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10
Department of Human Services

1999-2000 Regulatory Agenda


10-144: Bureau of Family Independence
10-144: Bureau of Health
10-144: Bureau of Medical Services
10-146: Vital Records
10-149: Bureau of Elder and Adult Services
90-429: Board of Licensure of Water Treatment Plant Operators
90-429: Board of Licensure of Well Driller Operators


UMBRELLA-UNIT NUMBER: 10-144

AGENCY: Department of Human Services,
Bureau of Medical Services

CONTACT PERSON: Marianne Ringel, Director, Policy Development Division, 11 State House Station, Augusta, ME 03333-0011, Tel. (207) 624-5518

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER 101: Maine Medical Assistance Manual, Chapter II and Chapter III Section 12.

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 101: Maine Medical Assistance Manual: Chapters I, II, III, IV, V, VI, VII, VIII and relevant Principles of Reimbursement.
STATUTORY AUTHORITY: 22 MRSA Sections 42 and 3173
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the Medicaid program. It also describes certain administrative functions necessary for the operation of the Medicaid Program. They will be amended to comply with federal changes, to update policy and to implement new services and regulations, as necessary.
ANTICIPATED SCHEDULE: It is not possible to predict when all of the changes will be made to these regulations because of the nature of this work. Federal regulation changes, state legislation, and state-initiated changes as a result of identified problems require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: Medicaid clients, Medicaid providers, and Managed Care Organizations

CHAPTER 110: Regulations Governing The Licensing and Functioning Of Skilled Nursing Facilities and Intermediate Care Facilities
STATUTORY AUTHORITY: 1 MRSA Chapter 13, Sections 401, 402, 407-408; 22 MRSA, Chapter 1, Sections 3, 6, 42 and 47; Chapter 405, Sections 1811-1818, 1820, 1822 and 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 166A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; 32 MRSA Chapter 2, Sections 61 and 7905
PURPOSE: These regulations were revised effective September 1, 1999. They are currently being further revised to include updates related to restraints, discharge notices, increase in fines passed by the Legislature and correction of minor administrative errors.
ANTICIPATED SCHEDULE: The anticipated date for submission of proposed rules is December 1999.
AFFECTED PARTIES: Nursing facility residents, nursing facility providers, Long Term Care Ombudsman Program, Legal Services for the Elderly

CHAPTER 119: Regulations Governing the Licensing and Functioning of Home Health Care Services
STATUTORY AUTHORITY: 22 MRSA Section 2141 et seq.
PURPOSE: These regulations describe the minimum requirements for the licensing of home health agencies. It also functions as the standard of care for Maine's citizens in need of home health services. They will be amended to comply with Federal changes and to update standards of care as necessary.
ANTICIPATED SCHEDULE: Chapter 4.B. will be revised to reflect information on wearing of identification badges as required by Chapter 12, Public Law. It is not possible to predict when additional changes will be made to these regulations because of the nature of the work. Federal regulation changes, State legislation and State-initiated changes as a result of identified problems, require the timely amendment or adoption of new rules over the course of the year.
AFFECTED PARTIES: Home health providers, consumers and managed care organization

CHAPTER 112: Regulations For the Licensure of General and Specialty Hospitals in the State of Maine
STATUTORY AUTHORITY: 22 MRSA Section 1964M, Sections 1811, 1813-1817 and 1820
PURPOSE: These regulations govern the licensing of general and specialty hospitals in the state of Maine. The regulations will be amended to comply with Federal changes, statutory changes and to reflect current health care standards or practices as needed.
ANTICIPATED SCHEDULE: Chapters IV.I.1 and Chapter VI. will be revised by December 1999 to reflect Chapters 12 and 384, Public Law, requiring regulation of identification badges in hospitals and subjecting hospitals to receivership. Chapters IV,VIII,IX,X,XX,XIII, and XXV will be revised by March 2000 to reflect current standards of practice.
AFFECTED PARTIES: Hospitals, consumers, managed care provided

CHAPTER 113: Regulations for Licensing and Functioning of Assisted Living Facilities
STATUTORY AUTHORITY: 22 MRSA, Chapter 405, Sections 1812-C, 1812-G; Chapter 413, Section 2053; Chapter 1453, Section 5107-A; Chapter 1663, Sections 7801-7802; Chapter 1665, Sections 7901-A, 7901-B, 7901-C, 7902-A, 7903, 7904-A, 7904-B, 7914, 7915; Chapter 1666, Section 7922; Title 32, Chapter 31, Section 2102
PURPOSE: These rules govern the licensing and functioning of assisted living facilities.
ANTICIPATED SCHEDULE: These regulations will be amended to include a new Chapter V which will reflect licensing of Adult Family Care Homes. Other minor revisions to the existing regulations will be done at the same time. It is anticipated that the necessary changes will be made by December 1999.
AFFECTED PARTIES: Assisted living services providers and consumers.

CHAPTER 121: Regulations Governing the Licensing of Adult Family Care Homes
STATUTORY AUTHORITY: 22 MRSA
PURPOSE: These rules govern the licensing of Adult Family Care Homes.
ANTICIPATED SCHEDULE: It is anticipated that these rules will be added to the Regulations for the Licensing and functioning of Assisted Living Facilities. Necessary changes will be made by December 1999.
AFFECTED PARTIES: All current and prospective Adult Family Care Home providers and consumers.

CHAPTER 117: Regulations Governing the Licensing of Adult Day Services Programs
STATUTORY AUTHORITY: 22 MRSA, Chapter 958-A, Sections 3470-3487; Chapter 1505, Sections 6201-6209; Chapter 1663, Sections 7801-7804; Chapter 1665, Section 5107-A; Chapter 1679, Sections 8601-8605
PURPOSE: These rules govern the licensing and functioning of Adult Day Services Programs.
ANTICIPATED SCHEDULE: It is anticipated that these regulations will be changed to allow Adult day Services programs located in an Assisted Living Facility or a Nursing Facility to be surveyed and licensed as part of the whole facilityžs survey and license. The necessary changes will be made by December 1999.
AFFECTED PARTIES: All providers and consumers of Adult Day Services Programs.

CHAPTER 106: Maine's Drugs For the Elderly Program
STATUTORY AUTHORITY: 22 MRSA, Chapter 254
PURPOSE: These rules govern the operation of Mainežs State-funded drug program for certain eligible elderly individuals. They will be amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Elderly individuals found eligible for this program as well as pharmacies.

CHAPTER: Maine's Drug Rebate Program for Cub Care
STATUTORY AUTHORITY: 22 MRSA, Chapter 3174
PURPOSE: These rules will govern the operation of Mainežs drug rebate program for Cub Care eligible children. They will be adopted and amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children eligible for Cub Care as well as pharmacies.

CHAPTER: Maine's Reduced Price Prescription Drug Benefit
STATUTORY AUTHORITY: 22 MRSA, Chapter 254
PURPOSE: These rules govern the operation of Mainežs State-run reduced price drug program for certain eligible uninsured Maine Residents. They will be adopted and amended to conform to State legislation or to implement State-initiated changes to correct problems identified through monitoring of the program.
ANTICIPATED SCHEDULE: It is not possible to predict when these new rules will be adopted and when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Uninsured Maine residents as well as pharmacies.

CHAPTER 107: Maine Eye Care Program
STATUTORY AUTHORITY: 22 MRSA Sections 42 and 3173
PURPOSE: These rules govern the operation of Mainežs State-funded Eye Care Program. They will be amended to reflect administrative changes found necessary through monitoring of this program.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children and Adults not eligible for Medicaid for whom the State would reimburse certain eye care services as well as the providers of these services.

CHAPTER: Cub Care
STATUTORY AUTHORITY: P.L. 99 Chapter 777
PURPOSE: These rules establish the Childrenžs Health Insurance Program. They will be amended to reflect federal changes or administrative changes found necessary through monitoring this program in accordance with State statute.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Children under the age of 19 found eligible for this program.

CHAPTER 109: Maine's HMO Quality Oversight Program
STATUTORY AUTHORITY: Chapter 56 of Title 242-A MRSA
PURPOSE: These rules will establish Maine's HMO Quality Oversight Program. They will be amended to reflect programmatic or administrative changes found necessary through monitoring this program in accordance with State statute.
ANTICIPATED SCHEDULE: It is not possible to predict when changes will be made to the above regulations because of the nature of this policy. State-initiated changes as a result of identified problems will require the timely amendment of the rules.
AFFECTED PARTIES: Health Maintenance Organizations.


UMBRELLA/UNIT NUMBER: 10-144:
AGENCY: Bureau of Health
CONTACT PERSON: Warren Bartlett, Director, State House Station #11, Augusta, ME 04333

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-00 RULE-MAKING ACTIVITY:

CHAPTER : Birth Defects Program Rules

STATUTORY AUTHORITY: 1999 PL 344
PURPOSE: To define reporting requirements, program functions and responsibilities regarding surveillance of birth defects and program services.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2000.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER 201: Rules Relating To Eating And Lodging Places
(To revise these rules to bring them into more agreement with the new Food Code recently released by the US FDA)
STATUTORY AUTHORITY: Pursuant to 22 MRSA Sections 2491- 2501
PURPOSE: To update our rules with rules that are more scientifically up-to-date and to conform with these national standards.
REGULATED PARTIES: Eating establishments in the State of Maine.
BENEFITTED PARTIES: Citizens of Maine and visitors to the state that use these establishments.

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping Rules
(Amendment concerning staffing requirements at summer youth camps)
STATUTORY AUTHORITY: Pursuant to 22 MRSA Sections 2491-2501
PURPOSE: To bring the rules up to date with changes in certification requirements for staff.
REGULATED PARTIES: Summer youth camps and their staff
BENEFITTED PARTIES: Children who attend summer youth camps

CHAPTER 202: Rules Relating to Swimming Pools and Bathing Beaches
(Redraft to update rules for pools and spas)
STATUTORY AUTHORITY: Pursuant to 22 MRSA Sections 2661-2669
PURPOSE: To bring rules up to currently accepted standards.
REGULATED PARTIES: Owners/operators of public swimming pools and public spas.
BENEFITTED PARTIES: The public using these pools and spa.

CHAPTER 205: Tent and Recreational Vehicle Parks and Wilderness Recreational Parks: (Amendment for clarification)
Statutory Authority: Pursuant to 22 MRSA Sections 2491-2501
PURPOSE: To update and clarify rules to eliminate some of the problems we have had in reviewing plans for new campgrounds and to establish standards for temporary campgrounds.
REGULATED PARTIES: Owners/operators of campgrounds
BENEFITTED PARTIES: The public using these campgrounds

CHAPTER : Rules Relating to Smoking in Restaurants:
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants.
REGULATED PARTIES: Owners/operators of restaurants
BENEFITTED PARTIES: The public using the restaurants and the employees working in the dining areas.

CHAPTER 210: Rules Relating to Tattooing
(redraft to update rules for tattooing)
STATUTORY AUTHORITY: Pursuant to 32 MRSA Section 4251
PURPOSE: To update these rules to reflect changes in the practice of tattooing and in the protection of public health.
REGULATED PARTIES: Tattooists
BENEFITTED PARTIES: The public who get tattoos

CHAPTER 209: Body Piercing Rules:
STATUTORY AUTHORITY: Pursuant to 32 MRSA Section 4326
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing.
REGULATED PARTIES: People who practice body piercing
BENEFITTED PARTIES: The people who get their body pierced.

CHAPTER 211: Micropigmentation Rules:
STATUTORY AUTHORITY: 32 MRSA Section 4313
PURPOSE: To provide standards of practice and education and training standards for the practice of micropigmentation which is also as permanent cosmetics or cosmetic tattooing.
REGULATED PARTIES: People who practice micropigmentation
BENEFITTED PARTIES: The public who receive cosmetic tattoos.

CHAPTER 220: Rules Relating to Radiation Protection:
STATUTORY AUTHORITY: 22 MRSA Section 674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials, revise regulations for x-ray producing devices, and revise definitions.

Part A , General Provisions
PURPOSE: To add definitions necessary to maintain compatibility with federal regulations
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of radioactive material.

Part C , Licensing of Radioactive Material
PURPOSE: Changes to maintain federal compatibility
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of radioactive material.
BENEFITTED PARTIES: General public

Part D , Standards for Protection Against Radiation
PURPOSE: To add new requirements regarding irradiators (with Part C), respiratory protection, low-level waste and amend definitions
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of radioactive material.

Part F , X-rays in the Healing Arts
PURPOSE: To add language regarding the inspection of fluoroscopy facilities, mobile x-ray machines, Magnetic Resonance Imaging (MRI) facilities, C-arm x-ray machines, Computer Assisted Tomography (CAT) x-ray machines, radiation therapy facilities, and linear accelerators.
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All facilities using x-ray, MRI and radiation therapy equipment.
BENEFITTED PARTIES: General public who contract such services.

Part G , Use of Radionuclides in the Healing Arts
PURPOSE: Revise existing rule to incorporate federal rule requirements for preparation and transfer of byproduct (radioactive fission product) material and administration of radiation and/or radioactive material
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of radioactive material.
BENEFITTED PARTIES: General public

Part H , Radiation Safety Requirements for Analytical X-Ray Equipment
PURPOSE: Changes to update the entire section to the new National suggested state regulations.
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of industrial x-ray machines.
BENEFITTED PARTIES: General public

Part N , Technologically Enhanced Naturally Occurring Radioactive Materials
PURPOSE: Adopt this new section to update our rules to the new national suggested state regulations.
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All users of radioactive material.
BENEFITTED PARTIES: General public

Part T , Tanning
ANTICIPATED SCHEDULE:: To modify the training and educational requirements of operators and to clarify the meaning of barriers to protect from direct contact with lamps.
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: All tanning facilities using ultraviolet lamps, and involved with the maintenance and safe operation of the facility.
BENEFITTED PARTIES: General public

CHAPTER 224: Radon Registration Rules
(Air and Water Radon Service Provider Registration Rules)
STATUTORY AUTHORITY: 22 MRSA Section 771.
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
ANTICIPATED SCHEDULE: June 2000
REGULATED PARTIES: Radon service providers.
BENEFITTED PARTIES: General public who contract such services.

CHAPTER 225: Licensing Suppliers of Compressed Air Used in Self-Contained Breathing Apparatus
(Amendment to require testing of air by a third party)
Statutory Authority: Pursuant to 22 MRSA Sections 1581-1586
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing.
REGULATED PARTIES: Dive shops, fire departments, other suppliers of compressed air
BENEFITTED PARTIES: SCUBA divers, firemen

CHAPTER 226: Cross Connection Rules
(To revise, strengthen and update existing rules)
STATUTORY AUTHORITY: 22 MRSA Section 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the state cross connection control program.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: Suppliers of public drinking water.
BENEFITTED PARTIES: Consumers of public drinking water.

CHAPTER 228: State of Maine Rules Relating to Fluoridation of Public Water Systems: (Establish requirements of public water systems and meet to adjust fluoride in their water)
STATUTORY AUTHORITY: 22 MRSA Section 2611
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.

CHAPTER : State of Maine Rules Relating to Wellhead Protection Program:
(To establish regulations to administer a voluntary wellhead protection program for groundwater supplies)
STATUTORY AUTHORITY: Title XIV - Safety of Public Water Systems, Section 1428
PURPOSE: To revise state regulations as well as changes or amendments to existing federal rules to remain current with federally mandated standards.
ANTICIPATED SCHEDULE: Adoption expected by June 2000
REGULATED PARTIES: All public drinking water supplies using groundwater sources.
BENEFITTED PARTIES: Suppliers and consumers of public water from groundwater supplies.

CHAPTER 231: State of Maine Rules Relating to Drinking Water:
(Adoption of federal drinking water rules (CFR 40 - Parts 141, 142 and 143), amendments and changes thereof effective as of July 1, 1996)
STATUTORY AUTHORITY: 22 MRSA Section 2611 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards. To adopt fee formulas and collection and transfer schedules within Chapter 601 enabling the Drinking Water Program to more effectively administer the Safe Drinking Water Act.
ANTICIPATED SCHEDULE: Adoption expected NLT June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.

CHAPTER 231: State of Maine Rules Relating to Drinking Water
(Amendments to update sections 1 through 10)
STATUTORY AUTHORITY: 22 MRSA Section 2611
PURPOSE: to revise, strengthen and update existing sections of the state drinking water rules. Adopt legislatively mandated MCL for MTBE.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.

CHAPTER 231: State of Maine Rules Relating to Drinking Water
(Amendments to the drinking water rules to provide procedures the Drinking Water Program will follow to conduct environmental reviews)
STATUTORY AUTHORITY: 22 MRSA Section 2611
PURPOSE: The procedures are necessary in order for the US Environmental Protection Agency to provide grant funds to the Drinking Water Program for implementation of the State Revolving Loan fund.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.

CHAPTER 232: State of Maine Rules Relating to Water Well Drilling
(Redraft rules for clarification and updating)
STATUTORY AUTHORITY: 22 MRSA Section 1689-A
PURPOSE: Update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: Well drillers and pump installers.
BENEFITTED PARTIES: Public and private users of ground water.

CHAPTER 235: Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines: (To revise, strengthen and update existing rules)
STATUTORY AUTHORITY: 22 MRSA Section 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: Bottled water suppliers, water haulers and vendors.
BENEFITTED PARTIES: Suppliers and consumers of bottled/bulk drinking water.

CHAPTER 238: Maine Internal Plumbing Rules
(Transferred to Bureau of Professional and Financial Regulation, Plumbers Examining Board in June of 1998)

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules:
STATUTORY AUTHORITY: 22 MRSA Section 42
PURPOSE: These rules established standards for soil evaluation, design and installation of Subsurface Wastewater Disposal Systems.
REGULATED PARTIES: Any person, establishment, and/or institution using on-site wastewater disposal for treatment of sewage.

The Division may propose revisions to the existing rules to update and refine the Rules as necessary, and to accommodate suggested changes from the general public. These changes would require an additional public hearing, generally help in February each year.

CHAPTER 241: Minimum Lot Size Law Variance Rules:
STATUTORY AUTHORITY: 12 MRSA Section 4807
PURPOSE: This Rule established the provisions for approval of subsurface waste water disposal on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body.
REGULATED PARTIES: Anyone wishing to create a lot not in conformance with 12 MRSA Section 4807.

The Division of Health Engineering anticipates proposing to create a separate set of rules for administration of the Minimum Lot Size Law, and removing same from the Subsurface Wastewater Disposal Rules.

Public hearing required by statute scheduled for February 1, 2000.

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
STATUTORY AUTHORITY: 22 MRSA Section 42
PURPOSE: These rules established standards of professional conduct and practice related to licensing of Site Evaluators. The department will add enforcement procedures to the rules so Site Evaluators will know what is expected as far as departmental investigations, etc.
REGULATED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and practice the act of performing design for subsurface wastewater disposal systems.

Public hearing required by statute scheduled for February 1, 2000.

CHAPTER 255: CANCER
STATUTORY AUTHORITY: Pursuant to 22 MRSA Sections 1401-1405A
PURPOSE: To update the Maine Cancer Registry Rules and Regulations to comply with current cancer surveillance standards in several areas. These areas include, among others: required reporting procedures, data requests, objectives and confidentiality.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2000
AFFECTED PARTIES: Reporting sources (hospitals, physicians, pathology labs); those requesting data (researchers, agencies and organizations in public health and health care).

CHAPTER 256: Maine Medical Laboratory Rules
(Amendment concerning testing for certain analytes without a physician's order)
STATUTORY AUTHORITY: Pursuant to 1990 PL 665
PURPOSE: To adopt procedures and regulations to promulgate the legislative provision allowing persons to order certain medical laboratory tests without physician referral.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
AFFECTED PARTIES: Clients of such labs.

CHAPTER 256: Maine Medical Laboratory Rules(
(Amendment regulating Maternal serum alpha-fetoprotein testing)
STATUTORY AUTHORITY: Pursuant to 1989 PL 72
PURPOSE: To adopt provisions regulating the performance of this particularly critical test and to ensure that appropriate programmatic support exists to surround the test process.
ANTICIPATED SCHEDULE: Adoption expected by January 31, 2000.
AFFECTED PARTIES: Women undergoing maternal alpha-fetoprotein testing.

CHAPTER 256: Maine Medical Laboratory Rules
(Amendment regarding fee schedules for licensure of medical laboratories)
STATUTORY AUTHORITY: Pursuant to 1991 PL 591
PURPOSE: To re-establish fees for licensure of medical laboratories, and to establish new fees for such licensure, in accord with law.
ANTICIPATED SCHEDULE: Final rules by October 30, 2000, and subsequent dates.
AFFECTED PARTIES: State citizens.

CHAPTER 256: Maine Medical Laboratory Rules
(Amendments to bring Maine rules into compliance with requirements with the Federal Clinical Laboratory Improvement Act of 1988, and other current standards of practice)
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 2011 et seq.
PURPOSE: To bring Maine's Medical Laboratory regulation into concurrence with Federal standards.
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
AFFECTED PARTIES: State citizens, which benefit from quality in laboratory testing and Medical Laboratories, including Independent, Hospital, Health Screening, and Physician Office.

CHAPTER 257: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 2000.
AFFECTED PARTIES: Programs and citizens served.

CHAPTER 260: Regulations Regarding Rabies Immunization Requirements for Dog Licensure
STATUTORY AUTHORITY: Pursuant to 7 MRSA Section 3922 (3)
PURPOSE: To amend requirements for protection of the public health, as regards rabies.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 2000.
AFFECTED PARTIES: Animal (dog) owners; Maine citizens.

CHAPTER:
STATUTORY AUTHORITY: 22 MRSA Section 1064
PURPOSE: Implementation of the Maine Immunization Information System
ANTICIPATED SCHEDULE: Adoption expected by June 15, 2000
AFFECTED PARTIES: Medical providers who receive State supplied vaccines.

CHAPTER 262: Rules Relating to Immunization of Post-Secondary School Students
STATUTORY AUTHORITY: 22 MRSA Section 1541 et seq.
PURPOSE: Clarify requirements of smoking regulations in public places
ANTICIPATED SCHEDULE: Spring 2000
AFFECTED PARTIES: All operators of public places

INFORMATION ON PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: N/A

CHAPTER 263: Rules Relating to: Test of Private Water Systems for Potentially Hazardous Contaminants
(Adoption of changes regarding Maximum Exposure Guidelines and procedures)
STATUTORY AUTHORITY: 22 MRSA Section 2602-A
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: DHS and private residential water supplies.
BENEFITTED PARTIES: Private residential water supplies.

CHAPTER 263: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants
STATUTORY AUTHORITY: Pursuant to 22 MRSA Section 2602-A
PURPOSE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 2000.
AFFECTED PARTIES: Health and Environmental Testing Lab, and Maine Citizens.

CHAPTER 263: Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
STATUTORY AUTHORITY: Pursuant to 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories.
ANTICIPATED SCHEDULE: Amendment expected by January 31, 2000 and subsequent dates.
AFFECTED PARTIES: State agencies and other users of lab data (e.g., the Drinking Water Program and the Department of Environmental Protection) which benefit from accurate analyses of environmental samples, and laboratories (certified and currently not certified) which do environmental testing for compliance purposes.

CHAPTER 265: Maine Drug Testing Laboratory Rules
STATUTORY AUTHORITY: Pursuant to 1990 PL 832
PURPOSE: To adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice.
ANTICIPATED SCHEDULE: Adoption expected by June of 2000.
AFFECTED PARTIES: Workers affected by such programs.

CHAPTER 266: Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs
STATUTORY AUTHORITY: Pursuant to 17-A MRSA Section 1112
PURPOSE: To amend as needed in response to change in practice or change in law.
ANTICIPATED SCHEDULE: Adoption expected by June 10, 2000.
AFFECTED PARTIES: Chemists analyzing drugs; suspects in cases of alleged possession of drugs.

CHAPTER 267: Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level.
CHAPTER 268: Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level.
CHAPTER 269: Rules Governing Self Contained Breath Alcohol Testing Equipment.
CHAPTER 270: Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases.
STATUTORY AUTHORITY: Pursuant to 29 MRSA Section 1312 (6).
PURPOSE: To amend the appropriate rules as required by current good practice or as needed to comply with changes in the law.
ANTICIPATED SCHEDULE: Adoption expected by June 15, 2000.
AFFECTED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers using specified equipment; Maine citizens, especially those involved either as suspects or victims in OUI situations.

CHAPTER 272: Rules regarding Coordinated Care Services for Children with Special Health Needs
STATUTORY AUTHORITY: 22 MRSA Section 42 (1); 22 MRSA Sections 1951 and 2001
PURPOSE: To update and amend rules which define program functions and responsibilities, in regards to payment of services to children with special health needs.
SCHEDULE FOR ADOPTION: Adoption expected by March 31, 2000
AFFECTED PARTIES: Children ages birth up to age 18 with special health care needs. Children with special health needs is defined as children who have serious health conditions or disabilities that have lasted or are expected to last at least one year. Such health conditions necessitate adaptations for daily functioning, prolonged or periodic hospitalizations, long-term care and/or follow-up. Effective treatment typically requires health and other services of a type and amount beyond those required by children generally and beyond basic medical services.

CHAPTER 506: Rule for Implementing the 1985 Amendment to the Maine Medical Compact Act (Dental Care)
STATUTORY AUTHORITY: 20-A MRSA Section 11804-A
ANTICIPATED SCHEDULE: To update and amend/augment the current rules for the Compact Program to align them with the current law(s).
ANTICIPATED SCHEDULE:: Adoption expected by June 2000.
ANTICIPATED SCHEDULE: the dental provider community and the citizens of Maine.

CHAPTER : Rules relating to the Maine Oral Health Services Program
STATUTORY AUTHORITY: 22 MRSA, Ch. 416-A, Section 2127
PURPOSE: This rule creates guidelines for the development and funding of oral health care services programs.
ANTICIPATED SCHEDULE: Adoption is expected by June 30, 2000
AFFECTED PARTIES: oral health services providers and citizens of Maine.


UMBRELLA-UNIT NUMBER: 10-144
AGENCY: Bureau of Family Independence
CONTACT PERSON: Susan L. Dustin, Director, Policy and Programs, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-3104

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

Chapter 301: Food Stamp Certification Manual
Removing the sunset provision of the State Food Stamp Program for NonCitizens

Chapter 323: Maine General Assistance Policy Manual - None

Chapter 331: Public Assistance Payments Manual
Transitional Child Care Guidelines
Updating the Federal Poverty Income Guidelines
TANF Benefit Increase

Chapter 332: Medicaid Eligibility Manual
1999 Federal Poverty Levels
SSI/Railroad Retirement COLA Disregards

Chapter 607: ASPIRE/TANF Program Rules - None

Chapter 608: ASPIRE/JOBS Program - Purchase of Service Contracts - None

Chapter 609: ASPIRE/JET PROGRAM RULES - None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 MRSA Section 3104
PURPOSE: These Rules establish requirements for eligibility for the Food Stamp changes. They will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who receive Food Stamps or apply for Food Stamp benefits.

CHAPTER 323: Maine General Assistance Policy Manual
STATUTORY AUTHORITY: 22 MRSA Section 4323
PURPOSE: These rules establish overall requirements for eligibility for General Assistance program. Rules are further delineated by municipal ordinances. These rules will be amended to reflect policy and law changes as well as to clarify rules already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals who apply for or receive General Assistance benefits.

CHAPTER 331: Public Assistance Payments Manual
STATUTORY AUTHORITY: 22 MRSA Section 3741
PURPOSE: These rules establish overall requirements for eligibility for the Temporary Assistance for Needy Families program. The will be amended to reflect policy and law changes as well as to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Families who apply for or receive Temporary Assistance for Needy Families benefits.

CHAPTER 332: Medicaid Eligibility Manual
STATUTORY AUTHORITY: 22 MRSA Section 3173
PURPOSE: These rules establish requirements for eligibility for Mainežs Medicaid, Cub Care, and State Supplement to Supplemental Security Income programs. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals and families applying for or receiving Medicaid, Cub Care or State Supplement benefits.

CHAPTER 607: ASPIRE/TANF Program rules
STATUTORY AUTHORITY: 22 MRSA Section 3781-A
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Temporary Assistance for Needy Families benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE/TANF program.

CHAPTER 608: ASPIRE/TANF PROGRAM - Purchase of Service Contracts
STATUTORY AUTHORITY: 22 MRSA Section 3781-A
PURPOSE: These rules establish the guidelines for contracts purchasing services for ASPIRE participants.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to August, 2000.
AFFECTED PARTIES: Agencies contracting with the Department of Human Services to provide services to ASPIRE participants.

CHAPTER 609: ASPIRE/JET PROGRAM RULES
STATUTORY AUTHORITY: 22 MRSA Section 3104
PURPOSE: These rules establish requirements for participants in the ASPIRE program who are receiving Food Stamp benefits. They will be amended to reflect changes in law and policy and to clarify requirements already in effect.
ANTICIPATED SCHEDULE: Year round
AFFECTED PARTIES: Individuals participating in the ASPIRE program who are receiving Food Stamp benefits.

RULE REVISIONS

Rules Providing for the Licensing of Specialized Children's Foster Homes
Chapter 15 22 MRSA section 8102

Rules Providing for the Licensing of Family Foster Homes for Children
Chapter 16 22 MRSA section 8102

Rules for the Adoption Assistance Program
Chapter 13 19 MRSA Sections 1141 - 1144 and 18-A MRSA, Part 4, sections 9-401 - 9-404

NEW RULES

CAPTA (Child Abuse Protection and Treatment Act) - Rules for Case Hearings

Rules for Reimbursement - rate setting

UMBRELLA-UNIT NUMBER: 10-144
AGENCY: Bureau of Family Independence
Division of Support Enforcement
CONTACT PERSON: Stephen L. Hussey, Director, Division of Support Enforcement and Recovery, 11 State House Station, Whitten Road, Augusta, ME 04333-0011. Tel: (207) 287-2886.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 351: Maine Child Support Enforcement Manual
STATUTORY AUTHORITY: 19-A MRSA Section 101 et seq.
PURPOSE: These rules implement Federal statutes, regulations and action transmittals of the U.S. Department of Health and Human Services and State statutes and establish rules of practice governing the conduct of adjudicatory proceedings of the Division of Support Enforcement and Recovery. They will be amended to reflect policy and law changes with clarifications as necessary.
ANTICIPATED SCHEDULE: Year round.
AFFECTED PARTIES: Persons who pay or receive support.


UMBRELLA/UNIT NUMBER: 10-146
AGENCY NAME: Bureau of Health, Vital Records Unit
CONTACT PERSON: Warren Bartlett, State Registrar, 11 State House Station, Augusta, ME 04333-0011. Tel: (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY

CHAPTER 1: Transportation and Final Disposition of Dead Bodies
STATUTORY AUTHORITY: 22 MRSA Sections 2703, 2843 and 2846; 30 MRSA Section 2352
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Funeral Directors, Maine citizens

CHAPTER 2: AMENDMENT OF VITAL RECORDS
STATUTORY AUTHORITY: 22 MRSA Sections 2701-2706, 2761, 3025, and 2846,
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 3: EVIDENCE OF LEGITIMATION
STATUTORY AUTHORITY: MRSA 22 Section 2765
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rule as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 4: Public Access to Vital Records
STATUTORY AUTHORITY: MRSA 1 Sections 42, 402 (3), 408 and 452
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Vital Records Unit, Genealogists, Maine citizens

CHAPTER 5: Medical Certification of Cause of Death
STATUTORY AUTHORITY: 22 MRSA Sections 2701, 2842, 2843, 2846, 2848, 2703 and 3025; 32 MRSA, Section 1405
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Funeral Directors, and Maine citizens

CHAPTER 6: Marriage License and Registration
STATUTORY AUTHORITY: 4 MRSA Sections 954-A, 1056, 19 MRSA Sections 1, 31, 61, 62, 92 and 121, 22 MRSA Sections 2702, 2703, 2801, and 2802 30 MRSA Section 2352
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 7: Vital Records Fees
STATUTORY AUTHORITY: 22 MRSA Section 9
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Vital Records Unit, Genealogists, and Maine citizens

CHAPTER 8: Release of Restricted Vital Statistics Data
STATUTORY AUTHORITY: 22 MRSA Section 2701, 2706(4), 2708(2) and 2765
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 9: DELAYED BIRTH REGISTRATION
STATUTORY AUTHORITY: 22 MRSA Section 2761
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 10: BIRTH REGISTRATION
STATUTORY AUTHORITY: 22 MRSA Sections 2706 and 2763
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens

CHAPTER 11: VITAL STATISTICS ADMINISTRATION
STATUTORY AUTHORITY:
PURPOSE: Revisions are needed to clarify some of its provisions, to amend the appropriate rules as required by current standard practice.
ANTICIPATED SCHEDULE: June 2000
AFFECTED PARTIES: Municipal clerks, Vital Records Unit, Maine citizens


UMBRELLA-UNIT NUMBER: 10-149
AGENCY: Bureau of Elder and Adult Services (BEAS)
CONTACT PERSON: Betty Forsythe, Assistant to the Director, #11 State House Station, Augusta, ME 04333-0011. Tel: (207) 624-5335

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 3: BEAS Fiscal Policy Manual
STATUTORY AUTHORITY:
Public Law 89-73, Older Americans Act of 1965 as amended
Title 45, CFR: Parts 16, 74, 80, 81, 84, 90, 100 and 1321
Title V, CFR: Part 900, subpart F
22 MRSA Section 5106 ž BEAS Powers and Duties
PURPOSE: These rules give the Bureau of Elder and Adult Services the authority to seek, accept and disburse Federal, State and private funds and to enter into funding agreements necessary to further its activities. They will be amended to bring them up to date and to eliminate requirements already specified by MAAP.
ANTICIPATED SCHEDULE: During SFY 2000.
AFFECTED PARTIES: Entities with which BEAS has entered into agreements to carry out activities relating to Maine aging population and incapacitated and dependent adults.

CHAPTER 5: BEAS Policy Manual
STATUTORY AUTHORITY:
Public Law 89-73, Older Americans Act of 1965 as amended
Title 45, CFR: Parts 16, 74, 80, 84, 90, 100 and 1321
Title V, CFR: Part 900, subpart F
22 MRSA, Section 312 ž Certificate of Need, Section 5106 ž BEAS Powers and Duties, Section 6108 ž Priority Social Services Program, Section 6203 ž Adult Day Care, Section 7303 ž In-Home and Community Support Services for Adults with Long-term Care Needs, Section 7341 ž Personal Care Assistance Services for Severely Physically Disabled Adults, Sec. 7915 ž Congregate Housing Services; 24-A MRSA, Section 6214, Continuing Care Retirement Communities
PURPOSE: These rules regulate the functioning of the Bureau of Elder and Adult Services as the designated State Agency responsible, under the direction of the Commissioner of the Department of Human Services, for the overall planning, policy, coordination and implementation of all functions and activities conducted or supported which relate to Mainežs aging population and incapacitated and dependent adults. They will be amended to reflect policy and statutory changes.
ANTICIPATED SCHEDULE: During SFY 2000.
AFFECTED PARTIES: Entities with which BEAS has entered into agreements to carry out activities relating to Maine's aging population and incapacitated and dependent adults.


AGENCY UMBRELLA-UNIT NUMBER: 90-429
AGENCY: Department of Human Services, Board of Licensure of Water Treatment Plant Operators
CONTACT PERSON: Gary L. Geraway, Secretary, 10 State House Station, Augusta, ME 04333-0010. Tel: (207) 287-2070.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

Expected 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Rules Relating to the Licensure of Water Treatment and Distribution System Operators
STATUTORY AUTHORITY: 22 MRSA Section 2628
PURPOSE: These rules are designed to regulate the certifying of operators of water treatment systems and water distribution systems serving the public. They will be amended to reflect policy and law changes.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: All water treatment and distribution system operators.


UMBRELLA/UNIT NUMBER: 90-429
AGENCY: Board of Licensure of Well Driller Operators

CHAPTER 1: State of Maine Rules Relating to Licensure of Operators:
Adoption of changes regarding licensing of water treatment plant operators.
STATUTORY AUTHORITY: 22 MRSA Section 2601
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.


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