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Weekly Rulemaking Notices Contact Us Find It

February 22, 2006
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, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 334, MaineCare Eligibility Manual: Rev. #229P
PROPOSED RULE NUMBER: 2006-P25
CONCISE SUMMARY: This rule changes the certification (review) period and period of continuous eligibility for the MaineRx Plus Prescription Drug Program under Section 12000 from 12 to 24 months,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2681(14) and 22 MRSA 2682(2)
PUBLIC HEARING: None scheduled unless requested by 5 or more people,
DEADLINE FOR COMMENTS: March 23, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services
RULE TITLE OR SUBJECT: Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation
PROPOSED RULE NUMBER: 2006-P26
CONCISE SUMMARY: In accordance with Ch. 52, Resolve, To Require the Department of Health and Human Services to Amend Rules Regarding Licensing of Intermediate Care Facilities for Mental Retardation, DHHS has revised these Regulations to eliminate State licensing requirements that are duplicative of the Federal Title XIX requirements or no longer essential. DHHS has adopted the Medicaid or Title XIX requirements for purposes of State licensure and, by reference, has incorporated the Conditions of Participation for Intermediate Care Facilities for the Mentally Retarded (42 Code of Federal Regulations, Subpart I, Sections 483.10 - 483.40). DHHS has consulted with consumers, providers, advocates and regulators prior to revising these rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Ch. 52, Resolve, To Require the Department of Health and Human Services to Amend Rules Regarding Licensing of Intermediate Care Facilities for Mental Retardation
DATE(S)/PLACE(S) OF HEARING(S): March 13, 2006, at 1:30 p.m., Dept. of Health & Human Services, Bureau of Medical Services, Conference Room 1A, 442 Civic Center Dr., Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before March 6, 2006.
DEADLINE FOR COMMENTS: March 23, 2006
AGENCY CONTACT PERSON: Louis T. Dorogi, Assistant Director, Division of Licensing and Regulatory Services, 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333
TELEPHONE:
(207) 287-9300 (Telephone)
(207) 287-9304 (FAX)
(207) 287-9312 (TTY - Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
ADOPTED RULE NUMBER: 2006-75
CONCISE SUMMARY: The principal reason for this rulemaking is to up-date producer margins. The margins adopted in this rule reflect the current cost of producing milk in Maine.
EFFECTIVE DATE: February 17, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 94-591 - Motor Carrier Review Board
CHAPTER NUMBER AND TITLE: Ch. 2, Selection and Review Process for Selection and Review of Motor Carriers
ADOPTED RULE NUMBER: 2006-79
CONCISE SUMMARY: This amendment implements the recommendations of the Governor's Task Force on Dangerous Drivers relating to motor carriers. Specifically, the amendment adds speeding in a commercial motor vehicle, and illegal possession of drugs or alcohol to the list of motor carrier violations the Board considers when reviewing a motor carrier. The amendment also expands the review period to include an 18-month review, and allows the Board to consider reviewing a carrier with three serious motor carrier violations in a twelve month period.
EFFECTIVE DATE: February 18, 2006
AGENCY CONTACT PERSON: Garry Hinkley, Chief Motor Carrier Services, Maine BMV; Motor Carrier Review Board, 29 State House Station, 101 Hospital St., Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section l02, Rehabilitative Services
ADOPTED RULE NUMBER: 2006-80
CONCISE SUMMARY: The Department has adopted changes to Ch. III Section 102, Rehabilitative Services. This rulemaking will permanently adopt emergency rules currently in effect until February 20, 2006. Rehabilitative Services providers notified the Department that they were not be able to continue to provide services due to the inadequate reimbursement. Providers of rehabilitation services maintain that previous decreased funding by the Department put them in jeopardy of not being able to continue providing services, resulting in a situation where these crucial services would not be available for MaineCare members with brain injury. The Department responded by adopting emergency rules, which will be permanently adopted in this rulemaking. The Department complied with Federal Medicaid law by posting a notice of change in methodology/rate standards to providers, as required.
The Department has additionally adopted changes to Ch. II of the Rehabilitative Services, which include defining the maximum number of members allowed in a group session, clarification on reporting the member service hours on the Brain Injury Assessment Tool, and addition of section references of the MaineCare Benefits Manual under the limitations section to avoid duplication of services.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 21, 2006
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner, Division of Policy and Provider Services, 442 Civic Center Drive, 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)