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Weekly Rulemaking Notices Contact Us Find It

February 26, 2003
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 Medical Services
RULE TITLE OR SUBJECT: Ch. 503, Maine Certificate of Need Act
PROPOSED RULE NUMBER: 2003-P28
CONCISE SUMMARY: The Maine Certificate of Need Act, (22 MRSA c. 103), was repealed and replaced with LD 1799, The Maine Certificate of Need Act of 2001, (22 MRSA c. 103-A). The Maine Certificate of Need Procedures Manual of the Bureau of Medical Services, applicable for Health Care Facilities (other than Nursing Care Facilities), is being replaced to reflect these 2002 statutory changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, c. 312.
PUBLIC HEARING:
Date: March 17, 2003, 10:00 a.m.
Location: Conference Rooms 1A & 1B, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 3, 2003.
DEADLINE FOR COMMENTS: March 31, 2003
AGENCY CONTACT PERSON: Steven R. Keaten, Healthcare Financial Analyst
AGENCY NAME: Certificate of Need Unit
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1836
FAX: (207) 287-1832
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III, Section 5, Ambulance Services of the MaineCare Benefits Manual
PROPOSED RULE NUMBER: 2003-P30
CONCISE SUMMARY: Revisions to this rule include the elimination of local billing codes as mandated by the federal Health Insurance Portability and Accountability Act, changes consistent with recently revised Medicare reimbursement standards, rates for ambulance base rates and mileage, and a new rate for involuntary committal ("Blue Paper") ambulance transports was established.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: March 20, 2003 at 1:00 p.m.
Location: Bureau of Medical Services, Conference Room 1B, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 14, 2003.
DEADLINE FOR COMMENTS: March 31, 2003
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner
AGENCY NAME: MaineCare Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2003-P31
CONCISE SUMMARY: Revisions to this rule include changes and clarifications to the definitions of covered services, eligible members, and how reimbursement rates will be calculated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING.,
March 20, 2003 at 9:30 a.m., Conference Room 1B, Bureau of Medical Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 14, 2003.
DEADLINE FOR COMMENTS: March 31, 2003
AGENCY CONTACT PERSON: Robert Gross, Comprehensive Health Planner
AGENCY NAME: Policy & Provider Services, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
Fax: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 315, Assessing and Mitigating Impacts to Existing Scenic and Aesthetic Uses
PROPOSED RULE NUMBER: 2003-P32
CONCISE SUMMARY: In the Natural Resources Protection Act (NRPA), Title 38 Sections 480-A through Z, the Legislature has found and declared that Maine's protected natural resources are resources of state significance. Section 480-A states that these resources have great scenic beauty and unique characteristics, unsurpassed recreational, cultural, historical, and environmental value of present and future benefit to the citizens of the State and that uses are causing the rapid degradation and, in some cases, the destruction of these critical resources.
Applicants for permits under the NRPA are required to demonstrate that a proposed project meets the standards of the NRPA that have been established by the Legislature. Standard 1 in Section 480-D of the NRPA requires an applicant to demonstrate that a proposed activity will not unreasonably interfere with existing scenic and aesthetic uses. This requirement recognizes that environmental aesthetic values are shared among the general population.
This rule defines State regulatory concerns and differentiates them from local concerns, defines scenic and aesthetic impacts and associated vocabulary, provides direction for evaluating scenic and aesthetic impacts generated from proposed projects, describes when a visual assessment is necessary, describes the components of a visual assessment when required, and defines avoidance, mitigation and offset measures that eliminate or reduce adverse impacts to existing scenic and aesthetic uses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA Section 480-A
PUBLIC HEARING: March 20, 2003, 2:00 p.m., Ground Round, Augusta, ME
DEADLINE FOR COMMENTS: April 4, 2003
AGENCY CONTACT PERSON: Judy Gates, Licensing Coordinator
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7691
EMAIL: judy.gates@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Updating the Federal Poverty Level Income Guidelines, Rev. 67-P
PROPOSED RULE NUMBER: 2003-P33
CONCISE SUMMARY: This policy proposes to update the federal poverty level income guidelines contained in the Public Assistance policy manual. The income guidelines affect eligibility for Emergency Assistance and Transitional Transportation benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Federal Register: Vol. 68, No. 26, February 7, 2003, pp. 6456-6458
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 1, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 40, Home Health Services
PROPOSED RULE NUMBER: 2003-P34
CONCISE SUMMARY: This rule proposes to delete the homebound eligibility requirement and replace it with medical eligibility criteria. Clarifying language has been added related to duration of care and the limits of home health coverage when delivered in conjunction with other services. Other changes include updated definitions, deletion of language that duplicates Ch. I and new procedure codes to comply with federal requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Wednesday, March 18, 2003, 1 p.m., Conf. Room 1-A, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through March 28, 2003.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360 or 1 (800) 321-5557 option 9
DEAF/HARD OF HEARING TTY #: (207) 287-1828 or TTY# 1 (800) 423-4331


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) 66-A TANF Reviews
ADOPTED RULE NUMBER: 2003-44
CONCISE SUMMARY: All TANF recipients must have eligibility for continued assistance re-determined periodically. This rule changes the re-determination process for determining continued eligibility for TANF assistance.
EFFECTIVE DATE: February 18, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Updated List of Waived Geographic Areas for Time Limited Rule for ABAWDS, Removal of Geographic Exemptions for Work Registration, Excess Utility Costs
ADOPTED RULE NUMBER: 2003-45
CONCISE SUMMARY: Food Stamp applicants and recipients are not able to be exempt from work registration regulations due to geographic location. The following are the counties/municipalities that have had this exemption that will no longer exist: Androscoggin County: Leeds, Livermore, Livermore Falls and Mechanic Falls; Aroostook County (all); Cumberland County: Harrison; Franklin County; Hancock County (all); Kennebec County: Albion, Benton, Clinton, Gardiner, Monmouth, Mount Vernon; Readfield, and Vienna; Oxford County (all); Penobscot County: Alton, Bradford, Bradley, Burlington, Carmel, Carroll Plt., Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew Plt., East Millinocket, Edinburg, Enfield, Etna, Exeter, Garland, Greenbush, Howland, Hudson, Kingman Twp., LaGrange, Lakeville, Lee, Levant, Lincoln, Lowell, Mattawamkeag, Maxfield, Medway, Millinocket, Mt. Chase, Newburgh, Passadumkeag, Patten, Penobscot Nation, Plymouth, Sebois Pit., Springfield, Stacyville, Stetson, Webster Pit., Winn, and Woodville; Piscataquis (all); Sagadahoc: Bowdoin and Richmond; Somerset County (all); Washington County (all); Waldo County: Burnham, Frankfort, Freedom, Islesboro; Liberty, Palermo, Stockton Springs, Thorndike, and Troy; York County: Ogunquit and Sanford.
Food Stamp applicants and recipients living in the following counties/municipalities are no longer exempt from the time limited rules for ABAWDS (Able Bodied Adults Without Dependents) as those municipalities (or the county to which they belong) no longer have an unemployment rate greater than 20% of the national rate.. The unemployment rates in these areas have not been at least twenty (20) percent higher than the national average for a recent twenty four (24) month period. The areas are: Aroostook County: Amity, Blaine, Caribou, Castle Hill, Chapman, Easton, Frenchville, Garfield Pit., Hammond Pit., Hodgdon, Linneus, Littleton, Ludlow, Madawaska, Mapleton, Mars Hill, Masardis, Merrill, Nashville Pit., New Limerick, Presque Isle, Smyrna, Wade, Washburn, Westfield, Westmanland, and Woodland; Hancock County: Blue Hill, Brooklin, Brooksville, Castine, Dedham, Deer Isle, Frenchboro, Penobscot, Stonington, Swans Island, and Verona; and Penobscot County: Drew Pit.
Food Stamp applicants and recipients living in the following counties/municipalities (in addition to those already in policy) are now exempt from the time limited rules for ABAWDS (Able Bodied Adults Without Dependents): Androscoggin County: Minot; York County: Acton.
In addition, this rule clarifies that residents in public housing who pay for excess utility costs may use this cost used as separate utility cost in order to receive a non-heat standard allowance.
EFFECTIVE DATE: February 18, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, 1.01 (Open Water Fishing Regulations)
ADOPTED RULE NUMBER: 2003-46
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the 2003 Open Water Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: February 19, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
CHAPTER NUMBER AND TITLE: Ch. 22, Certified Resource Manager Grant Program
ADOPTED RULE NUMBER: 2003-47
CONCISE SUMMARY: This rule establishes standards for the administration of and eligibility for a grant program to encourage Maine foresters to obtain initial, independent 3rd party certification as an exemplary forest resource manager.
EFFECTIVE DATE: March 1, 2003
AGENCY CONTACT PERSON: Donald J. Mansius
AGENCY NAME: Maine Forest Service
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906


AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE:
Ch. 3, Categories and Responsibilities of Licensure
Ch. 4, Qualifications for Licensure
ADOPTED RULE NUMBERS: 2003-48 and 2003-49
CONCISE SUMMARY: The rules set forth the duties and responsibilities as well as the qualifications for licensure of a limited tank installer. These rules are being amended to implement the requirements of Public Law Ch. 633 that allows the Oil and Solid Fuel Board to issue a limited license to a manufactured housing mechanic for the limited purpose of allowing the mechanic to install outside residential heating oil tanks connected to manufactured housing units.
EFFECTIVE DATE: February 23, 2003
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605



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