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Home > Weekly Rule-making Notices > June 26, 2013

June 26, 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:
10-144 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (MeCDC), jointly with
95-659 - Maine Vaccine Board
CHAPTER NUMBER AND TITLE: Ch. 248, List of Vaccines to be Provided by the Universal Childhood Immunization Program
PROPOSED RULE NUMBER: 2013-P136 and P137
BRIEF SUMMARY: The principal objective of the rule-making 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.
DETAILED BASIS STATEMENT / SUMMARY: The principal objective of the rule is to allow the Board after it conducts a public hearing to consider which vaccines should be covered by the program, to vote either to maintain the current list of vaccines or amend the list.
The rule amends the date by which the Board votes to identify required vaccines rather than requiring the Board to act by January 1st of each year. This rule tracks the statutory requirement that the Board merely vote on the vaccine list on an annual basis. The rule 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: July 16th, 2013 at Burton M. Cross Building - Room 209, 111 Sewall Street, Augusta, ME, from 9 a.m. - 11 a.m.
COMMENT DEADLINE: July 26th, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kathleen M. Mahoney, Comprehensive Health Planner, DHHS – MeCDC - Division of Infections Disease, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9923. E-mail: Kathleen.Mahoney@Maine.gov .
IMPACT ON SMALL BUSINESSES: DHHS has concluded this rule will have no adverse impact on small business
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1066
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES: MeCDC: http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/index.shtml . Maine Vaccine Board: http://www.mevaccine.org/
MeCDC CONTACT PERSON: Christine.Zucas@Maine.gov .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
ADOPTED RULE NUMBER: 2013-139
CONCISE SUMMARY: This adopted rule-making implements 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.
EFFECTIVE DATE: June 23, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2013-140
CONCISE SUMMARY: This rule-making implements a budget 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.
EFFECTIVE DATE: June 23, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2013-141
CONCISE SUMMARY: This adopted rule-making implements 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 rule permanently adopts changes already made on an emergency basis.
This rule also removes references to “transportation agency” and replaces 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. The effective date for this was changed in this adopted version of the rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 23, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. 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), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 122, Rules Governing the Maine Medical Use of Marijuana Program
ADOPTED RULE NUMBER: 2013-142 (Emergency)
CONCISE SUMMARY: In accordance with 5 MRSA §8054, the Department finds that immediate adoption of this emergency rule is necessary to avoid an immediate threat to the public health, safety or general welfare of the people of Maine. To mitigate or alleviate the threat of tainted medical use marijuana production, this emergency rule authorizes the use of minimum-risk pesticides on marijuana plants grown by certified dispensaries and registered primary caregivers.
The emergency rule adds an exception to the rule that currently prohibits the use of all pesticides in order to authorize the use of only the identified minimum-risk pesticides that are exempt from federal registration requirements when a minimum-risk pesticide is authorized by the Maine Board of Pesticides Control (BPC). The federal list of minimum-risk pesticides is already available and implementation would not require additional rule-making by the BPC. Only the MMMP rule needs to be changed.
EFFECTIVE DATE: June 19, 2013
AGENCY CONTACT PERSON: Kenneth Albert, Director, DHHS, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(C), Deer Hunting Seasons: Special Deer Hunting Districts (Antlerless Deer Permits)
ADOPTED RULE NUMBER: 2013-143
CONCISE SUMMARY: In accordance with Title 12, MRSA §11152 sub-§ 3, the Commissioner of Inland Fisheries and Wildlife has adopted antlerless deer permit numbers for the 2013 regular deer hunting season and special muzzle-loading season for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 50 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 80 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 690 permits
WMD 13 – 660 permits
WMD 14 - 0 permits
WMD 15 – 4,455 permits
WMD 16 – 2,855 permits
WMD 17 – 4,515 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 9,700 permits
WMD 21 – 8,265 permits
WMD 22 – 3,280 permits
WMD 23 – 5,390 permits
WMD 24 – 3,150 permits
WMD 25 – 2,760 permits
WMD 26 – 160 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 46,710
EFFECTIVE DATE: June 25, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2013-144
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an amendment to the rule regarding the areas open for moose hunting. WMD 19 is now included 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 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.
EFFECTIVE DATE: June 25, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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: 05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
ADOPTED RULE NUMBER: 2013 -145 (Final adoption, major substantive)
CONCISE SUMMARY: The Department of Education is revising 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;
• Clarify the change in eligibility in Section VII;
• Revise the FAPE choice provision to reflect the State statutory revision of IEP determination;
• Revise the "highly qualified" chart in Section X;
• Add references to the Common Core in the two places that the Maine Learning Results were referenced;
• Modify the case management and caseload language regarding special education teachers;
• Add qualifications for an Assistive Technology Professional and a Board Certified Behavior Analyst; and
• Refine the Dispute Resolution section to be more reader friendly
EFFECTIVE DATE: July 19, 2013
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, State House Station #23, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .