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Weekly Rulemaking Notices Contact Us Find It

May 21, 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: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 300, Rules and Regulations for the Use of the Interstate Highway System
PROPOSED RULE NUMBER: 2003-P88
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules is intended to restrict certain vehicles to the two farthest right-hand lanes on that portion of Interstate 95 from the Maine-New Hampshire border to the southern terminus of the Maine Turnpike. The Maine Turnpike Authority is promulgating a similar rule for that portion of the Turnpike south of Mile Marker 44 in Scarborough. The Maine Department of Transportation has responsibility for that portion of I-95 leading from the Maine-New Hampshire border to the southerly terminus of the Maine Turnpike. The Department is proposing to amend its rules to maintain consistency on that portion of Interstate 95 from the Maine-New Hampshire border to Mile Marker 44 of the Maine Turnpike in Scarborough.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 23 MRSA 52 and 23 MRSA 4206(5)
CANCELLATION: The public hearing scheduled for this rule for May 27, 2003, as advertised on May 7. 2003, has been CANCELLED and will be rescheduled for a later date.
AGENCY CONTACT PERSON: Jim Smith
AGENCY NAME: Department of Transportation
ADDRESS: Office of Legal Services, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3020


AGENCY: 99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing the Use of the Turnpike: No Trucks in Third Lane (Amendment)
PROPOSED RULE NUMBER: 2003-P89
CONCISE SUMMARY: This rule would restrict buses and trucks, including truck tractors but excluding pickup trucks, from the far-left passing lane on the three lane section of the turnpike south of mile marker 44.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 1965(l)(C) and 23 MRSA 1980
CANCELLATION: The public hearing scheduled for this rule for May 27, 2003, as advertised on May 7, 2003, has been CANCELLED and will be rescheduled for a later date.
AGENCY CONTACT PERSON: Jonathan Arey
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771 x136


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
PROPOSED RULE NUMBER: 2003-P103
CONCISE SUMMARY: This rule will implement an incentive payment to encourage MaineCare dental providers to take new MaineCare patients. Additional changes include: clarifications for certain adult services, limited coverage of tobacco cessation counseling, and updates to billing procedure codes.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: June 11, 2003, 1:30 p.m.
Location: Conference Room # 1A, Department of Human Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 28, 2003.
DEADLINE FOR COMMENTS: June 25, 2003
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: MaineCare Policy Development
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
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. VI Section 1, Primary Care Case Management
PROPOSED RULE NUMBER: 2003-P104
CONCISE SUMMARY: The scope of this rule has been expanded to incorporate amendments made to the Social Security Act (authorized by the Balanced Budget Act of 1997). The management fee paid to participating providers has been reduced from $3.00 to $2.50. The co-payment exemption for members has been removed. Modifying language has been added throughout the rule clarifying existing policy regarding coverage, participation requirements, operational guidelines and updating terminology.
'THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: June 10, 2003 10:00 a.m., Bureau of Medical Services, 442 Civic Center Drive, Conference Room 3, Augusta, Maine 04333-0011
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: June 20, 2003
AGENCY CONTACT PERSON: Linda Schumacher, Medical Care Administrator
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370 or 1 (800) 321-5557
TDD/TTY: 1 (800) 423-4331 or 287-1828 (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. III Section 27, Early Intervention Services
PROPOSED RULE NUMBER: 2003-P105
CONCISE SUMMARY: Proposed changes include: creation of standard rates for center-based and individual one-on-one special purpose developmental therapy; procedure code updates; standardization of billing to one quarter (1/4) hour units; terminology updates; and related editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173.
PUBLIC HEARING: June 11, 2003 at 1:00 p.m., Conference Room #4, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 30, 2003.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: June 23, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy, Division of Policy and Provider Services
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (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 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 2003-P106
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, and adds a member copayment requirement.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: June 9, 2003 at 9:30 a.m., Conference Room 4, 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 June 4, 2003.
DEADLINE FOR COMMENTS: June 20, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2003-P107
CONCISE SUMMARY: Revisions to this rule include the addition of a member copayment requirement.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173 and PL 2003 Ch. 20, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2004 and June 30, 2005.
PUBLIC HEARING: June 9, 2003 at 1:00 p.m., Conference Room 1A, 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 June 4, 2003.
DEADLINE FOR COMMENTS: June 20, 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: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 2003-P108
CONCISE SUMMARY: To implement changes in the operation of State funded home and community based service programs in order to function within established appropriation amounts, the Bureau of Elder and Adult Services proposes to amend the following sections of its Policy Manual: Sections 40 - General Administrative Requirements for All Parties; 61 - Adult Day Services; 62 - Congregate Housing Services Programs; 63 - In-home and Community Support Services for Elderly and Other Adults; 68 - Respite Care for People with Alzheimer's Disease or Related Disorders; and 69 - BEAS Administered Homemaker Services. Areas affected include amounts of homemaker assistance, the suspension, denial, reduction or termination of services due to a lack of funds sufficient to continue to pay for services for all current consumers and requirements for criminal background checks for direct care workers. The revisions, which are all routine technical, also include making corrections in grammar and correcting for inconsistencies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c. 1451, 1453, 1457, 1505, 1621, 1623, 1663 and 1664
PUBLIC HEARING: June 9, 2003, 10: 00 a.m., Rooms 1A and B, Department of Human Services Building at 442 Civic Center Drive (Route 27), Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below by May 27, 2003.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail if received by 5:00 p.m. on June 19, 2003.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: Betty.Forsythe@maine.gov


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control

CHAPTER NUMBER AND TITLE: Ch. 100, Definitions
ADOPTED RULE NUMBER: 2003-128
CONCISE SUMMARY: The Board of Environmental adopted the following definition changes to Ch. 100, Definitions: fuel burning equipment; fugitive emissions; general process source; recovery boiler; and six minute block average for continuous opacity monitors.

CHAPTER NUMBER AND TITLE: Ch. 101, Visible Emissions Regulation
ADOPTED RULE NUMBER: 2003-129
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 101, Visible Emissions Regulation, which establishes opacity limits for emissions from fuel burning sources, recovery boilers, general process sources and fugitive emission sources. These amendments change the averaging times that determine compliance with this rule and make the opacity limit on certain fuel burning sources more stringent. This rule also provides boiler start-up and shutdown exemptions through the licensing process on a case-by-case basis.

EFFECTIVE DATE: May 18, 2003
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2003-130
CONCISE SUMMARY: Revisions to this rule included revisions to reimbursement rate calculations, clarifications to the definitions, updates of member eligibility standards, asthma and diabetes educational services, and addition of smoking cessation counseling as a covered service, upgraded case record requirements for members being treated for chronic mental illness, addition of new procedure codes for certain covered services, modification of the limit on the number of covered services allowed per day for billing purposes relative to mental health core visits, and numerous wording and grammatical changes stemming from the changeover in program title from "Medicaid" to "MaineCare."
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: May 19, 2003
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Policy & Provider Relations
ADDRESS: Bureau of Medical Services, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - New Certification Periods, Change Reporting, Six Month Reporting, Excess, Excess Utility Costs
ADOPTED RULE NUMBER: 2003-131
CONCISE SUMMARY: This rule establishes new certification periods for most households. Households with at least one migrant worker will be certified for no more than three months depending on how long the migrant worker intends to stay in the state. All other households will be certified for a twelve-month period. This rule also establishes a new reporting system for certain households. All households, except for those whose members aged 60 or older, with no earned income, and whose only income is SSI and/or SSDI, for those who have at least one migrant worker, and for those that are homeless, will be placed on six month reporting. They will receive a report to complete, sign and return, with changes, in the sixth month of their twelve-month certification period. Households that are categorically eligible do not need to report anything else between the six-month report and their twelve-month review. Households that are not categorically eligible need to report if their gross monthly income exceeds 130% of the poverty level for their household size. This rule also clarifies that residents of public housing who incur only excess utility bills are allowed the full standard deduction.
EFFECTIVE DATE: May 19, 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

TYPE OF RULE: New Rule
CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2003-132
CONCISE SUMMARY: The Commissioner of Inland Fisheries & Wildlife has adopted a rule to encourage the harvest of togue to minimize the impact on brook trout and landlocked salmon populations in Pierce Pond, Somerset County, as follows: Opens to Fishing May 1. S-6, S-17. No size or bag limit on togue.

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
ADOPTED RULE NUMBER: 2003-133
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending Ch. 2.05 which creates two new categories of weigh-in bass tournaments: Club and Open Tournaments. This rule change would permit an increase in the total number of tournaments to provide opportunities for additional club tournaments which will be restricted to a maximum of 15 boats. This rule will reduce the number of larger open tournaments on lakes greater than 3500 acres.

EFFECTIVE DATE: May 20, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


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