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Home > Weekly Rule-making Notices > October 9, 2013

October 9, 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), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. X Section 2, Non-categorical Adults
PROPOSED RULE NUMBER: 2013-P232
CONCISE SUMMARY: The MaineCare Childless Adults Section 1115 demonstration project that provided health care coverage to childless adults and non-custodial parents with incomes at or below 100% of the Federal Poverty Level (FPL) expires on December 31, 2013. Due to the expiration of the waiver (P.L. 2011 ch. 477, Part M §M-1), the Department of Health and Human Services (DHHS) must repeal Ch. 101, MaineCare Benefits Manual, Ch. X Section 2, Non-categorical Adults, to defund the program.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 28, 2013, 9:00 a.m., Room 110, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 21, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 7, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1856. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173, P.L. 2011, Ch. 477, Part M §M-1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
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 for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, OFI MaineCare Eligibility Manual, Rule #270P: Part 9 Section 3, Special Groups – Expiration of MaineCare Childless Adults Waiver
PROPOSED RULE NUMBER: 2013-P233
CONCISE SUMMARY: The MaineCare Childless Adults section 1115 demonstration project that provided health care coverage to childless adults and non-custodial parents with incomes at or below 100% of the Federal poverty level (FPL) expires on December 31, 2013. Therefore, the Department of Health and Human Services (DHHS) is repealing Ch. 332, Part 9 Section 3, Special Groups. The Department will provide prior notice to the recipients impacted by these changes, and determine whether they qualify for MaineCare under another coverage group.
PUBLIC HEARING: 9 to 11 a.m. Monday, October, 28, 2013 – 19 Union Street, Room 110, Augusta, ME
DEADLINE FOR COMMENTS: November 8, 2013
AGENCY CONTACT PERSON: Lea Kendall, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106. TTY: Maine Relay 711. E-mail: Lea.Kendall@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42(1), 3173; P.L. 2011 ch. 477, Part M §M-1
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



?AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 950, Navigator Certification and Training for Health Benefit Exchanges
PROPOSED RULE NUMBER: 2013-P234
BRIEF SUMMARY: This proposal establishes state certification and training requirements for navigators assisting the public on the federally-facilitated insurance exchange operating in Maine.
DETAILED BASIS STATEMENT / SUMMARY: The proposal establishes certification, initial and continuing training and examination requirements applicable to persons acting as navigators to the federally facilitated insurance exchange (marketplace) operating in Maine pursuant to the Affordable Care Act.
PUBLIC HEARING: 9:00 a.m., October 28, 2013, Kennebec Room, Maine Dept. of Professional & Financial Regulation Building, 124 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: 4:30 p.m., November 8, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / INSURANCE RULE-MAKING LIAISON: Thomas Record, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8424. E-mail: Thomas.M.Record@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
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/ .
PFR RULE-MAKING LIAISON: Anne.L.Head@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 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2013-P235
CONCISE SUMMARY: The Department is proposing changes to this rule to require Prior Authorization for all Occupational Therapy Services for persons age 21 and over. The Department also proposes the following changes:
a. Adding a definition for Long-Term Chronic Pain and Terminal Illness,
b. Adding new covered services and clarifies covered services and their limits,
c. Limiting supplies to splinting only and adds the link to the Department’s Rate Setting website,
d. Adding some language and clerical changes to clarify the policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 28, 2013, 2:30 p.m. - Room 110, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 21, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 7, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011 Telephone: (207) 287-1856. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not 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 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2013-P236
CONCISE SUMMARY: The Department is proposing changes to this rule to require Prior Authorization for all Physical Therapy Services for persons age 21 and over. The Department also proposes the following changes:
a. Adding a definition for Terminal Illness,
b. Adding new covered services and clarifying covered services and their limits,
c. Limiting supplies to splinting and adding the link to the Department’s Rate Setting website,
d. Adding some language and clerical changes to clarify the policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 28, 2013, 12:00 noon - Room 110, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 21, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight November 7, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1856. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates
that this rule-making will not 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.03(I)(8), Deer Hunting - Open and Closed Season (Islesboro)
PROPOSED RULE NUMBER: 2013-P237
BRIEF SUMMARY: The Department is proposing a modification to the current special hunt on Islesboro located in Waldo County. The end date of December 31 for the special hunt is proposed to be removed, and the season would occur during a specified period from the first Monday following the end of the expanded archery season annually, for a period of three years (initial season began in 2012) with the goal of reducing the deer population in the Town of Islesboro. Only licensed hunters qualifying under the Town of Islesboro’s Deer Reduction Plan may participate. Deer taken during this special hunt are in addition to the statewide bag limit. All other laws and rules relating to deer hunting shall apply. The permit from the Department to the Town of Islesboro will authorize restrictions to be placed on the length of the special hunt, types of weapons, bag limits and any other special conditions deemed necessary.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: November 8, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.06, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2013-227
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules to provide for the effective conservation of wild turkeys and provide for an increase in hunting opportunities. The newly adopted rules will open additional WMDs to turkey hunting, expand the permitted weapons, increase the fall bag limit and expand the allowable spring hunting hours.
A detailed copy of the adopted rule may be obtained from the Agency Contact Person listed below.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .



?AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
ADOPTED RULE NUMBER: 2013-228
CONCISE SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to maintain the hourly rate paid to attorneys providing indigent legal services at $50.00/hr. until June 30, 2014 and to raise the hourly rate paid to attorneys providing indigent legal services to $55.00/hr. beginning July 1,2014.
EFFECTIVE DATE: October 5, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John D. Pelletier, Esq., Executive Director, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
MCILS WEBSITE: http://www.maine.gov/mcils/ .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 240, Mobile Telecommunications Services
ADOPTED RULE NUMBER: 2013-229 (Repeal)
CONCISE SUMMARY: The Public Utilities Commission repeals Ch. 240 because the Commission no longer regulates such services per recent legislation (Public Law 2011, Ch. 623).
EFFECTIVE DATE: October 5, 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/



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 212, Exemption of Competitive Telecommunications Carriers and Dark Fiber Providers from Certain Filing and Approval Requirements
ADOPTED RULE NUMBER: 2013-230 (Repeal)
CONCISE SUMMARY: The Public Utilities Commission repeals Ch. 212 as legislation has codified the exemptions thus rendering the rule unnecessary.
EFFECTIVE DATE: October 5, 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/



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
ADOPTED RULE NUMBER: 2013-231
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (January 1, 2014 - December 31, 2014) and will be available from the Department, online at www.maine.gov/ifw , as well as license agents.
For a copy of adopted changes prior to release of the laws and rules booklet, please contact the Agency Rule-making Contact Person.
EFFECTIVE DATE: October 5, 2013
AGENCY CONTACT PERSON / IFW 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 .




AGENCIES:
10-144 - Department of Health & Human Services (DHHS), Maine CDC, Health Inspection Program, jointly with
01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBERS AND TITLE: Maine Food Code: DHHS Ch. 200, Agriculture Ch. 331
ADOPTED RULE NUMBER: 2013-232, 233
CONCISE SUMMARY: The revisions to the Maine Food Code incorporate relevant sections of the 2009 Federal Food Code, as well as the 2011 Federal Food Code Supplement. This update is the first one since 2001. Updates include adding a requirement for a Certified Food Protection Manager, updating and clarifying employee responsibilities when reporting symptoms of their illnesses, preventing bare hand contact directly with ready-to-eat food, updating food temperature requirements to create consistency with federal guidelines, and updating date marking and discarding of food. Further updates include drinking water, subsurface wastewater, plumbing code, and Maine Board of Pesticide Control standards.
EFFECTIVE DATE: October 7, 2013
AGENCY CONTACT PERSONS:
DHHS: Tera R. Pare, J.D., Rule-making Coordinator, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
AGRICULTURE: Mari Wells-Eagar, Esq., Assistant to the Commissioner, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITES:
DHHS, Health Inspection Program: http://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm .
AGRICULTURE: http://www.maine.gov/acf/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .