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Home > Weekly Rule-making Notices > June 27, 2012

June 27, 2012

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: 02-288 - Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation (OPOR), Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions; Ch. 12, Licensure of Architects; Ch. 13, Licensure of Landscape Architects; Ch. 19, Incorporation by Reference
PROPOSED RULE NUMBER: 2012-P131 thru P134
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
PUBLIC HEARING: July 17, 2012, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: August 20, 2012
BRIEF SUMMARY: The amendments to Ch. 10, 12 and 13 revise the definition of “direct supervision” applicable to applicants for licensure as an architect who apply on the basis of office experience as opposed to completion of an internship recognized by the National Council of Architectural Registration Boards (“NCARB”). The amendment to Ch. 12 amends the training categories, training areas and minimum hour requirements applicable to applicants for licensure as an architect who apply on the basis of office experience as opposed to completion of an internship recognized by NCARB. The amendments to Ch. 12, 13 and 19 update references to the educational and experience standards published by NCARB and the Council of Landscape Architectural Registration Board that are relied upon by the board. A copy of the proposed rule may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 214(1), 220(1)(B), 220(2)(B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 05-071 - Department of Education (DOE)
PROPOSED RULE NUMBER: 2012-P135
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mark A. Cyr, Department of Education, Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6603. Fax: (207) 624-6604. TTY 1 (888) 577-6690. E-mail: Mark.Cyr@Maine.gov .
PUBLIC HEARING: July 18, 2012
COMMENT DEADLINE: July 30, 2012, 5:00 p.m.
BRIEF SUMMARY: Proposed changes in Ch. 13 include new test codes, recommended cut off scores, new test titles, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
DETAILED BASIS STATEMENT / SUMMARY: The proposed changes to Ch. 13 stem from the regular regeneration (revision) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for two to three days to review the validity and reliability of the test being regenerated. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Ch. 13 must be updated to reflect these changes.
Proposed changes in Ch. 13 include new test codes, new test titles, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §§ 13031-13038 and 13035-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/education .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 214, Exemption of Telephone Utilities from Certain Filing and Approval Requirements
PROPOSED RULE NUMBER: 2012-P136
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Matthew Kaply, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-8519. E-mail: Matthew.S.Kaply@Maine.gov .
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: July 31, 2012
BRIEF SUMMARY: The Maine Public Utilities Commission proposes to repeal Ch. 214 of the Commission’s Rules (65-407 C.M.R. ch. 214), which exempts certain telephone utilities, with respect to specific services, from the tariffing and approval requirements of 35A MRSA §§ 304, 307 and 310.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §104, 111, and 307-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 284, Prepaid Wireless Fee
PROPOSED RULE NUMBER: 2012-P137
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1566. E-mail: Paulina.Collins@Maine.gov .
PUBLIC HEARING: July 18, 2012, 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: July 30, 2012. However, the Commission requests that comments be filed by July 13, 2012, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written documents should refer to the Docket Number of this proceeding, Docket No. 2012-277, and sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
BRIEF SUMMARY: The PUC initiates a proceeding pursuant to recently enacted legislation to adopt rules to determine the amount of the fee on prepaid wireless telecommunications service required to be contributed to the Maine Universal Service Fund (MUSF) and the Maine Telecommunications Access Fund (MTEAF). The rules also describe the requirements and procedures for collection, remittance and periodic adjustments to the amount of the Prepaid Wireless Telecommunications Service Fee (Prepaid Wireless Fee) which consists of the MUSF and MTEAF contributions and the E9-1-1 prepaid wireless surcharge which is set by statute.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §101, 111, 7104, 7104-B and PL 2011, Ch. 600
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 02-030 - Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE: Ch. 700, Conversion of Maine's Supervised Lender and Loan Broker Licensing to the Nationwide Mortgage Licensing System (NMLS)
PROPOSED RULE NUMBER: 2012-P138
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULEMAKING LIAISON: Kristine Fournier, Principal Examiner, Bureau of Consumer Credit Protection, 35 State House Station, Augusta, ME 04333, (207) 624-8527. E-mail: Kristine.M.Fournier@Maine.gov .
PUBLIC HEARING: July 16, 2012, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern A venue, Gardiner, Maine
COMMENT DEADLINE: July 26, 2012
BRIEF SUMMARY: This chapter makes the modifications necessary to transition the supervised lender and loan broker licensing process currently utilized by the Maine Bureau of Consumer Credit Protection ("the bureau"), to a multi-state system administered by the Nationwide Mortgage Licensing System (NMLS). As authorized by law, this chapter converts the two-year license for supervised lenders to a one-year license; eliminates the September 30 licensing date for supervised lenders, substituting an annual license effective from January 1 through December 31 of each year; changes the two-year license and the January 31 licensing date for loan brokers to an annual license effective from January 1 through December 31 of each year; and sets application and renewal fees for lenders and loan brokers. Fees are unchanged from current levels. The rule permits currently-licensed companies to transition onto the system starting August 31, 2012, and permits applicants for new licenses to apply to the NMLS as of that date. The proposed rule may be downloaded from the bureau's website at www.Credit.Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 9-A MRSA §2-302(l), 9-A MRSA §6-105-A(I), 9-A MRSA §10-201
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act), 12 USC §§ 5101-5116
WEBSITE: http://www.maine.gov/pfr/consumercredit/index.shtml .



AGENCY: 01-001 – Department of Agriculture Food and Rural Resources: 01-017 – Maine State Harness Racing Commission (for 01-303 – Pull Events Commission)
CHAPTER NUMBER AND TITLE: Ch. 15, Rules For Superintendents And Assistant Superintendents of Pull Events, Section 5: Responsibilities of Pull Superintendents and Assistant Pull Superintendents, Sub-section 1. A, B, C and D.
PROPOSED RULE NUMBER: 2012-P139
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Peter Barengo, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7535. E-mail: Peter.Barengo@Maine.gov .
PUBLIC HEARING: None.
COMMENT DEADLINE: July 27, 2012 (30 days from the publication date, to be received in the office by 5:00 p.m.)
BRIEF SUMMARY: The proposed rule provides guidelines for the enforcement of any rule or statute violation. Further it provides the superintendents with guidelines in determining when an animal is too thin to participate in a pull event.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 7 M.R.S. Sections 97.5 and 98
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://maine.gov/agriculture/mpd/events/pulling.html .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


ADOPTIONS


AGENCY: 16-222 - Department of Public Safety, Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2012-175 (Emergency major substantive)
CONCISE SUMMARY AND BASIS STATEMENT: Through this rule-making process, the State of Maine will incorporate by reference into Maine's regulation a more recent version of a provision of the federal motor carrier safety regulations (namely, 49 CPR sec. 391.41(b)(12)(i)) that provides that a person is physically qualified to drive a commercial vehicle if that person does not use a controlled substance identified in 21 CPR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. Maine's regulation will then provide that sec. 391.41(b)(12)(i) will be applicable to intrastate motor carriers, vehicles, and drivers to whom the regulation applies that operate less than 100 air miles from their regular place of business.
Incorporating this provision into Ch. 4 will ensure (1) that Maine's regulation is consistent with other states' similar regulations (this to foster and facilitate commercial transportation and activity), and (2) that Maine's roads and highways are safe for the traveling public.
FINDINGS OF EMERGENCY (per 5 MRSA §8054(2)):
1. 49 C.P.R. §391.41(b)(12)(i) provides that "[a] person is physically qualified to drive a commercial motor vehicle if that person '" [d]oes not use a controlled substance identified in 21 C.P.R. 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug."
2. PL 2011, c. 455, Sec. 2, for its part, requires the Maine State Police to amend Ch. 4 "to provide that operators for intrastate motor carriers that operate less than 100 air miles from their regular place of business are subject to the provisions of 49 Code of Federal Regulations, Section 391.41 (2007)."
3. The Maine State Police has discretion to amend Ch. 4 to ensure compliance with PL 2011, c. 455, Sec. 2, but, in order to do so, must promulgate the amendment as a major substantive rule, per 29-A MRSA §555(2)(A-1).
4. Promulgating the amendment of Ch. 4 as a major substantive rule, however, will significantly delay the implementation of a more current version of 49 CFR §391.41(b)(12)(i).
5. Given the danger and threat to public safety that is created if an operator of a commercial motor vehicle operates such a vehicle while under the influence of substances contemplated in 49 C.P.R. §391.41(b)(12)(i), the Maine State Police finds that it is necessary to promulgate the amendment of Ch. 4 pursuant to PL 2011, c. 455, Sec. 2 expeditiously in order to avoid an immediate threat to the safety of motor vehicle operators and passengers, as well as pedestrians, traveling on the roads and highways of the State of Maine.
6. Accordingly, the Maine State Police finds it necessary to promulgate such amendment through emergency major substantive rulemaking pursuant to 5 MRSA §8073.
EFFECTIVE DATE: as of 12:01 a.m. Saturday, June 23, 2012
AGENCY CONTACT PERSON: Lt. Shawn D. Currie, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-8932. E-mail: Shawn.D.Currie@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .
STATE POLICE RULE-MAKING LIAISON: Christopher.Parr@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 Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2012-176 (Emergency)
CONCISE SUMMARY: Pursuant to P.L. 2011, ch. 477, EE-1, the Department is adopting emergency rules in order to implement the Legislature’s directive in Part M-1, without the necessity of making the emergency findings as required in Title 5 §8054, with the exception of the administrative savings initiatives and other savings related initiatives as stated below.
As directed by the Legislature, P.L. 2011, ch. 477, part BB-1, MaineCare Services is imposing a mandatory substitution for a brand-name drug of a generic and therapeutically equivalent drug as required by the Maine Revised Statutes, Title 32 §13781, with certain exceptions. The Department had promulgated another emergency rule, effective 4/1/12, that further limited the number of brand-name drugs members may receive per month without Prior Authorization. However, after further legal analysis, the Department concluded that the budgetary requirement to substitute generic drugs appears to preclude a specified limit on brand-name medications.
This emergency rule also changes language that was included in an emergency rule previously adopted, effective 4/1/12, that listed medical food as a non-covered service. This exclusion was originally included to comply with an administrative initiative in the 2012 Supplemental Budget. However, after implementation, the Department discovered that members were having difficulties accessing nutritional products through a Durable Medical Equipment dealer. This emergency rule will restore reimbursement, permitting members to continue to obtain nutritional products through a pharmacy.
Pursuant to 5 MRSA §8054, the Department has further determined that immediate adoption of some provisions 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:
The State of Maine is facing a continuing economic crisis. For the 2011-2012 Biennium, DHHS’ budget deficit was over $120 million. The Legislature mandated many reductions to the MaineCare budget.
The Department of Administrative and Financial Services officially reported to the Governor in writing pursuant to 5 MRSA §1668 that the Department of Health and Human Services (DHHS) budget will not be sufficient to meet the expenditures authorized by the 125th Legislature for fiscal years 2011-2012 and 2012-2013. The Governor directed MaineCare Services to review its budget in connection with an assigned reduction target. Proposed reduction options and analyses were evaluated by the Governor based on a number of factors, including: the hierarchy of needs and the impact of any proposed reduction in service on public health, safety, education, welfare and effective program operations; the extent to which efforts supported by new spending could be delayed to avoid or minimize adverse affects; the extent to which expenditure growth could be reduced so as to minimize any impact on services; whether an option avoids termination of a program or service and whether proposed reductions could be made in a fair and equitable manner, and preserve insofar as practicable the intent of the Legislature.
The Department has determined that this emergency rule change is additionally necessary to assure that its financial deficit does not deepen. If these changes and the proposed administrative savings initiatives that this change supports are not made, and the deficit increases, deeper and more severe cuts in the MaineCare program may have to be made in order to bring the budget into balance by the end of the fiscal year as required by Article 9, Section 14 of the Maine Constitution. Absent this immediate corrective action, the MaineCare funding available to the Department might soon be inadequate, threatening both MaineCare members and providers. This may result in the disenrollment of MaineCare providers or a reduction in MaineCare members whom providers are willing to serve, thereby reducing health care access for MaineCare members.
For these reasons, the Department of Health and Human Services finds pursuant to 5 MRSA §8054 that to avoid an immediate threat to public health, safety or general welfare, ordinary rulemaking procedures must be modified to allow for immediate adoption of the rule.
The following changes are made in this emergency rulemaking: reduction of reimbursement for brand-name medications provided at a retail pharmacy from the current methodology of Average Wholesale Price (AWP) minus (-) fifteen percent (15%) to AWP minus (-) sixteen percent (16%); the addition of criteria for early refills for mail order prescriptions in excess of a ninety percent (90%) threshold, which is expected to achieve cost savings; the addition of Wholesale Acquisition Cost reimbursement methodology for generic, brand name and specialty medications as a reimbursement methodology; a limit on provider billing based on the Federal Upper Limit (FUL) unless the Department meets FUL in the aggregate, which is automatically calculated at the point of sale. The Department current requires pharmacy providers to bill at the lowest of the reimbursement methodologies listed in the rule; therefore, the inclusion of WAC as a reimbursement methodology and the addition of language allowing providers to bill based on FUL, unless the Department meets FUL in the aggregate, is expected to result in cost savings.
Some of these changes have been identified in the Department’s Administrative Savings proposals; these initiatives are part of a range of adjustments that the Department is making through the adopted 2012 Supplemental Budget.
Finally, this rulemaking includes a change previously adopted through an emergency rulemaking, effective February 1, 2012 that increased the dispensing fee for mail-order pharmacies from one-dollar ($1.00) to two-dollars and fifty cents ($2.50). This change is included in this rulemaking in order to avoid two separate emergency rules existing for the same section of policy at one time. The circumstances warranting the prior emergency rule remain valid. The effective date for this change begins again upon adoption of this emergency rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 27, 2012
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 Section 15, Chiropractic Services
ADOPTED RULE NUMBER: 2012-177
CONCISE SUMMARY: With this rule, the Department of Health and Human Services (DHHS) is permanently adopting the April 1, 2012, emergency changes to Ch. 101, MaineCare Benefits Manual, Section 15, Ch. II, Chiropractic Services, pursuant to Public Law 2011, Ch. 477, the Maine Supplemental Budget. The change limits reimbursement for Section 15, Chiropractic Services, to twelve (12) visits per rolling calendar year for adult members. The Department is also clarifying Section 15.04, Specific Eligibility for Care, to align with the definition of rehabilitation potential earlier in the Section.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 26, 2012
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2012-178
CONCISE SUMMARY: This rule permanently adopts changes already made on an emergency basis, updating the supplemental pool amount and method for distributing that pool to Non-Critical Access and other hospitals to better align with Diagnosis Related Group reimbursement. Effective April 24, 2012, the Department decreased the supplemental pool for Non-Critical Access, Rehabilitation Hospitals and Hospitals Reclassified to a Wage Area Outside Maine from $51,847,218 to $51,642,035. The distribution methodology for that pool was amended from a system based solely on the relative share of MaineCare discharges to one that also uses the relative share of MaineCare days. The Department also instituted caps on Prospective Interim Payments (PIP) consistent across the system so that the total payment to all hospitals receiving a PIP is not less than 70% of the calculated amount of the total PIP for the current year.
This rulemaking, beyond permanently adopting changes already made on an emergency basis, also ends reimbursement for certain Provider Preventable Conditions (PPC), as defined by Medicare and federally required by the Patient Protection and Affordable Care Act. The DHHS will be seeking CMS approval of the State Plan for these changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 28, 2012
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: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2012-179
CONCISE SUMMARY: This rulemaking is being done pursuant to the provisions of Public Law 2011, Ch. 477, Part M-1, the Maine State Supplemental Budget which was passed by the 125th Maine State Legislature and signed into law by Governor Paul R. LePage on February 23, 2012. This law required that, effective April 1, 2012, MaineCare Services reduce reimbursement of Occupational Therapy Services by ten percent (10%). This rule will permanently adopt the emergency rule that was effective April 1, 2012.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 29, 2012
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II / Policy Writer, MaineCare Services, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 Section 75, Vision Services
ADOPTED RULE NUMBER: 2012-180
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is permanently adopting the April 1, 2012, emergency changes to Ch. 101, MaineCare Benefits Manual, Section 75, Ch. II, Vision Services, to comply with Public Law 2011, Ch. 477, the Maine State Supplemental Budget. This change limits MaineCare Services reimbursement to one (1) routine eye exam every three (3) rolling calendar years for members ages twenty-one (21) and over. Routine eye exams indicated as the standard of care for specific medical diagnoses (ex. diabetes) or for high-risk medication use (ex. Plaquenil) will continue to be covered as medically indicated.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 26, 2012
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY users call Maine relay 711. E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2012-181
CONCISE SUMMARY: This rulemaking is being adopted pursuant to the provisions of Public Law 2011, Ch. 477, Part M-1, the Maine State Supplemental Budget which was passed by the 125th Maine State Legislature and signed into law by Governor Paul R. LePage on February 23, 2012. This law required that, effective April 1, 2012, MaineCare Services reduce reimbursement of Physical Therapy Services by ten percent (10%). This rule will permanently adopt the emergency rule that was effective April 1, 2012.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 29, 2012
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II / Policy Writer, MaineCare Services, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 Section 95, Podiatric Services
ADOPTED RULE NUMBER: 2012-182
CONCISE SUMMARY: This rule permanently adopts the requirement of Public Law 2011, Ch. 477, the Maine State Supplemental Budget, Part M-1 requiring that MaineCare Services reduce reimbursement of Podiatric Services by ten percent (10%). As there is no Ch. III billing chapter for Section 95, Podiatric Services, this rulemaking also necessarily updates the policy with the DHHS Rate Setting website address where providers may access their current reimbursement rates. The Department is also updating other website links in the policy to align with current Departmental procedures.
See http://www.maine.gov/dhhs/oms/rules/index.shtml or rules and related rulemaking documents.
EFFECTIVE DATE: June 26, 2012
AGENCY CONTACT PERSON: Delta Chase, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY (207) 287-1828. E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #259A: Charts - Chart 3.11 (Spousal Living Allowance for SSI Recipients) and Chart 6 (Federal Poverty Levels)
ADOPTED RULE NUMBER: 2012-183
CONCISE SUMMARY: This rule makes a retroactive rule change effective January 1, 2012. This rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were published in the U.S. Department of Health and Human Services Federal Register on January 26, 2012. The 2012 Federal Poverty Level must be applied to all eligibility decisions effective January 1, 2012, as required by Federal law. Pursuant to 22 MRSA §42(8), the Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients. Here, these rules produce no adverse financial impact on recipients.
THIS RULE WILL NOT HAVE AN EFFECT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
EFFECTIVE DATE: July 2, 2012
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .