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Home > Weekly Newspaper Notices > February 4, 2009

February 4, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft Regulations: 13.08(B)(3), Motor Size Restrictions on Certain Inland Waters
PROPOSED RULE NUMBER: 2009-P19
CONCISE SUMMARY: The Department of In1and Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Allen Pond, Greene (Androscoggin County) –
Motorboats with more than 10 horsepower prohibited

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §13051
PUBLIC HEARING: February 25, 2009, Greene Fire Department, 106 Patten Road, Greene, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: March 20, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 90, Physician Services, and Ch. II Section 55, Laboratory Services, Section 75, Vision Services, Section 95, Podiatry Services, Section 101, Medical Imaging
PROPOSED RULE NUMBER: 2009-P20 through P24
CONCISE SUMMARY: The Department proposes an increase to the MaineCare reimbursement rate for non-hospital based physician services from 53% to 56.94% as of July 1, 2008. This rulemaking permanently adopts an emergency rule currently in effect. Furthermore, the Department is proposing to remove some prior authorization requirements for services including but not limited to hyperbaric oxygen therapy, cochlear implants, circumcision, septoplasty, and skin tag removal.
Finally the Department is proposing changes to Ch. II Section 55-Laboratory Services, Section 75-Vision Services, Section 95-Podiatry Services, Section 101-Medical Imaging. The Department is amending language under the “reimbursement” sections to these areas of policy to clarify that the increase mentioned above does not apply to these services. MaineCare will reimburse the lowest of 53% of 2005 Medicare rates, the providers usual and customary or the allowed amount of the Medicare Part B carrier for these services. Providers can visit the Office of MaineCare’s website for a list of MaineCare covered services and rates. This proposed rule change clarifies what the current rate is; the rate is not being decreased.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents or call the contact number below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. This rulemaking will have an expected increase in annual aggregate expenditure of $3 million from the general fund per state fiscal year.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: Wednesday, February 25, 2009, 1 p.m., Department of Heath and Human Services, Conf. Rm. 1A/1B, 442 Civic Center Drive, Augusta, Maine 04333-0011
DEADLINE FOR COMMENTS: Comments must be received by midnight March 7, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Nicole Rooney, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #03-09
PROPOSED RULE NUMBER: 2009-P25
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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: February 20, 2009, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 20, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 120, Release of Data to the Public (major substantive)
PROPOSED RULE NUMBER: 2009-P26
CONCISE SUMMARY: After receiving comments related to the initial rule modification to allow the release of group numbers with stipulations, the MHDO Board is proposing to further modify the rules as they relate to data requests for group numbers. This proposed change will increase the review period for outside comments from ten to thirty days and establishes a data advisory committee composed of individuals who may be impacted by the release of group numbers. The proposed rule also changes the definitions of “health care claims processor” and “third party payer” to be consistent with the Maine Health Data Organization statutes and other related rules. This proposed rule does not have any adverse impact on small business.
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call 287-6722.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA. Ch. 1683, §8704, sub-§4 and §8707
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: March 6, 2009
AGENCY CONTACT PERSON /
OVERALL AGENCY RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722
E-MAIL: Debra.J.Dodge@Maine.gov



AGENCY: 17-387 - Maine Pilotage Commission
RULE TITLE OR SUBJECT: Ch. 1, Rules and Regulations
PROPOSED RULE NUMBER: 2009-P27
CONCISE SUMMARY: The proposed changes to the Maine Pilotage Commission include:
* new language to give the Commission more flexibility to license pilots on bodies of water with minimal current traffic;
* pilot station clarifications;
* requirement of a master of the vessel/pilot exchange;
* clarification of what is a reportable incident/casualty;
* requirement of submittal of a drug/alcohol test if requested by the Commission after such an incident;
* requirement that a pilot is to meet with a representative of the Commission after such an incident;
* and other minor technical clarifications.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §90
PUBLIC HEARING: February 26, 2009 10:00 a.m., Maine Department of Transportation Headquarters Building, Augusta, Maine. Room 227 A&B
DEADLINE FOR COMMENTS: March 18, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Kevin J. Rousseau, Maine Pilotage Commission, Maine Department of Transportation (MDOT), 16 State House Station, Augusta, Maine 04333-0016
TELEPHONE: (207) 624-3565
FAX: (207) 624-3099
E-MAIL: Kevin.Rousseau@Maine.gov
E-MAIL OF RULE-MAKING LIAISON FOR MDOT AS A WHOLE: Theresa.Savoy@Maine.gov


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 560, Publication and Posting Requirements for Rate Changes Filed by the Casco Bay Island Transit District
ADOPTED RULE NUMBER: 2009-39
CONCISE SUMMARY: The Commission adopts these rulemaking amendments to clarify notice and hearing requirements prior to rate changes by the Casco Bay Island Transit District. The amendments also corrects the rule to bring it in to conformance with P. & S.L. 1985, ch. 481.
EFFECTIVE DATE: January 31, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.10(H)(1), Atlantic Sea Scallop Limitations, Closed Areas, Emergency regulations
ADOPTED RULE NUMBER: 2009-40
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for the implementation of six conservation closures to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion of the scallop resource.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: February 4, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2009-41
CONCISE SUMMARY: The Department permanently adopts these rules to comply with Federal HIPAA guidelines for coding for attendant care services. Until now, these services have been billed using local codes. After research and testing, the Department has determined that the HIPAA compliant codes can be implemented in the current system. The provider (s) billing under this section will only need to make minor billing changes as a result of this change. There are no adverse impacts on small business or municipalities as a result of this change.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2009
AGENCY CONTACT PERSONFOR THIS FILING: Alyssa Morrison, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov
E-MAIL OF RULE-MAKING LIAISON FOR DHHS AS A WHOLE: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-09
ADOPTED RULE NUMBER: 2009-42
CONCISE SUMMARY: Minimum February 2009 Class I price is $13.97/cwt. plus $1.52/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $6.28/cwt. handling fee for a total of $23.50cwt. 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: February 1, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 213 Compensation for Partial Incapacity: 2(2)(8), 2008 Extension of Benefits
ADOPTED RULE NUMBER: 2009-43
CONCISE SUMMARY: Because Maine's frequency of disabling cases is less than the national average, the Board is proposing to extend the benefit limitation by 52 weeks.
EFFECTIVE DATE: February 2, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086
E-MAIL: John.Rohde@Maine.gov