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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

January 3, 2001
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 295, Dental Services Development and Subsidy Programs
PROPOSED RULE NUMBER: 2000-P301
CONCISE SUMMARY: This rule was adopted separately as an emergency rule to implement the Dental Services Development and Subsidy Programs to assure access to certain necessary dental services. This rule defines requirements and conditions for participation in programs as authorized by Title 22 MRSA 2127 which provides funding to encourage the development or expansion of community-based, nonprofit oral health care programs that serve persons who are uninsured, underinsured, or underserved for oral health care. These programs also provide subsidies for the provision of oral health care to persons whose gross income is below 200% of the nonfarm official federal poverty guidelines and who are without insurance for that care. Recipients of the funds must be community-based oral health programs meeting specified criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA 2127
PUBLIC HEARING: January 25, 2001, 1:00 - 3:00 p.m. Location: Lincoln-Oxford Room, Augusta Civic Center. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 16, 2001.
DEADLINE FOR COMMENTS: February 8, 2001
AGENCY CONTACT PERSON:
AGENCY NAME: Judith Feinstein, Manager, Oral Health Program
ADDRESS: Bureau of Health, Division of Community & Family Health, 151 Capitol St., 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3267
TTY: (207) 287-8015 (Deaf or Hard of Hearing)


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual, Sub-section 25.3.4: Supervised Community Confinement
PROPOSED RULE NUMBER: 2000-P302
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules for Supervised Community Confinement to reflect organizational and operational changes. To provide for prisoners a more effective transition and integration into the community under the supervision of community corrections staff, prior to releasing them from incarceration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY 34-A MRSA 3036-A
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 9, 2001
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4384


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.09, Procedure for Issuing Seed Lobster Permits
ADOPTED RULE NUMBER: 2000-548
CONCISE SUMMARY: The Department of Marine Resources has amended the regulations on the procedures for issuing seed lobster permits. The amendments include a definition of a Maine lobster pound owner for the purpose of the seed lobster fund program, a revised formula to determine seed lobster price, an annual season from May 1 to April 30 for the seed lobster program, new criteria on the allocation of funds and the repeal of unnecessary language.
EFFECTIVE DATE: December 26, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2000-549
CONCISE SUMMARY: Food Stamp applicants and recipients, who live in the municipalities of Albion, Benton, Clinton. Oakland, Waterville, and Winslow will no longer be exempt for work registration and the three (3) month time limited eligibility due to geographic area. The unemployment rate for the Waterville Labor Market Area, during the previous twenty four (24) months, no longer meets the exemption criteria of being at least twenty (20) percent higher than the national average for that time period. These applicants and recipients can still be exempt from the time limited eligibility rules by being included in a 15% exemption group allowed by federal law. They will need to be found exempt for other reasons in order to be exempt from normal work requirements.
EFFECTIVE DATE: December 26, 2000
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2000-550
CONCISE SUMMARY: This final rule reflects the Department's determination that in addition to an advanced practice psychiatric and mental health nurse, a registered nurse certified in the specialized field of mental health may perform and be reimbursed by Medicaid for those services delivered by a Behavioral Specialist II if the services delivered are within the scope of his/her license. In addition, Section 65.04-2(C), Specific Eligibility Requirements for Children Ages 0-20 for Children's Behavioral Health Services, has been changed to clarify that children receiving behavioral health services must have an Axis I or Axis II diagnosis in order to meet Medicaid eligibility criteria.
EFFECTIVE DATE: December 27, 2000
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-624-5517 or 1-800-321-5557, option 1
TTY: 207-287-1828, 1-800-423-4331.


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2000-552
CONCISE SUMMARY: The changes in adopted rules include, but are not limited to, the following: a wage increase for home care workers appropriated under PL 99, Ch. 731, Part BBBB; personal care assistants (PCAs) are added as qualified staff; updated definitions; additional reasons for the denial or termination of services are added; language is added which clarifies the role of the Assessing Services Agency; covered instrumental activities of daily living (IADLs) are described; and, an appendix on "Task Time Allowances" is adopted.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5520
TTY# (207) 287-1828 or 1-800-423-4331


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2000-553
CONCISE SUMMARY: The Department amended Ch. 127 to reflect changes to the California Low Emission Vehicle (LEV) Program that were made since the Maine program was adopted in 1993, The California Air Resources Board first adopted LEV standards in 1990. These first LEV standards run from 1994 through 2003. In Maine, starting with model year 2001 motor vehicles, all vehicles (6,000 lbs. and less) must be California-certified. In 1998 California adopted a "second generation" of LEV standards known as LEV II. These LEV II regulations, running from 2004 through 2010, represent continuing progress in emission reductions. The LEV II amendments affect passenger cars, light-duty trucks, and medium-duty vehicles. One of the main elements is the extension of passenger car emission standards to heavier sport utility vehicles and pickup trucks (with gross vehicle weight up to 8,500 pounds) which formerly had been regulated under less-stringent emission standards. The rule also repeals the Zero Emission Vehicle mandate. The Zero Emission Vehicle mandate would have required that, starting in 2003, 10 percent of new vehicles sold in Maine be Zero Emission Vehicles.
EFFECTIVE DATE: December 31, 2000
AGENCY CONTACT PERSON: Ronald Severance
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 807, Net Operating Loss Add-Back Modification
ADOPTED RULE NUMBER: 2000-554
CONCISE SUMMARY: Rule 807 is being repealed and replaced in order:
1. To update the examples to current tax years and to reflect the federal change in the carryback period from the three previous taxable years to the two previous taxable years.
2. To change the examples to illustrate that the amended federal adjusted gross income amount in the case of an individual taxpayer and the amended federal taxable income amount in the case of a corporate taxpayer that results from a net operating loss deduction cannot be less than zero.
3. To add new examples to illustrate cases in which the net operating loss is carried back but only partially deducted in the carryback period. The taxpayer then deducts the balance of the loss in a future year.
4. To add an application section stating that the amendments apply to returns, including amended returns, filed on or after January 1, 2001 for any tax year.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 295, Dental Services Development and Subsidy Programs
ADOPTED RULE NUMBER: 2000-555
CONCISE SUMMARY: This rule is adopted as an emergency rule to implement the Dental Services Development and Subsidy Programs to assure access to certain necessary dental services. This rule defines requirements and conditions for participation in programs as authorized and funded by Title 22 MRSA 2127. These programs encourage the development or expansion of community-based, nonprofit oral health care programs that serve persons who are uninsured, underinsured, or underserved for oral health care, and/or whose care is covered by Medicaid. These programs also provide subsidies for the provision of oral health care to persons whose gross income is below 200% of the nonfarm official federal poverty guidelines and who are without insurance for that care. Recipients of the funds must be community-based oral health programs meeting specified criteria.
To allow for public comment, regular proposed rulemaking is being conducted concurrently.
EFFECTIVE DATE: December 26, 2000
AGENCY CONTACT PERSON: Judith Feinstein, Manager, Oral Health Program
AGENCY NAME: Bureau of Health, Division of Community & Family Health
ADDRESS: 151 Capitol St., 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3267
TTY: (207) 287-8015 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2000-556
CONCISE SUMMARY: The proposed rules provide clarification, changes and additions to the Principles of Reimbursement relevant to all nursing facilities reimbursed by the Department of Human Services, effective 7/1/00. This proposed rule rebases nursing facility costs to the fiscal year ending in 1998; eliminates the 25% savings in the direct care cost component and all savings in the routine cost component; eliminates the indirect cost component, moving medical supplies/medicine and drugs into the direct care cost component and all other components of the present indirect component into the routine cost component; changes the Resource Utilization Group (RUG) model from the 5.01 to the 5.12, with modifications to the extensive groups to include Acquired Brain Injured individuals; uses staff time information collected during the 1995 and 1997 Time Study and 1999 Maine Nursing Facility RN, LPN, and CNA wages to construct weights for each case mix group; sets the roster date for calculating the base year case mix index at September 15, 1998; establishes three peer groups to include non-hospital based nursing facilities with less than or equal to 60 beds, non-hospital based nursing facilities with greater than 60 beds, and hospital based nursing facilities; establishes applicable upper limits in the direct and routine cost components for each peer group; inflates the direct care cost component from the base year through June 30, 2000 using regional variations in labor costs by comparing the percentage increase in the weighted average of the actual salaries paid by nursing facilities to direct care staff as stated on the 1998 cost reports to the weighted average of the actual salaries paid to direct care staff on the 1999 cost reports; increases the direct care cost component of facilities not meeting the new minimum staffing ratios by a weighted average hourly rate of the base year direct care staff costs plus statewide average fringe benefits times the number of hours needed to meet those new staffing ratios; and adds language concerning a supplemental payment to nursing homes to address minimum staffing needs.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Debra Couture, Health Care Financial Analyst
AGENCY NAME: Division of Reimbursement and Financial Services
ADDRESS: Bureau of Medical Services, 249 Western Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY (207) 287-3799


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2001
ADOPTED RULE NUMBER: 2000-557
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 2001.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, Bureau of Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: 287-2013


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01-01
ADOPTED RULE NUMBER: 2000-559
CONCISE SUMMARY: Minimum January, 2001 producer Class I price is $17.24 and Northeast Dairy Compact Over Order Price set at $16.94. Class III minimums set at $8.57. These changes were passed on .in minimum prices.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II and III, Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2000-560
CONCISE SUMMARY: This final rule adds the requirement for time studies for educational staff and direct service staff, moves the general description of the facility's clinical program from the Appendices to Ch. 2, changes language related to reimbursement in Ch. 2; establishes reimbursement and auditing criteria in Ch. 3; and states specific reimbursement criteria for Substance Abuse Treatment Facilities, Residential Child Care Facilities, and Community Residences for Persons with Mental Illness within each of their applicable appendices.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Debra Couture, Senior Health Care Financial Analyst
AGENCY NAME: Division of Reimbursement and Financial Services
ADDRESS: Bureau of Medical Services, VA Togus, Bldg. 205, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-8540
TTY (207) 287-3799