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December 31, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapters II and III, Section 104, School Based Rehabilitative Services
PROPOSED RULE NUMBER: 97-P130
CONCISE SUMMARY: This is to renotice the above rule in order to allow additional time for comments and to prevent the rule from lapsing. This rule allows school administrative unit providers the ability to bill for Medicaid School Based Rehabilitative Services and creates a monthly billing rate that combines the costs of all Medicaid allowable services under special education. The reason for the creation of this billing methodology is to simplify the process for all providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. The estimated increase in Federal expenditures will be approximately 15 million dollars per fiscal year.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing. A public hearing was held previously on August 14, 1997 with a comment deadline of September 12, 1997. There have been no changes to the rule at this time. All written comments previously submitted will be considered timely for purposes of this notice.
DEADLINE FOR COMMENTS: March 17,1998. Please submit comments to the address below.
AGENCY CONTACT PERSON: Gregory Nadeau, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, #1 I State House Station, Augusta, Maine 04333
TELEPHONE: (207)624-5521
TTY (207)287-3799

AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations, Lease Categories and Environmental Baseline
PROPOSED RULE NUMBER: 97-P277
CONCISE SUMMARY: This rule changes the categories of aquaculture leases to be consistent with the regulations of other permitting agencies and to make it clearer to the applicant the types of information and permits that will be required. Instead of categorizing leases according to the species grown, lease applications will be categorized according the expected environmental and navigational impacts, primarily whether structures or discharges are involved in the lease activity. As such, there are four categories: structure, discharge (e.g., salmon pens); structure, no discharge (e.g., floating trays for oysters); no structure, discharge (e.g., the feeding of urchins on the bottom); and no structures, no discharge (mussels grown on the bottom). The baseline to monitor the environmental effects of a lease activity are now based on these new categories and ensure that the levels of assessment are appropriate to the anticipated environmental risk of the lease activity. Minor changes have also been made to correct typographic errors and grammar.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6072
PUBLIC HEARING: Tuesday, January 20, 1998, 5:00 p.m., Department of Marine Resources, Conference Room, West Boothbay Harbor, Maine

RULE TITLE OR SUBJECT: Ch. (New), Experimental and Emergency Aquaculture Lease Rules
PROPOSED RULE NUMBER: 97-P278
CONCISE SUMMARY: This rule establishes the procedures and criteria for experimental and emergency aquaculture leases pursuant to 12 M.R.S.A. 6072, 6072-A and 6072-B. The rule establishes a streamlined process for applying for both experimental and emergency leases and the criteria for the Department to use when considering an application for such a lease. The rule defines the responsibilities of the applicant once the lease has been issued as well as procedures for revoking a lease. The rule also establishes a process for amending an aquaculture lease to include new species and clarifies the number of people that are required to request a public hearing for lease renewals. Minor changes have also been made to correct typographic errors and grammar.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6072, 6072-A and 6072-B
PUBLIC HEARING: Tuesday, January 20, 1998, 3:00 p.m., Department of Marine Resources, Conference Room, West Boothbay Harbor, Maine
DEADLINE FOR COMMENTS: Thursday, January 30,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapters II & III, Section 65, Mental Health Services
PROPOSED RULE NUMBER: 97-P285
CONCISE SUMMARY: This proposed rule will allow children to continue to access needed services through Home Health Agencies as stipulated in the emergency rule currently in effect. Clinic Day Treatment Services are deleted from this Section and have been included under Section 41, Day Treatment Services of Maine Medical Assistance Manual. Psychological Services under Subsection 65.06 have been further defined. Subsection 65.08-4, Medical Records, permits QA documentation to be kept in a separate and distinct file parallel to the clinical record. Chapter III reflects related fee and code changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: January 22, 1998 at 1:00 p.m., Medicaid Policy Development, 2nd Floor Conference Rm., 35 Anthony Avenue, Augusta, Maine. 04333
DEADLINE FOR COMMENTS: February 1, 1998
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5517 TTY: 207-287-3799


AGENCY: 10-144 - Department of Human Services
RULE TITLE OR SUBJECT:
Ch. 507, Rules for Implementing the 1985 Amendment to the Maine Medical Compact Act - Vision Care.
Ch. 509, Rules for Designating Hospitals as Underserved by Emergency Room Physicians.
Ch. 511, Designating Areas as Underserved by Psychiatrists.
PROPOSED RULE NUMBER: 97-P286
CONCISE SUMMARY: This rule change repeals the above Chapters and replaces them with a single rule to address all specialty's physicians applying to serve underserved areas/populations in exchange for state loan forgiveness. Previously, a new rule was required for every specialty request which has been a barrier to loan forgiveness implementation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA Chapter 421, "Postgraduate Education in the Field of Medicine," and 20 MRSA Chapter 421. Title 20-A MRSA Chapter 423, "Loans for Candidates for Practices of Osteopathic Medicine".
PUBLIC HEARING: On request only.
DEADLINE FOR COMMENTS: February 1, 1998
AGENCY CONTACT PERSON: Helen Zidowecki
AGENCY NAME: Office of Health Data & Program Management, DHS
ADDRESS: #11 SHS, 35 Anthony Ave., Augusta, ME 04333-0011
TELEPHONE: 207-624-5424
FAX 207-624-5431
TTY 207-624-5512


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #301, Food Stamp Manual
PROPOSED RULE NUMBER: 97-P287
CONCISE SUMMARY:
* Additional legal immigrant statuses have been added for potential Food Stamp eligibility.
* Clarification has been added to the noncompliance with other public assistance program requirement rules.
* One of the costs allowed under the medical deduction for obtaining medical treatment has been corrected.
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: January 30, 1998
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager, Department of Human Service, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948


AGENCY: 09-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Reopening of Comment Period for Consideration of Significant Changes: Emission Limitations And Emission Testing Of Resource Recovery Facilities & Maine's 111(D)/129 MWC State Plan for Large Facilities
PROPOSED RULE NUMBER: 97-P288
CONCISE SUMMARY: The Clean Air Act Amendments direct the Environmental Protection Agency (EPA) to set standards requiring companies to reduce emissions of toxic air pollutants. Currently there are three (3) Maine facilities subject to this standard. To incorporate the new federal requirements, the Bureau of Air Quality is proposing to adopt a 111(d)/129 MWC STATE PLAN for Large Facilities that delineates the state's authority to adopt such standards. The Department is also proposing to repeal and replace Ch. 121, Emissions Limitations and Emissions Testing of Resource Recovery Facilities. This amended proposed rule making action addresses new emission limitations for large facilities. After proposing this rule and receiving public comment, the Department is now re-proposing a more stringent standard for mercury. In the public hearing process, the Department flagged the level of stringency and scope of the rule as items it wished to receive comment on. The more stringent standard is achievable with state-of-the-art technology in today's market. At the same time, the Department of Environmental Protection and the Land and Water Resource Council are working pursuant to a legislative resolve to identify and reduce mercury sources affecting Maine's environment. The Department is developing inventories of mercury sources within the state and region; both the state and regional inventory identify the combined impact of Maine's three large waste-to-energy facilities as the largest category of mercury air emission sources. Though current scientific data on mercury deposition is limited, it behooves the state to address known sources which can be reduced with available technology.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A & B (Federal Clean Air Act, Section 111/129)
PUBLIC COMMENT PERIOD: December 31, 1997 - January 30, 1998,
DEADLINE FOR COMMENTS: January 30,1998, 5:00 p.m.
AGENCY CONTACT PERSON: Deb Avalone-King
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333--0017
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641


ADOPTIONS

AGENCY: 02-395 - Department of Professional and Financial Regulation, Plumbers' Examining Board
CHAPTER NUMBER(S) AND TITLE: All agency rules.
ADOPTED RULE NUMBER: 97-420
CONCISE SUMMARY: In compliance with Executive Order 6 FY 94/95, all rules for this agency are being formally adopted in electronic text (machine readable) form.
EFFECTIVE DATE: December 20, 1997
AGENCY CONTACT PERSON: Karen Bossie; or Cheryl Hersom, Board Administrator
AGENCY NAME: Department of Professional and Financial Regulation
ADDRESS: Plumbers' Examining Board, 35 State House Station, Augusta, ME 04333
TELEPHONE: 207/624-8603


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles

CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Semipermanent Semitrailer Registration Program
ADOPTED RULE NUMBER: 97-424
CONCISE SUMMARY: This updated rule will combine all the long term trailer rules into one document and also allow for some uniform procedures. There is also a new section on consignment plates.

CHAPTER NUMBER AND TITLE: Ch. 161, Rules Governing the Administration of Long Term Semitrailer Registration.
ADOPTED RULE NUMBER: 97-425
CONCISE SUMMARY: This rule is being repealed and some of its contents will be included into the amended Rule Chapter 159 adopted at the same time.

EFFECTIVE DATE: December 22, 1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: (207)287-8633


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Chapters II & III, Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 97-426
CONCISE SUMMARY: The proposed rule adds coverage of Certified Occupational Therapist Assistants (COTAs), supplies necessary for the provision of occupational therapy services, and clarifies service limits. The coverage of COTAs is effective with services provided on or after April 1, 1997.
EFFECTIVE DATE: December 22, 1997
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: #I 1 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 280, Provisions of Competitive Telecommunications Services
ADOPTED RULE NUMBER: 97-427
CONCISE SUMMARY: This revision is to achieve intrastate access rate levels in Maine that are comparable to interstate levels by May 30, 1999.
EFFECTIVE DATE: December 24, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual (MMAM): Chapter III, Section 90, Allowances For Physician Services
ADOPTED RULE NUMBER: 97-428
CONCISE SUMMARY: The final rule repeals the current MMAM Chapter III, Section 90 and replaces it with a new streamlined version without listing all individual codes and associated fee schedules. Also, this rule provides for incentive awards for physician services. Concurrent with this rulemaking, the Department is reviewing the current fees for Physician Services. An increase will be implemented utilizing the Resource Based Relative Value Scale (RBRVS), which have been analyzed by The Muskie Institute of the University of Southern Maine.

CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Chapter III, Section 25, Allowances For Dental Services
ADOPTED RULE NUMBER: 97-429
CONCISE SUMMARY: The final rule increases Medicaid fee for service reimbursement rates for majority of covered dental procedures, it is believed that these rates will put Medicaid reimbursement at or above the average statewide costs of providing these dental services to Maine Medicaid recipients.

EFFECTIVE DATE: December 24, 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: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 97-430
CONCISE SUMMARY: The refiling of this rule is made necessary because of the inadvertent inclusion of a three word phrase in (D) of the single-page Section 68 which has no relevance to the section. Section 68 (D) deals with consumer payments for respite care for people with Alzheimer's or related disorders and requirements for granting a waiver of those payments.
EFFECTIVE DATE: December 24, 1997
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TTY: 1-888-720-1925


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