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Home > Weekly Newspaper Notices > March 11, 2009

March 11, 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: 10-144 – Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT:  Proposed Food Supplement Program Policy #165P Update to Afghani Special Immigrant Status, Corrections, Clarification and Updates
PROPOSED RULE NUMBER: 2009-P46
CONCISE SUMMARY:  In addition to updating the expiration date of Afghani Special Immigrant status, this rule:

  • Corrects reference to Redeterminations section in Application Processing section,
  • Updates benefit Budget Worksheet concerning dependent care deduction cap,
  • Clarifies policy concerning proration of benefits when recertification form is submitted late,
  • Clarifies when Advance Notice of Adverse Action is not needed for voluntary withdrawal,
  • Clarifies when Advance Notice of Adverse Action is not needed for returned mail, and
  • Updates program name, Department name, and Office name on affected pages.

This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law 110-329, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009; Title IV, Food, Conservation and Energy Act of 2008 (Farm Bill); 7 CFR §§273.10 and 273.13.
PUBLIC HEARING:  None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS:  April 10, 2009
AGENCY CONTACT PERSON:  Robert Thibodeau, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine ME  04333-0011

TELEPHONE: (207) 287-5054

TTY:  (800) 606-0215 (Deaf/Hard of Hearing)

EMAIL:  Bob.Thibodeau@Maine.Gov    



AGENCY:  10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT:  MaineCare Eligibility Manual Revision
PROPOSED RULE NUMBER: 2009-P47
CONCISE SUMMARY:  This rule proposes to repeal and replace the MaineCare Eligibility Manual to make it more user-friendly.  Policy for the most part is identical to the current manual, but organized differently.  Most policy changes that have been made are those necessary to comply with Social Security Administration regulations.  Changes to current policy include the following:

Chapter 2 Section 5.1 and Chapter 5 Section 2 – This change implements the requirement to provide a Social Security number to receive benefits under the Cub Care program.

Chapter 2 Section 3 – I.A. & D. – This change exempts certain individuals from the citizenship documentation requirement who receive SSI, Social Security Benefits based on disability, individuals who have Medicare, or pregnant women while covered under Presumptive Eligibility.

Chapter 2 Section 3 III – This change adds additional non-citizen groups eligible for full MaineCare benefits.

Chapter 11 Section 3 paragraph 2 – SGA – This change increases the earnings limit for SGA to be consistent with SSI.

Chapter 12 Section 5.2 A. and Chart 3.11 Spousal Living Allowance – This updates the Spousal Living Allowance for SSI recipients.

Chapter 16 Section 2.30 and Chapter 17 Section 4.40 second paragraph, SSI increased figure – This change excludes SSI or Social Security retroactive payments from asset and income consideration for up to nine months for some groups.  This is to be consistent with SSI.

Chapter 16 Section 2.52 – I. F.2. Pooled Trust – This change is meant to comply with Federal Law and CMS guidance.  This change adds an age limit to the criteria for a pooled trust exemption.

Chapter 16 Section 2.53 I. A. – This change totally excludes one vehicle which is used to provide transportation.

Chapter 17 Section 4.7 – SSI child’s income – This change increases the income limits for children eligible for SSI Related coverage.  This is to be consistent with SSI.

Chapter 17 Section 4.61 – This change excludes income identified as combat pay for certain groups.  This is to be consistent with SSI.

Chart 6 – This change adds a chart that identifies the income limits based on the current Federal Poverty levels.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and 3174, 22 MRSA §3174-H and 22 MRSA §3174-T, 20 CFR §416.1218 and 20 CFR §416.1123(d), 42 U.S.C. §1396p(c)(2)(B)(iv), 42 U.S.C. §1396b(x), 42 U.S.C. §1382a(b) (1) and (20), Public Laws 110-161 and 110-181, POMS SI 01130.600, POMS SI 00820.510, POMS DI 10501.015
PUBLIC HEARING: Monday, March 30, 2009 at 9:00 a.m., location is Jewett Hall Auditorium, 46 University Drive, Augusta, ME  04330
DEADLINE FOR COMMENTS:  April 9, 2009
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 (Deaf/Hart of Hearing)

EMAIL:  Bethany.Hamm@Maine.Gov


 

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT:  Standards for the Provision of Service, Billing, Credit and Collection, Termination of Service, and Customer Information for Electric and Gas Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 2009-P48
CONCISE SUMMARY:  In this Notice of Rulemaking, the Commission proposes additional revisions to Chapter 815.  A Notice of Rulemaking Amendment was previously issued on October 28, 2008 that proposed numerous revisions to Chapter 815 to make corrections and additions found necessary after the rule went into effect on April 16, 2008.  This amendment proposes additional changes to those previously proposed in the October 28, 2008 Order and seeks comment on these additional changes.

THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704 AND 1308
PUBLIC HEARING: None scheduled unless requested by at least five persons.
DEADLINE FOR COMMENTS:  April 10, 2009 (comments should refer to Docket No. 2008-429)

AGENCY CONTACT PERSON:  Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, Maine  04333-0018.
TELEPHONE: (207) 287-3831

Email:  Paula.Cyr@Maine.Gov 


ADOPTIONS


AGENCY: 94-411 – Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE:   Chapter 303, Actuarial Factors Tables
ADOPTED RULE NUMBER: 2009-78
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit plans of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System.

EFFECTIVE DATE: February 23, 2009

CHAPTER NUMBER AND TITLE:  Chapter 601, Group Life Insurance

ADOPTED RULE NUMBER:  2009-79

CONCISE SUMMARY:  The proposed amendments to this rule set forth the standards by which a participating local district employer may include or exclude employees on the basis of nature and type of employment or conditions.  The proposed amendments also include a non-substantive change to correct language format and provide clarification.

EFFECTIVE DATE: February 23, 2009

AGENCY CONTACT PERSON:  Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333-0046
TELEPHONE: 512-3190 or 1-800-451-9800

 


AGENCY: 10-144 Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:   Maine Care Benefits Manual, Chapter III, Section 45, Hospital Service
ADOPTED RULE NUMBER: 2009-80
CONCISE SUMMARY:  This emergency rule repeals the February 1, 2009 emergency rule, effective upon adoption of the emergency rule, MaineCare Benefits Manual, Ch. III, Sec. 45 (Hospital Services), which are being adopted effective February 21, 2009.  In accordance with P.L. 2009, ch. 1, the Department adopted emergency regulations, with an effective date of February 1, 2009, which reduced reimbursement to hospital-based physicians and lowered Prospective Interim Payments (PIPs) by an amount corresponding to the anticipated hospital-based physician payment reductions.

Since February 1, 2009, the Department has determined that the February 1st emergency rule must be repealed because upon further review, the Department determined that it would be less administratively burdensome on hospitals to limit the impact to non-emergency hospital-based outpatient physician services only, rather than to all hospital-based physicians, within the required savings of $1,947,490 state dollars.  Accordingly, the Department is repealing the February 1st emergency rules, and will be adopting, simultaneously, new emergency rules regarding hospital based physician services reimbursement, which are being adopted effective February 21, 2009. 
EFFECTIVE DATE: February 21, 2009

CHAPTER NUMBER AND TITLE:   Maine Care Benefits Manual, Chapter III, Section 45, Hospital Service
ADOPTED RULE NUMBER:  2009-81

CONCISE SUMMARY:  The Fiscal Year 2009 Emergency Supplemental Budget, deappropriated funds to reduce MaineCare Reimbursement for hospital-based physician services to provide for a rate as close to 70% of the Medicare reimbursement rate as the Department determines can be funded with the resources used for physician reimbursement, as adjusted by the Supplemental Budget, which reduced the reimbursement by $1,947,490 state dollars, effective February 1, 2009.  P.L. 2009, ch. 1.

On February 1, 2009, the Department adopted emergency rules which reduced reimbursement for both hospital-based impatient and outpatient physicians.  Since February 1, 2009, the Department has determined that the February 1st emergency rule must be repealed because upon further review, the Department determined that it would be less administratively burdensome on hospitals to limit the impact to non-emergency hospital-based outpatient physician services only, rather than to all hospital-based physicians, within the required savings of $1,947,490 state dollars.  Accordingly, the Department is repealing the February 1, 2009 emergency rules and will be adopting, simultaneously, these emergency rules, which are being adopted effective February 21, 2009.

Hence, in accordance with P.L. 2009, ch. 1, the Department is adopting these emergency regulations, with an effective date of February 21, 2009, which will reduce reimbursement for hospital-based physician services as follows:  non-emergency hospital-based outpatient physician rates at acute care non-critical access hospitals, acute care critical access hospitals and hospitals reclassified to a wage area outside Maine, will be reduced to 46.21% of non-emergency hospital-based outpatient physician costs.  The rate of 46.21% is the closest to 70% of the Medicare reimbursement rate that the Department could fund with the resources used for physician reimbursement, as adjusted by the Supplemental Budget, which reduced the reimbursement by $1,947,490 of state dollars.  Prospective Interim Payments (PIPs) will be lowered in an amount corresponding to the anticipated non-emergency hospital-based outpatient physician payment reductions.

See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.

EFFECTIVE DATE: February 21, 2009

AGENCY CONTACT PERSON:  Bob Kohl, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6124

FAX:  (207) 287-9369

TTY:  1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)

EMAIL:  Robert.kohl@maine.gov


AGENCY: 06-096 – Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 160, Outdoor Wood Boiler Replacement and Buy Back Program
ADOPTED RULE NUMBER: 2009-82
CONCISE SUMMARY:  The Board of Environmental Protection adopted a new rule, Ch. 160, Outdoor Wood Boiler Replacement and Buy Back Program.  The rule establishes a replacement and buy back program to remove nuisance outdoor wood boilers that were installed prior to February 1, 2008.  The rule includes criteria for prioritizing nuisance outdoor wood boilers to be eligible for participation in the program, approved replacement heating units, compensation amount, and procedures for verification of removal of nuisance outdoor wood boiler.  Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm
EFFECTIVE DATE:  February 25, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Carolyn Wheeler, Bureau of Air Quality Control, Maine Dept. of Environmental Protection, #17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-2437
E-MAIL:  Carolyn.wheeler@maine.gov  

CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 2009-83
CONCISE SUMMARY:  The amendments to Chapter 335 are intended (1) to update text to be consistent with recent statutory changes, and (2) to make other corrections, clarifications and minor changes.

Additional information concerning this rulemaking is available at:  http://www.maine.gov/dep/blwq/rule.htm 
EFFECTIVE DATE: March 1, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Hetty Richardson, Maine Dept. of Environmental Protection, #17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799
E-MAIL: Hetty.L.Richardson@Maine.gov
CHAPTER NUMBER AND TITLE: Ch. 555, Standards for the Addition of Transported Wastes to Wastewater Treatment Facilities
ADOPTED RULE NUMBER: 2009-85
CONCISE SUMMARY:  This rule is an amendment of an existing rule.  The amendment updates the rule, originally adopted in 1989, and modifies the types and quantities of transported wastes that can be accepted at a wastewater treatment facility.
EFFECTIVE DATE:  March 9, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Dennis Merrill, Bureau of Land and Water Quality, Department of Environmental Protection, #17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: Dennis.L.Merrill@Maine.gov

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-09
ADOPTED RULE NUMBER: 2009-84
CONCISE SUMMARY: Minimum March 2009 Class I price is $12.68/cwt. plus $1.52/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $7.67/cwt. handling fee for a total of $23.60cwt. 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: March 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