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October 15, 1997
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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 97-P209
CONCISE SUMMARY: Chapter 252: The proposed rule change modifies several provisions of the Seed Certification program to allow for the use of laboratory testing of potato diseases in place of or to supplement visual detection. It eliminates outdated sections of the current rules due to changes in Maine's seed industry. It establishes a protocol for laboratory testing for the Bacterial Ring Rot pathogen, and changes the regulatory actions which must be followed 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 before such seed can be sold in Maine. It mandates laboratory testing for Potato Virus Y in Russet Norkotah samples in the Florida test. It raises fees for entry into the Certification Program from $13 to $17 per acre and increases the overtime surcharge from 2 cents per hundredweight certified to $20 per hour.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, 2101-2105
PUBLIC HEARING: November 6, 1997, 1:30 p.m., Keddy's Motor Inn, Room North One, Houlton Road, Presque Isle, Maine.
DEADLINE FOR COMMENTS: November 17,1997
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station Augusta, Maine 04333
TELEPHONE: 207-287-3891


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 101, Maine Medical Assistance Manual - Chapter II, Section 55, Laboratory Services
ADOPTED RULE NUMBER: 97-340
CONCISE SUMMARY: This proposed rule change clarifies the Maine Medical Assistance Manual, Chapter II, Section 55, "Laboratory Services," dealing with covered services. The change in the rule revises Medicaid policy for the bundling or grouping of laboratory frequently done as a group (profile) on automated equipment. Certain groups or panels of tests are done under codes specified in the Physicians' Current Procedural Terminology (CPT) Manual. Providers are directed to not "unbundle" and bill separately for tests included as part of a group or panel that pays at a lower rate. Also, policies on referrals to physician-owned laboratories are clarified.
EFFECTIVE DATE: October 10, 1997
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services, Division of Licensing and Certification
CHAPTER NUMBER AND TITLE: Regulations Governing the Licensing and Functioning of Adult Day Services Programs
ADOPTED RULE NUMBER: 97-342
CONCISE SUMMARY: These Emergency Rules replace the Bureau of Elder & Adult Services Policy Manual Requirements for Adult Day Care Programs (Section 61). The Emergency Rules will address definitions and will establish minimum standards for the operation and licensing of Adult Day Services Programs and such requirements lhat the provider must meet regarding application fee and inspection procedures. Concurrent with these Emergency Rules is the submission of these rules through the regular proposed rulemaking process. Providers and the public will have opportunities to comment on these rules through this proposed rulemaking process.
EFFECTIVE DATE: October 15, 1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY NUMBER: (207) 624-5512

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 101, Maine Medical Assistance Manual; Chapter III, Section 24: Day Habilitation Services for Persons with Mental Retardation
ADOPTED RULE NUMBER: 97-343
CONCISE SUMMARY: The final rule replaces the multiple servicing provider coding system with a single procedure code for all billing providers. On or after October 15, 1997, providers who bill Medicaid for persons residing in an ICF/MR and who receive covered services under Section 24, will bill the new code for any servicing provider of day habilitation services.
EFFECTIVE DATE: October 15, 1997
AGENCY CONTACT PERSON: Maurice Gagnon, Comprehensive Health Planner
AGENCY NAME: Policy Development
ADDRESS: Bureau of Medical Services, 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
TTY: (207) 287-3799

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332, Medicaid Eligibility Manual - Community Spouse Minimum Income Standard and Shelter Allowance
ADOPTED RULE NUMBER: 97-344
CONCISE SUMMARY: This rule applies to those in a nursing home who are covered by Medicaid and who have a spouse living at home. The person in the nursing home can give some of their income to their spouse at home. This amount is disregarded when determining how much the person must pay toward the cost of their nursing home care. The amount given to the spouse at home is based on a formula. The amounts used in the formula are increasing. The minimum monthly income standard will be $1327 and the shelter allowance will be $398.
EFFECTIVE DATE: October 13, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whiften Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948

AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Chapter 8, Rules for Ignition Interlock Devices
ADOPTED RULE NUMBER: 97-345
CONCISE SUMMARY: These rules set out the procedures for the testing, approval and installation of ignition interlock devices for motor vehicles. The rules also set out the conditions for the early restoration of driver's licenses of repeat OUI offenders following installation of ignition interlock devices.
EFFECTIVE DATE: October 13, 1997
AGENCY CONTACT PERSON: Susan Cookson
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4687

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Office of Primary Health Care
CHAPTER NUMBER AND TITLE: J-1 Visa Waiver Review and Recommendation Process for the State of Maine
ADOPTED RULE NUMBER: 97-346
CONCISE SUMMARY: With this rule, the Department can issue up to twenty waivers per year for the return to home requirement for foreign medicaI physicians who wish to practice in Maine's federaIly designated heaIth professional shortage areas and/or medically underserved areas.
EFFECTIVE DATE: October 13, 1997
AGENCY CONTACT PERSON: Sophie E. Glidden
AGENCY NAME: DHS, Office of Primary Health Care
ADDRESS: #11 SHS, 35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: (207)624-5424


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