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May 15, 2013

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: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 545, Producer License and Appointment Fees
PROPOSED RULE NUMBER: 2013-P073
BRIEF SUMMARY: This proposal amends the current rule to eliminate the required payment of insurance producer business entity appointment fees.
DETAILED BASIS STATEMENT / SUMMARY: Title 24-A MRSA §601 sets forth a maximum fee schedule of license and appointment fees payable with respect to insurance producers and other licensees of the Bureau of Insurance. The Superintendent of Insurance has the authority to establish by rule a schedule of lesser fees. This proposal amends the current rule to eliminate the required payment of producer business entity appointment fees.
PUBLIC HEARING: 10:00 a.m. , June 3, 2013, Kennebec Room, Maine Dept. of Professional & Financial Regulation Building, 124 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: 4:30 p.m., June 14, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Thomas Record, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8424. Fax: (207) 624-8590. TTY OR TDD: (888) 577-6690. E-mail: Thomas.M.Record@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Not applicable
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA §§ 212, 601
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose hunting
PROPOSED RULE NUMBER: 2013-P074
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the areas open for moose hunting to include WMD 19 during the season to begin on the first Monday of November and remaining open for 6 day with antlerless only permits being allocated. All other seasons and WMDs will remain unchanged.
There shall be an open season in WMDs 1 – 8, 10, 11 and 19 to begin on the first Monday of November and remaining open for 6 days with antlerless only permits being allocated.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 14, 2013
CONTACT PERSON FOR THIS FILING / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures.
PROPOSED RULE NUMBER: 2013-P075
CONCISE SUMMARY: This rule change is proposed to permanently adopt the provisions within an emergency rule which will expire on June 24, 2013. The federal Patient Protection and Affordable Care Act of 2010 (PPACA) requires the suspension of payments to providers who are the subject of a credible allegation of fraud. This proposed rule defines the term “credible allegations of fraud” and provides for exceptions and appeal procedures consistent with the requirements of the PPACA. As authorized by the State Legislature, this rule provides for a person to request expedited relief from a suspension of payments.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: June 3, 2013, 11:30 a.m. to 1 p.m., Conference Room 1, Department of Health and Human Services, Office of MaineCare Services, 242 State Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 30, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michael J. Dostie, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule change will not impose any additional costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Federal Patient Protection and Affordable Care Act of 2010 (PPACA), Section 6402(h)(2) of the PPACA and 42 CFR Part 455. 23; 22 MRSA §1714-D.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Patient Protection and Affordable Care Act of 2010 (PPACA), Section 6402(h)(2) of the PPACA and 42 CFR Part 455. 23; 22 MRSA §1714-D.
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities.
PROPOSED RULE NUMBER: 2013-P76
CONCISE SUMMARY: The Department is proposing changes to this rule to provide services for members using Home and Community Benefits for the Elderly and for Adults with Disabilities (Section 19) concurrently with the operation of a 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 19 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. Members who receive services under this policy will be provided Non-Emergency Transportation under Section 113 of the MaineCare Benefits Manual. The Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of Non-Emergency Transportation services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of Non-Emergency Transportation drivers to deliver Non-Emergency Transportation services to eligible members who live in their assigned region.
The proposed rule also makes technical changes to language and names when usage has changed or has been deemed inappropriate by the Maine Legislature. Specifically, the changes:
a. Replace references to “mental retardation” with references to “intellectual disability”, as required by P.L. 2012, Ch. 542, §B(5), An Act To Implement the Recommendations of the Department of Health and Human Services and the Maine Developmental Disabilities Council Regarding Respectful Language;
b. Replace references to “Office of Integrated Access and Support” with references to “Office for Family Independence,”;
c. Replace references to “Office of Adults with Cognitive and Physical Disabilities Services” with references to “Office of Aging and Disability Services”; and,
d. Remove “if CMS approves” language, as CMS approved the changes, effective 9/1/10.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: June 3, 2013, 1:00 p.m., Conference Room # 110, Department of Health and Human Services, 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 May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday June 13, 2013.
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 043330011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None known.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorders.
PROPOSED RULE NUMBER: 2013-P077
CONCISE SUMMARY: The Department is proposing a number of unrelated changes to this rule. The Department is proposing changes to the rule to comply with the concurrent operation of a 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 21 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. The proposed change to Section 21 includes referencing the regional, risk-based, pre-paid ambulatory health plan (PAHP) Brokerages operating under a 1915(b) waiver approved by the Centers for Medicare and Medicaid Services (CMS). Under risk-based contractual agreements, the Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of Non-Emergency Transportation (NET) services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of NET drivers to deliver NET transportation services to eligible members who live in their assigned region.
The Department is also proposing other technical changes.
1. The website for The Maine College of Direct Support is being updated to a current link and can be accessed on the internet at: http://www.maine.gov/dhhs/oads/disability/ds/cds/index.shtml .
2. The Department is proposing to add language clarifying that the assessment referral form may be the BMS 99 form currently in use or some other form approved by the Department. This change is in anticipation of a move to a new functional assessment tool, the Supports Intensity Scale (SIS).
3. Requirements for Direct Support Professionals are being added, requiring DSPs to complete four specific modules prior to being left alone with a member.
4. The Department is proposing to delete Appendix IV and replace it with a more simple statement of the combined limits on Work Support and Community Support in the main text of the rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 10:30 a.m., Department of Health and Human Services, 19 Union Street, Conference room #110, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
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
PROPOSED RULE NUMBER: 2013-P078
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is proposing two substantive changes to Ch. III Section 21 of the MaineCare Benefits Manual.
First, the Department is proposing to remove the procedure code for Transportation Services, in order to comply with the concurrent operation of a new 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 21 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. Going forward, members who receive services under the Section 21 waiver will be provided non-emergency transportation through Section 113 of the MaineCare Benefits Manual. Under risk-based contractual agreements, the Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of non-emergency transportation services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of non-emergency transportation drivers to deliver non-emergency transportation services to eligible members who live in their assigned region.
Second, the Department is proposing to add a HCPCS procedure code for Behavioral Consultation, G9007 HI. The proposed reimbursement rate for Behavioral Consultation is $14.85 per fifteen minute unit. The Centers for Medicare and Medicaid have approved the addition of Board Certified Behavior Analyst to provide Behavioral Consultation. Lastly, the Department is also proposing to update several internet addresses that appear through Ch. III Section 21.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 10:30 a.m., Department of Health and Human Services, 19 Union Street, Conference room #110, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 29, Support Services for Adults with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2013-P079
CONCISE SUMMARY: The Department is proposing a number of unrelated changes to this rule. The Department is proposing changes to the rule to comply with the concurrent operation of a 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 29 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. The proposed change to Section 29 includes referencing the regional, risk-based, pre-paid ambulatory health plan (PAHP) Brokerages operating under a 1915(b) waiver approved by the Centers for Medicare and Medicaid Services (CMS). Under risk-based contractual agreements, the Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of Non-Emergency Transportation (NET) services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of NET drivers to deliver NET transportation services to eligible members who live in their assigned region. The Department is also proposing a number of other technical changes.
1. The Department is proposing to add language clarifying that, for purposes of initial and continuing eligibility, the annual cost of a member’s services under the Section 29 waiver may not exceed fifty percent (50%) of the statewide average annual cost of care for an individual in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID), as determined by the Department. The rule will also clarify that reimbursement for Employment Specialist Services is limited to ten hours per month. Neither of these limits is new; each was included in the waiver application approved by CMS, but had not previously been identified in the Section 29 policy.
2. The website for The Maine College of Direct Support is being updated to a current link and can be accessed on the internet at: http://www.maine.gov/dhhs/oads/disability/ds/cds/index.shtml .
3. The proposed rule makes technical changes to language and names when usage has changed or has been deemed inappropriate by the Maine Legislature. Specifically, the changes:
a. Replace references to “mental retardation” with references to “intellectual disability” as required by P.L. 2012, ch. 542, § B(5), An Act To Implement the Recommendations of the Department of Health and Human Services and the Maine Developmental Disabilities Council Regarding Respectful Language;
b. Replace references to “Office of Integrated Access and Support” with references to “Office for Family Independence”;
c. Replace references to “Office of Adults with Cognitive and Physical Disabilities Services” with references to “Office of Aging and Disability Services”;
d. Clarify the definitions of Correspondent, Case manager, Intellectual Disability and Autism. This change is to align this policy with services provided under Section 21 of the MaineCare Benefits Manual; and,
e. Remove language making certain provisions contingent on approval by CMS, as CMS has now granted approval.
4. The Department is proposing to add language clarifying that the assessment referral form may be the BMS 99 form currently in use or some other form approved by the Department. This change is in anticipation of a move to a new functional assessment tool, the Supports Intensity Scale (SIS).
5. Requirements for Direct Support Professionals are being added, requiring DSPs to complete four specific modules prior to being left alone with a member.
6. The Department is proposing language requiring providers to put in place an informed consent policy and comply with the Department’s regulations governing reportable events. These are not new requirements, but had previously been included directly in the contracts between the Department and individual providers.
7. The Department is proposing various clarifications to the planning process.
8. The Department is proposing to delete Appendix III and replace it with a more simple statement of the combined limits on Work Support and Community Support in the main text of the rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 8:00 a.m., Department of Health and Human Services, 19 Union Street, Conference room #110, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §42, §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2013-P080
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is proposing to amend Ch. III Section 29 of the MaineCare Benefits Manual, by removing the procedure code for Transportation Services. This change is necessary to comply with the concurrent operation of a new 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 29 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. Going forward, members who receive services under the Section 29 waiver will be provided non-emergency transportation through Section 113 of the MaineCare Benefits Manual. Under risk-based contractual agreements, the Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of non-emergency transportation services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of non-emergency transportation drivers to deliver non-emergency transportation services to eligible members who live in their assigned region.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DATE AND PLACE OF PUBLIC HEARING: June 3, 2013, 8:00 a.m., Department of Health and Human Services, 19 Union Street, Conference room #110, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2013-P081
CONCISE SUMMARY: This rule is to permit MaineCare members to access transportation services along with their 1915(c) Home and Community Benefits. The Department is proposing changes to this rule to provide services for members with Intellectual Disabilities and Autistic Disorders concurrently with the operation of a 1915(b) Non-Emergency Transportation Waiver. These proposed changes to Section 32 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. Members who receive services under this policy will be provided Non-Emergency Transportation under Section 113 of the MaineCare Benefits Manual. The Department will contract with Broker(s) to establish, manage, authorize, coordinate and reimburse the provision of Non-Emergency Transportation services for eligible MaineCare members. The Broker(s) will be responsible for establishing a network of Non-Emergency Transportation drivers to deliver Non-Emergency Transportation services to eligible members who live in their assigned region.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: June 3, 2013, 3:00 p.m., Department of Health and Human Services, 19 Union Street, Conference room #110, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 20, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
PROPOSED RULE NUMBER: 2013-P082
CONCISE SUMMARY: This proposed rule-making seeks to permanently adopt changes already made on an emergency basis, implementation of a budget savings initiative of LD 250, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. This change reduces reimbursement for leave of absence days awaiting nursing facility placement from thirty-six days in the State’s fiscal year (July 1 through June 30) to one, and for the period March 1, 2013 through July 1, 2013. Hospitals will be reimbursed for only one day of leave of absence for days awaiting nursing facility placement. The Department is seeking approval from the federal Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 8:30 a.m., 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 May 28, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 13, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Derrick Grant, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369, TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013, ch. 1, LD 250, Part A-23; 22 MRSA Ch. 855 §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2013-P083
CONCISE SUMMARY: This proposed rule-making seeks to permanently adopt changes already made on an emergency basis, implementation of a budget savings initiative of LD 250, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. This rule allows reimbursement for a distinct substance abuse unit discharge rate for acute care non-critical access hospitals who meet the standard. The rate is $4,898 per stay. The Department is seeking CMS approval of the state plan for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 9:30 a.m., 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 May 28, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 13, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Derrick Grant, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013, ch. 1, LD 250, Part P; 22 MRSA Ch. 855 §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2013-P084
CONCISE SUMMARY: This rule-making seeks to permanently implement changes made on an emergency basis, a budget savings initiative of LD 250, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. If CMS approves, payment of bed holds for a semi-private room for a short-term hospitalization of the member shall be granted up to four (4) days’ (midnights) absence through June 30, 2013, as long as the member is expected to return to the nursing facility. Effective July 1, 2013, payment for these bed holds shall be granted up to four (4) days’ (midnights) absence during the twelve (12) month state fiscal year (July 1 through June 30) and every state fiscal year thereafter. The Department will also, if CMS approves, reduce reimbursement for a leave of absence from thirty-six days in a twelve-month period to no more than one (1) day in leave of absence from March 25, 2013 through June 30, 2013; and, effective July 1, 2013, one (1) day of leave of absence during the twelve (12) month state fiscal year (July 1 through June 30) and every state fiscal year thereafter. This proposed rule also incorporates additional changes to those made on an emergency basis by removing references to “transportation agency” and replacing it with a new Non-Emergency Transportation (NET) Broker, in order to comply with the new transportation broker program the Department is proposing in Section 113.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: June 3, 2013, 1:00 p.m., 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 May 28, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 13, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Derrick Grant, Comprehensive Health Planner II, MaineCare Services, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013, ch. 1, LD 250, Part A-23; 22 MRSA Ch. 855 §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 113, Non-emergency NET Transportation Services
PROPOSED RULE NUMBER: 2013-P085
CONCISE SUMMARY: On June 6, 2012, the Centers for Medicare and Medicaid (CMS) approved a 1915(b) waiver to provide Medicaid non-emergency medical transportation using a regional risk-based prepaid ambulatory health plan (PAHPS). The waiver ends on June 30, 2013, and the Department is engaged in discussions with CMS to extend the transportation waiver. The CMS approval provided that two provisions of Title XIX of the Social Security Act are waived: (1) Section 1902(a)(4)(single source provider); and (2) Section 1902(a)(23)(Freedom of Choice). MaineCare members eligible to receive non-emergency transportation services under this waiver include members who receive home and community-based services (HCBS) waiver programs.
In developing its waiver application, from late 2010 through 2012, the Department had conducted several meetings regarding MaineCare transportation with stakeholders in various forums. The Department met with the Maine Transportation Association multiple times, presented information to the MaineCare Advisory Committee at monthly meetings throughout the process, consulted with the Federally Recognized Tribes, as well as conducting multiple stakeholder meetings pertaining to the RFP. These meetings included meeting with advocacy groups such as Speak Up for Us, with the local transportation companies and also internal stakeholders in the Maine Department of Transportation.
The Department issued an RFP for this transportation waiver services, and is concluding contracts with several entities, who are known as “Brokers”, and who will provide MaineCare transportation services regionally, throughout the state. The Department will reimburse the Brokers on a per member/per month fee. The Brokers will be responsible for establishing a network of Drivers to deliver the transportation services to MaineCare members who live in their assigned region.
This rule proposes to repeal in its entirety the current Section 113 (Transportation Services), Ch. II and III, and replace it with the proposed rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: June 4, 2013, 11:30 a.m. to 3 p.m., Conference Room #110, 19 Union Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 30, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 14, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Michael J. Dostie, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any adverse impact on municipalities or counties or result in adverse economic impacts on small businesses.
STATUTORY AUTHORITY: 22 MRSA §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 840, Intervenor Funding
ADOPTED RULE NUMBER: 2013-113
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 840 of the Commission’s rules concerning intervenor funding to reflect legislative changes to 35-A M.R.S. §1310
EFFECTIVE DATE: May 18, 2013
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .