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Weekly Rulemaking Notices Contact Us Find It

November 5, 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: 10-148 - Department of Human Services, Bureau of Child & Family Services
RULE TITLE OR SUBJECT:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children
Ch. 15, Rules Providing for the Licensing of Specialized Children's Foster Homes"
PROPOSED RULE NUMBER: 2003-P260
CONCISE SUMMARY: This proposed amendment to the rules will protect foster children from the exposure to second hand smoke by prohibiting smoking in a licensed family foster home for children and in a licensed specialized children's foster home when a foster child is in placement. It will also prohibit smoking in a foster parents' motor vehicle when a child is in placement. This amendment is major substantive rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8102
PUBLIC HEARINGS:
11/24/03, 4:00-6:00 p.m., Portland DHS, 161 Marginal Way, Portland, ME
11/25/03, 4:00 - 6:00 p.m., Bangor DHS, 396 Griffin Road, Bangor, ME
DEADLINE FOR COMMENTS: 12/8/03
AGENCY CONTACT PERSON: Martha Proulx
AGENCY NAME: Bureau of Child & Family Services
ADDRESS: 221 State Street, State House Station #11, Augusta, ME 04333
TELEPHONE: (207) 287-5060
TDD TELEPHONE: (207) 287-5048


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #11-03
ADOPTED RULE NUMBER: 2003-380
CONCISE SUMMARY: Minimum November, 2003 Class I price is $17.62 plus $0.80/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $19.52. Class II minimums set at $10.91 for September, 2003, which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: November 1, 2003
AGENCY CONTACT 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 Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services.
ADOPTED RULE NUMBER: 2003-381
CONCISE SUMMARY: This final rule reorganizes and completely replaces the previous Ch. III Section 45 of the MaineCare Benefits Manual. It restructures reimbursement policy for most hospitals. The language for acute care non-critical access hospital inpatient services has not been adopted. The Department is promulgating an emergency rule to coincide with this final rule for purposes of clarification and refinement of the discharge reimbursement. Outpatient services will be paid based on a percentage of the lesser of costs or charges. Distinct psychiatric units will be paid a separate price. Reimbursement for non-state owned psychiatric hospitals is based on a percentage of charges. Reimbursement for critical access hospitals and state owned psychiatric hospitals remains unchanged. Disproportionate share hospital eligibility requirements have been broadened to include public acute care hospitals. Requirements for reimbursement for out-of-state hospitals are clarified.
A copy of the rule, interested parties letter and Maine Administrative Procedure Act (MAPA-4) form are available at the following website http://www.maine.gov/bms/rulemaking
EFFECTIVE DATE: October 30, 2003
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner II
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, (800) 321-5557 option 9
TTY: (207) 287-3094 or (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2003-382
CONCISE SUMMARY: These adopted rules eliminate return on equity provisions for both nonprofit and for-profit private non-medical institutions in facilities covered under Appendix C, as legislatively mandated under PL, 2003, Ch. 20.
The rules clarify that bed-hold days for the room and board portion are only reimbursed at 75% of the usual rate. The rules also update the upper gross limits on routine costs per day, to reflect changes in the program allowance for the PNMI portion of the facility's reimbursement. The rules also clarify the informal review process for prior approval of capital expenditures.
EFFECTIVE DATE: November 1, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 15-215 - Department of Defense, Veterans and Emergency Management, Maine Veterans' Services
CHAPTER NUMBER AND TITLE: Ch. 1, Veterans' Financial Assistance
ADOPTED RULE NUMBER: 2003-383
CONCISE SUMMARY: Rescinding Ch. 1 as authorized by PL 404 sec. 16 because the statutory basis for Ch. 1 was repealed by the legislature.
PL 404 sec. 16 states: "The rules adopted by the Maine Veterans' Services entitled "Ch. 1: Veterans' Financial Assistance" may be rescinded without public comment or further approval of the legislature."
EFFECTIVE DATE: November 3, 2003
AGENCY CONTACT PERSON:
AGENCY NAME: Colonel Peter Golding
ADDRESS: Camp Keyes, Augusta, ME 04333
TELEPHONE: (207) 626-4328


AGENCY: 14-197 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 10, Certification Requirements for Agencies Seeking to Provide Community Based Targeted Case Management for Adults with Mental Retardation and Autism
ADOPTED RULE NUMBER: 2003-384
CONCISE SUMMARY: This rule promotes the health and general welfare of adults with mental retardation in Maine, by establishing reasonable minimum standards for agencies seeking to provide case management to those adults. This rule will permit agencies seeking to provide these services to have the opportunity to be certified at approximately the same time as the effective date of recent changes to Section 13, MaineCare Benefits Manual. The net effect of this is to expand privatized case management services at a much earlier date than would be otherwise possible. The health and general welfare of citizens eligible for this service will thus be advanced in the following ways: it will reduce caseloads of overburdened state case managers; it will reduce the waiting period for case management services; it will provide for the quicker implementation of needed services; it will provide choice for eligible consumers and their families; and it will assist in the state's compliance efforts in the Rancourt and Community Consent Decree federal class action cases.
EFFECTIVE DATE: November 29, 2003
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta ME 04333-0040
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 201, Appeal Procedures for Individuals Substantiated as Perpetrators of Abuse and Neglect of Children (Emergency)
ADOPTED RULE NUMBER: 2003-385
CONCISE SUMMARY: These rules provide for a two stage review and appeal process including an administrative hearing for individuals found by the Department to have abused or neglected a child.
EFFECTIVE DATE: November 1, 2003
AGENCY CONTACT PERSON: Sandra S. Hodge, Division Director, Policy and Practice
AGENCY NAME: Department of Human Services, Bureau of Child and Family Services
ADDRESS: 221 State Street, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5060
TTY: (207) 287-5048
FAX: (207) 287-5282


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 4)
ADOPTED RULE NUMBER: 2003-386
CONCISE SUMMARY: The Amendment is necessary to incorporate changes to the program mandated by PL 2003 Ch. 195, to lower the matching funds requirement for smaller loans. Other minor changes were made to clarify the maximum fees that an applicant can assess to the borrower, how they can be assessed, and what those fees can be used for.

CHAPTER NUMBER AND TITLE: Ch. 608, Tuition Waiver Program (Amendment 3)
ADOPTED RULE NUMBER: 2003-387
CONCISE SUMMARY: This amendment increases the number of annual waivers that can be granted to 30, and specifies how certain of the waivers must be allocated among state postsecondary educational institutions, in accordance with PL 203, Ch. 187.

EFFECTIVE DATE: November 4, 2003
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2004
ADOPTED RULE NUMBER: 2003-388
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 2004.
EFFECTIVE DATE: November 4, 2003
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


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