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October 2, 2002
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: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 29.2, Client Grievance Rights, Grievance Process, Medical and Mental Health Care
PROPOSED RULE NUMBER: 2002-P212
CONCISE SUMMARY: This proposed rule establishes a separate process for reviewing and resolving grievances of adult prisoners and juvenile residents concerning medical and mental health care.
PROPOSALS FILED PREVIOUSLY - PUBLIC HEARING NOW SCHEDULED.

CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 29.1, Client Grievance Rights, Grievance Process, General
PROPOSED RULE NUMBER: 2002-P213
CONCISE SUMMARY: This proposed rule establishes a process for reviewing and resolving grievances of clients, other than grievances concerning medical and mental health care, for which there is a separate grievance process.
PROPOSAL FILED PREVIOUSLY - PUBLIC HEARING NOW SCHEDULED

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA 1203(3)(B) and 1402(5)
PUBLIC HEARING: Monday, October 21, 2002 from 1 p.m. - 4 p.m. in Room 302 (Third Floor) of the Burton Cross State Office Building in Augusta.
DEADLINE FOR COMMENTS: November 1, 2002 - Comment Deadline Extended
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 11.07(l)(a)(iii), Configuration of Scallop Drag, Minimum mesh size - New section
PROPOSED RULE NUMBER: 2002-P237
CONCISE SUMMARY: The proposed rulemaking would reduce the number of required rows of non-overlapping steel rings from four to no less than one row in any scallop dredge that is 3.5 feet or less in width.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:00 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:00 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:00 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:00 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

RULE TITLE OR SUBJECT: Ch. 11.10(B), Atlantic Sea Scallops, Minimum Size
PROPOSED RULE NUMBER: 2002-P238
CONCISE SUMMARY: This proposed rule-making would raise the minimum size of possession of Atlantic sea scallops to those whose shells are 4 inches in the longest diameter, except in those areas where the minimum size is otherwise set by statute. The current minimum size is 3.25 inches in the longest diameter statewide, and 3.5 inches in Cobscook Bay.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:15 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:15 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:15 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:15 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

RULE TITLE OR SUBJECT: Ch. 11.10(E), Atlantic Sea Scallops, Culling Requirement
PROPOSED RULE NUMBER: 2002-P239
CONCISE SUMMARY: This proposed rulemaking would require that all scallops less than the minimum size be liberated prior to beginning shucking of legal sized scallops. A vessel may not have on board any scallops less than the minimum size while a scallop boat license holder or crewmember is shucking scallops.
PUBLIC HEARINGS:
Tuesday, October 15, 2002, 7:30 p.m., Univ. of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias;
Monday, October 21, 2002, 7:30 p.m., Ellsworth City Hall 3rd Floor Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, October 22, 2002, 7:30 p.m., State Ferry Terminal, Conference Room, Rockland;
Wednesday, October 23, 2002, 7:30 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
DEADLINE FOR COMMENTS: November 2, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #11-02
PROPOSED RULE NUMBER: 2002-P241
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, October 18, 2002 Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 18, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 1, General Provisions
PROPOSED RULE NUMBER: 2002-P242
CONCISE SUMMARY: The Commission is proposing to revise its fees to create a more equitable, simplified fee system that will be more consistently applied. Application fees for building, forestry operation, and other development permits, excluding subdivision permits, are currently assessed based on the estimated development costs of the project. It is difficult for applicants to correctly estimate building costs, and nearly impossible for staff to verify these estimates. The Commission is proposing to establish a flat fee for most of these permit types, although it is proposing to retain the ability to charge more for very large projects, and will continue to base those fees on the estimated development costs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Ch. 206-A, 685-C(3)
PUBLIC HEARING: No hearing will be held; one may be requested.
DEADLINE FOR COMMENTS: Friday, November 1, 2002
AGENCY CONTACT PERSON: Peggy Dwyer
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station Augusta, Maine 04333
TELEPHONE: (207) 287-4924
E-MAIL: peggy.dwyer@maine.gov


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 870, Labeling of Mercury-Added Products
PROPOSED RULE NUMBER: 2002-P243
CONCISE SUMMARY: The Board of Environmental Protection proposes to amend chapter 870 of its rules. Ch. 870 sets forth standards for putting a warning label on products to which mercury is added during manufacture or formulation. The rule was adopted on January 4, 2001 and has been in effect since March 4, 2001. The Board is proposing to amend the rule for the following reasons:
* To incorporate a change in the statutory definition of "mercury-added product" under 38 MRSA 1661 (1);
* To clarify that mercury-added button batteries and lamps do not need to be labeled;
* To allow manufacturers to take advantage of the one-stop, administrative services of the Interstate Mercury Education and Reduction Clearinghouse and thereby avoid the need to file separate labeling plans in each state that requires labeling of mercury-added products; and
* To incorporate new statutory language on labeling of motor vehicles that have mercury-added components.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Maine Revised Statutes Annotated, Title 38, 1662, subsection 1.
PUBLIC HEARING: The board does not plan to hold a public hearing on the proposed rule amendments; one may be requested.
DEADLINE FOR COMMENTS: Interested persons are invited to submit written comments on the proposed rule amendments, a copy of which can be obtained from the contact person below. The deadline for written comment is Friday, November 1, 2002. Comments may be submitted by mail, e-mail or FAX. To ensure consideration, include your name and the organization you represent, if any.
CONTACT PERSON. Address comments to:
John James, DEP-BRWM, 17 State House Station, Augusta ME 04330
TELEPHONE: (207) 287-7866
FAX: (207) 287-7826
E-MAIL: john.james@maine.gov.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Coverage of Individuals Age 21 Through 64
PROPOSED RULE NUMBER: 2002-P244
CONCISE SUMMARY: This rule establishes a new MaineCare coverage group. Effective October 1, 2002 individuals age 21 through 64 can enroll in MaineCare if they meet income and asset guidelines as well as basic eligibility requirements such as providing a Social Security number and assigning rights to medical support. Up to-this time, an individual had to fit into a certain category in order to enroll in MaineCare. This excluded childless individuals age 21-64 who were not disabled or pregnant.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 4, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence. 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 29-250 - Maine Department of the Secretary of State
RULE TITLE OR SUBJECT: Ch. 900, Rules for the Administration of the Address Confidentiality Program
PROPOSED RULE NUMBER: 2002-P245
CONCISE SUMMARY: These proposed rules are written to facilitate the administration of the Address Confidentiality Program. The rules describe the manner and process for application to the program by prospective participants and application assistants. The proposed rules further include sections on cancellation of program certification, exercise of program participant privileges, program participation renewal, application for agency exemption requests, disclosure to law enforcement and service of process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 90-B
PUBLIC HEARING: October 22, 2002, 10:00 a.m., Office of the Secretary of State, Nash School Building, Corner of Capital and Sewall Streets, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 1, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: John T. Smith
AGENCY NAME: Maine Department of the Secretary of State
ADDRESS: 148 State House Station, Augusta, ME 04333-0148
TELEPHONE: (207) 626-8409


AGENCY: 05-071 - Department of Education
PROPOSED RULE NUMBER: 2002-P246 through 2002-P264
RULE TITLE AND CONCISE SUMMARY:
The Department of proposing to repeal the following rules:
Ch. 003, Award of Grants and Contracts by the Department of Education and Cultural Services: This rule should be repealed since it has been replaced by Dept of Admin and Fin Svcs Rule, Ch 120.
Ch. 012, State Assessment of Student Performance: This rule should be repealed since it has been replaced by Dept of Education Rule, Ch 127.
Ch. 31, Chapter 1 Migrant Education Program Requirements: This rule should be repealed since federal statute and regulations no longer require it.
Ch. 32, Chapter 1 Program Requirements: This rule should be repealed since federal statute and. regulations no longer require it.
Ch. 62, Approval of Lease Costs of School Buildings: This rule should be repealed since it has been absorbed into Me Dept of Ed Reg chapter 64.
Ch. 63, Repair/Replacement Roofs: This rule should be repealed since bond funds have been dispersed and the rule is no longer necessary.
Ch. 65, Major Maintenance Projects: This rule should be repealed since bond funds have been dispersed and the rule is no longer necessary.
Ch. 103, FY 1984 - FY 1986 Maine State Plan: This rule should be repealed since the provisions of this rule have been consolidated into Me Dept of Ed Reg Ch 101.
Ch. 108, Joint Regulations between Department of Education and Department of Mental Health and Mental Retardation: This rule should be repealed since the statutory provisions were accomplished through an interagency cooperative agreement.
Ch. 111, Teacher Recognition Grants: This rule should be repealed since the statutory provisions were accomplished through a one-time grant program during the 1985-1986 school year.
Ch. 113, Organizational Units Responsible for the Certification of Education Professionals: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 115.
Ch. 115-A, Re-certification of Educational Personnel: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 115.
Ch. 116, Professional Development: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 125.
Ch. 117, Placement Registration: This rule should be repealed since the statutory provisions have been repealed.
Ch. 121, Early Elementary, Kindergarten to Grade Three, School Assistance Program: This rule should be repealed since the statutory provisions have been repealed.
Ch. 175, Early Childhood Demonstration Sites Grants: This rule should be repealed since the statutory provisions have been repealed.
Ch. 223, General Adult Education: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 225 and 229.
Ch. 231, Vocational Program Approval Procedures: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 232.
Ch. 236, Program Evaluation Requirements: This rule should be repealed since the statutory provisions have been consolidated into Me Dept of Ed Reg Ch 232.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 1831; 20-A MRSA 260; 20-A MRSA 4251-1; 20-A MRSA 6204 - 6209; 20-A MRSA 7003; 20-A MRSA 8306-A; 20-A MRSA 13506; 20-A MRSA 13011 - 13019-e; 20-A MRSA 7204, 15601 & 15602; 20-A MRSA Ch. 313 & 315 and Federal Education Consolidation Improvement Act
PUBLIC HEARING: None Scheduled; one may be requested.
COMMENT DEADLINE: Comments will be accepted on the repeal of these rules until 5 p.m. on November 1, 2002.
COMMENTS MAY BE SUBMITTED: By mail to Judy Lucarelli, Deputy Commissioner, 23 State House Station, Augusta, ME 04333-0023; By fax to Judy Lucarelli at (207) 624-6601; By e-mail to Judy Lucarelli at Judy.Lucarelli@maine.gov; or By delivering a written copy to the receptionist on the 5th floor of the Cross State Office Building, Augusta, Maine.


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 296, "Fillings: The Choices You Have - Mercury Amalgam and Other Filling Materials"
ADOPTED RULE NUMBER: 2002-354
CONCISE SUMMARY: This is a brochure which is required pursuant to PL 2001 Ch. 385 (LD 1409), and requires DHS to draft the brochure as major substantive rules. The statute directs the Bureau of Health to develop a brochure that "explains the potential advantages and disadvantages to oral health, overall human health and the environment of using mercury or mercury amalgam in dental procedures. The brochure must describe what alternatives are available to mercury amalgam in various dental procedures and what potential advantages and disadvantages are posed by the use of those alternatives. The brochure may also include other information that contributes to the patient's ability to make an informed decision when choosing between the use of mercury amalgam or an alternative material in a dental procedure, including, but not limited to, information on the durability, cost, aesthetic quality or other characteristics of the mercury amalgam and alternative procedures." Pursuant to Ch. 125, Resolves, 2002 (LD 2140), one copy of the brochure and one copy of the poster to each dentist in the State. In addition, a copy of the brochure will be posted on the Bureau of Health's publicly accessible site on the Internet that is suitable for downloading and printing by dentists, patients and other interested parties.
EFFECTIVE DATE: November 4, 2002
AGENCY CONTACT PERSON: Judith A. Feinstein
AGENCY NAME: Bureau of Health
ADDRESS: Oral Health Program, 11 State House Station, Key Plaza, 4th fl., Augusta, ME 04333
TELEPHONE: (207) 287-2361
TTY: (207) 287-8015


AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2002-355
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments provide alternative eligibility requirements for specific members to purchase military service, modify the index on which cost-of-living adjustments are based, bring State law into compliance with Federal law for continuation of benefits when military service is rendered, modify the groups of employees that may be covered by a special plan, amend the earnings limitation for specific disability benefit recipients, modify the restoration to service provisions, and make other clarifications and corrections to the rule.
EFFECTIVE DATE: September 28, 2002
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or 1 (800) 451-9800


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #10-02
ADOPTED RULE NUMBER: 2002-356
CONCISE SUMMARY: Minimum October, 2002 Class I price is $13.40 plus $.15/cwt. Producer Cost of Production and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.35. Class II minimums set at $11.22 which includes $0.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: October 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 31, Program Statement for Administering the 2003 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2002-357
CONCISE SUMMARY: This final rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 24, 2002
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic & Community Development, Office of Community Development
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE:.(207) 624-9816


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2002-358
CONCISE SUMMARY: The Home Energy Assistance Program rule is being amended to: (i) allow additional subgrantees with MSHA's prior approval to participate in MSHA's actual consumption-based program; and (ii) change the program start-up date to October 1st of each year for priority applicants and households with a direct heating cost.
EFFECTIVE DATE: September 25, 2002
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Form Filings (Ch. 2 4; 3 2 & 3; 12 1)
ADOPTED RULE NUMBER: 2002-359
CONCISE SUMMARY: These amendments repeal a section of the rules rendered moot by the enactment of P.L. 2001, Ch. 448. They also establish procedures related to filing of documents with the Board. It also increases the mileage reimbursement for travel to and from formal hearings to 26 cents per mile.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 45, Hospital Services.
ADOPTED RULE NUMBER: 2002-360
CONCISE SUMMARY: These rule changes set the inflation factor for inpatient services to zero for the period July 1, 2002 through June 30, 2003. Additionally, the rule has been changed to allow for negotiated rates for institutions of mental disease. References to organizational changes and other minor changes have been made.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, 1 (800) 321-5557 option 1
TTY: (207) 287-3094 or 1 (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 60, Medical Supplies and Durable Medical Equipment. Repeal of 10-144 Ch. 101, MaineCare Benefits Manual: Ch. III, Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2002-361
CONCISE SUMMARY: These rule changes cap reimbursement for certain supplies and reduce reimbursement for orthotics and prosthetics by 3%, originally implemented through emergency rule making. Other changes include but are not limited to: clarifying and expanding prior authorization requirements, clarifying reimbursement methodologies, revising and clarifying criteria for some covered services, in some instances to conform to Medicare criteria, clarifying documentation requirements and formal repeal of Ch. III to correct a technical error in a previous rulemaking.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE (207) 287-9367, 1 (800) 321-5557 option 1
TTY (207) 287-3094 or 1 (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2002-362
CONCISE SUMMARY: These rules adopt the curtailment of allotment required by the Governor's July 1, 2002 Executive Order Curtailing Allotments. These rules give the DHS Commissioner the authority to make cost of living adjustments in calculating reimbursement rates for MaineCare nursing facilities more frequently than annually.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2002-363
CONCISE SUMMARY: This adopted rule implements two recent legislative changes. The rate of reimbursement for personal care attendants is increased. Also two levels of member care are added to accommodate individuals formerly covered under the State funded Home Care program. Part of this rule was adopted as an emergency rule effective July 1, 2002.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of MaineCare Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER ANDTITLE: Ch. 101, MaineCare Benefits Manual: Ch. X, Section 1, Benefit for People Living with HlV/AIDS
ADOPTED RULE NUMBER: 2002-364
CONCISE SUMMARY: This rule implements new coverage for people living with HIV/AlDS. The benefit provides people living with HlV/AlDS an identified set of services. The Benefit follows a disease management model that aims to delay, prevent, or even reverse the progress of HlV/AlDS.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370 or 1 (800) 321-5557, Option 9
TDD/TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of
Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMEBER AND TITLE: Ch. 24, Licensed Guides
ADOPTED RULE NUMBER: 2002-365
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife had adopted regulations, upon the advice and consent of the Advisory Board for the Licensing of Guides, relating to the classification and testing of licensed guides. A procedure is established for guides to receive Master certification in any of the Specialized Classifications (hunting, fishing, recreational, sea-kayaking, and tidewater fishing). Guides licensed currently in the Master Classification are grandfathered and shall retain that certification under the new rule. These regulations also provide for the administration of the oral examination to guide applicants prior to written examination for specialized classifications.
EFFECTIVE DATE: September 29, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 01-015 - Maine Milk Commission

CHAPTER NUMBER AND TITLE: Ch. 13, Retail Cost Studies
ADOPTED RULE NUMBER: 2002-369
CONCISE SUMMARY: This chapter prescribes procedures for the gathering of information necessary to establish minimum retail margins.

CHAPTER NUMBER AND TITLE: Ch. 27, Retail Margins
ADOPTED RULE NUMBER: 2002-370
CONCISE SUMMARY: Retail Margins have been established for various container sizes. The new retail margins are as follows:

Gallon
Half Gallon
Quart
10 Quart
3 Quart
$0.1967
$0.1107
$0.0929
$0.3520
$0.2250
EFFECTIVE DATE: October 18, 2002
AGENCYCONTACT 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 Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Annual Increase in Income Limits and Maximum Allotments, Standard Deduction, Excess Shelter Deduction, Asset Limits, Legal Immigrants, Court Ordered Child Support Payments, FSUA and Proration of the FSUA
ADOPTED RULE NUMBER: 2002-371
CONCISE SUMMARY: Effective October 1, 2002, there will be the following changes in the Food Stamp program: increases in income limits, maximum allotments, and the excess shelter deduction. The standard deduction will be increased for households with five or more members. The asset limit is increased from $2000 to $3000 for households with a member who is disabled according to the Food Stamp definition. Eligible aliens who are receiving disability payments or assistance will now be funded by the federal program. Court ordered child support payments will be excluded from the gross income test. Currently these payments are deducted at a later step in the budgeting process. Households that have heating/cooling costs will no longer be able to claim actual costs for these utility expenses. By mandating the full utility standard of $401 a month, households that share these costs will each receive the full standard. Currently this standard is prorated among the households sharing the expense. Households that live in public housing which has central utility meters and are charged only for excess utility costs will be allowed the full utility standard. This rule also clarifies some existing policy.
EFFECTIVE DATE: October 1, 2002
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


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