May 13, 1998 Rule-Making Notice - State of Maine

May 13, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.

PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities.
PROPOSED RULE NUMBER: 98-P95
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 7/1/98.
The proposed rule adds language concerning depreciation recapture on the sale of depreciable assets; how the acquisition costs of the rights to a nursing facility license will be treated; and changes the occupancy percentage used in the calculation of nursing facility bed conversions from 97% to 95% for conversions effective on or after July 1, 1998. The base year for the fixed cost component has been changed to the most recently audited fiscal year. Language has been deleted as it applies to refinancing and the cost of ownership for leased arrangements between individuals or organizations not related by common control or ownership; and language concerning specialty nursing facilities. Definitions of community integrated rehabilitation, comprehensive, rehabilitation, sustained rehabilitation, discrete costing, experience modifier, total patient census, and acquisition cost have been added. An Appendix D has been added defining bedbanking and language has been added concerning reimbursement for TBI facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. § 42, . § 3173, § 1708(c)
PUBLIC HEARING: June 2, 1998, 1:00 p.m., Bureau of Medical Services - Conference Room ,249 Western Avenue, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: Written comments will be accepted through June 12, 1998.
AGENCY CONTACT PERSON: Debra Couture, Division of Financial Services
AGENCY NAME: Bureau of Medical Services
AGENCY ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 207-287-8540
TTY: 207-287-1828

ADOPTIONS

AGENCY: 01-001 - Division of Plant Industry, Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine.
ADOPTED RULE NUMBER: 98-196
CONCISE SUMMARY: This rule amends several provisions of the Seed Certification program to allow for greater use of laboratory testing to detect pathogens, either in place of or to supplement visual detection. It eliminates outdated sections of the current rules resulting from changes in Maine's seed industry. It establishes a protocol for laboratory testing for the Bacterial Ring Rot pathogen, and modifies the regulatory options that producers may follow if this pathogen is detected. It requires laboratory testing of seed lots for the Bacterial Ring Rot pathogen on farms on which some potatoes are not entered into the certification -program, if such seed is to be sold in Maine. It mandates laboratory testing for Potato Virus Y in symptomless carriers of this disease. It raises the fees for the field inspection program from $13 to $17 per acre, and increases the overtime surcharge for shipping point inspection from 2 cents to 5 cents per hundredweight inspected.
EFFECTIVE DATE: May 5, 1998
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, ME 04333
PHONE NUMBER:(207) 287-3891

AGENCY: 16-227 - Department of Public Safety, Maine Criminal Justice Academy Board of Trustees
CHAPTER NUMBER AND TITLE: Ch. 1, 3, 5, 7, and 9 Part II.
ADOPTED RULE NUMBER: 98-197
CONCISE SUMMARY: The Board of Trustees of the Maine Criminal Justice Academy has proposed amending their existing rules governing the training of law enforcement and corrections officers to brine, them in conformity with L.D.1114, "AN ACT to Amend the Law Governing the Training and Certification of Law Enforcement Officers" which became law in July, 1994. The modifications to the existing rules will reflect changes in the entrance standards, training and in-service training requirements, as well as the waiver requests. Other proposed rule changes include making the existing language of the rules gender neutral, correcting typographical errors and amending the-rule to reflect the discretionary nature of 25 M.R.S.A. § 2806(1)(B) (1996).
EFFECTIVE DATE: May 5, 1998
AGENCY CONTACT PERSON: Steven Giorgetti, Director
AGENCY NAME: Maine Criminal Justice Academy
ADDRESS: 93 Silver Street, Waterville, ME 04901
TELEPHONE: 207-877-8800

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 3, Rules And Regulations Relating To Beano
ADOPTED RULE NUMBER: 98-198
CONCISE SUMMARY: this rule provides the routine technical rule for the establishment of a nonsmoking area at beano. It complies with recent legislation.
EFFECTIVE DATE: August 1, 1998
AGENCY CONTACT PERSON: Barry Hathaway
ADDRESS: Maine State Police, Gaming and Weapons Unit, 164 State House Station, Augusta, Maine 04333-0164
PHONE NUMBER: 207-624-8784

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 32.10, Emergency Elver Fishing 1998 Season
ADOPTED RULE NUMBER: 98-199
CONCISE SUMMARY: The following emergency regulation is enacted by the Commissioner of Marine Resources under the authority of 12 M.R.S.A. §6171-3. The Commissioner has determined that the unusually large concentration of elver fishermen and associated fishing gear represents an immediate threat to the conservation of elvers and eels within Maine's tidal waters. These regulations expand the closed period for elver harvesting, 12 M.R.S.A. §6575-A, by adding an extra 24 hours to the current statute closure that runs from noon Friday to noon Sunday. Beginning Friday, May 8 to the end of the season, the weekly closed period shall be from noon Friday through noon Monday. The 1998 elver fishing season ends noon Friday, June 12, 1998.
EFFECTIVE DATE: Monday, May 4,1998
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE:(207) 624-6341

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 98-200
CONCISE SUMMARY: The Department of Human Services has made revisions to clarify language and refine procedures in the current rules related to design language and refine procedures in the current rules related to design and construction of onsite wastewater disposal systems.
EFFECTIVE DATE: June 1, 1998
AGENCY CONTACT PERSON: James Jacobsen
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10 Augusta ME 04333
TELEPHONE: 287-5695

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - (1) Medicaid for Children Who Are Closed From SSI Because They Do Not Meet the August 23, 1996 SSI Disability Criteria; (2) Income Allocation to Children in SSI-Related Medicaid
ADOPTED RULE NUMBER: 98-202
CONCISE SUMMARY: This rule change:
1. continues Medicaid coverage for children who lose SSI coverage due to not meeting the August 23, 1996 child disability criteria; and,
2. allows for an income allocation from parents to children when determining eligibility for Medicaid under SSI-related coverage.
EFFECTIVE DATE: May 9, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY:(207) 287-6948

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 90.10, Knox County Conservation Areas I, II, & III
ADOPTED RULE NUMBER: 98-203
CONCISE SUMMARY: The Department proposed these rules to address resource depletion concerns and conflict between the two user groups, marine worm and soft-shell clam harvesters who operate within the same locations in the St. George River. Based on analysis of the opposition of the rule presented at the public hearing held April 30, 1998 the Commissioner repeals the rule.
EFFECTIVE DATE: May 20,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE:(207) 633-9584

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