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November 2, 2005
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/rules/.


PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services
RULE TITLE OR SUBJECT: Ch. 2, Community Services Block Grant Program
PROPOSED RULE NUMBER: 2005-P275
CONCISE SUMMARY: This amendment allocates block grant funds to designated community action agencies. The effect is to pass through the amount of community block grant funds evenly — fifty percent equally to all designated agencies and fifty percent divided among agencies based on their percentage of low-income households served.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §5329
PUBLIC HEARING: None; will schedule if five or more interested persons request.
DEADLINE FOR COMMENTS: December 5, 2005.
AGENCY CONTACT PERSON: Geoffrey Green, Deputy Commissioner
AGENCY NAME: Department of Health and Human Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4290


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #12-05
PROPOSED RULE NUMBER: 2005-P276
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: November 18, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 18, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity, Sections 1(1), (2), & (3), and Sections 2(4) & (5)
PROPOSED RULE NUMBER: 2005-P277
CONCISE SUMMARY: In response to public comments, the Board amended the proposed rule to clarify that the frequency of cases involving the payment of benefits under §213 or §213 is greater than the national average based on frequency data from the 2003 and 2004 NCCI Annual Statistical Bulletin and that there is no extension as of January 1, 2004 and no extension on January 1, 2005.
Pursuant to 5 MRSA §8052(5)(B), the Board is soliciting additional comments.
This rule publishes the permanent impairment threshold effective January 1, 2002. Pursuant to P.L. 2001, Ch. 712, §4: ''The adoption of the threshold pursuant to this section is not subject to the Maine Revised Statutes, Title 5, chapter 375 and is not subject to appeal." However, considerable confusion has arisen because the threshold is not published in the Board's rules. This amendment, therefore, includes the 2002 threshold.
It also proposes to establish the permanent impairment threshold effective January 1, 2004 as 13.4%.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §152(2) & §213
PUBLIC HEARING: There will be no public hearing.
DEADLINE FOR COMMENTS: Wednesday, December 2, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 94-073 - Maine State Museum
RULE TITLE OR SUBJECT: Ch. 505, Collections
PROPOSED RULE NUMBER: 2005-P278
CONCISE SUMMARY: These rules amend existing Maine State Museum rules, Ch. 505. The amended rules define the Maine State Museum’s procedures for acceptance, use, and deaccession of museum collections. The rules designate the museum director as the final authority for acceptance of all donations, incoming loans, bequests, exchanges, transfers, or purchases for the collections of the museum. The rules establish a Collections Committee to advise the museum director on acceptance of collections into the museum. Finally, the rules define deaccession and identify the Maine State Museum Commission as the approving authority for deaccession of museum collections.
RULE TITLE OR SUBJECT: Ch. 531, Maine State Museum Store
PROPOSED RULE NUMBER: 2005-P279
CONCISE SUMMARY: These rules repeal and replace Maine State Museum rules Ch. 531. The new rules establish and up-date procedures for the operation of the museum sales program by the Maine State Museum Store. The new rules define the types of merchandise carried by the store and establish responsibility for the store and the operation of the museum sales program.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 27 MRSA §85-A, Sub-§3
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 2, 2005
AGENCY CONTACT PERSON: Joseph R. Phillips
AGENCY NAME: Maine State Museum
ADDRESS: 83 State House Station, Augusta, Maine 04333-0083
TELEPHONE: (207) 287-2301


AGENCY: 10-149 - Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual Rule
TITLE OR SUBJECT: Section 10, The State Agency
PROPOSED RULE NUMBER: 2005-P280
CONCISE SUMMARY: The Office of Elder Services proposes to amend Section 10, The State Agency, as follows:
* Change agency name as required by law, P.L. 2005, ch. 412.
* Correct and update authorizing legislative citations.
* Delete reference to Congregate Housing Services Program (now known as Independent Housing with Services Program) pursuant to P.L. 2005, ch. 457, Part HH-2, which requires consolidation of the Homemaker and Independent Housing with Services programs in order to save $100,000.
* As required by the federal Administration on Aging, for agreements beginning 7/1/06, amend the intrastate funding formula to update it, better reflect the growing percentage of people aged 75 and older in Maine's population and add consideration for the rural nature of certain areas (rurality) in Maine in order to allocate service funds granted to Maine by the Administration on Aging as fairly and accurately as possible among the state's five area agencies on aging.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Older Americans Act of 1965, 42 USCS §300l et seq. as amended; 45 CFR Part 1321; 22 MRSA ch. 1451, 1453, 1455, 1457; P.L. 2005, ch. 412 and P.L. 2005, ch. 457, Part HH-2
PUBLIC HEARING: Monday, Nov. 21, 2005, 10:00 a.m., Office of Elder Services, 442 Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 12/1/05.
AGENCY CONTACT PERSON: Bonnie Childs
AGENCY NAME: Office of Elder Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: bonnie.childs@maine.gov


ADOPTIONS

AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Licensing
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing Licensing and Functioning of Assisted Housing Programs
ADOPTED RULE NUMBER: 2005-439 through 443
CONCISE SUMMARY: Modification of Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs. Pursuant to 5 MRSA §20005(6), 22 MRSA §7853, 22 MRSA §8102(1), and 34-B MRSA §1203-A, the Department of Health and Human Services is promulgating proposed rules for assisted housing programs.
These rules cover:
Level I facilities that are 1 or 2 beds.
Level II facilities that are 3-6 beds.
Level III facilities that are 3-6 beds and employ more than 3 non related employees.
Level IV facilities that are 7 or more beds.
Assisted Living Programs
The amendments to the rules:
Section 2, 2.11 - A change in the definition of Assisted Living Services pursuant to 22 MRSA §7852 sub-§5
Section 3, 3.25.2, 3.25.3 and 3.25.3.3 - Mandated use of a standard contract: (22 MRSA §7862 (2004))
Amendment A (The Standard Contract)
EFFECTIVE DATE: October 23, 2005
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Programs Licensing
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9250
TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925
E-MAIL: peter.mauro@maine.gov


AGENCY: 19·498 - DECD/OCD (Department of Economic and Community Development, Office of Community Development)
CHAPTER NUMBER AND TITLE: Ch. 34, Program Statement for Administering the 2006 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2005-444
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: October 25, 2005
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic & Community Development. Office of Community Development
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Adopted Rule – Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2005-445
CONCISE SUMMARY: The Department clarified in this rulemaking that reimbursement is set at the price at the time of the point of sale, and that although the Department regularly updates its average wholesale price list, there is no obligation to make these changes to cover a past time period. The Department also restructured and simplified the pharmacy provider types to categorize pharmacy providers as retail, specialty, or mail order pharmacies. The Department did not adopt one of its proposed changes that would have added several less effective smoking cessation products to the non-covered list of this Section.
The Department removed several over-the-counter drugs from the list of drugs covered for certain conditions/procedures section that previously required specific diagnoses making them covered with a prescription for all members. The early refill threshold is now set at 85%. Additionally, the Department will no longer cover Impotence Agents Class drugs for members who are registered as sex offenders pursuant to Title 34-A MRSA, Ch. 15. The Department updated the name of the Bureau of Medical Services to the Office of Maine Care Services (OMS) and made other minor technical changes.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
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: 10-144 - Department of Health and Human Services, Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual
ADOPTED RULE NUMBER: 2005-446 and 447
CONCISE SUMMARY: These routine technical rules amend Section(s) 63 and 69 of the Office of Elder Services Policy Manual. They will reduce administrative costs by eliminating the requirement in Section 63 that BEAS organize and conduct Quality Assurance Review Committee (QARC) meetings and in Section 69 by eliminating homemaker agencies attendance at QARCs. Adding the provisions of newly enacted 22 MRSA §1717(3) re: conducting criminal background checks and employment prohibitions to both Sections 63 and 69 will provide additional protection for consumers receiving care in their homes.
Adjusting the cap upward on the allowable cost of services for Section 63 Level IV consumers creates a disincentive to the use of higher cost institutional care. The amendments also set necessary standards and requirements for consumer, family member, caregiver and fiscal intermediary participation in the newly formulated Section 63 Family Provider Service Option.
Section 63 changes also limit the number of hours a Personal Support Specialist (PSS) will be reimbursed per week to 40 hours, whether for an individual or in a household with more than one consumer.
Section 69 now provides for the ability of BEAS to adjust the maximum hours of homemaker services that consumers may receive based on projected utilization of available funds. The amendments to Section 69 also extend eligibility after initial assessments and reassessments from six to twelve months, thereby helping to reduce administrative costs.
EFFECTIVE DATE: October 30, 2005
AGENCY CONTACT PERSON: Mollie Baldwin
AGENCY NAME: Office of Elder Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200. Toll free: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual – Rev. #224A, Section 4220 and Section 4130 Appendix 4-2: Consent Decision and Community Spouse Minimum Standard and Shelter Allowance
ADOPTED RULE NUMBER: 2005-448
CONCISE SUMMARY: For Nursing Facility Residents: the minimum amount of income that can be sent to the community spouse and the shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
EFFECTIVE DATE: October 26, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2005-449
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendment changes the conditions under which a PLD employee with optional membership may rejoin the MSRS.
EFFECTIVE DATE: October 29, 2005
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-05
ADOPTED RULE NUMBER: 2005-450
CONCISE SUMMARY: Minimum November 2005 Class I price is $17.81 plus $0.89/cwt. for Producer Margins, an over-order premium of$1.l0/cwt. as being prevailing in Southern New England and $0.23/cwt. handling fee for a total of$20.23 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/ahi/mmc/prihis.htm.
EFFECTIVE DATE: October 30, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings
ADOPTED RULE NUMBER: 2005-451
CONCISE SUMMARY: The Department has amended the Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings rule as required by Public Law 2005, Ch. 181. The adopted amendments establish new VOC content emission limits for interior wood clear and semitransparent stains, and varnishes In addition to these new VOC content limits, the Department also eliminated the three-year sell-through restriction of Section 3(C).
EFFECTIVE DATE: November 1, 2005
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Maine Department of Education Regulation Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age 6; new Section XIII
ADOPTED RULE NUMBER: 2005-452
CONCISE SUMMARY: The rule allows parents of preschool children with disabilities who are already receiving free appropriate public education (FAPE) services from Child Development Services (CDS) and who turn five between September 1st and October 15th to choose not to enroll the child in kindergarten and to continue receiving F APE services through CDS.
EFFECTIVE DATE: November 28, 2005
AGENCY CONTACT PERSON: Laurie Bertulli
AGENCY NAME: Child Development Services
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660