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Weekly Rulemaking Notices Contact Us Find It

December 31, 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/.


NOTICE OF AGENCY HEARING

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
The Department is proposing a wide range of reimbursement adjustments, service limitations, utilization review and member cost sharing for MaineCare and the Drugs for the Elderly and Disabled programs. This hearing is an opportunity for the public to provide comment on these proposals as well as alternative proposals to achieve comparable state savings, prior to the Department's proposal of emergency rules.
See http://www.maine.gov/bms/rulemaking/ for details and hearing agenda.
THESE PROPOSALS WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING:
Date: January 8, 2003
Time: 9:00 a.m.
Location: 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 5, 2003.
DEADLINE FOR COMMENTS: January 12, 2004
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-2674
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


PROPOSALS

AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2003-P302
CONCISE SUMMARY: The proposed rule adjusts fees for 5 of the 40 licensing boards and regulatory functions administered by the Office of Licensing and Registration ("OLR"). The affected programs are:
Board of Counseling Professionals Licensure
Board of Licensing of Dietetic Practice
Radiologic Technology Board of Examiners
Board of Respiratory Care Practitioners
State Board of Social Worker Licensure
For the Board of Counseling Professionals Licensure, the proposed rule amendment increases fees for 5 of 6 license categories and increases the application fee. For the Board of Licensing of Dietetic Practice, the amendment decreases fees for all license categories. For the Radiologic Technology Board of Examiners, the amendment decreases fees for 3 of 4 license categories and decreases the application fee. The amendment increases therapist and technician license fees for the Board of Respiratory Care Practitioners and increases the application fee. For the State Board of Social Worker Licensure, the amendment increases fees for all license categories and increases the application fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(D) and (E)
PUBLIC HEARING: January 22, 2004, 2:00 p.m. Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: February 2, 2004
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 40, Home Health Services
PROPOSED RULE NUMBER: 2003-P303
CONCISE SUMMARY: In order to reduce the state budget deficit, this rule proposes to reduce reimbursement rates for each procedure code in Ch. III Section 40, Home Health Services, by two (2) percent.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: January 20, 2004
Time: 1 p.m.
Location: Conference Room 1-A, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 10, 2004
DEADLINE FOR COMMENTS: January 30, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: (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. I, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2003-P304
CONCISE SUMMARY: The proposed rule makes numerous structural and administrative changes throughout the Manual. Changes are included in sections dealing with: statutory authority; provider participation requirements; member eligibility; covered services definitions; payment responsibilities of providers; reimbursement guidelines; copay exemptions; submission of claims; payment process; claim adjustments; surveillance and record requirements; prior authorization; provider and member appeals; and updating of procedure codes in appendix #2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173; P.L. 2003 Ch. 20.
PUBLIC HEARING: January 22, 2004 at 1:30 p.m. in Conference Room # 1, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 9, 2004.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: February 2, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 94-434 - Maine Educational Loan Authority (MELA)

CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules
ADOPTED RULE NUMBER: 2003-475
CONCISE SUMMARY: This rule-making amends existing Program Rules to make revisions to the credit underwriting criteria and loan approval process, minimum loan amounts, finance charges, and repayment terms of MELA's The Maine Loan(R) and The Maine Medical Loan(sm) supplemental education loans.

CHAPTER NUMBER AND TITLE: Ch. 2, Bylaws Governing the Administration of the Maine Educational Loan Authority
ADOPTED RULE NUMBER: 2003-476
CONCISE SUMMARY: This rule-making amends the Bylaws Governing the Administration of the Maine Educational Loan Authority (MELA) to include rules governing ad hoc or standing committees established by MELA for any appropriate purpose.

EFFECTIVE DATE: December 27, 2003
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3621


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Final Rule, Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2003-477
CONCISE SUMMARY: Changes in this final rule include: deleting the reference specifying that the facility may not exceed customary charges to the general public for the lowest semi-private room in the facility; deleting the return on equity capital for proprietary providers as an allowable fixed cost; and clarifying language as it relates to the amortization of the acquisition costs of the rights to a nursing facility license.
See http://www.maine.gov/bms/rulemaking/ for rule and related rulemaking documents.
EFFECTIVE DATE: January 1, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01-04
ADOPTED RULE NUMBER: 2003-478
CONCISE SUMMARY: Minimum January, 2004 Class I price is $15.10 plus $1.16/cwt. for Producer Margins and an over order premium of $1.10/cwt. as being prevailing in southern New England for a total of $17.56. Class II minimums set at $11.14 for November, 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: January 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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