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State of Maine

10
Department of Human Services

2000-2001 Regulatory Agenda



AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Department of Human Services, Bureau of Medical Services

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Ch. 101, Maine Medical Assistance Manual, Chapter III Section 22, Chapter II Section 65, Chapter 106 Maine Drugs for the Elderly Program,

EXPECTED 2000-2001 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 M.R.S.A. § 42, § 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 112, REGULATIONS FOR THE LICENSURE OF GENERAL AND SPECIALTY HOSPITALS IN THE STATE OF MAINE
STATUTORY AUTHORITY 22 MRSA Chapter 1, 3, 5, 6, 42, 1708-1711, 1715, 1811-1818, 1820-3, 1829, 1831.
PURPOSE: These rules govern the licensing and functioning of Hospitals.
ANTICIPATED SCHEDULE: Chapters VI, VIII, XI, XX, XXVIII will be revised in the next calendar year to reflect current standards of practice. Federal regulation changes, State legislation and State-initiated changes as a result of identified problems, require the timely amendment of adoption of new rules over the course of the year.
AFFECTED PARTIES: Hospital providers and consumers/patients

CHAPTER 120, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOSPICE PROGRAMS
STATUTORY AUTHORITY: 22 MRSA, Chapter 1681, 8621-8631
PURPOSE: These regulations govern the licensing of hospices in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes and will reflect current health care standards or practices as needed.
ANTICIPATED SCHEDULE: Chapter 5G. will reflect a change in hours for direct care personnel who are not full time hospice employees. The regulations will be amended by January 2001 to comply with Federal changes, statutory changes, and reflect current health care standards or practices as needed.
AFFECTED PARTIES: Hospices, consumers, and managed care organizations

CHAPTER 113, REGULATIONS FOR LICENSING AND FUNCTIONING OF ASSISTED LIVING FACILITIES
STATUTORY AUTHORITY: Title 22, Chapter 405, 1812-C, 1812-G; Chapter 413, 2053; Chapter 1453, 5107-A; Chapter 1663, 7801-7802; Chapter 1665, 7901-A, 7901-B, 7901-C, 7902-A, 7903, 7904-A, 7904-B, 7914, 7915; Chapter 1666, 7922; Title 32, Chapter 31, 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 that 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 November 2000.
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 November 2000.
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: Title 22, Chapter 958-A, 3470-3487; Chapter 1505, 6201-6209; Chapter 1663, 7801-7804; Chapter 1665, 5107-A; Chapter 1679, 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 facility's survey and license. The necessary changes will be made by November 2000.
AFFECTED PARTIES: All providers and consumers of Adult Day Services Programs

CHAPTER 119, REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF HOME HEALTH CARE SERVICES
STATUTORY AUTHORITY: 22 M.R.S.A., 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: It is not possible to predict when changes will be made to these regulations because of the nature of the work. Federal regulation changes, State legislature 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 organizations

CHAPTER 110, REGULATIONS GOVERNING THE LICENSING OF NURSING FACILITIES

STATUTORY AUTHORITY: Title 22 M.R.S.A Chapter 731, BBBB-6
PURPOSE: This rule requires the Department of Human Services to amend its rules to provide for default licensing for new facilities when a new applicant has filed a completed application, and has not been provided the necessary notifications, inspections or services for a period of more than 90 days.
ANTICIPATED SCHEDULE: These rules are expected to be in effect by January 1, 2001.
AFFECTED PARTIES: Nursing facility providers

STATUTORY AUTHORITY: Title 22 M.R.S.A Chapter 731, BBBB-11
PURPOSE: This rule requires the Department of Human Services to amend the rules for minimum staffing ratios in nursing facilities and to provide definitions of direct care providers and direct care.
ANTICIPATED SCHEDULE: It is expected that these rules will be effective in October, 2000
AFFECTED PARTIES: Nursing facility residents, and nursing facility providers

STATUTORY AUTHORITY: Title 22 M.R.S.A Chapter 731, BBBB-12
PURPOSE: This rule requires the Department of Human Services to amend its rules regarding the duration of licenses for providers of long term care services and the surveys required of those providers.
ANTICIPATED SCHEDULE: These rules are expected to be in effect by January 1, 2001.
AFFECTED PARTIES: Nursing Facility Providers

CHAPTER 106, MAINE'S DRUGS FOR THE ELDERLY PROGRAM

STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 254
PURPOSE: These rules govern the operation of Maine's 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

STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 3174
PURPOSE: These rules will govern the operation of Maine's 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 130, MAINE Rx PROGRAM
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 603
PURPOSE: These rules govern the operation of Maine's State-run drug cost containment program. 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: Uninsured Maine residents as well as pharmacies

CHAPTER 107, MAINE EYE CARE PROGRAM
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, § 3173
PURPOSE: These rules govern the operation of Maine's 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

CUB CARE
STATUTORY AUTHORITY: P.L. 99 Chapter 777
PURPOSE: These rules establish the Children's 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


AGENCY NAME: Department of Human Services, Bureau of Health

CONTACT PERSON: N. Warren Bartlett, Dir., Office of Health Data and Program Management, BOH, 157 Capitol Street, State House Station #11, Augusta, ME 04333-0011, (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 201: Rules Relating To Eating And Lodging Places
STATUTORY AUTHORITY: 22 MRSA 2491- 2501
PURPOSE: To revise these rules to bring them into more agreement with the new Food Code recently released by the US FDA.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.

CHAPTER 202: Rules Relating to Swimming Pools and Spas
STATUTORY AUTHORITY: 22 MRSA 1631-1635; 2661-2669
PURPOSE: To bring rules up to currently accepted standards.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Owners/operators of public swimming pools and public spas.

CHAPTER 205: Rules Relating to Campgrounds, Tent and Recreational Vehicle Parks, Wilderness Recreational Parks, Agricultural Fair Campgrounds, and Temporary Campgrounds
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PURPOSE: To update and clarify rules for campgrounds.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Public, owners/operators of campgrounds.

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PURPOSE: To bring the rules up to date with certification requirements.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Summer youth camps and their staff, children who attend summer youth camps.

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping - Rules Relating to Maine Immunization Program
STATUTORY AUTHORITY: PL 1989 C.487
PURPOSE: To revise definitions, add Varicella and Hepatitis B to list of required immunizations, clarify acceptable exemptions to immunization rule for children in day camps, and add requirements for staff immunizations.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Day camp owners/agencies, overnight camp directors and staff.

CHAPTER___: Rules Relating to Maine Immunization Program
STATUTORY AUTHORITY: PL 1989 C. 487
PURPOSE: To establish rules related to immunization requirements for overnight camp children and staff members.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2001.
AFFECTED PARTIES: Overnight camp owners/agencies, overnight camp directors and staff.

CHAPTER 209: Body Piercing Rules
STATUTORY AUTHORITY: 32 MRSA 4321-4329
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: People who practice body piercing and the public.

CHAPTER 210: Rules Relating to Tattooing
STATUTORY AUTHORITY: 32 MRSA 4251
PURPOSE: To update these rules to reflect changes in the practice of tattooing and in the protection of public health.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Public, tattooists.

CHAPTER 211: Micropigmentation Rules
STATUTORY AUTHORITY: 32 MRSA 4311-4317
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.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: People who practice micropigmentation and the public.

CHAPTER 220: Rules Relating To Radiation Protection
STATUTORY AUTHORITY: 22 MRSA 674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials and revise definitions. To adopt new regulations for technologically enhanced naturally occurring radioactive materials.
ANTICIPATED SCHEDULE: Late 2000 to early 2001.
AFFECTED PARTIES: will be outlined under each separate part.

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

Part C, Licensing of Radioactive Material
PURPOSE: Changes to maintain federal compatibility
AFFECTED PARTIES: All users of radioactive material.

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.
AFFECTED PARTIES: All users of radioactive material.

Part E, Radiation Safety Requirements for Industrial Radiographic Operations.
PURPOSE: Changes to maintain compatibility with the Federal regulations for radioactive materials and with the national suggested state regulations for x-ray use in industrial radiography.
AFFECTED PARTIES: All industrial radiography licensees.

Part F, X-rays in the Healing Arts
PURPOSE: To delete sections that deal specifically with therapy uses of x-ray equipment. These requirements will be moved to the new Part X to be clearer and more consistent with national regulations.
AFFECTED PARTIES: All facilities using X-ray radiation therapy equipment.

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.
AFFECTED PARTIES: All medical users of radioactive material.

Part N, "Technologically Enhanced Naturally Occurring Radioactive Materials"
PURPOSE: Adopt this new section to update our rules to the new national suggested state regulations.
AFFECTED PARTIES: All users of radioactive material. This will include those who are concentrating naturally occurring radioactive materials from oil and natural gas drilling, refining, and piping operations as well as operations that will concentrate radioactive materials in ground water.

Part X, Therapeutic Radiation Machines
PURPOSE: To put all therapeutic uses of radiation machines into a separate section. To also adopt regulations that will bring the Maine requirements in compatibility with the national suggested state radiation regulations.
AFFECTED PARTIES: All medical licensees that have therapeutic uses.

CHAPTER 223: Rules Relating to Tanning Facilities
STATUTORY AUTHORITY: 22 MRSA 674
PURPOSE: To update regulations originally adopted in 1991 to respond to requests and changes in the industry and, specifically, to respond to a petition by one individual to prohibit unlimited tanning.
ANTICIPATED SCHEDULE: Late 2000 to early 2001.
AFFECTED PARTIES: Tanning facility owners.

CHAPTER 224: Air and Water Radon Service Provider Registration Rules
STATUTORY AUTHORITY: 22 MRSA 781
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
ANTICIPATED SCHEDULE: Late 2000 to early 2001.
AFFECTED PARTIES: Radon Service Providers and the general public which contract such services.

CHAPTER 225: Rules Relating To The Licensing of Suppliers of Compressed Air Used In Self-Contained Breathing Apparatus
STATUTORY AUTHORITY: 22 MRSA 1581 et seq.
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Dive shops, fire departments, other suppliers of compressed air.

CHAPTER 226: Cross Connection Rules.
STATUTORY AUTHORITY: 22 MRSA 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 not later than December 2000.
AFFECTED PARTIES: All public drinking water systems.

CHAPTER 228: Rules Relating to Fluoridation of Public Water Systems.
STATUTORY AUTHORITY: 22 MRSA 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 not later than December 2000.
AFFECTED PARTIES: All public drinking water systems.

CHAPTER 231: Rules Relating to Drinking Water
STATUTORY AUTHORITY: 22 MRSA 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 not later than December 2000.
AFFECTED PARTIES: All public drinking water systems.

CHAPTER 232: Rules Relating to Water Well Drilling
STATUTORY AUTHORITY: 22 MRSA 1689-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2001.
AFFECTED PARTIES: Well drillers and pump installers registered in the State of Maine.

CHAPTER 233: Test of Private Water Systems for Potentially Hazardous Contaminants
STATUTORY AUTHORITY: 22 MRSA 2602-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2001.
AFFECTED PARTIES: DHS and private residential water supplies.

CHAPTER 235: Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines.
STATUTORY AUTHORITY: 22 MRSA 2611
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to suppliers of bottled water.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2001.
AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors.

CHAPTER 240: Rules for Appointment and Administration of Local Plumbing Inspectors
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish procedures for the appointment of local plumbing inspectors in regard to eligibility requirements, as well as administration of the permit process and enforcement.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Persons certified as Local Plumbing Inspectors, or those seeking such certification.

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: 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 held in February each year.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Any person, establishment, and/or institution using on-site wastewater disposal for treatment of sewage.

CHAPTER 242: Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish minimum State requirements for conversion of seasonal residences using onsite subsurface wastewater disposal into year-round to assure environmental sanitation and safety. These rules are intended to complement municipal planning, zoning, and land use control.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Anyone wishing to convert a seasonal residence to year-round.

CHAPTER 243: Minimum Lot Size Law Variance Rules
STATUTORY AUTHORITY: 12 MRSA 4807
PURPOSE: To establish 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.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Anyone wishing to create a lot not in conformance with 12 MRSA 4807.

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
STATUTORY AUTHORITY: 22 MRSA 42
PURPOSE: To establish 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.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and practice the act of performing design for subsurface wastewater disposal systems.

CHAPTER 250: Rules Relating to Smoking in Restaurants
STATUTORY AUTHORITY: 22 MRSA 1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: Public, employees, owners/operators of restaurants.

CHAPTER No. 252 Lead Poisoning Control Act
STATUTORY AUTHORITY: Pursuant to 22 MRSA Paragraph 1320, 1320-A, & 1321
Purpose: To adopt policies defining environmental lead investigations.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2001.
AFFECTED PARTIES: Maine licensed Lead Risk Assessors and licensed Lead inspectors.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment concerning testing for certain analytes without a physician's order
STATUTORY AUTHORITY: 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 is expected not later than June 30, 2001.
AFFECTED PARTIES: Independent medical laboratories and clients of such labs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regulating maternal serum alpha-fetoprotein testing
STATUTORY AUTHORITY: 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 is expected not later than June 30, 2001.
AFFECTED PARTIES: Medical laboratories and women undergoing maternal alpha-fetoprotein testing.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regarding fee schedules for licensure of medical laboratories
STATUTORY AUTHORITY: 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: Adoption is expected not later than June 30, 2001.
AFFECTED PARTIES: Medical laboratories and state citizens.

CHAPTER 256: Maine Medical Laboratory Rules - Amendments to bring Maine rules into compliance with requirements of the Federal Clinical Laboratory Improvement Act of 1988 and other current standards of practice
STATUTORY AUTHORITY: 22 MRSA Section 2011 et. Seq.
PURPOSE: To bring Maine's medical laboratory regulations into concurrence with Federal standards.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2001.
AFFECTED PARTIES: State citizens who benefit from quality in-laboratory testing and medical laboratories, including independent, hospital, health screening and physician office laboratories.

CHAPTER 257: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
STATUTORY AUTHORITY: 22 MRSA 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 15, 2001.
AFFECTED PARTIES: DHS labs, programs and citizens served.

CHAPTER _____: Rules Relating to Maine Immunization Program
STATUTORY AUTHORITY: Title 22, Subtitle 2, Part 3, Subchapter 250, Subsection 802
PURPOSE: To clarify immunization of Health Care Workers for consistency with OSHA Bloodborne Pathogen Requirements, and define Health Care Facilities.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001
AFFECTED PARTIES: Healthcare facilities and their workers.

CHAPTER___: Rules Relating to Maine Immunization Program
STATUTORY AUTHORITY: Health & Welfare, Subtitle 2, Part 3, Chapter 251, Subchapter II-A, Article 3, Subsection 1064
PURPOSE: To establish rules related to implementation of the Immunization Registry.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2001.
AFFECTED PARTIES: Health care providers, public health officials, parents/guardians.

CHAPTER 260: Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
STATUTORY AUTHORITY: 7 MRSA 3922(3)
PURPOSE: To amend requirements for protection of the public health in regards to rabies.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 15, 2001.
AFFECTED PARTIES: Animal (dog) owners and Maine citizens.

CHAPTER 261: Rules Relating to Maine Immunization Program
STATUTORY AUTHORITY: Title 20-A, Part 3, Chapter 223, Subchapter 2,
Subsection 6353; PL 1989, C.487
PURPOSE: : To add Varicella and Hepatitis B to required immunizations.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Public schools, parents/guardians.

CHAPTER 263: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
STATUTORY AUTHORITY: 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 is expected not later than June 15, 2001.
AFFECTED PARTIES: Health and Environmental Testing Laboratory and Maine citizens.

CHAPTER 263: Rules Concerning Certification of Environmental and Drinking Water Testing Laboratories
STATUTORY AUTHORITY: 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: Adoption is expected not later than January 31, 2001 and subsequent dates.
AFFECTED PARTIES: Environmental and drinking water labs and other laboratories.

CHAPTER 265: Maine Drug Testing Laboratory Rules - Amendment concerning specimen collection procedures and specimen tampering
STATUTORY AUTHORITY: 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 is expected not later than June 30, 2001.
AFFECTED PARTIES: Workplace substance of abuse testing programs and workers affected by such programs.

CHAPTER 266: Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
STATUTORY AUTHORITY: 17-A MRSA Section 1112
PURPOSE: To amend as needed in response to change in practice or change in law.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 10, 2001.
AFFECTED PARTIES: Chemists analyzing drugs and 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 - Amendment
STATUTORY AUTHORITY: 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 is expected not later than June 15, 2001.
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 268: Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level - Amendment
STATUTORY AUTHORITY: 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 is expected not later than June 15, 2001.
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 269: Rules Governing Self Contained Breath Alcohol Testing Equipment - Amendment
STATUTORY AUTHORITY: 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 is expected not later than June 15, 2001.
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 270: Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases - Amendment
STATUTORY AUTHORITY: 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 is expected not later than June 15, 2001.
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: Coordinated Care Services for Children with Special Health Needs Rules
PURPOSE: The CSHN Program pays for major subspecialty medical care which includes but is not limited to the following: diagnostic, medical, surgical, corrective and other therapeutic intervention for infants, children and adolescents. These rules assist program staff in determining what eligible conditions, types of services and providers who are eligible for payment.
ANTICIPATED SCHEDULE: Adoption expected by December 2000.
AFFECTED PARTIES: Infants, children and adolescents with special health care needs from birth up until their 18th birthday.

CHAPTER 283: Rules Relating to Newborn Screening Program
STATUTORY AUTHORITY: 22 MRSA 1532 and 1533
PURPOSE: : To clarify responsibilities of hospital administration and staff, physicians, "principal birthing attendants", parents and others with regard to the screening of newborn infants for conditions which if untreated can cause mental retardation or early death. These rules address the timing of newborn blood specimen collection, shipment of specimens, parental refusal of tests, conditions to be screened, optional tests, records to be maintained, responsibilities for follow-up tests when necessary and the storage and use of leftover specimens.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER _____: Rules Relating to Birth Defects Program
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 not later than June 30, 2001.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER _____: Rules Relating to Newborn Hearing Program
STATUTORY AUTHORITY: 2000 PL 647
PURPOSE: : To define reporting requirements, program functions and responsibilities regarding newborn hearing screening, diagnosis and intervention.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER 286: Maine WIC Program Rules
STATUTORY AUTHORITY: 22 MRSA Subsections 42 and 1951
PURPOSE: To repeal and replace the rules which describe the procedures and standards that participants, local agencies and vendors must adhere to when they deal with the Maine WIC Program. The rules are designed to assure adequate participant convenience as well as vendor and local agency compliance with Federal regulations.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Any person/company who currently has or wishes to have a relationship with WIC (e.g., local agency, participant, grocery store vendor).

CHAPTER No___: Rules Related to the Dental Services Program
STATUTORY AUTHORITY: Pursuant to 1999 PL 416-A, Part MM, Dental Services
PURPOSE: To adopt routine technical rules to implement the Dental Services
program, which provides funds for the start-up or expansion of public or
non-profit oral health care programs; to subsidize the provision of oral health
care per persons without insurance coverage for that care whose gross income is
below 200% of the nonfarm income official poverty level; and to provide oral
health case management and community oral health education services.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2001.
AFFECTED PARTIES: Public and private non-profit organizations and agencies that
provide oral health services, and specifically, clinical dental services, to
persons who are uninsured or underinsured for oral health care and that serve
persons whose oral health care is covered by Medicaid.

CHAPTER _____: 496 Public Law: An Act to Establish the Maine Dental Education Loan Program
STATUTORY AUTHORITY: Pursuant to 1999, 20-A MRSA Chapter 426
PURPOSE: To develop rules to establish the criteria for the Commissioner of Human Services to designate dental underserved population areas.
ANTICIPATED SCHEDULE: Adoption expected not later than December 31, 2000.
AFFECTED PARTIES: Those populations that are currently underserved by dentists.

CHAPTER 509: Rules for Designating Areas, Populations or Hospitals as Underserved by Specialty Physicians - Amendment
STATUTORY AUTHORITY: 20-A MRSA Chapter 421
PURPOSE: Amend these rules to add more specific criteria.
ANTICIPATED SCHEDULE: Adoption expected not later than March 31, 2001.
AFFECTED PARTIES: The more underserved populations will have increased access to specialty physicians.

CHAPTER _____: Rules Relating to Smoking in Public Places
STATUTORY AUTHORITY: 22 MRSA Section 3 and 22 MRSA Section 1541 et seq.
PURPOSE: The Bureau of Health has been authorized to enforce provisions regarding smoking in public places for compliance with 22 MRSA Section 1541 et seq.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Maine citizens, operators of certain public places.

CHAPTER____: Rules Relating to Human Leukocyte Antigen Screening
STATUTORY AUTHORITY: 22 MRSA, c 250-A
PURPOSE: To establish rules related to the human leukocyte antigen screening fund.
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2001.
AFFECTED PARTIES: Maine citizens.


AGENCY NAME: Division of Health Engineering, Bureau of Health, Department of Human Services

CONTACT PERSON: Clough Toppan, Director, Division of Health Engineering, 10 State House Station, Augusta, ME 04333-0010 Tel: (207) 287-5686

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY: see the chapters listed under the Bureau of Health, above.


AGENCY NAME: Department of Human Services, Bureau of Family Independence, Eligibility

CONTACT PERSON: David Lanman, Manager, Special Projects, 11 State House Station, Augusta, ME 0433-0011. Tel: (207) 287-2637

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 301 (Food Stamp Certification Manual): None
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):
2000 Federal Poverty Levels
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 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 301: Food Stamp Certification Manual
STATUTORY AUTHORITY: 22 MRSA 3104
PURPOSE: These Rules establish requirements for eligibility for the Food Stamp program. 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 4323
PURPOSE: These rules establish overall requirements for eligibility for the 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 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 3173
PURPOSE: These rules establish requirements for eligibility for Maine's 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 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 3781-A
PURPOSE: These rules establish the guidelines for contracts purchasing services for ASPIRE participants.
ANTICIPATED SCHEDULE: Year round.
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 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.


AGENCY NAME: Department of Human Services, Bureau of Family Independence, Division of Support Enforcement and Recovery

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: CHAPTER 351 (Child Support Enforcement Manual): None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 351: Maine Child Support Enforcement Manual
STATUTORY AUTHORITY: 19-A MRSA 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 adjudicative 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: Late summer or early fall 2000.
AFFECTED PARTIES: Persons who pay or receive support.


AGENCY UMBRELLA-UNIT NUMBER: 10-146
AGENCY NAME: Department of Human Services, Office of Data, Research and Vital Statistics

CONTACT PERSON: N. Warren Bartlett, Director, Office of Health Data and Program Management, 11 State House Station, Augusta, ME 04333-0011
Tel: (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 1: Rule on Transportation, Storage, and Final Disposition of Dead Bodies - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2843-2846; 32 MRSA 1405
PURPOSE: This rule establishes procedures for transport and burial of human remains. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Funeral directors, crematoria operators, authorized persons, surviving family members and descendants, hospitals, physicians and medical examiners.

CHAPTER 2: Rule on Amendment of Vital Records - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2705, 2764, 2765
PURPOSE: This rule establishes policies and procedures for correcting, completing, or otherwise amending records of birth, death, fetal death and marriage. The rule must be amended to handle situations not addressed adequately in the present rule.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants, immediate families and descendants.

CHAPTER 3: Rule on Evidence of Legitimation - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2765
PURPOSE: This rule prescribes the evidence required for a birth to be legitimated and sets forth procedures to be followed.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants and their parents.

CHAPTER 4: Rule on Public Access to Vital Records - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2706; 1 MRSA 402(3) and 408
PURPOSE: Revisions are needed to clarify certain provisions and to bring the rule into conformance with more recent statutes and regulations. Changes in record storage and archiving, including electronic methods, may require changes in the rule.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: General public, genealogists, health, medical and social research studies, municipal clerks, Maine State Archives.

CHAPTER 5: Rule on Medical Certification of Cause of Death
STATUTORY AUTHORITY: 22 MRSA 2701, 2842, 2843-2847, 3025, 3026;
32 MRSA 1404, 1404-a, 1405
PURPOSE: This rule establishes procedures and timeframes for the medical certification of a death. The respective roles and responsibilities of the certifying physician, medical examiner, funeral director and authorized person are specified.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Surviving family members and descendants, hospitals, physicians and medical examiners, funeral directors, crematoria operators and authorized persons.

CHAPTER 6: Rule on Marriage License and Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2801, 2802; 19 MRSA 61, 62, 63, 121; 19 MRSA Ch. 694
PURPOSE: This rule establishes procedures for the registration of marriages performed in Maine, including filing intentions, issuing licenses and registering certificates. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Brides and grooms, municipal clerks, persons solemnizing marriages.

CHAPTER 7: Rule on Vital Records Fees - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701
PURPOSE: This rule sets the fees to be charged by the Office of Vital Statistics for certified copies of vital records and other services provided by the Office. Changes in services provided require adjustment of fees.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Persons requesting certified copies of vital records and other services provided by the office of Vital Statistics, e.g., legitimation, adoption, acknowledgement of paternity, delayed registration of birth or death, legal name changes, etc.

CHAPTER 8: Rule on Release of Restricted Vital Statistics Data - Amendment
STATUTORY AUTHORITY: 22 MRSA 1596, 2706; 1 MRSA 402(3) and 408
PURPOSE: This rule establishes procedures and policies for the release of restricted vital statistics data, i.e., data contained on vital records of birth, death, fetal death, miscarriage, induced abortion, and marriage which include personal identifiers such as name and street address or confidential data on legitimacy status, cause of death, medical and demographic information, etc. Automation of part of the registration process requires some changes in procedure.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants, immediate family and descendants, and their legal representatives; genealogists; federal, state or municipal agencies of government; health, medical and social research studies.

CHAPTER 9: Rule on Delayed Birth Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2764
PURPOSE: This rule prescribes the evidence required for establishing a delayed registration of birth and sets forth the procedures to be followed. Clarification of some items is needed.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants, immediate family and descendants.

CHAPTER 10: Rule on Birth Registration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701, 2701-A, 2702, 2702-A and 2761
PURPOSE: This rule establishes time frames and procedures for the electronic registration of births by hospitals and assigns responsibility for registering births which occur outside an institution. It requires that each hospital provide an opportunity for all unmarried parents to complete a voluntary acknowledgment of paternity. It specifies the time frames and procedures for municipal clerks to transmit copies of birth records to the town of the mother's residence, if different, and to the state registrar of vital statistics. Minor revisions are needed to further clarify some of its provisions.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants and families; hospitals; municipal clerks; persons requesting certified copies of vital records; Office of Data, Research and Vital Statistics.

CHAPTER 11: Rule on Vital Statistics Administration - Amendment
STATUTORY AUTHORITY: 22 MRSA 2701
PURPOSE: This proposed rule establishes time frames, standards and procedures for preparing birth, death and marriage certificates, filing and registering them, preparing certified copies, and preserving and disposing of such records. It authorizes electronic reporting and the use of electronic media for the preservation and storage of vital records. It provides several safeguards to protect against the use of fraudulent records and/or the fraudulent use of vital records. Revisions are needed to clarify some of its provisions.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2001.
AFFECTED PARTIES: Individual registrants, immediate family and descendants; funeral directors; hospitals, physicians, and medical examiners; municipal clerks; persons requesting certified copies of vital records; Office of Data, Research and Vital Statistics; state and federal government.


AGENCY UMBRELLA-UNIT NUMBER: 90-429
AGENCY NAME: Water Treatment Plant Operators Board (under the jurisdiction of the Division of Health Engineering, Bureau of Health, Department of Human Services)

CONTACT PERSON: N. Warren Bartlett, Dir., Office of Health Data and Program Management, BOH, 157 Capitol Street, State House Station #11, Augusta, ME 04333, (207) 287-3264

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems.
STATUTORY AUTHORITY: 22 MRSA 2623
PURPOSE: To revise, strengthen and update existing sections of the state rules relating to the licensing of operators of public water systems.
ANTICIPATED SCHEDULE: Adoption expected not later than December 2000.
AFFECTED PARTIES: All public drinking water systems.


AGENCY UMBRELLA - UNIT NUMBER: 10-148
AGENCY NAME: Department of Human Services, Bureau of Child & Family Services

CONTACT PERSON: Diane Towle, Acting Director, Bureau Operations, State House Station 11, Augusta, Me. 04333 Tel. 207-287-5064

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: none

EXPECTED 2000-2001 RULE- MAKING ACTIVITY:

CHAPTER 1661: Facilities for Children and Adults
STATUTORY AUTHORITY: 22 MRSA 8101 and 8102
PURPOSE: To provide principles for rate determination and contract development applicable to in-state Children's Residential Facilities, Child Placing Agencies, Emergency Shelters and Shelters for Homeless Children, for services provided to children in the care and custody of the Department of Human Services.
ANTICIPATED SCHEDULE: late fall or early winter
AFFECTED PARTIES: Providers of services to children in the care and custody of DHS who are in treatment level foster care, residential care and in emergency shelters and shelters for homeless children.

Please be advised that pursuant to LD#528 An Act to Implement the Recommendations of the Task Force to Study the Need for an Ombudsman for the Department of Human Services and Department of Mental Health, Retardation and Substance Abuse Services, the Department of Human Services, Bureau of Child and Family Services, by the September 30, 2000, shall review all policies governing child protective services for the purpose of determining these portions appropriate for adopting rules under the Maine Revised Statues, Title 5, chapter 375.

The bureau will report to the Joint standing committee of the legislature having jurisdiction over health and human services matters on the results of the review and the bureau will conclude and adopt the rules by June 30, 2001.

These rules adopted pursuant to this section are routine technical rules as defined in title 5, CHAPTER 375, subchapter II-A.


AGENCY UMBRELLA-UNIT NUMBER: 10-149
AGENCY NAME: 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

Amendment to 1999-2000 Regulatory Agenda

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
Yes Consumer Co-payment rules for Sections 61, 62, 63, 68, 69 in the BEAS Policy Manual

EXPECTED 1999-2000 RULE-MAKING ACTIVITY: This amendment to the BEAS rulemaking agenda adds repeal of 10-144, Chapter 551 and 10-148 Chapter 551 in order to bring the rules governing the state funded Home Based Care Program up-to-date. These were initially joint rules of the Bureau of Maine's Elderly(now Bureau of Elder and Adult Services) and the Bureau of Social Services (now Bureau of Child and Family Services) of the Department of Human Services and the Bureau of Rehabilitation Services of the Department of Labor. The Department of labor repealed them (12-152, Chapter 551) in 1998 as required. The Department of Human Services inadvertently omitted doing so. This corrects that error and eliminates the confusion due to parallel set of rules. Neither the Child and Family Services nor the Bureau of Rehabilitation Services currently has a role in administration of the Home Based Care Program

STATUTORY AUTHORITY: 22 MRSA 5106 Bureau of Elder and Adult Services Powers and Duties.


REGULATORY AGENDA
for August 18, 2000 to October 1, 2001

AGENCY UMBRELLA-UNIT NUMBER: 10-149
AGENCY NAME: 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: Repeal of 10-144, Chap. 551, 10-148, Chap. 551, and 10-149 Chap. 551, Home Based Care Act Rules, effective 7/25/2000

EXPECTED 8/18/2000 - 10/1/2001 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
* Title 22 MRSA, Sec. 5106 - 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: Demands on fiscal staff to meet on-going deadlines and responsibilities make it difficult to predict when this will be done. In the meantime BEAS follows all requirements specified by MAAP.
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
BEAS will amend its rules governing the provision and reimbursement of state funded services, appeal rights of consumers and certain administrative functions relating to the programs administered by BEAS. They will be amended to comply with legislative directives, to update policy, to implement new services and to establish more consistency among programs. It will also revise the policy manual pagination in order to facilitate future amendments. The rule repealing 10-144, Chap 551, 10-148, Chap 551 and 10-149 Chap 551 as an emergency as of July 25, 2000, will be proposed under regular rulemaking. The three Chapters 551 should have been repealed in 1991, when they were superceded by 10-149, Chap 5, Section 63. Correcting that omission will eliminate confusion and clarify governance of the state funded Home Based Care Program.
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
Title 22 MRSA:
* Sec. 312 - Certificate of Need
* Sec. 5106 - BEAS Powers and Duties
* Sec. 6108 - Priority Social Services Program
* Sec. 6203 - Adult Day Care
* Sec. 7303 - In-Home and Community Support Services for Adults with Long-term Care Needs
* Sec. 7341 - Personal Care Assistance Services for Severely Physically Disabled Adults
* Sec. 7915 - Congregate Housing Services
* Title 24-A MRSA, Sec. 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 Maine's aging population and incapacitated and dependent adults. They are amended to reflect policy and statutory changes.
ANTICIPATED SCHEDULE: It is not possible to predict the timetable for making the changes over the course of the period covered by this agenda since some will be dependent upon Federal law and regulation changes and state legislation and state initiated changes required to remedy identified problems
AFFECTED PARTIES: Entities with which BEAS has entered into agreements to carry out activities/programs relating to Maine's aging population and incapacitated and dependent adults and the individuals who participate in the activities/programs or are recipients of services.


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