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Department of Human Services

2002-2003 Regulatory Agenda


10-144:
     Bureau of Family Independence
          Eligibility
          Division of Support Enforcement and Recovery
     Bureau of Health
          General
          Division of Community Health
          Division of Disease Control
          Health and Environmental Testing Laboratory
          Division of Health Engineering
               Waste Water and Plumbing
               Drinking Water
               Radiation
          Division of Family Health
               Children with Special Health Needs Program
     Bureau of Medical Services
10-146:
     Office of Data, Research and Vital Statistics
10-148:
     Bureau of Child and Family Services
10-149:
     Bureau of Elder and Adult Services
90-429:
     Water Treatment Plant Operators Board


UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Bureau of Family Independence: Eligibility; and, Division of Support Enforcement and Recovery

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):
Updated Transitional Child Care Guidelines
Updated the Federal Poverty Income Guidelines

CHAPTER 332 MaineCare (Medicaid/Cub Care Eligibility) Manual:
SSI COLA Increase 2002; MaineCare Special Benefit for People Living with HIV/AIDS; Updated Federal Poverty Income Guidelines

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 M.R.S.A. § 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 M.R.S.A. § 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 M.R.S.A. §3761 - 3790
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: MaineCare Eligibility Manual
STATUTORY AUTHORITY: 22 M.R.S.A. § 3173
PURPOSE: These rules establish requirements for eligibility for Maine's MaineCare (formerly 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 MaineCare or State Supplement benefits.

CHAPTER 607: ASPIRE/TANF Program rules
STATUTORY AUTHORITY: 22 M.R.S.A. § 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 M.R.S.A. § 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 M.R.S.A. § 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.

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): Changes to conform the Maine Child Support Enforcement Manual to P.L. 2001, c. 264, an Act to Improve Child Support Services, which changed how child support is calculated and to comply with the federal mandate to conduct a quadrennial review of Maine's Child Support Guidelines (42 USC §667).

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER 351: Maine Child Support Enforcement Manual
STATUTORY AUTHORITY: 19-A M.R.S.A. § 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: Year round.
AFFECTED PARTIES: Persons who pay or receive support.


AGENCY NAME: Bureau of Health

General

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

CONSENSUS-BASED RULE DEVELOPMENT: While it is our general practice to involve stakeholders early on in the rulemaking process, we do not have a formal procedure for soliciting input.

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER____: Rules Relating to Human Leukocyte Antigen Screening
STATUTORY AUTHORITY: 22 M.R.S.A., 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, 2003.
AFFECTED PARTIES: Maine citizens.

CHAPTER____: Rules Relating to Medical Information
STATUTORY AUTHORITY: 22 M.R.S.A., c 1, Subchapter II, section 42
PURPOSE: To establish rules relating to the collection, analysis and release of health data.
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2003.
AFFECTED PARTIES: Maine citizens.

Division of Community Health

CONTACT PERSON: Barbara A. Leonard, Director, Division of Community Health, Bureau of Health, Key Plaza, 4th Floor, 11 Statehouse Station, Augusta, ME 04330-0011, 287-5387

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002 - 2003 RULEMAKING ACTIVITY: (NOTE: No rulemaking is required to follow consensus-based procedure.

CHAPTER: Rules Relating to Smoking in Public Places
STATUTORY AUTHORITY: 22 M.R.S.A. Section 3 and 22 M.R.S.A. Section 1541 et seq.
PURPOSE: The Bureau of Health has been authorized to enforce provisions regarding smoking in public places.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2003.
AFFECTED PARTIES: Maine citizens, operators of certain public places.

CHAPTER 295: Rules Related to the Dental Services Development and Subsidy Programs
STATUTORY AUTHORITY: 22 M.R.S.A. section 2127
PURPOSE: To define terms and conditions for the participation in, and receipt of funding for the Dental Services Development and Subsidy Programs.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2003.
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 250: Rules Relating to Workplace Smoking
STATUTORY AUTHORITY: 22 M.R.S.A. section 1580
PURPOSE: The Bureau of Health has been authorized to enforce and clarify the workplace smoking statute.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2003.
AFFECTED PARTIES: Maine citizens, business owners

CHAPTER 255: Rules Relating to the Maine Cancer Registry
STATUTORY AUTHORITY: 22 M.R.S.A. Section 1401 - 1405A
PURPOSE: Maine Cancer Registry Rules and Regulations will be more clearly defined in order to assure compliance with current cancer surveillance standards in several areas. These areas include mandatory reporting requirements, data requests, program objectives and record confidentiality.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2003.
AFFECTED PARTIES: Reporting sources (hospitals, physicians, pathology labs); those requesting data (researchers, agencies and organizations in public health and health care).

CHAPTER 295: Rules for Family Planning Funding
STATUTORY AUTHORITY: 22 M.R.S.A. section 1904
PURPOSE: To assure that all state funding provided for family planning services complies with existing federal Title X rules and regulations.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2003.
AFFECTED PARTIES: private non-profit organizations and agencies that contract with the state to provide family planning services.

CHAPTER : Rules Related to the Maine Breast and Cervical Health Program
STATUTORY AUTHORITY:
PURPOSE: To define terms and conditions for the participation in, and payment of services by the Maine Breast and Cervical Health Program.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2003.
AFFECTED PARTIES: Health Care Providers who provide breast and cervical cancer screening and diagnostic services to women age forty and older who are uninsured or underinsured and under 250% of the federal poverty level.

----------

CONTACT PERSON: Valerie Ricker, Director, Division of Community Health, Bureau of Health, Key Plaza, 7th Floor, 11 Statehouse Station, Augusta, ME 04330-0011, 287-5396

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002 - 2003 RULEMAKING ACTIVITY: (NOTE: No rulemaking is required to follow consensus-based procedure.

CHAPTER 283: Newborn Screening Program Rules (Updating to include optional tests.)
STATUTORY AUTHORITY: 22 M.R.S.A. § 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 by June 30, 2003.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER : Birth Defects Program Rules
STATUTORY AUTHORITY: Pursuant to 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 December 31, 2002.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER : Newborn Hearing Program Rules
STATUTORY AUTHORITY: Pursuant to 2000 PL 647
PURPOSE: To define reporting requirements, program functions and responsibilities regarding newborn hearing screening, diagnosis and intervention.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2003.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER 292: Environmental Lead Investigations
STATUTORY AUTHORITY: Title 22 M.R.S.A., Chapter 252
PURPOSE: These rules regulate how and when environmental investigations may be conducted.
ANTICIPATED SCHEDULE: By September 30, 2002
AFFECTED PARTIES: Maine licensed lead inspectors and risk assessors, parents of lead poisoned children, Maine property owners.
Consensus-based Rule Development: Not anticipated.

CHAPTER 286: Maine WIC Program Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 42 and 1951
PURPOSE: To repeal and/or replace and modify 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 by July 2003
AFFECTED PARTIES: Any person/company who currently has or wishes to have a relationship with WIC (e.g., local agency, participant, grocery store vendor).

Division of Disease Control

CONTACT PERSON: Paul Kuehnert, Director, Division of Disease Control; Interim Director, Public Health Emergency Preparedness, 11 State House Station, Augusta, ME 04333; Tel. (207) 287-5179

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: CHAPTER 261 (joint with DOE Chapter 126)

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER 252: Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
STATUTORY AUTHORITY: 22 M.R.S.A. § 1341
PURPOSE: To update and clarify the Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: Staff and Administrators of Needle Exchange Programs and qualifying agencies and individuals.

CHAPTER 258: Rules for the Control of Notifiable Conditions
STATUTORY AUTHORITY: 22 M.R.S.A. § 802
PURPOSE: To update and clarify the Rules for the Control of Notifiable Conditions
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: Physicians and Physician Assistants, Medical Laboratories, Healthcare Facilities, Healthcare Administrators, Health officers, Veterinarians and Veterinary Medical Laboratories.

CHAPTER 261: Immunization Requirements for School Children (joint with DOE 05-071 Chapter 126)
STATUTORY AUTHORITY: 20-A M.R.S.A. § 6358
PURPOSE: To update and clarify the Rules Relating to Immunization Requirements for School Children.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: State and school health officials, families with school-aged children, public and private health care providers.

CHAPTER 262: Rules Relating to the Immunization of Post-Secondary School Students
STATUTORY AUTHORITY: 22 M.R.S.A. § 6359
PURPOSE: To update and clarify the Rules Relating to the Immunization of Post-Secondary School Students
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: State and school health officials, families with post-secondary school-aged children, public and private health care providers.

CHAPTER 264: Immunization Requirements for Healthcare Workers
STATUTORY AUTHORITY: 22 M.R.S.A. §802
PURPOSE: To update and clarify the Rules Relating to Immunization Requirements for Healthcare Workers.
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: Hospital and Health-care Administrators and their employees.

CHAPTER 274: Immunization Information System (IIS) Rules
STATUTORY AUTHORITY: 22 M.R.S.A. § 1064
PURPOSE: To update and clarify the Immunization Information System (IIS) Rules
ANTICIPATED SCHEDULE:: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: Immunization Providers and other entities who have a contract or Memorandum of Agreement with the Department to participate in the vaccine distribution program, the Immunization Information System, or to provide support services.

CHAPTER : Public Health Emergency Rules
STATUTORY AUTHORITY: 22 M.R.S.A. § 802
PURPOSE: To establish rules relating to public health emergency preparedness
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2003.
AFFECTED PARTIES: Statewide medical and healthcare providers and administrators, emergency management personnel, and the public at large.

Health and Environmental Testing Laboratory

CONTACT PERSON: Jack Krueger, Chief, Health & Environmental Testing Laboratory

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002 - 2003 RULEMAKING ACTIVITY:

CHAPTER : 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 expected by June of 2003
REGULATED PARTIES: Workplace substance of abuse testing programs
BENEFITTED PARTIES: Workers affected by such programs.

CHAPTER : 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 expected by June, 2003
REGULATED PARTIES: Independent medical laboratories
BENEFITTED PARTIES: Clients of such labs.

CHAPTER : 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 expected by June 30, 2003
REGULATED PARTIES: Medical Laboratories
BENEFITTED PARTIES: Women undergoing maternal alpha-fetoprotein testing.

CHAPTER : 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 expected by: Final rules by October 30, 2003, and subsequent dates.
REGULATED PARTIES: Medical laboratories
BENEFITTED PARTIES: State citizens

CHAPTER : 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: 22 M.R.S.A. Section 2011 et seq.
PURPOSE: to bring Maine's Medical Laboratory regulation into concurrence with Federal standards
ANTICIPATED SCHEDULE: Adoption expected by: June, 2003
REGULATED PARTIES: Medical Laboratories
BENEFITTED PARTIES: State citizens, which benefit from quality in laboratory testing and Medical Laboratories, including Independent, Hospital, Health Screening, and Physician Office

CHAPTER : 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: Amendment expected by January 31, 2003 and subsequent dates
REGULATED PARTIES: Environmental and Drinking water labs, and other laboratories.
BENEFITTED PARTIES: State agencies and other users of lab data (i.e. 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 : Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
ANTICIPATED SCHEDULE: Adoption expected by: Jan, 15 2003
REGULATED PARTIES: DHS labs
BENEFITTED PARTIES: Programs and citizens served

CHAPTER : Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases; Rules Governing Self Contained Breath Alcohol Testing Equipment; Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level; Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level(Amendments)
STATUTORY AUTHORITY: 29 M.R.S.A. 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: Expected date of adoption: by June 15, 2003
REGULATED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers using specified equipment.
BENEFITTED PARTIES: Maine citizens, especially those involved either as suspects or victims in OUI situations.

CHAPTER : Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
STATUTORY AUTHORITY: 17-A M.R.S.A. section 1112.
PURPOSE: To amend as needed in response to change in practice or change in law.
ANTICIPATED SCHEDULE: Adoption expected by: June 10, 2003
REGULATED PARTIES: Chemists analyzing drugs.
BENEFITTED PARTIES: Suspects in cases of alleged possession of drugs.

CHAPTER : Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
STATUTORY AUTHORITY: 7 M.R.S.A. 3922 (3).
PURPOSE: To amend requirements for protection of the public health, as regards rabies
ANTICIPATED SCHEDULE: Adoption expected by: June 15, 2003
REGULATED PARTIES: Animal (dog) owners
BENEFITTED PARTIES: Maine citizens

CHAPTER : Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 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, 2003
REGULATED PARTIES: Health and Environmental Testing Lab, and Maine Citizens
BENEFITTED PARTIES: Maine citizens.

Division of Health Engineering

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 2002-2003 RULEMAKING ACTIVITY:

Eating and Lodging:

CHAPTER 200: State of Maine Food Code
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE: To amend the Food Code, per the US Food and Drug Administration 2001 Food Code.
ANTICIPATED SCHEDULE: Late summer or early Fall 2003.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 201: [Proposed] Rules Relating to the Licensing and Enforcement of Establishments Licensed by the Eating and Lodging Program
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE: To consolidate the administrative portion of many rules into one rule.
ANTICIPATED SCHEDULE: Late Fall 2002 or Early Spring 2003.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 202: Rules Relating to Swimming Pools and Spas
STATUTORY AUTHORITY: 22 M.R.S.A. §1631-§1635; §2661-§2669
PURPOSE: To clarify the definitions of public and private swimming pools.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Owners/operators of public swimming pools and public spas.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 203: Rules for the Retail Sale of Tobacco
STATUTORY AUTHORITY: 22 M.R.S.A. §1551 et seq.; 22 M.R.S.A. §42 sub §1
PURPOSE: To clarify the administration of licenses.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Licensed tobacco retailers.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 205: Rules Relating to Campgrounds, Tent and Recreational Vehicle Parks, Wilderness Recreational Parks, Agricultural Fair Campgrounds, and Temporary Campgrounds
STATUTORY AUTHORITY: 22 M.R.S.A. §2491-2501
PURPOSE: To clarify definitions of recreational vehicle classification, and the definitions of temporary campground, and agricultural fair campground.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Public, fairs, event promoters, and owners/operators of campgrounds.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 206: Rules Relating to Lodging Places
STATUTORY AUTHORITY: 22 M.R.S.A. §2491- 2501.
PURPOSE: To amend the Rules Relating to Lodging Places.
ANTICIPATED SCHEDULE: Late summer 2003.
AFFECTED PARTIES: Eating and lodging establishments in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 208: Boys, Girls, Boys and Girls, Day Camps and Primitive and Trip Camping
STATUTORY AUTHORITY: 22 M.R.S.A. §2491-2501.
PURPOSE: To clarify specific definitions for similar camps, and bring the rules up to date with staff credentialing and certification requirements.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Summer youth camps and their staff, children who attend summer youth camps.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

CHAPTER 209: Body Piercing Rules
STATUTORY AUTHORITY: 32 M.R.S.A. §4321-4329.
PURPOSE: To provide health and safety standards for persons engaged in the practice of body piercing.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: People who practice body piercing and the public.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 210: Rules Relating to Tattooing
STATUTORY AUTHORITY: 32 M.R.S.A. §4251
PURPOSE: To amend the provisions for apprenticeships infected client reporting, and patient historical data collection.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Public, tattooists
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 211: Rules Relating to Micropigmentation Practitioners
STATUTORY AUTHORITY: 32 M.R.S.A. §4311-4317.
PURPOSE: To clarify the educational requirements for licensing.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Micropigmentation practitioners and the public.
CONSENSUS BASED RULE DEVELOPMENT: None planned.

CHAPTER 212: Rules for the Practice of Electrology
STATUTORY AUTHORITY: 32 M.R.S.A. §1221-1243.
PURPOSE: To clarify the definition of electrology, and to provide standards of practice, education, and training for the practice of permanent cosmetics and cosmetic tattooing.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: People who practice micropigmentation and the public.
CONSENSUS-BASED RULE DEVELOPMENT: Will meet with Association of Maine Electrologists.

CHAPTER 214: Mass Gathering Rules
STATUTORY AUTHORITY: 22 M.R.S.A. §1601-1602
PURPOSE: To amend the application process for permits, and clarify the method for determining event populations.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Public, municipalities, and event promoters.
CONSENSUS-BASED RULE DEVELOPMENT: Will meet with Maine Municipal Association.

CHAPTER 225: Rules Relating To The Licensing of Suppliers of Compressed Air Used In Self-Contained Breathing Apparatus
STATUTORY AUTHORITY: 22 M.R.S.A. §1581 et seq.
PURPOSE: To provide standards for the accurate testing of air and provide for third party testing.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Dive shops, fire departments, other suppliers of compressed air.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

CHAPTER 250: Rules Relating to Smoking in Restaurants
STATUTORY AUTHORITY: 22 M.R.S.A. §1579-A
PURPOSE: To upgrade and clarify rules as related to non-smoking areas in restaurants, and to increase the fee to $50 annually.
ANTICIPATED SCHEDULE: Late winter 2002 or early spring 2003.
AFFECTED PARTIES: Public, employees, owners/operators of restaurants.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.

Waste Water and Plumbing Control

CHAPTER 240: Rules for Appointment and Administration of Local Plumbing Inspectors
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE: To refine and clarify established procedures for the eligibility requirements, appointment, and duties of local plumbing inspectors.
ANTICIPATED SCHEDULE: February 2003.
AFFECTED PARTIES: Persons certified as Local Plumbing Inspectors, and those seeking such certification.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Municipal Officials, and members of the public.

CHAPTER 241: Maine Subsurface Wastewater Disposal System Rules:
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE: To update and refine the Rules governing the design, permitting, and installation of subsurface wastewater disposal systems as necessary, and to accommodate suggested changes from the general public.
ANTICIPATED SCHEDULE: February 2003.
AFFECTED PARTIES: Any person, establishment, and/or institution using an on-site subsurface wastewater disposal system for sanitary wastewater.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 242: Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE: To update established State requirements for the conversion of seasonal residences using onsite subsurface wastewater disposal to year-round use. These Rules are intended to complement municipal planning, zoning, and land use control.
ANTICIPATED SCHEDULE: February 2003.
AFFECTED PARTIES: Anyone wishing to convert a seasonal residence to year-round use.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 243: Minimum Lot Size Law Variance Rules
STATUTORY AUTHORITY: 12 M.R.S.A. §4807
PURPOSE: To update and clarify established provisions for approval of subsurface waste water disposal systems on lots with less than 20,000 square feet and 100 feet of frontage if the lot abuts a water body.
ANTICIPATED SCHEDULE: February 2003.
AFFECTED PARTIES: Anyone wishing to develop a lot meeting the exemption requirements of 12 M.R.S.A. 4807.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Local Plumbing Inspectors, Licensed Site Evaluators, Municipal Officials, and members of the public.

CHAPTER 245: Maine Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
STATUTORY AUTHORITY: 22 M.R.S.A. §42
PURPOSE: To update established standards of professional conduct and practice related to the examination and licensing of Site Evaluators.
ANTICIPATED SCHEDULE: February 2003.
AFFECTED PARTIES: Approximately 330 individuals are licensed to determine soil suitability and prepare designs for subsurface wastewater disposal systems handling less than 2,000 gallons per day of wastewater.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings with Licensed Site Evaluators and members of the public.

Drinking Water

CHAPTER 226: Rules Relating to Cross Connections.
STATUTORY AUTHORITY: 22 M.R.S.A. §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 2003.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 228: Rules Relating to Fluoridation of Public Water Systems.
STATUTORY AUTHORITY: 22 M.R.S.A. §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 2003.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 230: Rules Relating to Drinking Water State Revolving Loan Fund
STATUTORY AUTHORITY: 22 M.R.S.A. §5959 et seq.
PURPOSE: To adopt new federal rules, changes and amendments to existing federal rules to remain current with federally mandated standards regarding the State Revolving Loan Fund.
ANTICIPATED SCHEDULE: Adoption expected not later than Summer 2003.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 231: Rules Relating to Drinking Water
STATUTORY AUTHORITY: 22 M.R.S.A. §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 Spring 2003.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholder to insure that all parties involved have had the right to state their respective cases.

CHAPTER 232: Rules Relating to Water Well Drilling
STATUTORY AUTHORITY: 22 M.R.S.A. §1689-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2003.
AFFECTED PARTIES: Well drillers and pump installers registered in the State of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 233: Test of Private Water Systems for Potentially Hazardous Contaminants
STATUTORY AUTHORITY: 22 M.R.S.A. §2602-A
PURPOSE: To update and clarify the present rules.
ANTICIPATED SCHEDULE: Adoption expected not later than June 2003.
AFFECTED PARTIES: DHS and private residential water supplies.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

CHAPTER 235: Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines.
STATUTORY AUTHORITY: 22 M.R.S.A. §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 2003.
AFFECTED PARTIES: Bottled water suppliers, water haulers and vendors.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.

Radiation

CHAPTER 220: Rules Relating To Radiation Protection
STATUTORY AUTHORITY: 22 M.R.S.A. §674
PURPOSE: To incorporate federal rules required under agreement with the U.S. Nuclear Regulatory Commission to regulate radioactive materials and revise definitions. .
ANTICIPATED SCHEDULE: early 2002 for fee change to mid 2002 for other changes.
AFFECTED PARTIES: will be outlined under each separate part.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

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. Also a fee increase to all radioactive materials licensees to update the radioactive materials license fee schedule.
AFFECTED PARTIES: All users of radioactive material.

Part D, Standards for Protection Against Radiation
PURPOSE: Changes to maintain federal compatibility.
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 G, Use of Radionuclides in the Healing Arts
PURPOSE: Revise existing rule to incorporate federal rule requirements for preparation and transfer of radioactive materials and administration of radiation and/or radioactive materials to humans.
AFFECTED PARTIES: All medical users of radioactive material.

CHAPTER 223: Rules Relating to Tanning Facilities
STATUTORY AUTHORITY: 22 M.R.S.A. §674
PURPOSE: To update regulations originally adopted in 1991 to respond to requests and changes in the industry. Specifically to respond to a petition by one individual to prohibit unlimited tanning, and to adopt any changes to federal regulations.
ANTICIPATED SCHEDULE: Early 2002 to mid 2002.
AFFECTED PARTIES: Tanning facility owners.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

CHAPTER 224: Air and Water Radon Service Provider Registration Rules
STATUTORY AUTHORITY: 22 M.R.S.A. § 781
PURPOSE: To modify registration requirements for individuals/companies providing radon testing/mitigation services in Maine.
ANTICIPATED SCHEDULE: Late 2002 to mid 2003
AFFECTED PARTIES: Radon Service Providers and the general public which contract such services.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.

Division of Family Health, Children with Special Health Needs Program

CONTACT PERSON: Toni G. Wall, Director, Children with Special Health Needs Program, 11 State House Station, Key Bank Plaza 7th Floor, Augusta, Maine 04333-0011 Tel: (207) 287-5350

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002 - 2003 RULEMAKING ACTIVITY:

CHAPTER 272: Coordinated Care Services for Children with Special Health Needs
STATUTORY AUTHORITY: 22 M.R.S.A. § 42 (1); 22 M.R.S.A. § 1951; and M.R.S.A. § 2001
PURPOSE: To amend the rules which define program functions and responsibilities, in regards to payment of services to children with special health needs.
ANTICIPATED SCHEDULE: Late spring early summer 2003
AFFECTED PARTIES: Children ages birth up to age 22 with special health care needs. Children with special health needs is defined as "children who are disabled or who are suffering from conditions which lead to a disability." 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 mount beyond those required by children generally and beyond basic medical services.
CONSENSUS BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.


AGENCY NAME: Bureau of Medical Services

CONTACT PERSON: Marianne Ringel, Director, Policy and Provider Services, 11 State House Station, Augusta, ME 03333-0011, Tel. (207) 287-9371

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 101: MaineCare Benefits Manual, Chapter III Sections 15, Chiropractic Services; 60 Medical Supplies and Durable Medical Equipment; 45 Hospital Services; 67 Nursing Facility Services; 97 Private Nonmedical Institution Services (Chapter III, Section 97 was adopted as an emergency rule twice); Chapter X, Section 1, Benefit for People Living with HIV/AIDS; Chapters II and III Section 96 Private Duty Nursing and Personal Care Services

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER 101: MaineCare Benefits Manual (formerly Maine Medical Assistance Manual) Chapters I, II, III, IV, V, VI, VII, VIII, IX, X and relevant Principles of Reimbursement
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, § 3173; P.L. 99 Chapter 777
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the MaineCare (formerly, Maine Medicaid and State Child Health Insurance Program (SCHIP), also known as Cub Care) program. It also describes certain administrative functions necessary for the operation of the MaineCare 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: MaineCare members, MaineCare providers, and Managed Care Organization.

CHAPTER 109: Quality Oversight for Commercial Health Maintenance Organizations (HMOs)
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, § 24-A Chapter 56
PURPOSE: These rules describe the requirements for monitoring the provision of services by HMOs to ensure their quality.
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: HMO providers, enrollees and HMOs

CHAPTER 112: Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
STATUTORY AUTHORITY: 22 M.R.S.A., Chapter 1, Sec. 3, 5, 6, 42, 1708, 1711, 1715, 1811-1818, 1820-3, 1829, 1831, 8751-8756.
PURPOSE: These rules govern the licensing and functioning of Hospitals.
ANTICIPATED SCHEDULE: Chapter 21, Quality Management Process, will be revised by May 1, 2003 to reflect new statutory requirements for mandatory reporting of sentinel events in health care facilities. 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 119: Regulations Governing the Licensing and Functioning of Home Health Care Services
STATUTORY AUTHORITY: 22 M.R.S.A., Chapter §2141 et seq.
PURPOSE: These regulations govern the licensing of home health care services in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: Within the next calendar year, Chapter 7, Services, will be revised to reflect a change in patient rights by requiring that Long Term Care Ombudsman Program information be provided to the patient/client.
AFFECTED PARTIES: Home health care services, consumers, and managed care organizations.

CHAPTER 120: Regulations Governing the Licensing and Functioning of Hospice Programs
STATUTORY AUTHORITY: 22 M.R.S.A., Chapter 1681, Sections 8621-8631
PURPOSE: These regulations govern the licensing of hospice programs in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
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: Hospice providers and consumers

CHAPTER 125: Regulations Governing the Licensing and Functioning of Ambulatory Surgical Centers
STATUTORY AUTHORITY: 22 M.R.S.A. Section 1812; 8751-8756
PURPOSE: These regulations govern the licensing of ambulatory surgical centers in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: These rules will be revised by May 1, 2003 to reflect new statutory requirements for mandatory reporting of sentinel events in health care facilities. 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: Ambulatory Surgical centers and consumers

CHAPTER 125: Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 412, Sections 2041 and 2042, 8751-8756
PURPOSE: These regulations govern the licensing of End Stage Renal Disease Units/Facilities in the State of Maine. These regulations will be amended to comply with Federal changes, statutory changes, and will reflect current health care standards of practices, as needed.
ANTICIPATED SCHEDULE: These rules will be revised by May 1, 2003 to reflect new statutory requirements for mandatory reporting of sentinel events in health care facilities. 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: ESRD facilities and consumers

CHAPTER 110: Regulations for the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
STATUTORY AUTHORITY: Title 1, Chapter 13, Sections 401, 402, 407, 408; Title 22, Chapter 1, Section 3,6,42,47; Chapter 405, Sections 1811-1818, 1820, 1822, 1824-1830; Chapter 958-A, Sections 3477-3479; Chapter 1666, Sections 7921-7925; Chapter 1666A, Sections 7931-7938; Chapter 1666B, Sections 7941-7949; Chapter 1678, Sections 8551-8552; Title 32, Chapter 2, Sections 61, 7905; Title 5, Chapter 375, Subchapter 11-A, Section 1; 22 M.R.S.A. § 802, sub §4 Section 2; 22 M.R.S.A. § 802, sub §5; Title 22, §7944.
PURPOSE: These rules govern the licensing and functioning of nursing homes.
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.

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 and current court action. 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

CHAPTER 101: Maine Medical Assistance Manual: Chapter VIII, 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.

CHAPTER 150: Hospital Finance Rules
STATUTORY AUTHORITY:
PURPOSE: These rules govern hospital free care.
ANTICIPATED SCHEDULE: Update of federal poverty levels in additional policy changes. It is not possible to predict when additional 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: Hospitals and those needing free care.

Submitted as an amendment:
CHAPTER 503: Maine Certificate of Need Procedures Manual
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 103-A
PURPOSE: These rules govern the operation of Maine's Certificate of Need (CON) program.
ANTICIPATED SCHEDULE: Amendments to these rules are expected to be adopted by summer 2003 to reflect changes made in the law governing CON procedures.
AFFECTED PARTIES: Health care providers requesting CONs and individuals who may receive services from those entities.

Submitted as an amendment:
CHAPTER 501:Maine Certificate of Need Act Limitation
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 103-A
PURPOSE: This new rule will, with certain exceptions, prohibit the Department of Human Services from accepting any letter of intent for a certificate of need for a limited period.
ANTICIPATED SCHEDULE: This new rule is expected to be adopted in emergency form by May 5 and by "regular" rulemaking by August 2, 2003.
AFFECTED PARTIES: Health care providers who planned to submit letters of intent requesting CONs and individuals who may receive services from those entities.


AGENCY UMBRELLA-UNIT NUMBER: 10-146
AGENCY NAME: 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

CONSENSUS-BASED RULE DEVELOPMENT: While it is our general practice to involve stakeholders early on in the rulemaking process, we do not have a formal procedure for soliciting input.

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER 1: Rule on Transportation, Storage, and Final Disposition of Dead Bodies - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 2701, 2843-2846; 32 M.R.S.A. 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, 2003.
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 M.R.S.A. 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, 2003.
AFFECTED PARTIES: Individual registrants, immediate families and descendants.

CHAPTER 3: Rule on Evidence of Legitimation - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 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, 2003.
AFFECTED PARTIES: Individual registrants and their parents.

CHAPTER 4: Rule on Public Access to Vital Records - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 2701, 2706; 1 M.R.S.A. 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, 2003.
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 M.R.S.A. 2701, 2842, 2843-2847, 3025, 3026;
32 M.R.S.A. 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, 2003.
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 M.R.S.A. 2701, 2801, 2802; 19 M.R.S.A. 61, 62, 63, 121; 19 M.R.S.A. 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, 2003.
AFFECTED PARTIES: Brides and grooms, municipal clerks, persons solemnizing marriages.

CHAPTER 7: Rule on Vital Records Fees - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 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, 2003.
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 M.R.S.A. 1596, 2706; 1 M.R.S.A. 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, 2003.
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 M.R.S.A. 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, 2003.
AFFECTED PARTIES: Individual registrants, immediate family and descendants.

CHAPTER 10: Rule on Birth Registration - Amendment
STATUTORY AUTHORITY: 22 M.R.S.A. 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, 2003.
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 M.R.S.A. 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, 2003.
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.

CHAPTER 12: Rule on J1 Visa Waiver Process - Amendment
STATUTORY AUTHORITY: Public Law #103-416 (Oct. 24, 1994)
PURPOSE: This proposed amendment will add the designation of medically underserved populations as eligible for the placement of foreign medical graduates who have completed their residency training in the United States and who wish to petition to remain in this country and treat the underserved populations. This amendment will also provide revisions to update and clarify the waiver process.
ANTICIPATED SCHEDULE: Adoption expected no later than June 30, 2003.
AFFECTED PARTIES: Populations, hospitals, private physicians, and other health care facilities and providers residing in the underserved areas.


UMBRELLA-UNIT NUMBER: 10-148
AGENCY NAME: Bureau of Child and Family Services

NEW RULE: Rules Governing Audio Taping Planned Child Interviews
STATUTORY AUTHORITY: Title 22 M.R.S.A. §4021-4
PURPOSE: These rules will establish procedures and policy to be followed by child welfare staff of the Bureau of Child and Family Services when taping planned child interviews during the assessment of allegations of child abuse and neglect.
ANTICIPATED SCHEDULE: February 2003
AFFECTED PARTIES: Children who are the subjects of a report of child abuse and neglect, their parents and other caregivers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

Submitted as an amendment on May 16, 2003
CHAPTER 14: Rules for Levels of Care for Foster Homes
STATUTORY AUTHORITY: PURPOSE: These rules provide for level of care designations to be used to determine the reimbursement rate to be paid to the foster parent, the process for assigning levels of care, the rates for each level and appeal procedures.
ANTICIPATED SCHEDULE: May 2003
AFFECTED PARTIES: Providers of foster care services and children receiving ices.
CONSENSUS-BASED RULE DEVELOPMENT: No

Community Services Center

CONTACT PERSON: Sue Harlor, Director, 11 State House Station, Augusta, ME 04333, Tel (207) 281-5060.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2002-03 RULE-MAKING ACTIVITY:

CHAPTER 5: Purchase of Service Policy Manual
STATUTORY AUTHORITY: 22 M.R.S.A. §12, §5308- §5310, and §6-C
PURPOSE: These rules regulate the social services purchased through contractual agreements from community agencies. These rules were originally promulgated in 1986. The changes to Sections I through IV will reflect policy and law changes.
ANTICIPATED SCHEDULE: July 2003
AFFECTED PARTIES: Community based agencies contracting with the Department of Human Services, Community Services Center, and service recipients.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 36: Nursery Schools
STATUTORY AUTHORITY: 22 M.R.S.A. § 1675
PURPOSE: These rules establish licensing requirements for nursery schools. They will be updated to reflect policy changes and to consolidate rules for child day care facilities (Chapter 32) and nursery schools into one comprehensive set of rules.
ANTICIPATED SCHEDULE: August 2003
AFFECTED PARTIES: All persons under these rules will be affected by the change. These programs exist statewide and all future applicants for licensure will be affected.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 19: Rules for the Licensing of Child Placing Agencies with and without Adoption Programs
STATUTORY AUTHORITY: 22 M.R.S.A. §8202
PURPOSE: These rules establish licensing requirements for child placing agencies. They will be updated to reflect policy changes around the home certification process.
ANTICIPATED SCHEDULE: October 2003
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 18: Rules for the Licensure of Residential Child Care Facilities
STATUTORY AUTHORITY: 22 M.R.S.A. §8202
PURPOSE: These rules establish licensing requirements for residential child care facilities. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: October 2003
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 9: Rules for the Licensing of Emergency Shelters for Children
STATUTORY AUTHORITY: 22 M.R.S.A. §§7701, §8101
PURPOSE: These rules establish licensing requirements for emergency shelters for children. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: October 2003
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 8: Rules for the Licensure of Shelters for Homeless Children
STATUTORY AUTHORITY: 22 M.R.S.A. §§7701, §8102
PURPOSE: These rules establish licensing requirements for shelters for homeless children. They will be update to reflect policy changes and will be consolidated into one set of comprehensive rules which incorporate requirements for residential child care facilities, alcohol and drug treatment programs, mental health agencies, emergency shelters for children, and shelters for homeless children.
ANTICIPATED SCHEDULE: October 2003
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 1: Child and Adult Care Food Program Policy Manual
STATUTORY AUTHORITY: 7 CFR Part 226
PURPOSE: These rules clarify the interpretation of, and adopt as policy for the State of Maine, those sections and subsections of the Federal Register directly relating to the operation of the Child and Adult Care Food Program (CACFP). The current policy manual is being revised to reflect recent changes to the CACFP as a result of Integrity Initiatives passed at the national level.
ANTICIPATED SCHEDULE: June 2003
AFFECTED PARTIES: All parties under these rules will be affected by the changes.
CONSENSUS-BASED RULE DEVELOPMENT: No.


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) 287-9200

EMERGENCY RULES ADOPTED SINCE THE LAST AGENDA: None

EXPECTED AUGUST 2, 2002 to OCTOBER 1, 2003 RULE-MAKING ACTIVITY:

CHAPTER 5: BEAS Policy Manual
Chapter 5 will be amended to reflect policy and statutory changes that affect the operation of BEAS administered programs. This will include, but not be limited to, updating the table of contents and making revisions in Section 10 - The State Agency, Section 11 - Adult Protective Services: General Information, Section 15 - Adult Protective Services: Guardianship/Conservatorship and Section 71- Certificate of Need for Nursing Facility Level of Care Projects to reflect statutory changes and bring terminology up to date. Section 73 - Personal Care Assistance for Severely Disabled Adults will be repealed as soon as the transition of this program to the Department of Labor is completed. Section 74 Assisted Living Services Programs, which was repealed as of July 1, 2002, will be replaced with a new Section 74 Assisted Housing Programs to implement PL 01, Chapter 596.

CHAPTER 113: Assisted Living Licensing Services
CHAPTER 117: Adult Day Care Licensing, and
CHAPTER 121: Adult Family Care Home Licensing
will be amended to reflect policy and statutory changes.
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 M.R.S.A.:
* Sec. 312 et seq. - Certificate of Need
* Sec. 1812-C, 1812-G - Licensing of Nursing Homes
* Sec. 2053 - Health Facilities Authority
* Sec. 3470 et seq. - Adult Protective Services
* Sec. 5106 et seq. - BEAS Powers and Duties
* Sec. 6108 et seq. - Priority Social Services
* Sec. 6201 et seq. - Adult Day Care
* Sec. 7301 et seq. - In-Home and Community Support Services for Adults with Long-term Care Needs
* Sec. 7801 - 7804 - Licenses
* Sec. 7901 - A, B, C, 7902 - A, 7903, 7904 - A, B - Assisted Living Programs
* Sec. 7915 et seq.- Congregate Housing Services
* Sec. 8601 - 8605 - Adult Day Care
Title 24-A M.R.S.A.:
*Sec. 6214 et seq.- Continuing Care Retirement Communities
Title 32 M.R.S.A.
*Sec. 2102 - Nurses and Nursing
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. Rules 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 agreement 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.

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 M.R.S.A., Sec. 5106 et seq. - 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 meeting 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's aging population and incapacitated and dependent adults.


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: Roger Crouse, Division of Health Engineering, 10 State House Station, Augusta, ME 04333-0010 Tel: (207) 287-5719

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULEMAKING ACTIVITY:

CHAPTER 1: Rules Relating to Licensure of Water Treatment and Distribution Operators of Public Water Systems.
STATUTORY AUTHORITY: 22 M.R.S.A. §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 2003.
AFFECTED PARTIES: All public drinking water systems.
CONSENSUS-BASED RULE DEVELOPMENT: Pre-rule meetings with stakeholders to insure that all parties involved have had the right to state their respective cases.


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