Weekly Rulemaking Notices Contact Us Find It

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/.

AGENCY: 18-554 - Department of Administrative and Financial Services, Bureau of General Services, Division of Purchases
RULE TITLE OR SUBJECT: Ch. 155, Defining an Equivalent Basis for Cost Comparison between State Employees and Private Contractor Provision of Services
PROPOSED RULE NUMBER: 2004-P197
CONCISE SUMMARY: The Department of
Administrative and Financial Services is required by statute (5 MRSA §1816-A, 2, I) to adopt rules which define an equivalent basis for the calculation of costs associated with state employee and private contractor provision of services. The application of the rule would result in choosing the means by which services are provided.
Each department or agency and bidder would complete a standard data set, an evaluation of which would guide the choice by which services are provided.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §1825-B, 11
PUBLIC HEARING): Monday, July 26, 2004, 1:00 p.m., Room 107, Cross Office Building, Augusta, Maine
DEADLINE FOR COMMENTS: Friday, August 6, 2004
AGENCY CONTACT PERSON: Betty M. Lamoreau, Director, Division of Purchases
AGENCY NAME: Bureau of General Services
ADDRESS: 9 State House Station, Augusta, ME 04333-0009
TELEPHONE: (207) 624-7331 (voice)
FAX: (207) 287-6578

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 26, Day Health Services
PROPOSED RULE NUMBER: 2004-P198
CONCISE SUMMARY: In order to reduce total expenditures and implement the requirements of PL 2003 ch. 673, this rule proposes to limit the number of hours of Day Health Services covered to 16 per week, except for certain members. New eligibility levels will allow certain members to receive up to 24 or 40 hours of covered service per week under this section.
The rule proposes the use of the Department's MED assessment form for members receiving services under Section 26. Furthermore, the rule proposes that in order for the reimbursement of services to continue uninterrupted beyond a member's approved classification period, a reassessment and prior authorization of services is required.
The rule proposes an appeals process so members have the right to appeal in writing or orally any decision made by the Department or provider to reduce, deny or terminate services received under Section 26.
Additionally, it is proposed that procedure codes S5101 and S5102 be eliminated in Ch. III Section 26. Providers will continue to be able to bill under Procedure Code S5100.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA §42, §3173; PL 2003 ch. 673
PUBLIC HEARING: July 28,2004 at 1:00 p.m. in conference room #lA, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 23, 2004.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: August 9, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy and Provider Services, Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 28, Home-Based Services for Children with Mental Retardation or Autism
PROPOSED RULE NUMBER: 2004-P199
CONCISE SUMMARY: These proposed rules create a new Section for Home-Based Services for Children with Mental Retardation or Autism, which were formerly provided under Section 24, Day Habilitation Services. Members under the age of 21 will now receive services under this Section of policy. Members aged 18 to 20 may receive services under Section 24, Day Habilitation Services, so long as the need for such services is addressed in the service plan and does not duplicate services provided under Section 28.
The proposed rules set service plan standards and define timeliness standards for provision of children's services. The Department will reimburse these services at an hourly rate. These rules also define and set provider requirements for licensing, accreditation, and certification for agencies and their staff. See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: July 28, 2004, 1:30 p.m.
Location: Department of Health and 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 July 21, 2004.
DEADLINE FOR COMMENTS: August 8, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: BMS, Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)

AGENCY: 12-152 - Department of Labor, Division of Vocational Rehabilitation

CHAPTER NUMBER AND TITLE: Ch. 1, Division of Vocational Rehabilitation Policy Manual
ADOPTED RULE NUMBER: 2004-246
CONCISE SUMMARY: This repeals specific sections of the Division of Vocational Rehabilitation Policy Manual rules, which govern the delivery of vocational rehabilitation services to assist individuals with disabilities to prepare for and obtain employment, and replaces them with new rules. Sections with revisions to the rules include: 1)Purpose and General Requirements of the Maine Division of Vocational Rehabilitation(DVR) Program; 3) Maine DVR Appeals Process; 4) Application and Eligibility; 7) Individual Plan for Employment; 9) Vocational Rehabilitation Services; and 10) Closure.

CHAPTER NUMBER AND TITLE: Ch. 12, Telecommunication Devices for People with Disabilities
ADOPTED RULE NUMBER: 2004-247
CONCISE SUMMARY: Ch. 12, Telecommunication Devices for People with Disabilities, will be repealed and replaced with rules to meet the requirements of the Federal Regulations and to make other programmatic changes to improve the effectiveness of the DVR program in assisting individuals with significant disabilities obtain, enter, and retain employment.

EFFECTIVE DATE: July 5, 2004
AGENCY CONTACT PERSON: Mel Gleason, Program Specialist
AGENCY NAME: Division of Vocational Rehabilitation
ADDRESS: 150 State House Station, Augusta, Maine 04333-0150
TELEPHONE: (207) 624-5951

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency rules: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2004-248
CONCISE SUMMARY: These emergency rules, which are mandated by the Maine State Legislature, reduce reimbursement for the facility-specific routine component of the room and board portion by twenty-five cents per day per member for those facilities covered under Ch. 115. This reduction will replace reduced reimbursement for bed-hold days in medical and remedial facilities under MaineCare Benefits Manual, Section 97, PNMI services. This reduction will begin on July 1, 2004 and these emergency rules will be in effect for 90 days. The Department will soon propose rules through the regular process that will allow for public comment.
EFFECTIVE DATE: July 1, 2004 - September 28, 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: 1 (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. 410, Filing - Microfiche
ADOPTED RULE NUMBER: 2004-249
CONCISE SUMMARY: The Bureau no longer uses microfiche technology.
EFFECTIVE DATE: July 5, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8460

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 137, Emission Statements, and Ch. 100, Definitions
ADOPTED RULE NUMBER: 2004-250 and 2004-251
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 137, Emission Statements, which establishes requirements for sources to report air emissions from their facilities. The amendments clarify the rule and require facilities to report ammonia, fine particulates and greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) in addition to pollutants already being reported. The amendments change the levels at which sources report hazardous air pollutants based on the toxicity of each pollutant. The rule also changes the reporting deadline to July 1 following the emission year. A de minimis reporting level was added. The following definitions have been added or amended in Ch. 100, Definitions: capture efficiency, facility, building, structure, or installation, North American Industry Class, Predictive Emission Monitoring Systems (PEMS), and Standard Industrial Classification (SIC) Code. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: July 6, 2004
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437

AGENCY: 10-144 - Department of Health and Human Services Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 201, Rules Relating to the Administration and Enforcement of Establishments Licensed by the Eating and Lodging Program
ADOPTED RULE NUMBER: 2004-252
CONCISE SUMMARY: These Rules endeavor to protect the public health of the people of Maine and its visitors by requiring people who operate establishments licensed by the Eating and Lodging Program to follow prescribed license application procedures, and be subject to certain compliance standards as stated in these rules. Examples of such establishments are: restaurants, motels, campgrounds, youth camps, recreational camps, B&Bs, mobile take out food stands, caterers, and tattoo parlors. By establishing this Chapter, the Department of Health and Human Services clarifies and sets forth consistently the administration and enforcement provisions of the rules currently administered by the Eating and Lodging Program in the Division of Health Engineering.
EFFECTIVE DATE August 1, 2004
AGENCY CONTACT PERSON: Rebecca Vigue
AGENCY NAME: Division of Health Engineering
ADDRESS: 11 State House Station, Augusta, ME 04330-0011
TELEPHONE: (207) 287-1978

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual; Ch. III Section 97, and Appendices B, C, D, E, and F, Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2004-253
CONCISE SUMMARY: The Maine State Legislature passed a 5% service tax, which includes MaineCare Private Non-Medical Institutions. This State-mandated service tax will be assessed beginning July 1, 2004. Unless the Department files emergency rules to allow the State-mandated service tax to be considered an allowable cost under the Principles of Reimbursement as of July 1, 2004, PNMI service providers will not be able to include these expenditures, resulting in significant financial burden to the PNMIs and likely resultant reduction of services to MaineCare members.
These emergency rules will amend the Principles of Reimbursement for Substance Abuse Treatment Facilities (App. B), Child Care Facilities (App. D), Community Residences for Persons with Mental Illness (App. E), and Non-Case Mixed Medical and Remedial Facilities (App. F) and Medical and Remedial Facilities (App. C) to make the tax an allowable MaineCare cost effective July 1, 2004. For Medical and Remedial service facilities (reimbursed under Appendix C), the Department will mitigate the impact of the State-mandated service tax via an increase in the inflation differential already permitted under current rules.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Acting Director
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362.
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)

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