes federally mandated regulations regarding the provision of services in intergovernmental child support cases.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §42(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 42 USC §§ 654(9) and (32); 45 CFR §§ 301.1, 302.36, 303.7, 303.11
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/index.html .



AGENCY: 10-144 - Department of Health and Human Services (DHHS). Office for Family Independence (formerly Office of Integrated Access and Support)
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules, Rev. #16P: ASPIRE Program Updates
PROPOSED RULE NUMBER: 2011-P109
CONCISE SUMMARY: Amendments to the work requirement provisions of the Temporary Assistance for Needy Families (TANF) portion of the Social Security Act went into effect with the passage of the Deficit Reduction Act of 2005. These affect Maine's TANF-ASPIRE Program. Federal regulations in support of the amendments outlined with specificity the increased work participation requirements of states for receipt of TANF Block Grant funds, and implemented a penalty for non-compliance by the State.
Changes include definitions of the 12 work activities that count for the Federal Work Participation Rate, a mandate that States must report the actual verified hours of participation in work activities, and a mandate that States establish and maintain work participation verification procedures. This rule reflects those required changes as well as the alignment of the Child Care Market Rate Caps and procedural requirements with those used by the Department of Health and Human Services, office of Child and Family Services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 USC §607 and §609 45 CFR §§ 261.2, .21, .23. .31. .60 and .61 22 MRSA §3782-A.
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 26, 2011
AGENCY CONTACT PERSON: Liz Ray, ASPIRE Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive Augusta, Maine 04333-0011. Telephone: (207) 287-4733. TTY: 1 (800) 606-0215 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dhhs/ofi/ .


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 97, Principles of Reimbursement for Private Non-Medical Institution (PNMI) Services, Appendix D: Child Care Facilities
ADOPTED RULE NUMBER: 2011-241
CONCISE SUMMARY: This is permanent adoption of emergency rules that were effective October 1, 2010. The Department of Administrative and Financial Services quantified the General Fund fiscal problem as a potential shortfall of almost $400 million in the Governor’s initial proposed supplemental budget on December 18, 2009. The final supplemental budget enacted by the Legislature reflects a slight upturn in revenues and authorizes General Fund appropriations for the current biennium of approximately $5.53 billion. The Legislature has ordered various cuts in the MaineCare program in order to balance the budget, per PL 2009, c. 571. The reduction in reimbursement set forth in this rule was selected after careful consideration and it will be implemented in a fair and equitable manner. The Department was required to reduce fees paid to certain providers.
Pursuant to the supplemental budget, PL 2009, ch. 571, Part A, §A-26 this rule specifies rate reductions for services under Section 97 Private Non-Medical Institution Services, Appendix D: Child Care Facilities. Additionally the rule eliminates one accounting requirement for providers that is no longer necessary, thereby reducing the administrative burden for providers. Effective July 1, 2011 the final rule additionally adjusts the rates to continue the savings for the following fiscal year.
This is major substantive rulemaking and this adopted rule was reviewed and authorized by the legislature in Resolve of 2011, Ch. 98.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
EFFECTIVE DATE: September 1, 2011
AGENCY CONTACT PERSON: Margaret Brown, Comprehensive Health Planner, 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) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/rules/index.shtml .