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Home > Weekly Newspaper Notices > August 2, 2006

August 2 , 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2006-P187
CONCISE SUMMARY: These rules will permanently replace emergency rules currently in effect that provide relief to a group of MaineCare eligible individuals with mental retardation. These individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions.
The Department wants to maintain these individuals in the treatment setting they are currently living in to assure that their Department approved treatment plans are maintained without disruption, which disruption would likely result in loss or deterioration of those skills already learned and in a significant setback in the personal development of these young and vulnerable adults. The housing for these individuals is located in several facilities. The current PNMI rules require that Appendix F services be provided in single facilities. Accordingly, this rule allows Appendix F services to be provided in several facilities, also called "scattered sites."
As additional updates and clarification, the Department has proposed additional changes, including moving the definition of "Intensive Temporary Out-of-Home Treatment Services (ITOOHTS) to Section 97.01(B), since it is a subset of "Child Care Facilities" described in that Section.
See http://www.maine.gov/bms/rules/provider_rules_policies.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: Monday, August 21, 1:00 p.m., Conference Room, DHHS, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 16, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., August 31, 2006.
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9362
FAX: (207) 287-9362
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 109, Rules Establishing the Fee for Special Legislative Motorcycle Registration Plates
PROPOSED RULE NUMBER: 2006-P188
CONCISE SUMMARY: This rule establishes the fee for a special legislators' motorcycle plate authorized by 29-A MRSA §460 (sub-2).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §460 (sub-2)
PUBLIC HEARING: August 24, 2006 @ 9 a.m. at BMV, 101 Hospital St., Augusta
DEADLINE FOR COMMENTS: September 4, 2006
AGENCY CONTACT PERSON: Catherine Curtis, Dir. Vehicle Services Div., BMV - Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9191
E-MAIL: catherine.curtis@maine.gov



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE: Ch. 870, Labeling of Mercury-Added Products
PROPOSED RULE NUMBER: 2006-P189
CONCISE SUMMARY: The Department of Environmental Protection proposes to amend Ch. 870 of its rules. Ch. 870 sets forth standards for labeling mercury-added products. The rule was adopted on January 4, 2001 and amended effective January 28, 2003. The board proposes to further amend the rule to provide for labeling of mercury-added lamps.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Maine Revised Statutes Annotated, Title 38, section 1662, subsection 1
PUBLIC HEARING: The board does not plan to hold a public hearing on the proposed amendment. You may request a hearing by submitting your request in writing to the address below on or before September 1, 2006. The request must describe your interest in the amendments and state why you believe a hearing is warranted.
DEADLINE FOR COMMENTS: You are invited to submit written comments on the proposed rule amendments, a copy of which can be obtained from the contact person below. The deadline for written comment is Friday, September 1, 2006. Comments may be submitted by mail, e-mail or FAX. To ensure consideration, include your name and the organization you represent, if any.
CONTACT PERSON. Address comments to: John James, DEP-BRWM, 17 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-7866
FAX: (207) 287-7826
E-MAIL: john.james@state.me.us



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #09-06
PROPOSED RULE NUMBER: 2006-P190
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: August 21, 2006, Friday, starting at 10:00 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 21, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26 and Ch. 8, Technical change in Ch. 26.12, Tagging, and separately in Ch. 8.10(C), Urchins
ADOPTED RULE NUMBER: 2006-334 and 335
CONCISE SUMMARY: A technical change is adopted in Ch. 26 and Ch. 8. The established regulation for the tagging of urchins currently located in Ch. 8, Landings Program, has been relocated to Ch. 26.12 as this is not part of the Landings Program requirements.
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2006-2007 – Zone 1
ADOPTED RULE NUMBER: 2006-336
CONCISE SUMMARY: The Department has adopted a 10 day season for divers, trappers, rakers and draggers in 2006-2007 in Zone 1, which was the same length of season in 2005-2006. The Sea Urchin Zone Council recommended the selection of the particular days. Divers, rakers and trappers have a choice of fishing 10 days in September or 10 days in December. The designation of early or late season deadline has been adjusted for this season. The term “owns a sea urchin license” has been changed to “holds a sea urchin license” for legal consistency with other regulatory language. This change does not affect an urchin license holder’s rights or the operation of the regulations.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2006-2007 – Zone 2
ADOPTED RULE NUMBER: 2006-337
CONCISE SUMMARY: The Department has adopted a 45 day season for divers, trappers, rakers and draggers in 2006-2007 for Zone 2, which was the same length of season in 2005-2006. The Sea Urchin Zone Council recommended the selection of the particular days. The term “owns a sea urchin license” would be changed to “holds a sea urchin license” for legal consistency with other regulatory language. This change does not affect an urchin license holder’s rights or the operation of the regulations.
CHAPTER NUMBER AND TITLE: Ch. 27.03, Sea Cucumber Reporting and Restrictions
ADOPTED RULE NUMBER: 2006-338
CONCISE SUMMARY: The Legislature enacted a new sea cucumber license pursuant to 12 MRSA §6801-A, and eligibility criteria in §6821, effective June 29, 2005. This new license replaced the sea cucumber endorsement rules in DMR regulations Ch. 27, which therefore have been removed in this adopted amendment as they are out of date with the new license law.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(2), Recreational cod size increase and season
ADOPTED RULE NUMBER: 2006-339
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 13 to the NE Multispecies Fishery Management Plan biennial adjustment process, and for consistency with the National Marine Fisheries Service federal regulations effective May 1, 2006, the Department has adopted an increase in the recreational cod minimum size from 22 to 24 inches total length and a closed season from November 1 to March 31.
EFFECTIVE DATE: July 24, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2006-340
CONCISE SUMMARY: The Department is combining two proposed rulemakings into one adopted rule in this rulemaking. The first proposed rule, for which a public hearing was held on April 26, 2006, proposed major revisions to Ch. II and III. The second rulemaking, for which the public comment period ended June 30, 2006, permanently adopts emergency rules currently in effect at the request of the Centers for Medicare and Medicaid Services (CMS). The rulemakings are summarized as follows:
The first rulemaking adopts a major rewrite of Ch. II. Changes include new terminology, such as the use of the terms MaineCare instead of Medicaid; removal of outdated information; removal of redundant sections such as information already contained in Ch. III, Sec. 45 and licensing rules; updates to ensure consistency with other sections of the MBM most notably Nursing Facility Services and criteria for patient education; moving the section covering Katie Beckett eligibility criteria to another section of the rule; requirements that physical, occupational and speech therapy services provided in a hospital meet all requirements for those services as outlined in applicable sections of the MBM, most notably eligibility for services; not allowing hospitals to provide outpatient durable medical equipment and supplies for use outside the home; and a requirement that hospitals bill using CPT and HCPCS codes the first quarter after the effective date of these rules. The Department is also adopting a definition of what hospital-based physician services are allowable, which comports with Federal Medicaid law and regulations.
In Ch. III, effective 7/1/05, for non-critical access hospitals 1) discharge rates are increased 2.47%;
2) inpatient prospective interim payments will be capped at 84.96% of calculated amount, instead of 117.5 % of the previous year's PIP; and 3) effective 7/1/06, unless there is specific statutory direction, and subject to CMS approval, the Commissioner of DHHS will determine if an inflation adjustment to increase the discharge rate will be made, and the amount of that adjustment. Effective 7/1/05, outpatient payments to public non-critical access hospitals equal allowable costs decreased by a factor of 11.65% rather than 10% to ensure compliance with the UPL. For critical access hospitals, the Department increased inpatient and outpatient payments to 117% of costs from 101 % of costs and allocated $1,000,000, annually among these hospitals based on their relative share of Maine Care payments. Subject to approval from CMS, effective 7/1/2006, for non-psychiatric hospitals, the rules change the methodology for calculating DSH payments and provide for a cap of $200,000 on funds available for distribution. The rules also clarify reporting requirements for cost reports and interim and final settlement procedures and include other minor clarifications and updates.
In the second rulemaking, the Department is permanently adopting emergency rules currently in place that increased the rate for public non-state-owned critical access hospitals for outpatient services to 110% of costs, retroactive to 7/1/05. Those rules were implemented because the Centers for Medicare and Medicaid Services (CMS) indicated that it would not approve a state plan amendment unless and until the Department adopted state regulations setting the reimbursement for public non-state-owned critical access hospitals at a rate that would ensure that the reimbursement for these hospitals did not exceed the federal Medicaid upper payment limit. The Department will also reimburse private psychiatric hospitals at 117% of allowable costs for outpatient service, the same methodology as is used for critical access outpatient hospital services. This change in reimbursement is also being made at the request of CMS.
Federal officials have indicated that they will no longer allow reimbursement using the current methodology (based on a percentage of charges), as they do not believe that payment methodology to be economic and efficient.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 31, 2006
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, 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)



AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 6, Transportation of hazardous Materials
ADOPTED RULE NUMBER: 2006-341
CONCISE SUMMARY: These Rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the Transportation of hazardous materials in commerce as found in Title 49 Code of Federal Regulations Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387 and 397.
EFFECTIVE DATE: July 29, 2006
AGENCY CONTACT PERSON: John Fraser, Maine State Police, # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-06
ADOPTED RULE NUMBER: 2006-342
CONCISE SUMMARY: Minimum August 2006 Class I price is $14.22 plus $1.35/cwt. for Producer Margins, an over-order premium of $1.l0/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of$18.27 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: July 30, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 94-289 - Atlantic Salmon Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Rules of the Atlantic Salmon Commission
ADOPTED RULE NUMBER: 2006-343
CONCISE SUMMARY: The amended rule creates an experimental open fishing season for anadromous Atlantic salmon. The open season is for a one-month period in the fall in a specified location on the Penobscot River. The permitted activity is limited to· catch and release by fly-fishing only. . Should the Commission determine it is necessary to close the area during the open season, red flags will be displayed.
EFFECTIVE DATE: August 1, 2006
AGENCY CONTACT PERSON: Patrick Keliher, Atlantic Salmon Commission, 172 State House Station, Augusta, ME 04333-0172
TELEPHONE: (207) 287-9972
TTY: (207) 287-4474 (Deaf/Hard of Hearing)