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10-144
Department of Human Services

2003-2004 Regulatory Agenda


10-144:
       Bureau of Family Independence:
              Eligibility; and Division of Support Enforcement and Recovery
       Bureau of Health:
              Division of Community Health
              Division of Disease Control
              Division of Family Health, Childhood Lead Poisoning Prevention Program
              Division of Family Health, Children with Special Health Needs Program
              Division of Family Health, Newborn Screening Program and Newborn Hearing Program
              Maine Health and Environmental Testing Laboratory
              Office of Health Data and Program Management
              Maine WIC Program
        Bureau of Medical Services:
              The Bureau
10-146:
       Office of Data, Research and Vital Statistics
10-148:
       Community Services Center
10-149:
       Bureau of Elder and Adult Services (BEAS)


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

CONTACT PERSON: Marianne Ringel, Acting Deputy Director, Bureau of Medical 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:
Sec 67, Principles of Reimbursement for Nursing Facilities
Sec 96, Private Duty Nursing and Personal Care Services
Sec 67, Principles of Reimbursement effective 1/1/03 through 3/31/03
Ch. II ,Sec 97, and Appendix C, Private Non-Medical Institutions
Sec. 113, Transportation Services,
CHAPTER 101: MaineCare Benefits Manual Chapter III: Section 80, Pharmacy Services
CHAPTER 104: State Services Manual, Sections 1 and 2
CHAPTER 115: Principles of Reimbursement for Residential Care Facilities; Chapter III.
Maine Certificate of Need, 10-144-501. Maine Certificate of Need Limitation.
CHAPTER 110: Regulations governing the licensing and functioning of skilled nursing facilities and NFs.
CHAPTER 112: Regulations governing the licensure of general and specialty hospitals in the State of Maine.

EXPECTED 2003-2004 RULEMAKING ACTIVITY:

CHAPTER 101: MaineCare Benefits Manual (formerly Maine Medical Assistance Manual) Chapters I, II, III, IV, V, VI, VII, VIII, 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 Organizations

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 XXX: Drug Marketing Cost Reporting
STATUTORY AUTHORITY: 22 M.R.S.A. § 2699
PURPOSE: These rules will require drug manufacturers and labelers to report marketing costs.
ANTICIPATED SCHEDULE: The Department expects to go to rulemaking to implement this new statutory requirement in the fall of 2003. It is not possible to predict when all of future changes will be made to these regulations because of the nature of this work. 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: Drug manufacturers and labelers

CHAPTER 104: Maine State Services Manual
STATUTORY AUTHORITY: 22 M.R.S.A. 257
PURPOSE: These rules describe requirements for the provision and reimbursement of services under the state funded services including the Drugs for the Elderly (DEL) Benefit. It also describes certain administrative functions necessary for the operation of the these Benefits. 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: Participants and providers in DEL and other state funded benefits. .

Regulations related to Certificate of Need (CON)

Maine Certificate of Need, 10-144-503, Maine Certificate of Need Procedures Manual for Health Care Facilities (Other than Nursing Care Facilities).
STATUTORY AUTHORITY: 22 MRSA, Sec. 342
PURPOSE: These rules govern CON procedures.
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: Hospital providers and consumers/patients.

Maine Certificate of Need, 10-144-501, Maine Certificate of Need Limitations.
STATUTORY AUTHORITY: 22 MRSA, Sec. 342
PURPOSE: These rules limit the CON applications the state will accept.
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: Hospital providers and consumers/patients.

Regulations For The Licensure Of General And Specialty Hospitals In The State Of Maine
STATUTORY AUTHORITY: 22 MRSA, Chapter 1, Sec. 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: Chapter VI, Chapter IX, Medical and Professional Staff, Chapter XII, Medical Record Services, Chapter XIII, Pharmacy or Drug Room, Chapter XXII, Psychiatric Services and Chapter XXVII, Critical Access Hospital will be revised in the next calendar year to reflect current standards of practice and new regulatory requirements.
AFFECTED PARTIES: Hospital providers and consumers/patients.

Regulations Governing The Licensing And Functioning Of Home Health Care Services
STATUTORY AUTHORITY: 22 MRSA, 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: Chapter 2, Licensing Application Procedures and Chapter 3, Loss of Renewal, Provisional and Conditional Licenses and Chapter VII, Services will be revised to reflect current standards of practice and new regulatory requirements for lengthened licensure review cycles.
AFFECTED PARTIES: Home health care services organizations and consumers and organizations.

Rules And Regulations Governing The Functioning Of The Maine Registry Of Certified Nursing Assistants
STATUTORY AUTHORITY: 22 MRSA §1812-G.
PURPOSE: These rules and regulations govern the functioning and operation of the Maine Registry of Certified Nursing Assistants
ANTICIPATED SCHEDULE: Chapters A, B, C, D and E will be revised to include statutory changes regarding barring of CNAs with Class A, B, C convictions. These regulations will be amended to comply with statutory changes reflecting current standards of practice.
AFFECTED PARTIES: Health care providers, certified nursing assistants.

Regulations Governing The Licensing And Functioning Of End Stage Renal Disease Units/Facilities
STATUTORY AUTHORITY: 22 MRSA §2041-42.
PURPOSE: These regulations govern the functioning and operation of End Stage Renal Disease Units/Facilities.
ANTICIPATED SCHEDULE: Chapter 4, Administration will be revised to include statutory changes and reporting of medical errors. These regulations will be amended to comply with statutory changes and current standards of practice.
AFFECTED PARTIES: End stage renal disease units/facilities and patients.

Regulations Governing The Licensing And Functioning Of Skilled Nursing Facilities And Nursing Facilities
STATUTORY AUTHORITY: Title 1, Chapter 13, Section 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 MRSA §802, sub §4 Section 2;22 MRSA §802, sub §5; Title 22, §7944.
PURPOSE: These regulations govern the functioning and operation of Nursing Facilities.
ANTICIPATED SCHEDULE: Chapters, 2, 4, 8, 9, 10, 17, 18, 20, 22, will be revised to address shared staffing, feeding assistants, fees, medication review. These regulations will be amended to comply with statutory changes and current standards of practice.
AFFECTED PARTIES: Nursing facilities and residents.

Regulations Governing The Licensing Of Ambulatory Surgical Facilities
STATUTORY AUTHORITY: 22 MRSA §1812-E.
ANTICIPATED SCHEDULE: Chapter 4, Compliance Requirements, will be revised to include statutory changes and reporting of medical errors. These regulations will be amended to comply with statutory changes and current standards of practice.
AFFECTED PARTIES: Ambulatory surgical facilities and patients.

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 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.


AGENCY NAME: Bureau of Health, 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 2003 - 2004 RULEMAKING ACTIVITY: (NOTE: No rulemaking is required to follow consensus-based procedure.

CHAPTER 249: 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.
ANTICIPATED SCHEDULE: Adoption expected not later than June 30, 2004.
AFFECTED PARTIES: Maine citizens, operators of certain public places.

CHAPTER 295: Rules Related to the Dental Services Development and Subsidy Programs
STATUTORY AUTHORITY: 22 MRSA 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, 2004.
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 MRSA 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, 2004.
AFFECTED PARTIES: Maine citizens, business owners

CHAPTER 255: Rules Relating to the Maine Cancer Registry
STATUTORY AUTHORITY: 22 MRSA 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, 2004.
AFFECTED PARTIES: Reporting sources (hospitals, physicians, pathology labs); those requesting data (researchers, agencies and organizations in public health and health care).

CHAPTER 287: Rules for Family Planning Funding
STATUTORY AUTHORITY: 22 MRSA 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, 2004.
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, 2004.
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.


AGENCY NAME: Bureau of Health, 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 258

EXPECTED 2003-2004 RULEMAKING ACTIVITY:

CHAPTER 252: Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
STATUTORY AUTHORITY: 22 MRSA § 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, 2004
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 MRSA § 802
PURPOSE: To update and clarify the Rules for the Control of Notifiable Conditions
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2004.
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 MRSA § 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, 2004.
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 MRSA § 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, 2004.
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 MRSA §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, 2004. AFFECTED PARTIES: Hospital and Health-care Administrators and their employees.

CHAPTER 274: Immunization Information System (IIS) Rules
STATUTORY AUTHORITY: 22 MRSA § 1064
PURPOSE: To update and clarify the Immunization Information System (IIS) Rules
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2004.
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 258: Public Health Emergency Rules
STATUTORY AUTHORITY: 22 MRSA § 802
PURPOSE: To establish rules relating to public health emergency preparedness
ANTICIPATED SCHEDULE: Adoption is expected not later than June 30, 2004.
AFFECTED PARTIES: Statewide medical and healthcare providers and administrators, emergency management personnel, and the public at large.


AGENCY: Bureau of Health, Maine Health and Environmental Testing Laboratory

CONTACT PERSON: John A. Krueger, M.S.Ch.E., Chief, HETL Operations, Health and Environmental Testing Laboratory, Bureau of Health, Department of Human Services, 12 State House Station, Augusta, ME 04333-0012. Tel. (207) 287-2727.

CHAPTER 265: Maine Drug Testing Laboratory Rules - Amendment concerning specimen collection procedures and specimen tampering.
PURSUANT TO: 1990 PL 832
PURPOSE: to adopt procedural requirements for collection of second specimens in cases of tampering with first specimens, and application of other changes mandated by law, or dictated by current good practice.
ANTICIPATED SCHEDULE: Adoption expected by June of 2004
REGULATED PARTIES: Workplace substance of abuse testing programs
BENEFITTED PARTIES: Workers affected by such programs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment concerning testing for certain analytes without a physician's order.
PURSUANT TO: 1990 PL 665.
PURPOSE: To adopt procedures and regulations to promulgate the legislative provision allowing persons to order certain medical laboratory tests without physician referral.
ANTICIPATED SCHEDULE: Adoption expected by June, 2004
REGULATED PARTIES: Independent medical laboratories
BENEFITTED PARTIES: Clients of such labs.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regulating Maternal serum alpha-fetoprotein testing.
PURSUANT TO: 1989 PL 72
PURPOSE: To adopt provisions regulating the performance of this particularly critical test and to ensure that appropriate programmatic support exists to surround the test process.
ANTICIPATED SCHEDULE: Adoption expected by June 30, 2004
REGULATED PARTIES: Medical Laboratories
BENEFITTED PARTIES: Women undergoing maternal alpha-fetoprotein testing.

CHAPTER 256: Maine Medical Laboratory Rules - Amendment regarding fee schedules for licensure of medical laboratories.
PURSUANT TO: 1991 PL 591
PURPOSE: To re-establish fees for licensure of medical laboratories, and to establish new fees for such licensure, in accord with law.
ANTICIPATED SCHEDULE: Adoption expected by: Final rules by October 30, 2004, and subsequent dates.
REGULATED PARTIES: Medical laboratories
BENEFITTED PARTIES: State citizens

CHAPTER 256: Maine Medical Laboratory Rules - Amendments to bring Maine rules into compliance with requirements with the Federal Clinical Laboratory Improvement Act of 1988, and other current standards of practice.
PURSUANT TO: 22 MRSA Section 2011 et seq.
PURPOSE: to bring Maine's Medical Laboratory regulation into concurrence with Federal standards
ANTICIPATED SCHEDULE: Adoption expected by: June, 2004
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
PURSUANT TO: 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental and Drinking Water laboratories, in order to assure that state agencies utilizing data produced by such laboratories are receiving accurate and reliable results, and to protect Maine people by assuring proper performance of such laboratories.
ANTICIPATED SCHEDULE: Amendment expected by January 31, 2004 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 257: Schedule of Charges for Diagnostic Laboratory of the Department of Human Services - Amendment
PURSUANT TO: 22 MRSA 565
PURPOSE: To amend and revise charges as required by budgetary needs and by law.
ANTICIPATED SCHEDULE: Adoption expected by: Jan, 15 2004
REGULATED PARTIES: DHS labs
BENEFITTED PARTIES: Programs and citizens served

CHAPTER 270: Rules for Sample Collection and Drug Testing in Suspected Operating Under the Influence Cases
CHAPTER 269: Rules Governing Self Contained Breath Alcohol Testing Equipment
CHAPTER 267: Certification Standards for Persons Conducting Chemical Analysis of Blood and Breath for the Purpose of Determining Blood Alcohol Level
CHAPTER 268: Certification Standards for Persons Drawing Blood for the Purpose of Determining Blood Alcohol Level
(Amendments)
PURSUANT TO: 29 MRSA section 1312 (6).
PURPOSE: To amend the appropriate rules as required by current good practice or as needed to comply with changes in the law.
EXPECTED DATE OF ADOPTION: by June 15, 2004
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 266: Certification Standards for Persons Conducting Chemical Analysis for the Detection and Identification of Drugs - Amendment
PURSUANT TO: 17-A MRSA section 1112.
PURPOSE: To amend as needed in response to change in practice or change in law.
ANTICIPATED SCHEDULE: Adoption expected by: June 10, 2004
REGULATED PARTIES: Chemists analyzing drugs.
BENEFITTED PARTIES: Suspects in cases of alleged possession of drugs.

CHAPTER 260: Regulations Regarding Rabies Immunization Requirements for Dog Licensure - Amendment
PURSUANT TO: 7 MRSA 3922 (3).
PURPOSE: To amend requirements for protection of the public health, as regards rabies
ANTICIPATED SCHEDULE: Adoption expected by: June 15, 2004
REGULATED PARTIES: Animal (dog) owners
BENEFITTED PARTIES: Maine citizens

CHAPTER 233: Rules Relating to Testing of Private Water Systems for Potentially Hazardous Contaminants - Amendment
PURSUANT TO: 22 MRSA Section 2602-A
PURPOSE: To amend rules for the protection of public health and/or for compliance with current standards of practice and current hazards.
ANTICIPATED SCHEDULE: Adoption expected by: June 15, 2004
REGULATED PARTIES: Health and Environmental Testing Lab, and Maine Citizens
BENEFITTED PARTIES: Maine citizens.


AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Bureau of Health, 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, ME 04333-0011. Tel: (207) 287-5350

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULEMAKING ACTIVITY:

Children with Special Health Needs Program

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 procedures, in regards to payment of services to children with special health needs.
ANTICIPATED SCHEDULE: Late spring early summer 2004
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 amount beyond those required by children generally and beyond basic medical services.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings

Newborn Screening Program
Newborn Hearing Program

CHAPTER 283: Newborn Screening Program Rules (Updating to include optional tests.)
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 by June 30, 2004.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

CHAPTER 279: 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, 2004.
AFFECTED PARTIES: Hospitals, health care providers and citizens of Maine.

Maine WIC Program

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 2004
AFFECTED PARTIES: Any person/company who currently has or wishes to have a relationship with WIC (e.g., local agency, participant, grocery store vendor).


AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Bureau of Health, Division of Family Health, Childhood Lead Poisoning Prevention Program

CONTACT PERSON: MaryAnn Amrich, Program Manager. SHS #11, Key Bank Plaza, 7th floor, Augusta, ME 04333 Telephone: (207) 287-8753

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 292: Environmental Lead Investigations
STATUTORY AUTHORITY: Title 22 MRSA, Chapter 252
PURPOSE: These rules regulate how and when environmental investigations may be conducted.
ANTICIPATED SCHEDULE: By September 30, 2004
AFFECTED PARTIES: Maine licensed lead inspectors and risk assessors, parents of lead poisoned children, Maine property owners.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.


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):Parents as Scholars Program to be fund by TANF Block Grant for 12 months.
CHAPTER 332 MaineCare Manual: Expanded coverage to persons aged 21-64 who do not have children and are not disabled; Added low cost drug benefit; 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 2003-2004 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 §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 MRSA § 3173
PURPOSE: These rules establish requirements for eligibility for Maine's MaineCare 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 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.

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 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: Year round.
AFFECTED PARTIES: Persons who pay or receive support.


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

CONTACT PERSON: Philip W. Haines, Acting 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 2003-2004 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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
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, 2004.
AFFECTED PARTIES: Populations, hospitals, private physicians, and other health care facilities and providers residing in the underserved areas.


AGENCY UMBRELLA-UNIT NUMBER: 10-144
AGENCY NAME: Bureau of Health, Office of Health Data and Program Management

CONTACT PERSON: Philip W. Haines, Acting 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 2003-2004 RULEMAKING ACTIVITY:

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, 2004.
AFFECTED PARTIES: Maine citizens.

CHAPTER____: Rules Relating to Medical Information
STATUTORY AUTHORITY: 22 MRSA, 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, 2004.
AFFECTED PARTIES: Maine citizens.


AGENCY UMBRELLA - UNIT NUMBER: 10-148
AGENCY NAME: Department of Human Services, Community Services Center

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 5: Purchase of Service Policy Manual
STATUTORY OR OTHER BASIS: 22 MRSA §12, §5308- §5310, and §6-C
PURPOSE OF THE RULE: 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.
SCHEDULE FOR ADOPTION: July 2004
AFFECTED PARTIES: Community based agencies that contract with the Department of Human Services, Community Services Center, and service recipients.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 36: Nursery Schools
STATUTORY AUTHORITY: 22 MRSA § 1675
PURPOSE: These rules establish licensing requirements for nursery schools. They will be updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
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 MRSA §8202
PURPOSE: These rules establish licensing requirements for child placing agencies. They will be updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
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 MRSA §8202
PURPOSE: These rules establish licensing requirements for residential child care facilities. They will be update to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
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 MRSA §§7701, §8101
PURPOSE: These rules establish licensing requirements for emergency shelters for children. They will be update to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
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 MRSA §§7701, §8102
PURPOSE: These rules establish licensing requirements for shelters for homeless children. They will be update to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
AFFECTED PARTIES: All parties under these rules will be affected by the change.
CONSENSUS-BASED RULE DEVELOPMENT: No

CHAPTER 33: Rules for Home Day Care Providers
STATUTORY AUTHORITY: 22 MRSA §§8301
PURPOSE: The rules establish licensing requirements for Home Day Care Providers.
They will be updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2004
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 2004
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 2003 to 2004 RULE-MAKING ACTIVITY:

CHAPTER 5: BEAS Policy Manual
Ch. 5 will be amended to reflect policy and statutory changes that affect the operation of BEAS administered programs. This will include updating the table of contents and making revisions in Sections 1 through 75 as needed to reflect policy and federal and state statutory and regulatory changes. These Chapter 5 rules include definitions, outline the duties and responsibilities of and establish policy and guidelines for BEAS, the BEAS Adult Protective Services Program, the Area Agencies on Aging and the providers of BEAS administered home and community based services. Section 73 - Personal Care Assistance for Severely Disabled Adults, the program that was transferred to and is now administered by the Department of Labor, will be repealed.

CHAPTER 113: Assisted Living Licensing Services, and CHAPTER 117: Adult Day Care Licensing will be amended also as needed to reflect policy and statutory changes.
CHAPTER 121: Adult Family Care Home Licensing was repealed and incorporated into Chapter 113.

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 18 -A MRSA, Article V - Probate Code on protection for disabled persons
Title 22 MRSA:
* 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 Services
* Sec. 7301 et seq. - In-Home and Community Support Services for Adults with Long-term Care Needs
* Sec. 7801 - 7804 - Licenses
* Sec. 7851 et seq. - Assisted Housing Programs
* Sec. 7922 et seq. - Residents' Rights
* Sec. 7931 et seq. - Appointment of Receivers
* Sec. 8601 - 8605 - Adult Day Care
Title 24-A MRSA:
* Sec. 6214 et seq.- Continuing Care Retirement Communities
Title 32 MRSA
* 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 MRSA, 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/programs relating to Maine's aging population and incapacitated and dependent adults.


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