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July 4, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-12
PROPOSED RULE NUMBER: 2012-P140
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: July 19, 2012, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 19, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



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 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2012-P141
CONCISE SUMMARY: The rule proposes to adopt a 5% decrease in rates for Agency Home Support per diem as directed by P.L.2011, Ch. 477, §M-1.
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, P.L.2011, Ch. 477, §M-1
PUBLIC HEARING: July 24, 2012, 9:00 a.m. to 11:00 a.m., Conference Room # 1, Department of Health and Human Services, 242 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before July 16, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight Friday, August 3, 2012.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 242 State Street, 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: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #7-12
ADOPTED RULE NUMBER: 2012-185 (Emergency)
CONCISE SUMMARY: Minimum July 2012 Class I price is $18.76/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.30/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@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 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2012-186 (Emergency)
CONCISE SUMMARY: This Emergency Major Substantive Rule adopts a 5% decrease in rates for Agency Home Support per diem as directed by P.L. 2011, Ch. 477, §M-1. 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/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 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: Kevin.Wells@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 7, Regulations for Wildlife in Captivity
ADOPTED RULE NUMBER: 2012-187
CONCISE SUMMARY: In accordance with Public Law Ch. 100, the Commissioner of Inland Fisheries and Wildlife has adopted rules to regulate the importation and possession of wolf hybrids and establish confinement standards. The adopted rule also enacts provisions for the disposition of wolf hybrids found at large.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: July 2, 2012
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .



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: 2012-188 (Emergency)
CONCISE SUMMARY: This emergency rulemaking seeks to implement the use of the Ambulatory Payment Classification (APC) system-based reimbursement for almost all outpatient services, including lab and radiology, for private Non-Critical Access and rehabilitation hospitals, effective July 1. Maine is adopting Medicare methodology and will pay 93% of the Medicare rate. These hospitals will no longer receive any Prospective Interim Payments (PIP). Non-state, public, Non-Critical Access hospitals will still be paid on a percentage of cost basis and will receive an outpatient PIP. Reflecting these changes, the general description of the types of hospitals in Maine and the related reimbursement methodologies will change. Critical Access Hospitals would be exempted from the requirements to count readmissions within 72 hours as part of the initial discharge. 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: July 1, 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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI Maine Public Assistance Manual, Rule #95E: Ch. XI, Post Employment Assistance to Working Families (pages 1-3)
ADOPTED RULE NUMBER: 2012-189 (Emergency)
CONCISE SUMMARY: This Emergency rule implements provisions from LD 1903, Part S, §§ S-1 and S-2, which repeal the former transitional food benefits program, and allow the Department to provide limited transitional food benefits to meet the needs of food supplement benefit recipients living with one or more dependent children under 18 years of age who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under 6 years of age.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF 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) 624-4109. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
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. 323, OFI General Assistance Rules, Rule #10E: Section IV pages 6a, 8; Section XIII pages 36-39
ADOPTED RULE NUMBER: 2012-190 (Emergency)
CONCISE SUMMARY: This rule implements provisions from the Act To Make Additional Supplemental Appropriations and Allocations for the Fiscal Year 2012 and 2013 Biennial Budget:
A. Reduces the maximum level of assistance to 90% of the maximum level of assitance in effect on April 1, 2012 for the period of July 1, 2012 to June 30, 2013.
B. Implements a 9-month time limit to housing assistance provided in this Chapter for the period of July 1, 2012 to June 30, 2013.
C. Reduces the reimbursement rate for qualifying municipalities from 90% to 85% for the period of July 1, 2012 to June 30, 2013.
D. Changes the location of two paragraphs within this Chapter to to improve clarity regarding reqarding timely requests for reimbursement.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Dave MacLean, Program Manager, General Assistance, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4138. TTY: (800) 606-0215. E-mail: Dave.Maclean@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
E-mail: 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 and III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2012-191 (Emergency)
CONCISE SUMMARY: On May 16, 2012, the Department of Health and Human Services (DHHS) proposed rulemaking for Ch. II and III Section 65, Behavioral Health Services, proposing to require providers to: (1) employ or contract a Medical Director; and (2) change several HCPC codes to CPT codes. The Department received a significant number of comments from various providers and advocates across the state emphasizing the considerable administrative burden this rulemaking would cause for their agencies. After considering the comments, the Department has decided not to adopt these provisions of the proposed rule.
In order to comply with section M-1 of the 1st Supplemental Budget P.L. 2011, ch. 477, Parts M-1 and EE-1, the Department is adopting this emergency rule that will continue a rule provision previously adopted via emergency on April 1, 2012 and proposed on May 16, 2012 that reduced the weekly rate for Opioid Treatment (Methadone) from $72.00 to $60.00 per week. The Department is adopting a second emergency rule because portions of the first emergency rule, effective April 1, 2012, need to be retained, while other parts can be proposed through routine rulemaking.
Through this emergency rule, the Department is eliminating language indicating that “Only Mental Health Agencies who are also Private Special Purpose Schools are allowed to provide Children’s Behavioral Health Day Treatment.” The elimination of this language will allow other types of providers to provide Children’s Behavioral Health Day Treatment.
The Department is also requesting to revise the modifiers and rates for codes H2021-Comprehensive Community Support Services-Functional Family Therapy and G9007-Collateral Services-Functional Family Therapy in order to assure that providers can bill and are paid appropriately for services rendered. This change is a benefit to the providers.
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, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (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: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Rule, Amendment 9
ADOPTED RULE NUMBER: 2012-192
CONCISE SUMMARY: This amendment provides the Board with the ability to raise the current maximum loan interest rate from Boston prime rate to Boston prime rate plus 5%, not to exceed 10% in any event. The amendment also requires applicants for vehicle loans under Section 11 to be employed, or actively pursuing completion of an employment training program or “ready for employment”, and limits the amount of a loan under Section 11 to the amount necessary to purchase the vehicle minus $250. The amendment modifies the guarantor requirements for commercial loans, clarifies the definition of a support services provider, and makes other non-substantive changes.
EFFECTIVE DATE: July 8, 2012
AGENCY CONTACT PERSON: Katryn Gabrielson, Counsel to the Board, Kim Wallace Adaptive Equipment Loan Program Fund Board, c/o Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 623-0095. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
WEBSITE: www.famemaine.com .