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Home > Weekly Rule-making Notices > August 15, 2012

August 15, 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: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Board of Pesticides Control Rules:
(1) Amendments to Ch. 10, Definitions and Terms
(2) Repeal of Ch. 21, Pesticide Container Disposal and Storage
(3) Amendments to Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
(4) Amendment to Ch. 50, Record Keeping and Reporting Requirements
PROPOSED RULE NUMBERS: 2012-P178 thru P181
BRIEF SUMMARY:
(1) The amendments to Ch. 10 will incorporate interpretive policies to the definitions of Commercial Applicator, Custom Application, Distribute and Spray Contracting Firm. A definition of Government Employee is also added, to clarify the intent of Title 22, 1471-D(9).
(2) The repeal of Ch. 21 is necessary because the statutory mandate for a restricted-use pesticide container deposit system was repealed by PL 2011, Ch. 510.
(3) The amendments to Ch. 27 are to address weaknesses and incorporate improvements that were identified during an evaluation of the rule requested by the Legislature in Resolve 2011, Ch. 59.
(4) The amendments to Ch. 50 will remove the reporting requirements associated with the restricted-use pesticide container deposit system which will no longer be necessary because of the repeal of Ch. 21 (above).
PUBLIC HEARING: Friday, September 7, 2012, 8:30 am, Room 233, Deering Building, 90 Blossom Lane, Augusta
COMMENT DEADLINE: 5:00 pm, Friday, September 28, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Henry Jennings, Board of Pesticides Contron, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE:
Ch. 10, Title 22, Ch. 258-A
Ch. 21, PL 2011, Ch. 510
Ch. 27, Title 7, Sections 601-625 and 22, Sections 1471-A-X
Ch. 50, Title 22, Ch. 258-A, Sections 1471-G, M and R
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products (Citizen initiated petition to amend Sections 2 and 5)
PROPOSED RULE NUMBER: 2012-P182
BRIEF SUMMARY: The Maine Administrative Procedure Act, 5 MRSA §8055(3) states, “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”
The citizen petition seeks to amend Ch. 882 Designation of Bisphenol A (BPA) as a Priority Chemical and Regulation of Bisphenol A in Children’s Products to:
* Add a definition of “toddler food;”
* Extend the existing prohibition on the sale of children’s products containing BPA to include containers of infant food and baby formula, effective January 1, 2013, and containers of toddler food, effective January 1, 2014; and
* Specify that BPA is intentionally added to a product or product packaging whenever a component of that product or product packaging is made from polycarbonate plastic or epoxy resin containing BPA.
The proposed rule would amend both routine technical and major substantive provisions of rule. Accordingly, the hearing will be a joint hearing before the Board and the Commissioner.
PUBLIC HEARING: Thursday, September 6, 2012 beginning at 9:00 a.m. at the Augusta Civic Center, 76 Community Drive, Augusta, Maine. Following an introduction by the petitioners, the Board anticipates that it will hear testimony beginning with technical experts followed by testimony from the general public. The rule amendments as proposed by the petition and the petitioners’ supporting documents are available on the Board’s webpage at http://www.maine.gov/dep/bep/index.htm .
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5:00 pm September 28, 2012. Comments may be submitted by mail, electronic mail or fax. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Kerri Malinowski, Maine Department of Environmental Protection, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 215-1894. Fax: (207) 287-7826. E-mail: Kerri.Malinowski@Maine.gov .
Department website for rulemaking information: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THE RULE: 5 MRSA §8055(3), 38 MRSA §341-H, and 38 MRSA §1696.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 323, OFI General Assistance Rules, Rule #10P: Section IV pages 6a, 8; Section XIII pages 36-39
PROPOSED RULE NUMBER: 2012-P183
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.
PUBLIC HEARING: none
DEADLINE FOR COMMENTS: September 14, 2012
AGENCY CONTACT PERSON: Dave Maclean, 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) 624-4138. TTY: (800) 606-0215. E-mail: Dave.Maclean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2011, Ch. 655, §§ R-1 to R-3; 22 MRSA §42
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine
PROPOSED RULE NUMBER: 2012-P184
CHAPTER NUMBER AND TITLE: Ch. 325, New Markets Capital Investment Program, Amendment 1
BRIEF SUMMARY: The amendment is necessary to implement legislative changes to the program, made by PL 2012, c. 657, Pt. P, §P-1, and by PL 2012, c.563, §13. Changes expand the maximum amount of qualified equity investments from $10 million to $40 million for certain manufacturing or value-added production enterprises that project to create or retain more than 200 jobs and the definition of Qualified active low-income community business to include businesses in parts of the state that have experienced unemployment rates above the state average for the year prior to the date of the investment. A clarifying change was also made related to the Credit Allowance date.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: September 14, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Christopher H. Roney, FAME, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §1100-Z; 36 MRSA §5219-HH
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.famemaine.com .



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2012-P185
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
BRIEF SUMMARY: The proposed rule changes the enrollment threshold for filing required health care claims data from 50 to 200 Maine residents. In addition, changes are being made for clarification and alignment with current industry standards, specifically ASC X12N Standards for Electronic Data Interchange v5.1 and the National Council for Prescription Drug Programs (NCPDP) Uniform Healthcare Payer Data Standard v1.0. These changes are anticipated to save healthcare claims data submitters time and resources. There is no fiscal impact on state municipalities, counties or businesses. Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: September 6, 2012, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 17, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6714. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities, counties, or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §8704, sub-§4 and §8708, sub-§6-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2012-P186
CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
BRIEF SUMMARY: This proposed rule amendment will change the format of filing hospital financial data to the MHDO from paper copies to electronic copies. It also eliminates the requirement of sending a copy of the “as filed” version of the Medicare cost report to the MHDO. There is no fiscal impact on state municipalities, counties or businesses. Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: September 6, 2012, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 17, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6714. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities, counties, or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA, Ch. 1683, §8704, sub-§4 and §8709
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2012-P187
CONCISE SUMMARY: This rule is being proposed, in part, to comply with Public Law 2011, Ch. 477 (the Maine State Supplemental Budget), passed by the 125th Maine State Legislature and signed into law by Governor Paul R. LePage on February 23, 2012, section M-1 of which required that MaineCare Services reduce reimbursement of Opioid Treatment (Methadone) from $72.00 per week to $60.00. This change is currently in effect through an emergency rule, effective June 29, 2012.
Additionally, this proposed rule includes changes not related to the Supplemental Budget, but necessary to provide clarity to providers, remove outdated information and to achieve compliance with national correct coding standards.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: September 4, 2012, 12:00 p.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 below before August 28, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 14, 2012.
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II / Policy Writer, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on Municipalities or Counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173. Public Law 2011, Ch. 477, LD 1816, Maine State Supplemental Budget
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
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 80, Pharmacy Services
PROPOSED RULE NUMBER: 2012-P188
CONCISE SUMMARY: This rule is being proposed, in part, to reduce reimbursement for retail pharmacy providers pursuant to administrative savings initiative associated with the 2012 Department of Health and Human Services (DHHS) Supplemental Budget. The reimbursement methodology will be of Average Wholesale Price (AWP) minus sixteen percent (16%). Additionally, the proposed rule will, consistent with previous emergency rules, increase the dispensing fee paid to mail order pharmacies from one dollar ($1.00) per prescription to two dollars and fifty cents ($2.50).
The Department is proposing a portion of this rule in accordance with Part BB-l of the 2012 Supplemental Budget requiring that MaineCare Services impose a mandatory substitution for a brand-name drug of a generic and therapeutically equivalent drug as required by the Maine Revised Statutes, Title 32, section 13781, with certain exceptions.
The criteria regarding prescription medications utilized for managing weight or enhancing nutrient intake will be revised. The proposed rule will add language to further clarify the documentation that may be requested by the Department when processing prior authorization requests for opioids or narcotic prescription medications. Additionally, the proposed rule will add criteria for early refills for mail order prescriptions in excess of a ninety percent (90%) threshold. Wholesale Acquisition Cost (WAC) will be added as a reimbursement methodology for generic, brand-name and specialty prescription medications.
The proposed rule will add language to indicate that a provider may bill for generic drugs based on the Federal Upper Limit (FUL) if it is the lowest form of reimbursement of those methodologies listed in the rule, unless the Department meets FUL in the aggregate, which is automatically calculated at the point of service.
The proposed rule will add language to include the coverage of 340B prescription medications, the process for reimbursement of 340B medications and the enrollment instructions for those providers eligible to enroll in the 340B drug program. In addition, the fee for compound medications that are stock supply and those that are solutions or lotions involving no weighing has been eliminated. This change provides clarity for providers. The CMS 1500 claim form has been revised and now allows for more than one National Drug Code (NDC) to be included on an individual claim; the Department proposes adding language to require that the NDC for each active and inactive ingredient and the corresponding quantity used for each ingredient be included on the claim form. Finally, the proposed rule will remove section 80.09-2, Returned Reusable Drugs for Retail Pharmacy Providers. This program was previously tied to a budget initiative However, since the implementation of the Medicare Prescription Drug Benefit (Medicare Part D), there is no longer any savings associated with this program.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: September 4, 2012, 3:00 p.m., Conference Room # B, Department of Health and Human Services, 41 Anthony Avenue, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 28, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 14, 2012.
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II / Policy Writer Office of MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173. Public Law 2011, Ch. 477, Section BB-1 Maine State Supplemental Budget
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
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
PROPOSED RULE NUMBER: 2012-P189
CONCISE SUMMARY: This proposed rulemaking seeks to permanently adopt changes already made on an emergency basis that implemented 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). 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.
PUBLIC HEARING: September 4, 2012, 9:30 a.m., Conference Room # 300, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 28, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 14, 2012.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf or 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)
RULE TITLE OR SUBJECT: Ch. 332, OFI MaineCare Eligibility Manual, Rule #261P: Part 3, Categorically Needy Families with Children Related Coverage; Part 4, Family Related Budgeting; Part 8, Medicare Buy-In (Medicare Savings Program)
Reduction in Income Limit for Parent/Caretaker Relative Coverage, Reduction of Coverage for 19 & 20 Year-Olds, and Reduction in Income Limit for Medicare Savings Program
PROPOSED RULE NUMBER: 2012-P190
CONCISE SUMMARY: The Maine Legislature, in P.L. 2011, ch. 657, Parts Z, GG and HH, mandated that, effective October 1, 2012, subject to federal government approval, the following MaineCare eligibility reduction changes must be made to the Maine Medicaid program: This proposed rule reduces the income limit for Family-Related, Social Security Act §1931 MaineCare eligibility from 150% to 100% of the Federal Poverty Level (FPL) for parents and caretaker relatives, and eliminates MaineCare coverage for parents and caretaker relatives with income between 150% and 200% FPL. This proposed rule also reduces coverage of individuals ages 19 and 20 so that only 19 and 20 year olds who are independent foster care adolescents and state adoption children will continue to be eligible for MaineCare coverage. It also reduces the income limit for the Medicare Savings Program by 10% FPL for each group: the income limit for the Qualified Medicare Beneficiary (QMB) benefit is reduced from 150% to 140% FPL; the income limit for Specified Low-Income Beneficiary (SLMB) benefit is reduced from 170% to 160% FPL; and the income limit for the Qualifying Individual (QI) benefit is reduced from 185% to 175% FPL. This proposed rule also makes several technical and clarifying changes throughout Parts 3, 4 and 8. These are formatting changes and rephrasing of text to clarify and correct imprecise, confusing, or ambiguous language.
Under state law (P.L. 2011 ch. 657) and federal Medicaid law, the changes set forth in these proposed rules cannot be implemented until the Department has received federal approval. The Department has sought federal approval to amend its State plan.
If the Department does not receive federal approval prior to October 1, 2012, the Department will abandon this rulemaking, and the Commissioner will not adopt these rules.
PUBLIC HEARING: 9:00 a.m., September 4, 2012, 19 Union Street, Augusta, Maine
DEADLINE FOR COMMENTS: Midnight, September 14, 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
STATUTORY AUTHORITY: 22 MRSA §§ 42(1), 3173; P.L. 2011, ch 657, Part Z, §Z-1, Part GG, §GG-1, Part HH §HH-2; P.L. 2011, ch. 657, §§ Z-2, GG-2 and HH-3; APA, Title 5, Section 8052(6); 1902(a)(10)(A)(ii)(XVII) and 1905(w) of the Social Security Act
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)
RULE TITLE OR SUBJECT: Ch. 333, Low Cost Drugs for the Elderly and Disabled, Rule #262P: Reduction in Income Limit for Low Cost Drugs for the Elderly and Disabled
PROPOSED RULE NUMBER: 2012-P191
CONCISE SUMMARY: This proposed rule implements Public Law 2011, ch. 657, Part HH, §HH-1 which directs the Department to amend the eligibility rules for the Low Cost Drugs for the Elderly and Disabled (DEL) program effective October 1, 2012. This proposed rule reduces the income limit for the DEL program from 185% to 175% of the Federal Poverty Level (FPL). This proposed rule also makes several technical and clarifying changes throughout Ch. 333. These are formatting changes and rephrasing of text to clarify and correct imprecise, confusing, or ambiguous language.
PUBLIC HEARING: 9:00 a.m., September 4, 2012, 19 Union Street, Augusta, Maine
DEADLINE FOR COMMENTS: Midnight, September 14, 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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
STATUTORY AUTHORITY: 22 MRSA §§ 42(1), 3173; P.L. 2011, ch. 657, Part HH, §HH-1
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 03-201 – Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 29.01, Prisoner Grievance Process, General
ADOPTED RULE NUMBER: 2012-220
CONCISE SUMMARY: This separates the general grievance policy for prisoners of the DOC adult facilities from the general grievance policies for residents of the DOC juvenile facilities and for DOC community corrections clients. It also changes the procedures for informal resolution of grievances, extends some time lines, provides for the speedier disposition of grievances not meeting procedural requirements, and provides for indefinite suspension of grievances privileges of prisoners who repeatedly abuse the process, as well as makes a number of other changes to streamline the grievance process.
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 29.02, Prisoner Grievance Process, Medical and Mental Health Care
ADOPTED RULE NUMBER: 2012-221
CONCISE SUMMARY: This separates the medical and mental health care grievance policy for prisoners of the DOC adult facilities from the medical and mental health care grievance policy for residents of the DOG juvenile facilities. It also changes the procedures for informal resolution of grievances, extends some time lines, provides for the speedier disposition of grievances not meeting procedural requirements, and provides for indefinite suspension of grievances privileges of prisoners who repeatedly abuse the process, as well as makes a number of other changes to streamline the grievance process.
CHAPTER NUMBER AND TITLE: Ch. 12 Subsection 29.01, Resident Grievance Process, General
ADOPTED RULE NUMBER: 2012-222
CONCISE SUMMARY: This separates the general grievance policy for residents of the DOC juvenile facilities from the general grievance policy for prisoners of the DOC adult facilities. It also changes the procedures for informal resolution of grievances, extends some time lines, and provides for the speedier disposition of grievances not meeting procedural requirements.
CHAPTER NUMBER AND TITLE: Ch. 12 Subsection 29.02, Resident Grievance Process, Medical and Mental Health Care
ADOPTED RULE NUMBER: 2012-223
CONCISE SUMMARY: This separates the medical and mental health care grievance policy for residents of the DOG juvenile facilities from the medical and mental health care grievance policy for prisoners of the DOG adult policies. It also changes the procedures for informal resolution of grievances, extends some time lines, and provides for the speedier disposition of grievances not meeting procedural requirements.
CHAPTER NUMBER AND TITLE: Ch. 13 Subsection 29.01, Community Corrections Client Grievance Process, General
ADOPTED RULE NUMBER: 2012-224
CONCISE SUMMARY: This separates the community corrections grievance policy from the grievance policies for persons incarcerated with the DOC. It also eliminates the procedures for informal resolution of grievances, extends some time lines, provides for the speedier disposition of grievances not meeting procedural requirements and provides for the indefinite suspension of grievance privileges of clients who repeatedly abuse the process.
EFFECTIVE DATE: August 15, 2012
AGENCY CONTACT / RULE-MAKING LIAISON: Kelene Barrows, Department of Corrections, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .