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December 8, 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 Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2004-P326
CONCISE SUMMARY: By January 30, 2005, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA 8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 18, 2005
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
E-MAIL: don.wismer@maine.gov


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 19, Operation of Motor Vehicles on a Public Water Supply
PROPOSED RULE NUMBER: 2004-P327
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following regulation:
No motor vehicle, as defined in 29 MRSA (does not include snowmobiles and all-terrain vehicles) permitted on ice on the following water:
D. China Lake, Vassalboro and China, Kennebec County

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 22 MRSA 2649
PUBLIC HEARING: December 29th, 2004 @ Vassalboro Town Office, 682 Main Street, Vassalboro - 6:30 p.m.
DEADLINE FOR COMMENTS: January 10, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

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 45, Hospital Services
ADOPTED RULE NUMBER: 2004-551
CONCISE SUMMARY: This adopted rule modifies reimbursement by capping increases in prospective interim payments (PIP); allowing PIP adjustments to reflect substantial changes in claims payments; calculating the inpatient discharge rate for acute care non-critical access hospitals by 1) determining a cost per discharge based on MaineCare cost reports for the hospital's fiscal year ending between October 1, 1998 and September 30, 1999, 2) inflating this cost per discharge to State fiscal year 2004, and 3), adjusting this rate down by a factor between 1 and 1.5 percent; allowing the negotiated rate for private psychiatric hospitals to be between 85 and 100% of charges; and clarifying information related to swing bed reimbursement and disproportionate share payments. An annual adjustment of $250,000 for critical access hospitals, which had originally been proposed to be removed, will remain in the rule.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 4, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY NAME: Division of Policy and Provider Services, Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9367
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND RULE TITLE: Ch. 332, MaineCare Eligibility Manual - Section 4220 and Section 4130 Appendix 4-2: Consent Decision Community Spouse Mininum Standard and Shelter Allowance
ADOPTED RULE NUMBER: 2004-552
CONCISE SUMMARY: For Nursing Facility Residents: The mininum amount of income that can be sent to the community spouse and the shelter allowance are increasing.
EFFECTIVE DATE: December 6, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011 TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE:
Ch. 257, Schedule of Charges of the Diagnostic Laboratory of the Department of Human Services
Ch. 265, Maine Drug Testing Laboratory Rules
Ch. 269, Rules Governing Self-Contained Breath Alcohol Testing Equipment
ADOPTED RULE NUMBER: 2004-553 (Ch. 269), 554 (Ch. 265), 555 (Ch. 257)
CONCISE SUMMARY: The three rules pertain to the State Public Health and Environmental Testing Laboratory (HETL). The Ch. 257 amendment formally ratifies the fee increase for environmental testing that went into effect as a result of Emergency Rulemaking in June, 2004. No new fees are included; however additional language is added that would allow the HETL to add, on a temporary basis, until the next rulemaking, new technologies and necessary public health analytical tests and to increase fees for testing when supported by expenses for such tests. The Ch. 265 amendment removes a redundancy between Ch. 265 and 257 on the fee for licensure of drug testing laboratories. The Ch. 269 amendment proposes procedural changes in the use of self-contained breath alcohol testing equipment. This brings the State of Maine OUI test protocol into compliance with National Safety Council Recommendations and eliminates the need for the previously established weekly simulator calibration checks. The proposed rule adoption followed APA requirements, including newspaper notification, letters were sent to trade and industry groups, and Public Hearing and comment period. There have been no comments received from the public. The final rules are, posted at the HETL website: http://www.maine.gov/dhs/etl
EFFECTIVE DATE: December 6, 2004
AGENCY CONTACT PERSON: John A. Krueger, Chief
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, Station #12, Augusta, Maine 04333
TELEPHONE: (207) 287-2727
TTY: (207) 287-4479


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual - Increase in Income Limits, Maximum Allotments, and Deductions
ADOPTED RULE NUMBER: 2004-556
CONCISE SUMMARY: Effective October 1, 2004, there will be the following changes in the Food Stamp Program: Increases in income limits and maximum allotments, increase in the excess shelter deduction and an increase in the standard deduction for households with five or more members. Most households will experience an increase in benefits. Implementing the Federal requirments before October 1, 2004 will ensure that food assistance necessary for public health and welfare is maintained.
EFFECTIVE DATE: October 1, 2004
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-148 - Department of Health & Human Services, Bureau of Child & Family Services
CHAPTER NUMBER AND TITLE: Ch. 202, Child Protective Central Case Record Research Fee
ADOPTED RULE NUMBER: 2004-557
CONCISE SUMMARY: These rules are being established for the Department to set fees for researching the Child Protective Central Case Records to determine whether or not the person has been substantiated as an abuser of a child.
EFFECTIVE DATE: December 7, 2004
AGENCY CONTACT PERSON:
AGENCY NAME: Robert Pronovost
ADDRESS: 221 State Street, Augusta, ME 04333
TELEPHONE: (207) 626-8642


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensing of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2004-558
CONCISE SUMMARY: The final regulatory changes to the Regulations for the Licensing of General and Specialty Hospitals in the State of Maine are as follows:
* Ch. XXIII.F., changes the names of the Maine Department of Mental Health and Mental Retardation and the Department of Human Services to the Department of Health and Human Service, and establishes responsibility with the Department of Health and Human Services for the enforcement of the Rights of Recipients of Mental Health Services and the Rights of Recipients of Services Who Are Children in Need of Treatment for all inpatient grievances and complaints filed against any hospital with a psychiatric unit, and makes the Commissioner responsible for the issuance of final decisions for grievances and complaints appealed to the Department level.
* Ch. XXV.A.2.d., changes the names of the Maine Department of Mental Health and Mental Retardation and the Department of Human Services to the Department of Health and Human Services, and establishes responsibility with the Department of Health and Human Services for the enforcement of the Rights of Recipients of Mental Health Services and the Rights of Recipients of Services Who Are Children in Need of Treatment for all inpatient grievances and complaints filed against any psychiatric hospital and makes the Commissioner responsible for the issuance of final decisions for grievances and complaints appealed to the Department level.
* Ch. XXVII.A. changes the number of acute care beds allowable for a Critical Access Hospital from fifteen (15) to twenty-five (25) beds. In addition to the twenty-five (25) bed limit for acute hospital-level inpatient care, a hospital may have a distinct part with ten (10) or fewer psychiatric inpatient beds, or ten (10) or fewer inpatient rehabilitation beds, or both.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 7, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY (207) 287-2312 (Deaf/Hard of Hearing)
FAX (207) 287-9304


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