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Weekly Rulemaking Notices Contact Us Find It

May 19, 2004
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: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 12, Rules Governing the Sale of Records and Databases Related to Driver History, Driver Licenses and Motor Vehicles
PROPOSED RULE NUMBER: 2004-P114
CONCISE SUMMARY: These rules outline the process by which requests for motor vehicle records must be made and the fees charged for records and databases.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 251 and 252
PUBLIC HEARING: Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine 04333, 2nd floor Executive Conference Room, June 10, 2004 9:00 a.m. to 11:00 a.m.
DEADLINE FOR COMMENTS: June 21, 2004
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2004-P115
CONCISE SUMMARY: These proposed rules revise and update rules for adult family care services. Members residing in adult family care homes will be assessed for level of need for assistance using the MDS-ALS assessment tool. The Department will utilize the assessment to establish reimbursement for services in adult family care homes based on a resource-adjusted price.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: June 9, 2004, 11:30 a.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 25, 2004.
DEADLINE FOR COMMENTS: June 19, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services, Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Standard Offer Service
SUMMARY: This rule establishes terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
PROPOSED RULE NUMBER: 2004-P116
CONCISE SUMMARY: The purpose of the amendments is to allow for Commission flexibility to implement its evolving approach to standard offer service for the medium and large non-residential customer classes and to otherwise make the rule consistent with Commission standard offer practice.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 1306, and 3212
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 21, 2004
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 18-364 - Maine State Liquor & Lottery Commission
RULE TITLE OR SUBJECT: Ch. (New), Powerball
PROPOSED RULE NUMBER: 2004-P117
CONCISE SUMMARY: To establish rules for the operation of a multi-jurisdictional lottery including any marketing and promotion of lottery games with other jurisdictions as authorized by P.L. 2003 Ch. 673 Part MM.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 374
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: June 21, 2004 at 5:00 p.m.
AGENCY CONTACT PERSON: Pain F. Coutts, Director
AGENCY NAME: Bureau of Alcoholic Beverages & Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Season for the Hunting and Trapping of Furbearing Animals
PROPOSED RULE NUMBER: 2004-P118
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes an amendment to the statewide hunting season for bobcat. The current season for bobcat begins December 1 and continues through January 31. This amendment proposes to end the season on February 14.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 18, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201
E-MAIL: Andrea.Erskine@maine.gov


ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 850, Health Plan Accountability - 2003 Amendments
ADOPTED RULE NUMBER: 2004-153
CONCISE SUMMARY: The proposed major substantive amendments to Subsections 7(C) and 7(H) of the Rule establish standards for the approval of financial incentives for members to use certain designated providers under a managed care plan filed pursuant to 24-A MRSA 4303(l)(A), including criteria to be used for the determination of better quality services of designated providers. These amendments are required by P.L. 2003, c. 469, E-20. The Bureau of Insurance contracted with the Muskie School of Public Service to assist in the formulation of criteria for determining quality of services of providers and the assessment of any detrimental impact to members. The proposed amendments are based on the findings and recommendations contained in the Muskie School's report entitled, "A Proposed Approach: Identifying Designated Providers Under Rule Chapter 850 Access Standards."
EFFECTIVE DATE: June 9, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
Phone: (207) 624-8460


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rule, Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2004-154
CONCISE SUMMARY: These adopted rules will allow the Department to negotiate with mail order pharmacies to reimburse for dispensed drugs at a substantially lower reimbursement rate than is available through retail pharmacies, enhancing access for members, who will not have co-payments when they voluntarily choose to receive their prescriptions through mail order in 90-day supplies.
See www.maine.gov/bms/index.htm (pulldown menu under "General") for rules and related rulemaking documents.
EFFECTIVE DATE: May 16, 2004
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: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 755, Health Insurance Classifications, Disclosure, and Minimum Standards
ADOPTED RULE NUMBER: 2004-155
CONCISE SUMMARY: The purpose of this rule is to implement 24-A MRSA Ch. 32-A to standardize and simplify the terms and coverages of individual health insurance policies, and group health insurance policies and certificates. This rule is also intended to: facilitate public understanding and comparison of coverage; eliminate provisions contained in individual and group health insurance policies that may be misleading or confusing in connection with either the purchase of the coverages or the settlement of claims; and provide for full disclosure in the marketing and sale of individual and group health insurance. This rule is also intended to clarify the meaning of limited benefits health insurance as referred to in 24-A MRSA chapters 33, 35 and 56-A.
EFFECTIVE DATE: June 11, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
Phone: (207) 624-8460


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