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Home > Weekly Rule-making Notices > October 31, 2012

October 31, 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: 12-150 - Department of Labor, Division for the Blind and Visually Impaired
CHAPTER NUMBER AND TITLE: Ch. 101, Vocational Rehabilitation Services for Individuals who are Blind or Visually Impaired
PROPOSED RULE NUMBER: 2012-P255
BRIEF SUMMARY: The Maine Division of Blind and Visually Impaired (DBVI) Vocational Rehabilitation (VR) program assists eligible individuals who have a visual impairment to prepare for and achieve an employment outcome. The proposed amendments reflect changes that result from clarifications in the appeals process and reasons for closures for the Vocational Rehabilitation services. Existing rules include minor proposed changes including: 1. changing ‘disability’ to ‘visual impairment;’ 2. adding a section to outline time frames; and 3. specifying the time-frames & duration for Post-Employment Services. The proposed major change, regarding closure, strikes the original language and inserts a new section that is consistent with existing rules in other VR program rules within the Department of Labor (DOL.)
DETAILED BASIS STATEMENT / SUMMARY: The Maine DBVI Vocational Rehabilitation (“VR”) program assists eligible individuals who have a visual impairment (and in addition may include physical and/or mental impairment) prepare for and achieve an employment outcome.
The proposed minor technical changes to these existing rules address the following:
* Changes the term disability to ‘visual impairment’ throughout the document to better reflect the intent of the legislation.
* Clarifies that Counselors are DBVI VR Counselors throughout the document
* In Section 3, DBVI VR Appeals Process, adds a section to outline Time Frames. “Formal appeal must take place within 60 days from when the formal request is made to the Director.” Further clarifies the mediation process and changes ‘Judicial Review’ to ‘Civil Action.’
* In Section 5, adds ‘an appraisal of the person’s blindness-specific skills related to competent and independent functioning’ to the existing Comprehensive Assessment of Rehabilitation Needs (CARN)
* In Section 9, paragraph 5, Section C(4), adds SCHOLARSHIPS for students who must already apply for Federal Financial Student Aid.
* In Section 9, paragraph 10, specifies that time-frames for Post-Employment Services are limited in scope of two or less services and duration of no more than a year. If more comprehensive services are required, and there is a new disabling condition and/or it has been longer than three years since the case was closed successfully, then a new application for DBVI services should be considered.
Proposed major change is in Section 10, regarding Closure, striking the original language and inserting a new section. The changes, particularly those regarding “Individual Refuses to Cooperate or Participate,” were made at the recommendation of the Client Assistance Program (CAP). This recommended change was also supported by the DBVI State Rehabilitation Council (SRC). This change also makes the Closure portion of the DBVI rules consistent with other VR program rules within the Department of Labor (DOL.)
The CAP is funded with federal dollars from the Rehabilitation Services Administration and is mandated by the Rehabilitation Act. CAP acts as an advocacy entity that protects client rights related to their participation in the federal VR program. The SRC is a mandated advisory group that advises the Director of the state VR agency on issues related to the quality and delivery of its services.
The CAP Advocate recommended this change following a review of one of DBVI’s long-term cases (in excess of 10 years). The case record contained many documented instances where the client was not actively participating in many of their Individual Plans for Employment, which they had agreed to and signed. DBVI had attempted to close this case, but the CAP agency found that the case could not technically be closed without this recommended reason for closure being in our rules.
PUBLIC HEARING: Wednesday, November 21, 2012 from 1:30 – 3:00 p.m., Francis Perkins Conference Room, Department of Labor, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Monday, December 3, 2012 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / LABOR RULE-MAKING LIAISON: Susan Wasserott, Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5096. Fax: (207) 287-5292. E-mail: Susan.Wasserott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §1418-C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/rehab/dbvi/index.shtml .



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #12-12
PROPOSED RULE NUMBER: 2012-P258
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 .
PUBLIC HEARING: November 26, 2012, Monday, starting at 9:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 26, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954<


AGENCY:
95-659 - Maine Vaccine Board, a joint rule with
10-144 – Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 248, List of Vaccines to be Provided by the Universal Childhood Immunization Program
PROPOSED RULE NUMBER: 2012-P259, P260
BRIEF SUMMARY: The principal objective of the rulemaking is to allow the Board, after it conducts a public hearing to consider which vaccines should be covered by the Program, to vote to either maintain the current list of vaccines, or amend the list. The governing statute, 22 MRSA §1066, requires the Board to review the vaccines covered by the Program on an annual basis.
The proposed rule would also amend the date by which the Board votes to identify required vaccines. Presently the Rule requires the Board to act by January 1st of each year. The amendment proposed tracks the statutory requirement that the Board merely vote on the vaccine list on an annual basis. The rule revision also establishes a mechanism for a party aggrieved by a Board decision to seek administrative review. In addition to establishing the required list of pediatric vaccines under the Immunization Program, the Board also determines assessments to be imposed upon assessed entities each year, the proceeds from which support the acquisition of the pediatric vaccines. Since the Maine Vaccine Board is an independent executive agency charged with governing the Universal Childhood Immunization Program, the Board would need to establish its own process for administrative fair hearings. Although DHHS is required to administer the Program, any fair hearing requests would go not to the DHHS Office of Administrative Hearings, but rather to an administrative process established by the Maine Vaccine Board.
PUBLIC HEARING: November 20th, 2012 at Maine Health in the Board Room from 9 a.m. – 9:30 a.m., 110 Free Street, Portland, ME 04101. Telephone: (207) 661-7001
COMMENT DEADLINE: November 30, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kathleen M. Mahoney, Department of Health and Human Services – MaineCDC, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9923. E-mail: Kathleen.Mahoney@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1066
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
MAINE VACCINE BOARD WEBSITE: http://www.mevaccine.org/ .
MaineCDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
MaineCDC RULE-MAKING LIAISON: Christine.Zukas@Maine.gov .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
RULE TITLE OR SUBJECT: Ch. 4, Maine Motor Carrier Safety Regulation
PROPOSED RULE NUMBER: 2012-P261
BRIEF SUMMARY: The amendment of Ch. 4 is being proposed to ensure the regulation is in compliance with PL 2011, c. 455, “An Act Regarding the Use of Methadone by Operators of Commercial Motor Vehicles.” In addition, edits are made to the regulation to ensure for compliance/consistency with the provisions 29-A MRSA §555, sub-§2, ¶C.
PUBLIC HEARING: Monday, November 19th, 2012 at 10 a.m. at the Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042
COMMENT DEADLINE: By 5 p.m. of the eleventh (11th) business day following the day of the public hearing.
CONTACT PERSON FOR THIS FILING: Maine State Police, Lt. Shawn Currie, 42 State House Station, Augusta, ME 04333. Telephone: (207) 624-8932. E-mail: Shawn.D.Currie@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: Not anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §555
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dps/msp/ .
DPS RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
PROPOSED RULE NUMBER: 2012-P262
BRIEF SUMMARY: The Department of Education is proposing revisions to the Ch. 101 regulations to address the following:
* Change all references to the CDS regional site Boards which no longer exist throughout the rule;
* Add specific Part C new regulation language regarding evaluation and assessment, transition to an IEP, qualified personnel for nutrition and vision services, and policies related to public and private insurance;
* Add language about who is responsible for CHILDFIND and FAPE at Governor Baxter, Education in the Unorganized Territory, Maine School of Math and Science, and Charter schools;
*Clarified the change in eligibility in Section VII;
* Revised the FAPE choice provision to reflect the State statutory revision of IEP determination;
* Revised the “highly qualified” chart in Section X; and
* Added references to the Common Core in the two places that the Maine Learning Results were referenced;
* Modified the case management and caseload language regarding special education teachers;
* Added qualifications for an Assistive Technology Professional and a Board Certified Behavior Analyst; and
* Refined the Dispute Resolution section to be more reader friendly
PUBLIC HEARING: November 20, 2012, Room 500 of the Cross State Office Building, Augusta, ME, from 11 a.m. - 1 p.m.
COMMENT DEADLINE: December 26, 2012 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Joanne C. (Jaci) Holmes, Federal State Legislative Liaison, Maine Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Cell (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §7005(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Individuals with Disabilities Education Act [IDEA]
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2012-P263
CHAPTER NUMBER AND TITLE: Ch. 601, Maine State Grant Program, Amendment 11
BRIEF SUMMARY: The rule amendment primarily conforms the rule to the program changes made by P.L. 2011, c.642 (An Act to Implement the Recommendations of the Stakeholder Group To Review the Maine State Grant Program). Certain other changes include (a) elimination of “advanced funding” payment procedures; (b) removal of FAFSA application date of May 1 in favor of a deadline to be established annually by the Authority; and (c) elimination of certain certifications required of institutions. To be effective January 1, 2013.
DETAILED BASIS STATEMENT / SUMMARY: The rule amendment primarily conforms the rule to the program changes made by P.L. 2011, c.642 (An Act to Implement the Recommendations of the Stakeholder Group To Review the Maine State Grant Program). Eligible institutions of higher education no longer include out-of-State schools, except an institution attended by a Maine student participating in the New England Board of Higher Education’s New England Regional Student Program and eligible for the Tuition Break. The maximum period for which a student may receive a grant is redefined as ten semesters or the equivalent. Priority funding of full-time students is removed. The Authority may award grants to 2nd, 3rd, and 4th - year students in amounts which are greater than the amount awarded to 1st - year students. Certain other changes include (a) elimination of the “advanced funding” payment procedures; (b) removal of the FAFSA application date of May 1 in favor of a deadline to be established annually by the Authority; (c) elimination of certain certifications required of institutions; and (d) updates to certain references to federal law and regulation. The effective date of the amendment will be January 1, 2013. A copy of the rule amendment may be obtained from Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949; kgabrielson@famemaine.com; Tel: 207-620-3515; Fax: (207) 623-0095; TTY: (207) 626-2717; or www.famemaine.com .
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: November 30, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A(14), 20-A MRSA §11617(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: See above.
FAME RULE-MAKING LIAISON: croney@famemaine.com .



AGENCY: 10-144 - Department of Health and Human Services, MaineCDC, WIC Program
CHAPTER NUMBER AND TITLE: Ch. 286, Maine WIC Program Rules
PROPOSED RULE NUMBER: 2012-P264
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lisa Hodgkins, MeCDC WIC Nutrition Program, State House Station #11, 286 Water Street, Augusta, Maine 04330. Telephone: (207) 287-5342. E-mail: Lisa.Hodgkins@Maine.gov .
PUBLIC HEARING: November 19, 2012 – 1 p.m., DHHS Building, 19 Union Street, Room 110, Augusta, ME 04333.
COMMENT DEADLINE: November 29, 2012
BRIEF SUMMARY: The MeCDC WIC Nutrition Program has amended the current rules to reflect changes to the program as outlined in Public Law 512. The law instructs the Department to adopt rules defining prohibited conduct under the program and to establish penalties for such conduct. The rules address prohibited conduct by the vendor, provider or the participant.
The amended rules also reflect program changes that align with the updated program policies and the Request for Proposal that was awarded in 2012 for local agency WIC clinic services.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 1951, 3107
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/recovery/projects/mecdc-wic.shtml .
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 #11-12
ADOPTED RULE NUMBER: 2012-293 (Emergency)
CONCISE SUMMARY: Minimum November 2012 Class I price is $23.95/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $27.63/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: November 04, 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: Mari.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 & III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2012-294
CONCISE SUMMARY: This rule is being adopted, 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.
Finally, this adopted rule also includes several changes that are not related to the Supplemental Budget, but are 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.
EFFECTIVE DATE: October 31, 2012
AGENCY CONTACT PERSON: Ann O’Brien, Policy Writer/Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.O’Brien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2012-295
CONCISE SUMMARY: This rule amendment 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 made for the purpose of saving healthcare claims data submitters time and resources. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: October 31, 2012
AGENCY CONTACT PERSON / MHDO RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. TELEPHONE: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
ADOPTED RULE NUMBER: 2012-296
CONCISE SUMMARY: This 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. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of this rule can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: October 31, 2012
AGENCY CONTACT PERSON / MHDO RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. TELEPHONE: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules for the Award of Contracts for Services
ADOPTED RULE NUMBER: 2012-297
CONCISE SUMMARY: This rule-making amends the Rules for the Award of Contracts for Services to include guidance on sole source or emergency procurement and to include policies and procedures to be used in the selection of vendors designed to ensure that the Authority secures the best value in its procurements in compliance with 5 MRSA c. 379 sub-c.3, §12022-3
EFFECTIVE DATE: October 31, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Shirley M. Erickson, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103. Telephone: (207) 400-3011. E-mail: serickson@mela.net .
WEBSITE: http://www.mela.net/ .