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Home > Weekly Rule-making Notices > August 7, 2013

August 7, 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: 16-222 - Department of Public Safety (DPS), Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations Relating to Games of Chance
PROPOSED RULE NUMBER: 2013-P159
BRIEF SUMMARY: The current rule is being amended to provide a mechanism in the rule for distinguishing whether a certain type of game, a “game promotion,” qualifies as a game of chance. The rule also is being amended to provide a description of how a “game promotion” differs from a game of chance.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: September 9, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lt. Scott W. Ireland, Maine State Police Special Investigations Unit, 164 State House Station, Augusta, Maine 04333-0164. Telephone: (207) 624-7211. E-mail: Scott.W.Ireland@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 17 MRSA §1843.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/msp/index.shtml .
DPS RULE-MAKING LIAISON: Christopher.Parr@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 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2013-P160
CONCISE SUMMARY: 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 32 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver. The proposed changes to Section 32 include 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 changes:
1. The Department is proposing changes to the definitions of “seclusion” and “restraint” to conform to the definitions employed in the Department of Education’s regulations (5-71 C.M.R. ch. 33). The Department of Health and Human Services was directed by the Legislature’s Committee on Health and Human Services to amend Ch. II to mirror the definitions of seclusion and restraint in the Department of Education’s regulations.
2. The Department is proposing to replace the term “aggression” throughout the rule with “self-injurious behavior and/or aggression.”
3. 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 Section 32 may not exceed the statewide average annual cost of care for an individual in either (a) an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID), or (b) an Inpatient Psychiatric facility for individuals age 21 and under, depending upon the level of care at which the individual qualified for the waiver. This is not a new limit; the Department is proposing the changes to clarify that these limits are not fixed numbers, but instead change each year based upon the prior year’s statewide average annual cost of care for the respective facility type.
4. The Department is proposing to add a number of definitions (including Authorized Agent, Intellectual Disability, and Pervasive Developmental Disorders), and to change the term “Mentally Retarded” to “Intellectually Disabled,” 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.
5. The Department is proposing clarification of, and additions to, the requirements for providers of Section 32 services. These include, among others, clarification of the circumstances under which Behavioral Health Professionals may assist with administration of medication, requirements for Respite Service providers, and a requirement that providers put in place a Department-approved informed consent policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: August 26, 2013, 9:00 -10:30 a.m., Department of Health and Human Services, 242 State Street - Conference Room #1, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 16, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday September 5, 2013.
AGENCY CONTACT PERSON / 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 Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services, Intensive Mental Health Services for Infants and/or Toddlers
PROPOSED RULE NUMBER: 2013-P161
CONCISE SUMMARY: This proposed rule eliminates Private Non-Medical Institution Services (PNMI), Appendix D (Child Care Facilities), Model 3 (Intensive Mental Health Services for Infants and/or Toddlers). In a separate rule-making for Ch. III Section 97, the Department seeks to provisionally adopt the emergency major substantive rule that eliminates the reimbursement rate for these services. Although eligible infants and toddlers will no longer have access to PNMI Appendix D, Model 3 intensive mental health services, they remain eligible for medically necessary Behavioral Health Services through Ch. II Section 65, Behavioral Health Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: August 26, 2013, 12:00 p.m., 242 State Street, Conference Room #1, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 19, 2013.
COMMENT DEADLINE: Comments must be received by midnight September 5, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates this rule-making will not have an 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 Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institution Services, Intensive Mental Health Services for Infants and/or Toddlers.
PROPOSED RULE NUMBER: 2013-P162
CONCISE SUMMARY: This proposed major substantive rule eliminates the reimbursement rate for Private Non-Medical Institution Services (PNMI), Appendix D (Child Care Facilities), Model 3 (Intensive Mental Health Services for Infants and/or Toddlers). The Department seeks to provisionally adopt the changes made by an emergency major substantive rule, effective on June 26, 2013. The Department seeks to eliminate intensive Mental Health Services for infants and/or toddlers through a separate rule-making for Ch. II Section 97. Although eligible infants and toddlers will no longer have access to PNMI Appendix D, Model 3 Intensive Mental Health services, they remain eligible for medically necessary Behavioral Health Services through Section 65, Behavioral Health Services, which services shall be reimbursed at the rates set forth in Ch. III Section 65.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: August 26, 2013, 12:00 p.m., 242 State Street, Conference Room #1, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before August 19, 2013.
COMMENT DEADLINE: Comments must be received by midnight September 5, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates this rule-making will not have an 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 .


ADOPTIONS


AGENCY: 04-061 (changing shortly to 01-672) - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Allowable Lot Coverage): Section 10.26.E, Maximum Lot Coverage; Section 10.26.G, Exceptions to Dimensional Requirements
ADOPTED RULE NUMBER: 2013-175 (For other Ch. 10 amendments in this consolidated notice, see 2013-189 and 190.)
CONCISE SUMMARY: The Maine Land Use Planning Commission amended Ch. 10 Land Use Districts and Standards to update its rules regarding allowable lot coverage in certain development subdistricts in order to better accommodate for commercial and industrial growth and development, minimize the need for rezoning, and be more consistent with zoning in municipal portions of the State.
EFFECTIVE DATE: August 5, 2013
AGENCY CONTACT PERSON: Jean Flannery, LUPC, 106 Hogan Rd., Suite 7 Bangor, ME 04401. Telephone: (207) 941-4590. E-mail: Jean.A.Flannery@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 162, Control for Fiberglass Boat Manufacturing Materials
ADOPTED RULE NUMBER: 2013-178
CONCISE SUMMARY: The Department has adopted a new rule that limits the emissions of volatile organic compounds (VOC) from fiberglass boatbuilding operations during the manufacture and repair of fiberglass boats. Fiberglass boatbuilding operations use polyester and vinylester resins to fabricate the various components of boats using molds that provide the desired shape for the finished products. Open molding operations, which are most commonly used in fiberglass boatbuilding, release significant amounts of VOC, predominately styrene, during the curing process. These rules were adopted pursuant to Section 184 of the federal Clean Air Act, which requires states to implement or update reasonably available control technology (RACT) controls on all major emission sources, and on source categories covered by a Control Technique Guideline (CTG) document. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
EFFECTIVE DATE: July 30, 2013
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. Jeff.S.Crawford@Maine.gov . Website: www.maine.gov/dep/rules/ .
AGENCY WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters: Section 1B, Definition of "Aggrieved Person"
ADOPTED RULE NUMBER: 2013-179 (Final adoption, major substantive)
CONCISE SUMMARY: The amendment is in response to Resolve 2011, c. 144 which directed the Board to adopt rules to conform the criteria for standing to appeal a Commissioner's licensing decision to the Board to the judicial standards for appealing a decision of the Board to court. The Legislature's Joint Standing Committee on Judiciary held a public hearing on the provisionally adopted rule on May 7, 2013; and subsequently authorized final adoption of the rule in Resolve, Ch. 65.
EFFECTIVE DATE: August 25, 2013
AGENCY CONTACT PERSON: Cynthia Bertocci, Board of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2452. E-mail: Cynthia.S.Bertocci@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@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
ADOPTED RULE NUMBER: 2013-180 (Final adoption, major substantive)
CONCISE SUMMARY: The Department provisionally adopted amendments to Ch. 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children's Products, that extend the existing prohibition on the sale of children's products containing Bisphenol A (BPA) to include infant formula and baby food packaging containing intentional1y added BPA, in an amount greater than the de minimis level, effective March 1, 2014. Resolves 2013, ch. 44 was enacted authorizing the final adoption of this major substantive rule without change. The Board final1y adopted the amendments on July 18, 2013.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/bep/index.htm .
EFFECTIVE DATE: August 25, 2013
AGENCY CONTACT PERSON: Kerri Malinowski, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, Me 04333. Telephone: (207) 215-1894. E-mail: Kerri.Malinowski@Maine.gov .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan; Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
ADOPTED RULE NUMBER: 2013-181, 182
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities rule (Ch. 815) and Statewide Low Income Assistance Plan rule (Ch. 314). These amendments reflect a stakeholder workgroup's recommendations, as well as comments submitted from interested persons, concerning the serious medical emergency provision of Ch. 815, as well as the Statewide Low Income Assistance Plan rule, Ch. 314.
EFFECTIVE DATE: July 31, 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 .
PUC WEBSITE: http://www.maine.gov/mpuc/ .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations of Teachers, Educational Specialists and Administrators
ADOPTED RULE NUMBER: 2013-183
CONCISE SUMMARY: The changes to Ch. 13 stem from the regular regeneration (revision) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multistate standard setting study designed to assemble two separate groups of current practitioners who work for two to three days to review the validity and reliability of the test being regenerated. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Ch. 13 must be updated to reflect these changes.
Proposed changes in Ch. 13 include new test codes, new test titles, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.
EFFECTIVE DATE: July 31, 2013
AGENCY CONTACT PERSON: Mark A. Cyr, Department of Education - Certification Office, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6855. E-mail: Mark.Cyr@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@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
ADOPTED RULE NUMBER: 2013-184
CONCISE SUMMARY: The Department adopted 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 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 final rule also made 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 Elder Services" with references to "Office of Aging and Disability Services"; and,
d. Remove "if CMS approves" language from certain provisions, as CMS approved the changes to the relevant provisions effective 9/1/10.
No one attended the public hearing and no comments were received during the comment period. The rule is being adopted as proposed.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 3, 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). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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
ADOPTED RULE NUMBER: 2013-185
CONCISE SUMMARY: The Department adopted changes to the rule to comply with the concurrent operation of a 1915(b) Non-Emergency Transportation Waiver. The change to Section 21 includes referencing the regional, risk-based, Pre-Paid Ambulatory Health Plan (P AHP) 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. These changes to Section 21 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver.
The Department is also adopting other changes.
1. The website for The Maine College of Direct Support has been updated and can be accessed on the internet at:
http://www.maine .gov/dhhs/oads/disability/ds/cds/index.shtml .
2. The Department added 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 were added, requiring DSPs to complete four specific modules prior to being left alone with a member.
4. The Department deleted Appendix IV and replaced it with a more simple statement of the combined limits on Work Support and Community Support in the main text of the rule.
A change to the final rule was also made based on comments, allowing staff six months to obtain the Direct Support Professional, consistent with Section 29. The final rule now reads: "All new staff or subcontractors shall have six (6) months (1040 hours, one thousand and forty) of actual employment from date of hire, or two (2) calendar years, whichever is less, to obtain DSP certification or demonstrate proficiency through DHHS's approved Assessment of Prior Learning."
This rule change is not anticipated to have any adverse impact on small businesses or impose any costs on municipalities or counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 3, 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). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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 and Autistic Disorder
ADOPTED RULE NUMBER: 2013-186
CONCISE SUMMARY: A public hearing was held on June 3, 2012. There were no attendees. The comment deadline was June 13, 2013. The Department is adopting changes to the rule to comply with the concurrent operation of a 1915(b) Non-Emergency Transportation Waiver. The 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. These transportation-related changes to Section 29 will be effective only upon implementation of the 1915(b) Non-Emergency Transportation Waiver.
The Department is also adopting a number of other changes.
1. The Department added 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 clarifies that reimbursement for Employment Specialist Services is limited to ten hours per month. Neither of these limits are new; each were 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 was updated and can be accessed on the internet at: http://www.maine.gov/dhhs/oads/disability/ds/cds/index.shtml .
3. The adopted rule made technical changes to language and names when usage had changed or had been deemed inappropriate by the Maine Legislature. Specifically, the changes:
a. Replaced 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. Replaced references to "Office of Integrated Access and Support" with references to "Office for Family Independence";
c. Replaced references to "Office of Adults with Cognitive and Physical Disabilities Services" with references to "Office of Aging and Disability Services";
d. Clarified the definitions of Correspondent, Case manager, Intellectual Disability and Autism. This change was to align this policy with services provided under Section 21 of the MaineCare Benefits Manual; and,
e. Removed language making certain provisions contingent on approval by CMS, as CMS has now granted approval.
4. The Department added 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 were added, requiring DSPs to complete four specific modules prior to being left alone with a member.
6. The Department adopted 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 adopted various clarifications to the planning process.
8. The Department deleted Appendix III and replaced it with a more simple statement of the combined limits on Work Support and Community Support in the main text of the rule.
Adoption of this rule is not anticipated to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 3, 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). E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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 Transportation (NET) Services (also absorbs Ch. III Section 113 into Ch. II)
ADOPTED RULE NUMBER: 2013-187
CONCISE SUMMARY: The Department is permanently adopting this final rule, Ch. 101, MaineCare Benefits Manual (MBM), Ch. II Section 113, which will implement MaineCare's NonEmergency Transportation (NET) Service system, in order to achieve compliance with the Centers for Medicare and Medicaid Services (CMS) waiver. Upon adoption, this rule will repeal the current Section 113, Ch. II and III, and replace it with the adopted rule.
On April 23, 2013, CMS approved a one year extension of Maine's 1915(b) waiver to provide NET services using regional, risk-based, Pre-Paid Ambulatory Health Plan (PAHP) Brokerages in alignment with Maine's eight (8) transit regions. The Department received responses to an RFP for the transportation waiver and is in the process of executing risk-based contracts with the transportation Brokers, who will coordinate MaineCare transportation services for eligible members regionally, throughout the state. The Brokers are responsible for establishing a network of transporters to deliver NET services to eligible members who live in their assigned region. The Department will reimburse the Brokers on a per Member/per month fee basis. MaineCare members eligible to receive NET services under this waiver include members who receive Home and Community-Based Waiver Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents .
EFFECTIVE DATE: August 3, 2013
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner II, Policy Division, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 27, Standards for Pesticide Application and Public Notification in Schools
ADOPTED RULE NUMBER: 2013-188 (Final adoption, major substantive)
CONCISE SUMMARY: These rule-making amendments are a result of recommendations made to the Joint Standing Committee on Agriculture, Conservation and Forestry as required in Resolve 2011, Ch. 59. They include new requirements for IPM Coordinator training, reduced and consolidated record-keeping requirements and increased communication between IPM Coordinators and contracted pesticide applicators.
EFFECTIVE DATE: August 29, 2013
AGENCY CONTACT PERSON: Henry Jennings, Board of Pesticides Control, 28 State House Station Augusta, Maine 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 (changing shortly to 01-672) - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Timber Harvesting and Timber Harvesting Activities)
ADOPTED RULE NUMBER: 2013-189 (For other Ch. 10 amendments in this consolidated notice, see 2013-175 and 190.)
CONCISE SUMMARY: In order to reflect changes outlined in recent legislation, P.L. 2011, ch.599 (enacting LD 1739), the Commission must update its Ch. 10 Rules - Land Use Districts and Standards. The Commission is no longer responsible for regulating timber harvesting and timber harvesting activities, to include land management roads, water crossings on/for land management roads, and gravel pits less than 5 acres, in protection districts and management districts. This authority has been transferred to the Maine Forest Service. Consequently, the Commission has made modifications to Ch. 10 of its rules, Land Use Districts and Standards, to reflect this.
EFFECTIVE DATE: August 5, 2013
AGENCY CONTACT PERSON: Sarah Giffen Carr, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04330. Telephone: (207) 837-7826. E-mail: Sarah.Giffen.Carr@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 (changing shortly to 01-672) - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Recreational Lodging Initiative)
ADOPTED RULE NUMBER: 2013-190 (For other Ch. 10 amendments in this consolidated notice, see 2013-175 and 189.)
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, regarding the Recreational Lodging Initiative. The Commission has updated its rules regarding recreational lodging uses based on industry feedback in order to better accommodate changing market demand for recreational services and to provide a greater degree of flexibility and predictability for recreational lodging facilities.
EFFECTIVE DATE: August 5, 2013
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .