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Home > Weekly Newspaper Notices > July 11, 2007

July 11, 2007

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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2007-P90 (reproposed)
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Energy Assistance Program ("HEAP") Rule is to set forth the prices oil and kerosene suppliers may charge for fuel and to establish a program for cleaning, tuning and evaluating oil systems. The originally proposed amendment set forth 4 pricing options for oil and kerosene vendors: (1) an amount in excess of the rack price ("Margin Over Rack") for deliveries paid with HEAP funds; (2) a Margin Over Rack for deliveries to HEAP recipients for an entire heating season; (3) a discount off a vendor's retail cash price ("Discount Off Retail'') for deliveries paid with HEAP funds; and (4) a Discount Off Retail for deliveries to HEAP recipients for an entire heating season. The proposed Discount Off Retail for vendors who give the Discount Off Retail only for deliveries paid with HEAP funds was $.17 per gallon and the proposed Discount Off Retail for vendors who give the Discount Off Retail for all deliveries to HEAP recipients in a heating season was $.14 per gallon. In response to comments the Maine State Housing Authority ("MaineHousing") received on the Discount Off Retail options, MaineHousing is planning to modify the Discount Off Retail options of the proposed amendment with one of the following two alternatives:
Alternative 1. $.07 Discount Off Retail for vendors who give the Discount Off Retail for all deliveries to HEAP recipients in a heating season with no option to give the Discount Off Retail only for deliveries paid with HEAP funds
Alternative 2. $.11 per gallon Discount Off Retail for vendors who give the Discount Off Retail only for deliveries paid with HEAP funds and $.08 per gallon Discount Off Retail for vendors who give the Discount Off Retail for all deliveries to HEAP recipients in a heating season
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4722(1)(W), 4741(15), and 4991 et seq.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Friday, August 10, 2007 at 5:00 p.m. Comments may be submitted electronically to jchoate@mainehousing.org by the comment deadline. Upon sufficient notice, written materials provided in connection with the proposed amendments to the rule and the modifications under consideration will also be made available in alternative formats.
AGENCY CONTACT PERSON: Jo-Ann Choate, Energy & Housing Services Manager, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2007-P113 (reproposed)
CONCISE SUMMARY: Maine State Housing Authority (MaineHousing) held a public hearing on proposed amendments to the Allocation of State Ceiling for Low Income Housing Tax Credit rule on June 25, 2007 after proper notice. In response to comments on the proposed amendments to the rule received during the public hearing and the extended comment period through July 5, 2007, MaineHousing is considering the following modifications, one or more of which modifications may be considered substantially different from what was proposed. The modifications under consideration include: (1) modifying the selection criterion that encourages smoke-free housing to clarify owners are required only to provide educational materials on tobacco treatment programs rather than provide access to tobacco treatment programs to residents to qualify for points under the criterion (Section 7.A.8. of the modified rule); (2) reinstating the project-based rental assistance selection criterion deleted in the proposed amendments to the rule, but excluding HUD project-based voucher assistance (Section 7.B.3. of the modified rule); (3) eliminating the proposed new selection criterion that would have encouraged the development of affordable housing in difficult to develop areas and qualified census tracts (former Section 7.C.4. of the originally proposed rule) and, accordingly, removing the criterion from consideration under the proposed new tie breaker mechanism (Section 7.E.2. of the originally proposed rule); and (4) further expanding the new comprehensive smart growth selection criterion to encourage the reuse or remediation of existing structures or previously developed sites as an alternative to development in or near downtowns (Section 7.C.5. of the modified rule).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Friday, August 10, 2007, 5:00 p.m. Comments may be submitted electronically to jstevens@mainehousing.org by the comment deadline. Upon sufficient notice, written materials provided in connection with the proposed amendments to the rule and the modifications under consideration will also be made available in alternative formats.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2007-P154
CONCISE SUMMARY: The Department has proposed changes that include the addition of an Appendix that references the False Claims Act that results in changes to the, provider/supplier documentation and compliance requirements. The Department is also proposing a change in the language that allows providers seven (7) days from the termination notice to request an informal hearing on emergency terminations. This rulemaking includes the deletion of language that allowed providers to continue to receive payments during a judicial review; and a change in language to allow a provider sixty (60) days to request an informal review upon receipt of an audit report, examination report or other audit determination, and any other determinations that seek to impose repayment, recovery or recoupment obligations or fines from providers.
This rulemaking adds language that addresses reassessment of a member's medical eligibility, as well as a coding change and clarifying language for interpreter services. Additionally, this rulemaking deletes obsolete language regarding the Physician (and other Prescribers) Directed Drug Initiative (PDDI).
The Department is proposing the addition of new language for a definition section of this policy. The terminology defined in this section is: Authorized Agent, Emergency Medical Conditions, Emergency Medical Conditions for Undocumented Non-Citizens and Medical Necessity. The Department is also proposing Behavioral Health Managed Care language for the purposes of evaluating utilization management and clinical appropriateness of services. All providers must submit notification of the initiation of behavioral health services prior to the start of services for all members. The Department proposes numerous other clarifying, structural, administrative and grammatical changes within this rulemaking.
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:
Date: July 30, 2007, 1:00 p.m.
Location: Department of Health and Human Services, Office of MaineCare Services / Room 1B, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 26, 2007.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 9, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 152, Control of Volatile Organic Compounds from Consumer Products
PROPOSED RULE NUMBER: 2007-P155
CONCISE SUMMARY: The Department is proposing to adopt amendments to Ch. 152 intended to address volatile organic compound (VOC) emissions from consumer products. The proposed amendments will add approximately 18 categories of regulated consumer products and will place limits on certain toxic compounds in some consumer product categories. The amendments also modify the date-coding requirements.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 585 and 585-A
PUBLIC HEARING: August 2, 2007, 9:00 a.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: August 16, 2007
AGENCY CONTACT PERSON: Andrea Lani, Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437



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 80, Pharmacy Services
PROPOSED RULE NUMBER: 2007-P156
CONCISE SUMMARY: The Department of Health and Human Services ("the Department") proposes to implement a 4-brand name limit (with the 5th and subsequent brand names requiring PA) for all MaineCare members over age 18 who are not eligible for Medicare Part D, with the exception of those taking drugs for the treatment of cancer and HIV and atypical antipsychotic drugs. The proposed rules also increase the member co-pay from $2.50 to $3.00 per prescription, not to exceed $30 per member per month. These changes are required by State law pursuant to P.L. 2007, c. 240 in order to contain costs and ensure that adequate funding is available to continue providing various MaineCare services, including pharmacy services. Emergency rules implementing the above changes will be in effect from July 1, 2007 through September 28, 2007. This rulemaking proposes to make the changes permanent.
Furthermore, the Department proposes to clarify its position with respect to generic drug usage, principally that the member proceed to a chemically different therapy when the generic drug fails. One additional change, pursuant to Section 1903(i)(23) of the Social Security Act, is that as of October 1, 2007, the Department will not reimburse prescriptions that are not executed on a tamper-resistant pad.
See http://www.maine.gov/bms/rules/gen_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 and P.L. 2007, c. 240
PUBLIC HEARING:
Date: July 31, 2007 -10:00 a.m.
Location: Conference Room lA-1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 24, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 10, 2007.
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual, Rev. #237P: Annual Adjustments to Spousal Impoverishment Rules and HIV Waiver Premiums
PROPOSED RULE NUMBER: 2007-P157
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be sent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
The HIV Limited Benefits premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: August 10, 2007
AGENCY CONTACT PERSON Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
CHAPTER NUMBER AND TITLE: Ch. 707, Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
ADOPTED RULE NUMBER: 2007-275
CONCISE SUMMARY: To finalize the emergency rules in effect since April 25, 2007. These rules have been amended to expand the program to include women age 35 -39 who are symptomatic or have a breast or cervical abnormal finding. These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility for the screening program for 35-39 year old women.
Final edits also include modifications of covered procedures to allow for future changes.
EFFECTIVE DATE: July 24, 2007
AGENCY CONTACT PERSON: Celeste Philippon, MS, RN, Assistant Program Director, Maine Breast and Cervical Health Program, 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-3994



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
ADOPTED RULE NUMBER: 2007-276
CONCISE SUMMARY: This proposed rule change will allow the MHDO to use the amount of net patient service revenue as reported by the hospital on the standardized accounting template in determining the hospital’s share of the annual MHDO assessment fee. Currently, the net patient service revenue amount is taken from the hospital’s audited financial statement.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: July 4, 2007
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 100, Enforcement Procedures
ADOPTED RULE NUMBER: 2007-277
CONCISE SUMMARY: This rule change increases the maximum fine for the intentional or knowing misuse of MHDO data from $250,000 to $500,000. This change is the direct result of the enactment of PL 2005, Chapter 565 §6, which increased the maximum fine for the same violation in the same manner.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: July 29, 2007
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 18-134 - Department of Administrative and Financial Services, Capitol Planning Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Capitol Area Rules and Regulations
ADOPTED RULE NUMBER: 2007-279
CONCISE SUMMARY: Revisions and updates to the Capitol Area Rules and Regulations to further define Zones and better align with the City of Augusta’s ordinances.
EFFECTIVE DATE: July 10, 2007
AGENCY CONTACT PERSON: Valerie Chiang, Bureau of General Services, 77 State House Station, Augusta, Maine 04333-0077
TELEPHONE: (207) 624-7348



AGENCY: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation (also repeals Ch. 180)
ADOPTED RULE NUMBER: 2007-280 and 281
CONCISE SUMMARY: This is a new unified Chapter 101, “Maine Unified Special Education Regulation Birth to Age Twenty”, which will replace the current Chapters 180 (Early Intervention and Special Education for Children Age Birth to Under Age Six) and 101 (Maine Special Education Regulations).
This rule governs the administration of the Childfind system for children age birth to twenty, the provision of early intervention services to eligible children birth to under age 3 (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty with disabilities and their families, implementing 20-A MRSA Chapters 301, and 303 and amendments thereto of Department of Education Statutes.
Throughout this regulation, the Department has reflected the federal statutory and regulatory requirements in non-italicized text. State requirements are in italicized text and reflect additional procedures or timeframes to enhance the federal provisions. The federal IDEA has been in effect since December 2004 and the federal regulations implementing it have been in effect since October 13, 2006.
This rule will replace the current Maine Department of Education Regulations, Chapters 180 and 101.
EFFECTIVE DATE: August 3, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, State House Station #23, Augusta, Maine 04333
TELEPHONE: (207) 624-6669



AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 131, The Maine Federal, State, and Local Accountability Standards
ADOPTED RULE NUMBER: 2007-282
CONCISE SUMMARY: The proposed revised Maine Department of Education Regulation 131 repeals and replace the current Ch. 131 which outlines the standards and performance indicators of the Maine Learning Results.
EFFECTIVE DATE: August 5, 2007
AGENCY CONTACT PERSON: Anita Bernhardt, Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624- 6835