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10-144
Department of Health and Human Services
(formerly Department of Human Services)
2004-2005 Regulatory
Agenda
10-144:
Bureau of Family Independence:
Eligibility
Division of Support Enforcement and Recovery
Bureau of Health:
Division of Disease Control
Division of Health Engineering
Health and Environmental Testing Laboratory
Water Treatment Plant Operators Board (90-429)
Bureau of Medical Services
The Bureau
Office of Management and Budget:
Division of Financial Services
10-148:
Bureau of Child and Family Services:
Community Services Center
10-149:
Bureau of Elder and Adult Services
Bureau
of Family Independence
Eligibility
CONTACT
PERSON: David Lanman, Manager, Special Projects, 11 State House
Station, Augusta, ME 0433-0011. Tel: (207) 287-2637. E-mail: Dave.Lanman@maine.gov
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER
301 (Food Stamp Certification Manual): Updated income limits, maximum
allotments and standard deduction.
CHAPTER 323 (Maine General Assistance Policy Manual): None
CHAPTER 331 (Public Assistance Payments Manual): Corrected a
typo involving funding for the Parents as Scholars Program (PaS).
CHAPTER 332: MaineCare Manual: Low Cost Drug Benefit (this de-linked
DEL and Healthy Maine Prescriptions and DEL and Medicaid; Updated Federal
Poverty Levels (done annually, and used as income limit for MaineCare
programs).
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
2004-2005 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 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): None
EXPECTED
2004-2005 RUEMAKING 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.
Bureau
of Health
Division
of Disease Control
CONTACT
PERSON: Sally-Lou Patterson, Acting Director, Division of Disease
Control;, 11 State House Station, Augusta, ME 04333; Tel. (207) 287-6448
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED
2004-2005 RULEMAKING ACTIVITY:
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, 2005.
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 Department
of Education, 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, 2005.
AFFECTED PARTIES: State and school health officials, families with school-aged
children, public and private health care providers.
CHAPTER
32 (10-148): Day Care Immunization Standards
STATUTORY AUTHORITY: 22 MRSA §8302
PURPOSE: To update and clarify the Day Care Immunization Standards
ANTICIPATED SCHEDULE: Adoption is expected no later than June 30, 2005.
AFFECTED PARTIES: State and school health officials, families with pre-school
aged children, public and private health care providers.
Division
of Health Engineering
CONTACT
PERSON: Clough Toppan, Director, Division of Health Engineering,
11 State House Station, Augusta, ME 04333-0011 Tel: (207) 287-5686 clough.toppan@maine.gov
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED
2004-2005 RULEMAKING ACTIVITY:
EATING
& 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 2005.
AFFECTED PARTIES: Eating and lodging establishments in the State of
Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings
CHAPTER
201: 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 2004 or Early Spring 2005.
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 2004 or early spring 2005.
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: Summer 2004 or early Fall 2004.
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 2004 or early spring 2005.
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 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
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 2004 or early spring 2005.
AFFECTED PARTIES: Public, employees, owners/operators of restaurants.
CONSENSUS-BASED RULE DEVELOPMENT: None planned.
Waste
Water & 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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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 2005.
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.
Maine
Health and Environmental Testing Laboratory
CONTACT
PERSON: John A. Krueger, Chief, Laboratory Operations, HETL, 221
State St., Station #12. Augusta, Maine 04333. (207)-287-2727. FAX 207-287-6832.
E-Mail (john.a.krueger@maine.gov)
EXPECTED
RULE-MAKING ACTIVITY:
Maine
Drug Testing Laboratory Rules:
Amendment concerning specimen collection procedures and specimen tampering.
STATUTORY AUTHORITY: Pursuant to 1990 PL 832
PURPOSE: to adopt procedural requirements for collection of second specimens
in cases of tampering with first specimens, and application of other
changes mandated by law, or dictated by current good practice.
SCHEDULE: Adoption expected by June of 2005
REGULATED PARTIES: Workplace substance of abuse testing programs
BENEFITED PARTIES: Workers affected by such programs.
Rules
Concerning Certification of Environmental and Drinking Water Testing
Laboratories
STATUTORY AUTHORITY: Pursuant to 1991 PL 499
PURPOSE: To set standards and requirements for certification of Environmental
and Drinking Water laboratories, in order to assure that state agencies
utilizing data produced by such laboratories are receiving accurate
and reliable results, and to protect Maine people by assuring proper
performance of such laboratories.
SCHEDULE: Amendment expected by January 31, 2005 and subsequent dates
REGULATED PARTIES: Environmental and Drinking water labs, and other
laboratories.
BENEFITED 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.
Schedule
of Charges for Diagnostic Laboratory of the Department of Human Services
(Amendment)
STATUTORY AUTHORITY: Pursuant to 22 M.R.S.A. 565
PURPOSE: To amend and revise charges as required by budgetary needs
and by law.
SCHEDULE: Adoption expected by: November 30, 2004. Emergency Rule making
is expected during the end of FY 04
REGULATED PARTIES: DHS labs
BENEFITED PARTIES: Programs and citizens served
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: Pursuant to 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.
SCHEDULE: Expected date of adoption: by June 15, 2005
REGULATED PARTIES: Chemists, Phlebotomists, DRTs, Law enforcement officers
using specified equipment.
BENEFITED PARTIES: Maine citizens, especially those involved either
as suspects or victims in OUI situations.
Certification
Standards for Persons Conducting Chemical Analysis for the Detection
and Identification of Drugs
(Amendment)
STATUTORY AUTHORITY: Pursuant to: 17-A M.R.S.A. section 1112.
PURPOSE: To amend as needed in response to change in practice or change
in law.
SCHEDULE: Adoption expected by: June 10, 2005
REGULATED PARTIES: Chemists analyzing drugs.
BENEFITED PARTIES: Suspects in cases of alleged possession of drugs.
Regulations
Regarding Rabies Immunization Requirements for Dog License
(Amendment)
STATUTORY AUTHORITY: Pursuant to: 7 M.R.S.A. 3922 (3).
PURPOSE: To amend requirements for protection of the public health,
as regards rabies
SCHEDULE: Adoption expected by: June 15, 2005
REGULATED PARTIES: Animal (dog) owners
BENEFITED PARTIES: Maine citizens
Rules
Relating to Testing of Private Water Systems for Potentially Hazardous
Contaminants (Amendment)
STATUTORY AUTHORITY: Pursuant to: 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.
SCHEDULE: Adoption expected by: June 15, 2005
REGULATED PARTIES: Health and Environmental Testing Lab, and Maine Citizens
BENEFITED PARTIES: Maine citizens.
Any
questions concerning the above agenda should be directed to: 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. Phone 287-2727.
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, 11 State House
Station, Augusta, ME 04333-0011 Tel: (207) 287-5719
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED
2004-2005 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 2005.
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.
Division of Health Engineering (continued)
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: mid 2004 for fee change to early 2005 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: Late 2004 to early 2004.
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 2004 to mid 2005
AFFECTED PARTIES: Radon Service Providers and the general public that
contract such services.
CONSENSUS-BASED RULE DEVELOPMENT: Planned pre-rule stakeholder meetings.
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, Section 21 - Home and Community Based Waiver Services for
the Mentally Retarded
Chapter III, Section 24 - Day Habilitation Services for Persons with
Mental Rehabilitation
Chapter III, Section 27 - Early Intervention Services
Chapter III, Section 31 - Federal Qualified Health Center Services
Chapter III, Section 45 - Hospital Services
Chapter II, Section 60 - Medical Supplies and Durable Medical Equipment
Chapter II, Section 80 - Pharmacy Services
Chapter II, Section 90 - Physician Services
Chapter II, Section 95 - Podiatric Services
Chapter II, Section 102 - Rehabilitation Services
Chapter III, Section 103 - Rural Health Clinic Services
Chapter V, Section 2 - Early and Periodic Screening, Diagnosis and Treatment
Services
Chapter 104 - Section 2 - Drugs for the Elderly Benefit
Chapter 104 - Section 3 - Maine RX Plus Benefit
CONSENSUS BASED RULEMAKING: None
EXPECTED
RULEMAKING ACTIVITY May 10, 2004 - October 2005:
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
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 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. It is anticipated
that Chapter 107 Medical Eye Care will be incorporated into this chapter.
AFFECTED PARTIES: Participants and providers in DEL and other state
funded benefits. .
Regulations related to Certificate of Need (CON)
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
503: 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 M.R.S.A. § 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.
CHAPTER
501: Maine Certificate of Need, 10-144-501, Maine Certificate of
Need Limitations.
STATUTORY AUTHORITY: 22 M.R.S.A. § 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.
CHAPTER
107: Medical 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. It is anticipated this chapter will
be incorporated into Chapter 104.
AFFECTED PARTIES: Children and adults not eligible for Medicaid for
whom the State would reimburse for 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.
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 §§ 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 XX, Social Services, will be revised by
May 1, 2005 to reflect changes/ revisions in discharge planning and
case management . 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.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.
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: Chapter 3, Loss of, Renewal, Provisional and Conditional
Licenses, will be changed by November 1, 2004 to reflect legislative
changes authorizing two years between licensing surveys for deserving
facilities. It is not possible to predict when all of the changes will
be make 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: Home health care services and consumers.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.
CHAPTER
120: Regulations Governing the Licensing and Functioning of Hospice
Programs
STATUTORY AUTHORITY: 22 M.R.S.A., Chapter 1681 §§ 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 consumer.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.
CHAPTER
125: Regulations Governing the Licensing and Functioning of Ambulatory
Surgical Centers
STATUTORY AUTHORITY: 22 M.R.S.A. §§ 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: It is not possible to predict when all of the
other 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.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.
CHAPTER
125: Regulations Governing the Licensing and Functioning of End
Stage Renal Disease Units/Facilities
STATUTORY AUTHORITY: 22 M.R.S.A. Chapter 412 §§ 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. 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.
CONCENSUS-BASED RULE DEVELOPMENT: Not yet determined.
CHAPTER
110: Regulations for the Licensing and Functioning of Skilled Nursing
Facilities and Nursing Facilities
STATUTORY AUTHORITY: Title 1, Chapter 13 §§ 401, 402, 407,
408; Title 22, Chapter 1 §§ 3, 6, 42, 47; Chapter 405 §§
1811-1818, 1820, 1822, 1824-1830; Chapter 958-A §§ 3477-3479;
Chapter 1666 §§ 7921-7925; Chapter 1666A §§ 7931-7938;
Chapter 1666B §§ 7941-7949; Chapter 1678 §§ 8551-8552;
Title 32, Chapter 2 §§ 61, 7905; Title 5, Chapter 375, Subchapter
11-A, § 1;22 M.R.S.A. § 802, sub §4 § 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 legislature and state initiated
changes as a result of identified problems require the timely amendment
or adoption of new rules over the course of the year.
AFFECTED PARTIES: Nursing home providers and consumers/residents.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined.
Office
of Management and Budget, Division of Financial Services
CONTACT
PERSON: Debra C. Couture, Public Service Manager, Division of Financial
Services - DHS, 442 Civic Center Drive, 11 State House Station, Augusta,
ME 04333-0011. Phone: (207) 287-1973. Fax: (207) 287-9263. E-mail: Debbie.Couture@maine.gov
EXPECTED
2004-2005 RULE-MAKING ACTIVITY: None.
Bureau
of Child and Family Services
AGENCY
UMBRELLA - UNIT NUMBER: 10-148
AGENCY NAME: Community Services Center
CONTACT
PERSON: David Stauffer, Acting Director, 11 State House Station,
Augusta, ME 04333, Tel (207) 287-5060.
EMERGENCY
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED
2004-2005 RULE-MAKING ACTIVITY:
CHAPTER
5: Purchase of Service Policy Manual
STATUTORY OR OTHER BASIS: 22 M.R.S.A. §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 revision will repeal and replace
Sections I through IV to reflect policy and law changes.
SCHEDULE FOR ADOPTION: July 2005
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
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.
ANTICIPATED SCHEDULE: January 2005
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 updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2005
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.
ANTICIPATED SCHEDULE: January 2005
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 updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2005
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 M.R.S.A. §§8301
PURPOSE: The rules establish licensing requirements for Home Day Care
Providers.
They will be updated to reflect policy changes.
ANTICIPATED SCHEDULE: January 2005
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 federal level.
ANTICIPATED SCHEDULE: June 2005
AFFECTED PARTIES: All parties under these rules will be affected by
the changes.
CONSENSUS-BASED RULE DEVELOPMENT: No.
Bureau
of Elder and Adult Services
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
2004 TO 2005 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
updating the table of contents and making revisions in Sections 1 through
75 as needed to reflect policy and federal and state statutory 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, was not repealed
as stated in the 2003-2004 Regulatory Agenda because the DOL replacement
rules not yet been adopted.
CHAPTER 113: Regulations Governing Licensing and Functioning
of Assisted Housing Programs 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:
* Chap. 103-A - Certificate of Need
* Chap. 405 - Licensing of Hospitals and Institutions
* Chap. 958-A - Adult Protective Services
* Chap. 1451, 1453, 1457 - BEAS Powers and Duties
* Chap. 1501, 1503 - Priority Social Services
* Chap. 1505 - Adult Day Services
* Chap. 1621, 1623 - In-Home and Community Support Services for Adults
with Long-term Care Needs
* Chap. 1661, 1663 - Licenses
* Chap. 1664 - Assisted Housing Programs
* Chap. 1666 - Residents' Rights
* Chap. 1666-A - Appointment of Receivers
* Chap. 1666-B - Intermediate Sanctions
* Chap. 1678 - Alzheimer's Special Care
* Chap. 1679 - Adult Day Care
Title 24-A MRSA:
* Chap. 73 - Continuing Care Retirement Communities
PURPOSE: These rules regulate the functioning of the Bureau of Elder
and Adult Services as the designated State Agency responsible, under
the direction of the Commissioner of the Department of Human Services,
for the overall planning, policy, coordination and implementation of
all functions and activities conducted or supported which relate to
Maine's aging population and incapacitated and dependent adults. 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, Chap. 1451, 1453, 1457 - BEAS Powers and Duties
PURPOSE: These rules give the Bureau of Elder and Adult Services the
authority to seek, accept and disburse Federal, State and private funds
and to enter into funding agreements necessary to further its activities.
They will be amended to bring them up to date and to eliminate requirements
already specified by MAAP.
ANTICIPATED SCHEDULE: Demands on fiscal staff to meet on-going deadlines
and responsibilities make it difficult to predict when this will be
done. In the meantime BEAS follows all requirements specified by MAAP.
AFFECTED PARTIES: Entities with which BEAS has entered into agreements
to carry out activities/programs relating to Maine's aging population
and incapacitated and dependent adults.
© Department
of the Secretary of State
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