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Home > Weekly Newspaper Notices > March 26, 2008

March 26, 2008

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: 12-179 - Department of Labor, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 1, Procedural Rules
PROPOSED RULE NUMBER: 2008-P55
CONCISE SUMMARY: The chapter describes the Occupational Safety and Health Board Procedural Rules for notices, hearings, records, subpoena powers, decisions, officers and rulings.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
PROPOSED RULE NUMBER: 2008-P56
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing Occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of July 23, 2007.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 2008-P57
CONCISE SUMMARY: The purpose of this Ch. is to incorporate by reference rules governing Occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of July 5, 2006.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA Ch. 6, Section 565
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: April 28, 2008.
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 65, Mental Health Services
PROPOSED RULE NUMBER: 2008-P58
CONCISE SUMMARY: The proposed rule permanently repeals Section 65.A.02.B Day Treatment Services for children pursuant to the Governor’s curtailment order. This rule will permanently adopt Emergency rules in effect from March 1, 2008 through May 29, 2008 for this service. Day Treatment Services are also provided under MaineCare Benefits Manual Section 41, Day Treatment Services. The rulemaking also proposes to repeal Section 65.A.02.E. Infant Mental Health Services as those services are provided under Section 65.A.02.F. Children’s Outpatient Services. The Department is also making routine technical changes and deleting coding no longer used in Ch. III reimbursement.
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, 5 MRSA (1668
PUBLIC HEARING:: Tuesday, April 15, 2008, 1:00-3:00 p.m., Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Conference Room # 1A, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 24, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, April 25, 2008.
AGENCY CONTACT PERSON: Ginger Roberts, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 275 Section 3, Fee Provision to Implement Prescription Privacy Law
ADOPTED RULE NUMBER: 2008-120
CONCISE SUMMARY: The purpose of this rule is to implement the fee, payable to the State by manufacturers of prescription drugs, pursuant to 22 MRSA §1711-E, subsection 4(C). The fee is to implement the program established by statute so that prescribers may protect the confidentiality of prescription drug information identifying the prescriber from use for marketing, thereby serving the State’s interests in improving public health, limiting annual increases in the cost of health care and protecting the privacy of patients and prescribers in the health care system of this State.
The Department shall assess an annual fee of $1,500 payable by October 1st each year, beginning in 2007, on manufacturers of prescription drugs whose drugs are dispensed to members of the MaineCare program and enrollees in the elderly low-cost drug program. This rule is applicable only to manufacturers or labelers of prescription drugs dispensed in this State that employ, direct or utilize marketing representatives in this State. The fee that by statute is due for 2007 shall be due 30 days after adoption of this rule.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 22, 2008
AGENCY CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, DHHS, 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/Hard of Hearing)



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. #239A: Support Services Waiver for Individuals with Mental Retardation or Autistic Disorder.
ADOPTED RULE NUMBER: 2008-121
CONCISE SUMMARY: The Department proposed this rule to explain the financial eligibility for the Support Services Waiver. This rule is being proposed in tandem with the Office of MaineCare Services rule: MaineCare Benefits Manual Ch. 101 Section 29 Ch. II and III. This rule will allow individuals, 18 or older with Mental Retardation or Autistic Disorder, to receive the support necessary to live independently.
This rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: January 1, 2008
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 ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215