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Home > Weekly Rule-making Notices > July 10, 2013

July 10, 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: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program
PROPOSED RULE NUMBER: 2013-P146
BRIEF SUMMARY: The amendment eliminates certain non-commercial lenders from the definition of an eligible lender under the program.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: August 10, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com . Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §969-A(14) and 1026-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 325, New Markets Capital Investment Program
PROPOSED RULE NUMBER: 2013-P147
BRIEF SUMMARY: The amendment clarifies that QLICI must be made prior to the Authority certifying the QEI for investment credits. The amendment also implements certain legislative changes which were made by PL 2013 ch. 75, changing the program limit from $40 million and $40 million per QLICB to $10 million and $40 million per distinct project undertaken by a QLICB.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: August 10, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com . Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §1100Z; 36 MRSA §5219-GG
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry
RULE TITLE OR SUBJECT: Amendment to Ch. 266, Hemlock Woolly Adelgid Quarantine
PROPOSED RULE NUMBER: 2013-P148
CONCISE SUMMARY: This proposed rule modifies the existing Hemlock Woolly Adelgid quarantine by adding 81 towns in Maine and additional counties in other states that have been found to be infested with this pest to the area under quarantine. It also removes logs from the list of regulated articles and simplifies some of the reporting requirements imposed on State Plant Regulatory Officials in states that are free of this pest.
PUBLIC HEARING: July 31, 2013 at 3:00 at ME Department of ACF, 319 Deering Building, Augusta ME 04333
DEADLINE FOR COMMENTS: 4:00 p.m. on Saturday, August 10, 2013
AGENCY CONTACT PERSON: E. Ann Gibbs, State Horticulturist, Division of Plant Industry, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3891. Fax: (207) 287-7548. E-mail: Ann.Gibbs@Maine.gov . Website: http://www.maine.gov/agriculture/horticulture/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA ch. 409 §§ 2301-2303
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


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 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2013-154 (Emergency)
CONCISE SUMMARY: This emergency rule eliminates Private Non-Medical Institution Services (PNMI), Appendix D (Child Care Facilities), Model 3 (Intensive Mental Health Services for Infants and/or Toddlers). The reimbursement rate is being eliminated in a separate emergency rule-making for Ch. III Section 97. Although eligible infants and toddlers will no longer be able to access PNMI Appendix D, Model 3 intensive mental health services, they will be eligible for medically necessary behavioral health services through Section 65, Behavioral Health Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents
EFFECTIVE DATE: June 26, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, 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.Obrien@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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2013-155
CONCISE SUMMARY: This emergency rule will adopt a legislative initiative of P.L. 2013, Ch. 368 §WWWW-1 (L.D. 1509, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2013, June 30, 2014 and June 30, 2015). The amended rule restores the reimbursement rates for licensed clinical professional counselors (LCPCs) and licensed marriage and family therapists (LMFTs) to levels in place prior to March 1, 2013 for MaineCare Benefits Manual, Ch. III Section 65, Behavioral Health Services, beginning July 1, 2013. This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS). The Department will request approval of a State Plan Amendment.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, MaineCare Services, 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.Obrien@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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2013-156 (Emergency major substantive)
CONCISE SUMMARY: This emergency rule eliminates the reimbursement rate for PNMI Appendix D (Child Care Facilities), Model 3 (Intensive Mental Health Services for Infants and/or Toddlers), because that service is being eliminated in a separate emergency rule-making for Ch. II Section 97. Although eligible infants and toddlers will no longer be able to access PNMI Appendix D, Model 3 intensive mental health services, they will be eligible for medically necessary behavioral health services through Section 65, Behavioral Health Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner, 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.Obrien@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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2013-157 (Emergency)
CONCISE SUMMARY: This emergency rule-making, effective July 1, 2013, seeks to implement provisions in the 2014-15 budget law (P.L. 2013 ch. 368 - LD 1509). Specifically, this rule-making will:
a) increase the reimbursement rate per psychiatric discharge for members under 18 years of age from hospitals in the Lewiston-Auburn area to $9,128.31; and
b) reduce the outpatient Ambulatory Payment Classification (APC) rate for Acute Care Non-Critical Hospitals and Rehabilitation Hospitals from 93% to 83.7% of the adjusted Medicare APC rate for outpatient services; if multiple procedures are performed, the Department will pay 83.7% — rather than 93% — of Medicare's single bundled APC rate; calculations for outlier payments will follow Medicare rules and also be paid at 83.7% — rather than 93 % — of the Medicare payment.
The rule-making also corrects two clerical errors: (1) page 15, the proper heading should be "Section 45.04 Acute Care Critical Access Hospitals;" and (2) on pages 11 and 18, removes "un" from "unadjusted" so the proper word is "adjusted."
The Department is seeking approval from the 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: July 1, 2013
AGENCY CONTACT PERSON: Peter Kraut, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf /Hard of Hearing)
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.
ADOPTED RULE NUMBER: 2013-158
CONCISE SUMMARY: The Department is adopting a major substantive final rule, Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder, adopting a 5% reduction in Agency Home Support. The change in reimbursement was directed by the Maine Legislature in P.L. 2011 ch. 477 §M-l. This final rule was approved by the Legislature in Resolves 2012 ch. 15. This rule will be effective 30 days after the final filing with the Secretary of State.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 1, 2013
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing)
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
ADOPTED RULE NUMBER: 2013-159
CONCISE SUMMARY: The Rule, as repealed and replaced, establishes standards for the Home Energy Assistance Program for the State of Maine. The Rule provides fuel assistance and energy crisis intervention to low-income eligible households. The Rule also establishes standards for the HEAP Weatherization and Central Heating Improvement Programs.
EFFECTIVE DATE: July 2, 2013
AGENCY CONTACT PERSON / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. TTY: (800) 452-4603. E-mail: LUhl@MaineHousing.org .
WEBSITE: http://www.mainehousing.org/ .