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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: 98-P132
CONCISE SUMMARY: The Bureau of Elder and Adult Services in the Department of Human Services proposes adopting the rule governing the Consumer Personal Care Assistance Services Program. The transfer of this program from the Department of Labor Bureau of Rehabilitation Services to the Department of Human Services Bureau of Elder and Adult Services was mandated by Public Law 97 Chapter 734 and is to be effective as of July 1, 1998. It consolidates the administration of all state funded home based care services within the Department of Human Services. The rule will be incorporated into the Bureau of Elder and Adult Services Policy Manual, 10-149-5, as Sections 73 and 74.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON' MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, Sec. 7303; PL 97, Chap 734
PUBLIC HEARING: Monday, July 20, 1998, 1:00 p.m., Large Conference Room, Bureau of Elder and Adult Services, 35 Anthony Avenue (Augusta Business Park), Augusta
DEADLINE FOR COMMENTS: Thursday, July 30, 1998
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 04333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925
AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
RULE TITLE OR SUBJECT: Ch. 551, Bureau of Rehabilitation Services Policy Manual, Home Based Care Rules
PROPOSED RULE NUMBER: 98-P133
CONCISE SUMMARY: The Bureau of Rehabilitation Services in the Department of Labor proposes repealing the rule governing the Consumer Personal Care Assistance Services Program. The Transfer of this program from the Department of Labor, Bureau of Rehabilitation Services to the Department of Human Services, Bureau of Elder and Adult Services was mandated by Public Law 97 Chap 734 and is to be effective as of July 1, 1998. It consolidates the administration of all state funded home based care services within the Department of Human Services. The rule will be incorporated into the Bureau of Elder and Adult Services Policy Manual, 10-149-5, as Section 73 & 74.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26 MRSA § 1411; PL 97, Chap 734
PUBLIC HEARING: Monday, July 20, 1998, 1:00 p.m., Large Conference Room, Bureau of Elder and Adult Services, 35 Anthony Avenue (Augusta Business Park), Augusta
DEADLINE FOR COMMENTS: Thursday, July 30, 1998
AGENCY CONTACT PERSON: Ron Hanson
AGENCY NAME: Bureau of Rehabilitation
ADDRESS: #150 State House Station (35 Anthony Avenue), Augusta, ME 04333-0150
TELEPHONE: (207) 624-5307 or 1 (800) 332-1003
TTY: (207) 624-5322 or 1 (800) 332-1003
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 7: 7.10, 7.30, 7.40, Requirements for Municipalities Having Shellfish Conservation Programs
PROPOSED RULE NUMBER: 98-P134
CONCISE SUMMARY: The purpose of this rule is to provide a greater degree of flexibility to towns that administer shellfish conservation programs in general. The amendments specifically address the sale of licenses, the conduct of resource assessments and the procedures used by towns to allocate unsold resident and nonresident shellfish licenses after the initial period of issuance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. §6171
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Friday, July 31, 1998
AGENCY CONTACT PERSON: Hal Winters
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6562
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Simplified Food Stamp Program, Change in Disqualification for some Drug-Related Felonies
PROPOSED RULE NUMBER: 98-P135
CONCISE SUMMARY: Establishes a Simplified Food Stamp Program which will lessen the number of work exemptions for TANF/Food Stamp households. It will exempt parents or caretakers of a child under the age of 12 months from work requirements. Current policy allows exemptions for parents or caretakers of a child under the age of six (6). The parent or caretaker relative under age 20 must participate in work programs to complete high school. This also clarifies that disqualification for drug-related felonies are required if the activity occurred after August 22, 1996, not the conviction itself.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 1, 1998.
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
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 104, Maine Children's Health Insurance Program, Section 1, Cub Care
PROPOSED RULE NUMBER: 98-P136
CONCISE SUMMARY: The proposed rule establishes Cub Care as the children's health insurance program for children in low income families who are residents of Maine. To be eligible the child must live in a family whose income is between 150% and 185% of the federal poverty income level. For example using the 1998 guidelines, a family with two persons could be eligible if their monthly income were between $1,357 and $1,673. Provision of care and services for Cub Care are identical to the Medicaid using the same benefits delivery systems.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. §42, §3173, and Public Law 1998, April 16, 1998, Chapter 777.
PUBLIC HEARING: July 21, 1998, 10:00 a.m. to Noon, Room 124, State Office Building, State Capital Complex, Augusta, ME 04333. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: July 31,1998
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY (207) 287-1828, 1-800-423-4331.
AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
PROPOSED RULE NUMBER: 98-P137
CONCISE SUMMARY: This rule establishes procedural requirements governing the payment of medical and disability benefits by health, disability, and workers' compensation insurance companies so that injured workers whose workers' compensation claims have been controverted and who are awaiting Workers' Compensation Board determinations shall not incur any unnecessary financial burden.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A M.R.S.A. §222(2) and 24-A M.R.S.A. §212
PUBLIC HEARING: July 22, 1998, 1:00 p.m., Androscoggin Room of the Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: August 3,1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423
AGENCY: 02-039 - Department of Professional and Financial Regulation, Real Estate Commission
RULE TITLE OR SUBJECT:
Ch. 320, Agency/Designated Broker Responsibilities
Ch. 380, Fees
PROPOSED RULE NUMBER: 98-P138
CONCISE SUMMARY: The proposed rule will repeal a section of Chapter 320 that is no longer necessary due to the repeal of the underlying statutory authority and will increase real estate license, exam, course approval and other fees administered by the Real Estate Commission.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A., c.114 §13065 (5) & (7)
PUBLIC HEARING: Thursday, July 23, 1998, 9:00 a.m., Central Conference Room, Department of Professional and Financial Regulation, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: August 6, 1998
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Director
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520
AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 98-P139
CONCISE SUMMARY: Rule 803 is being amended: 1) to respond to a change in Federal withholding allowances related to the new credit for each minor child; 2) to require employers to keeps a copy of the Personal Allowances Worksheet for the federal Form W-4 in the employer's payroll files; 3) to add a provision for the "Personal Withholding Exemption Variance Certificate" to be obtained from the State by an employee who wants to claim a number of withholding allowances for Maine tax purposes that exceeds the number of federal allowances claimed; and 4) to change references to "State Tax Assessor" to "Executive Director."
RULE TITLE OR SUBJECT: Ch. 102, Electronic Funds Transfers
PROPOSED RULE NUMBER: 98-P140
CONCISE SUMMARY: Proposed Rule 102 covers electronic collection of taxes pursuant to authorizing legislation in 36 M.R.S.A. § 193. Major components of the rule are: A) Definitions of specific electronic funds transfer terminology and available electronic funds transfer methods; B) Mandates stated in § 193 and guidelines for voluntary EFT participation; C) Technical information; D) Procedural information; E) Guidelines to consider regarding abatement of penalties; and F) Information on problem resolution. The Rule is intended to benefit taxpayers in a number of ways, foremost by reducing tax filing requirements whenever possible. Additionally, Maine Revenue Services is able to serve taxpayers by providing efficient and convenient electronic payments mechanisms. An added benefit of electronic funds transfers is an audit trail that allows Maine Revenue Services to research electronic payments quickly and easily. The Rule defines specific guidelines to consider regarding abatement of penalties for failure to pay if the taxpayer can demonstrate a good faith effort to make an EFT payment and satisfy an underpayment in a timely manner in both the ACH Debit and Credit method programs. Maine Revenue Services and the State benefit by increased funds going directly from taxpayer bank accounts to State depository accounts due to mandates contained in the Rule. Manual payment processing is significantly reduced due to an automated EFT processing system that directly transfers payment-related data to taxpayer accounts and provides revenue figures.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 M.R.S.A. §112
PUBLIC HEARING: None scheduled as yet.
DEADLINE FOR COMMENTS: August 5, 1998
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2076
AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-08
PROPOSED RULE NUMBER: 98-P141
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. Section 2954 & 5 M.R.S.A. Section 8054
PUBLIC HEARING: 2:00 p.m., Thursday, July 9, 1998, Maine Dairy and Nutrition Council Building, Cony Road, Augusta, Maine 04330
DEADLINE FOR COMMENTS: July 9, 1998
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #98-07
ADOPTED RULE NUMBER: 98-267
CONCISE SUMMARY: Minimum July, 1998 producer Class I set at $14.22 and a Northeast Interstate Dairy Compact over order price of $2.82. July, 1998 Class II goes to $11.18 and Class III minimums set at $10.76. A $. 10 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: July 1, 1998
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC), Extending TANF Assistance Beyond 60 Months
ADOPTED RULE NUMBER: 98-268
CONCISE SUMMARY: This policy adds the criteria a TANF assistance unit must meet to receive assistance beyond 60 months.
EFFECTIVE DATE: July 1, 1998
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
TELEPHONE NUMBER: 287-5089
TTY: (207) 287-6948
AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual, Personal Needs Allowance in the BMR (Bureau of Mental Retardation) Home Based Waiver
ADOPTED RULE NUMBER: 98-269
CONCISE SUMMARY: This change increases the monthly personal needs allowance in the BMR Waiver from the present $504 to 125% of the federal poverty level. This amount is excluded when determining the individual's cost of care for Waiver services.
EFFECTIVE DATE: July 1, 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: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
RULE TITLE: Ch. 113, Growth Offset Regulation
ADOPTED RULE NUMBER: 98-270
CONCISE SUMMARY: On June 10, 1998, the Board of Environmental Protection adopted the Department's rule governing growth offset trading. Federal law requires new air emissions from major new sources and major modifications of existing sources to be offset by emissions reductions elsewhere, to ensure that industrial growth will not result in an increase in air pollution within the state. The revisions provide guidance needed to conduct air emissions credit trades, and incorporate findings of the Governor's Committee on Emissions Trading, which provided policy guidance to the Department. Major changes include a clearer definition of how pollution reductions should be measured and calculated, inclusion of credit certification provisions, a change in the date after which pollution reductions may be creditable, and a requirement for additional offset credits if they are obtained from outside of New England.
EFFECTIVE DATE: June 27, 1998
AGENCY CONTACT PERSON:
NAME: Judith Landers
ADDRESS: Bureau of Air Quality Control, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
PHONE: 207-287-2437
AGENCY: 02-380 - Department of Professional and Financial Regulation, Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards f or Educational Programs in Nursing
ADOPTED RULE NUMBER: 98-271
CONCISE SUMMARY:The rule change: (1) delineates criteria by which the Board may grant an exception to the master's degree requirement for faculty and (2) establishes the faculty/student ratio as 1:8.
EFFECTIVE DATE: June 28, 1998
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, 24 Stone Street, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133
AGENCY: 02-380 - Department of Professional and Financial Regulation, Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 98-272
CONCISE SUMMARY: 3 hours of precepting an advanced practice registered nursing student will be worth 1 contact hour of Category II credit.
EFFECTIVE DATE: June 28, 1998
AGENCY CONTACT PERSON: Virginia E. deLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, 24 Stone Street, Augusta, ME 04333-0158
TELEPHONE: 207-287-1133
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 98-273
CONCISE SUMMARY: The final rule revises the method for setting rates paid to nursing homes for services provided on or after 7/1/98, unless otherwise noted in the policy. Revisions include the following: addition of language concerning the depreciation recapture on the sale of depreciable assets, allowable fixed costs related to the acquisition costs of the rights to a nursing facility license, and changes to the occupancy percentage used in the calculation of nursing facility bed conversions from 97% to 95%; rebases the fixed cost component to the most recently audited fiscal year; deletes policy for specialty nursing facility rates; adds definitions for Community Integrated Rehabilitation, Comprehensive Rehabilitation, Sustained Rehabilitation, Discrete Costing, Experience Modifier, Acquisition Cost, and Total Patient Census; and adds an Appendix D for Bedbanking.
EFFECTIVE DATE: July 1, 1998
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) 287-1828
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations (EMERGENCY AMENDMENT)
ADOPTED RULE NUMBER: 98-274
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted an emergency rule changing the legal length limit on landlocked salmon from 14 inches to 12 inches on Eagle Lake in Aroostook County. Sampling data indicates a lack of smelt forage resulting in a large number of slow-growing landlocked salmon. As a result, few salmon can be legally harvested. Allowing anglers to harvest salmon between 12 and 14 inches will help speed the recovery of the salmon fishery. The adopted regulation reads as follows:
Eagle Lake, Eagle Lake, Wallagrass, etc. S-2, S-3, S-16, S-25; Minimum length limit on salmon: 12 inches. (See also Fish River Thoroughfares)
EFFECTIVE DATE: June 26, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201
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