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Home > Weekly Newspaper Notices > July 22, 2009

July 22, 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.



PROPOSALS


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapters II & III, Section 7, Free-Standing Dialysis Services
PROPOSED RULE NUMBER: 2009-P161
CONCISE SUMMARY:  The proposed rule is a new section of the MaineCare Benefits Manual. Currently, providers of dialysis services are billing MaineCare under Section 90, Physician Services. The Physician Services rule does not contain any policy pertaining to dialysis services.  This new rule is a stand-alone policy for dialysis providers with its own definitions; covered services, including renal dialysis, prescribed drugs, and training for home dialysis; eligibility requirements; reimbursement; limitations; and billing instructions.  This rule is not expected to have any adverse impact on small business.
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, 42 CFR Part 494.
PUBLIC HEARING:  PUBLIC HEARING HAS BEEN RESCHEDULED TO August 12, 2009 at 1 pm, Conference Room #4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME  04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Friday, August 7, 2009
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 24, 2009.
AGENCY CONTACT PERSON:  Nicole Rooney, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-4460; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  nicole.rooney@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: MaineCare Benefits Manual, Chapters II & III, Section 150, STD Screening Clinic Services
PROPOSED RULE NUMBER: 2009-P164
CONCISE SUMMARY:  The proposed changes to this section increase the reimbursement rate to providers, add information on clinical record keeping, and update the policy language.  The local code is replaced by a HIPAA compliant code.
ESTIMATED INCREASE IN ANNUAL AGGREGATE EXPENDITURES:  $1,630.00 per FY.
ANTICIPATED EFFECTIVE DATE:  MARCH 1, 2010
SEEhttp://www.maine.gov/dhhs/oms/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(1) and § 3173
PUBLIC HEARING:  August 11, 2009, 1:00 pm, Conference Room 3, 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 no later than August 4, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 21, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station. Augusta, ME 04333-0011
TELEPHONE:  (207) 287-6427; FAX:  (207) 287-9369; TTY:  (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  02-041 – Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT:  Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2009-P176
CONCISE SUMMARY: The Office of Licensing and Registration (“OLR”) proposes to increase license fees for licensees of the following licensing programs: Board of Chiropractic Licensure, Manufactured Housing Board, Massage Therapists, and Board of Real Estate Appraisers. For all of these programs other than Massage Therapists, the license term for most license types is also reduced from two years to one year. (The license term for Massage Therapists is already one year.) OLR proposes to reduce the license term for licensees of the Board of Examiners in Physical Therapy from two years to one year and slightly reduce the license fee. OLR proposes to increase fees relating to the approval of continuing education programs for chiropractors. OLR proposes to restate the services and installations for which a state electrical permit is required. OLR proposes to increase the price of State of Maine Warranty seals, State-certified modular home seals and installation warranty seals purchased from the Manufactured Housing Board. OLR proposes to add certain fees for the inspection of HUD Code homes performed by the Manufactured Housing Board, including a preoccupancy inspection fee, newly authorized by law. OLR proposes to add a fee for the barbering and cosmetology special event services permit newly authorized by law. OLR proposes to add a fee for the Board of Pharmacy certificate of administration of drugs and immunizations newly authorized by law. OLR proposes to eliminate the fee for the oral examination for licensees of the State Board of Alcohol and Drug Counselors, as the oral examination is no longer given. OLR proposes to increase fees for license verification and for obtaining a licensee register list on diskette or CD-ROM. A complete list of fee changes is available from the agency contact person, or may be obtained on line at the link shown below.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
See www.maine.gov/professionallicensing for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  10 MRSA §§8003(2-A)(D) and (E); 10 MRSA §§9006-C, 9009(1), 9021(2-A) and 9065-A; 32 MRSA §§558, 1102-B(4), 3116-A, 6215, 13724, 13832(1), 14012-A, 14238 and 14306-G; 24 Code of Federal Regulations, Part 3286 (Manufactured Housing Board preoccupancy inspection fee for HUD Code homes).
PUBLIC HEARING:  August 10, 2009, 10:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS:  August 20, 2009
AGENCY CONTACT PERSON:  Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-8615
E-MAIL:   jeffrey.m.frankel@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Ch. II, Section 46, Psychiatric Hospital Services
PROPOSED RULE NUMBER: 2009-P177
CONCISE SUMMARY:   These proposed rules seek to permanently adopt admission eligibility and continuing eligibility criteria for hospital psychiatric unit services.  These changes will assure the efficient operation of the MaineCare program by ensuring that only individuals who are eligible receive the service. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
The Department is also removing Katie Beckett eligibility criteria from this section and consolidating it into Chapter 10, Section 3. There are no changes in Katie Beckett eligibility in this rulemaking. Consolidating the Katie Beckett eligibility into one section will achieve administrative simplification by making the criteria easier to find.
SEE http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  Title 22 MRSA, §3173
PUBLIC HEARING:  August 10, 2009, 11:00 am, Conference Room #1A-1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 3, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 21, 2009.
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-6247   FAX:  (207) 287-9369  TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Ch. II, Section 45, Hospital Services
PROPOSED RULE NUMBER: 2009-P178
CONCISE SUMMARY:  These proposed rules seek to permanently adopt admission eligibility and continuing eligibility criteria for hospital psychiatric unit services. These changes will assure the efficient operation of the MaineCare program by ensuring that only individuals who are eligible receive the service. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
The Department is removing Katie Beckett eligibility criteria from this section and consolidating it into Chapter 10, Section 3. There are no changes in Katie Beckett eligibility in this rulemaking. Consolidating the Katie Beckett eligibility into one section will achieve administrative simplification by making the criteria easier to find.
This rulemaking also proposes to require hospitals to report all rebatable physician administered drugs by National Drug Code effective January 1, 2010 in order to meet FY 2010 budget savings.
See: http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  Title 22 MRSA §3173
PUBLIC HEARING:  August 10, 2009, 3:00 pm, Conference Room #1A-1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 3, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 21, 2009
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-6427   FAX:  (207) 287-9369  TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Ch. III, Section 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2009-P179
CONCISE SUMMARY:  These proposed rules seek to permanently adopt emergency rules currently in effect that increased rates for speech and hearing agencies as directed in Maine’s FY 2010 budget.
See: http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  PL 2009, ch.213, Part RRRR
PUBLIC HEARING: August 12, 2009, 11:00 am, Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Friday, August 7, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 2, 2009
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE:  (207) 287-6427   FAX:  (207) 287-9369  TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Funeral Service
RULE TITLE OR SUBJECT:  Ch. 1, Definitions (amended), Ch. 2, Meetings and Officers of the Board (repealed), Ch. 2-A, Advisory Rules (new), Ch. 3, Educational Requirements for Licensure (amended), Ch. 4, Examination and Application for Licensure as a Practitioner of Funeral Service (repealed), Ch. 5, Practitioner Trainees (amended), Ch. 6, Reciprocal Agreements (repealed), Ch. 6-A, Pathways to Licensure as a Practitioner of Funeral Service (new), Ch. 7, Funeral Establishments (amended), Ch. 8, Health and Safety Standards (amended), Ch. 9, Complaints and Inspections (repealed), Ch. 10, General Rules/Scope of Practice (amended), Ch. 11, Annual Renewal; Continuing Education; Inactive Status (amended), Ch. 12, Transportation of Human Remains (amended), Ch. 13, Disinterment (amended), Ch. 14, Temporary Storage (amended), Ch. 15, Code of Ethics (amended), Ch. 16, Prearranged Funerals – Mortuary Trust Agreements, (amended), including Guaranteed Service Mortuary Trust Agreement (amended), Credit for Service Mortuary Trust Agreement (amended) and Life Insurance Mortuary Trust Agreement (new)
PROPOSED RULE NUMBER:  2009-P180 to P197
CONCISE SUMMARY:  This is a request for additional written comment on substantial changes to the proposed rules.
The proposed rules, among other subjects, regulate the creation and administration of mortuary trust in Maine. The rules include standard mortuary trust agreements for each of the following types of mortuary trust: guaranteed service mortuary trusts, credit for service mortuary trusts and life insurance mortuary trusts. A funeral home may not enter into a mortuary trust agreement for performance in Maine unless the agreement substantially conforms to one of the standard agreements.
As a result of comments received earlier in this rulemaking proceeding, the board proposes to permit the purchase of guaranteed service mortuary trust agreements on an installment basis. Provisions relating to installment payments and the consequences of default have been added to Chapters 1 and 16 and the standard guaranteed service mortuary trust agreement. Also in response to comments, the board proposes to increase the maximum permissible fees that funeral homes may charge in connection with guaranteed service and credit for service mortuary trust agreements. The revised fee schedule appears in Chapter 16 and in the two forms of agreement. Chapter 16 now states that a mortuary trust agreement may be guaranteed by a third party.
The board has also made a variety of changes to other rule chapters and the standard agreements in response to comments. These include: (a) a revised definition of “authorized person” in Chapter 1(2); (b) removal of the statutory requirement for public display of an establishment license in Chapter 7, Section 3; (c) revised provisions relating to the transfer of human remains in Chapter 12; (d) a restatement of practitioners’ responsibility to respect and abide by the wishes of persons responsible for the deceased in Chapter 15; (e) elimination of the annual report requirement for the guaranteed service and credit for service mortuary trust agreements; (f) elimination of the final report requirement from the guaranteed service mortuary trust agreement; and (g) allowance of additional time for the production of mortuary trust records by funeral homes.
Because many of the rule chapters are inter-related, the board will accept additional written comment on the revised proposed rules in their entirety at this time. The text of the changes to the proposed rules and an explanation of the reasons for the changes are available on OLR’s web site or may be obtained from the agency contact person.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
See www.maine.gov/professionallicensing for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §§8051 and 9001(4); 32 MRSA §§1401(2), 1451, 1501 and 1506
PUBLIC HEARING:  None
DEADLINE FOR COMMENTS:  August 21, 2009 
AGENCY CONTACT PERSON:  Jeffrey Frankel, OLR Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-8615
E-MAIL:  jeffrey.m.frankel@maine.gov



ADOPTIONS


AGENCY: 10-148 - Department of Health & Human Services, OCFS
CHAPTER NUMBER AND TITLECh. 14, Rules for Levels of Care for Foster Homes
ADOPTED RULE NUMBER: 2009-338
CONCISE SUMMARYThese rules describe the procedures and requirements for Levels of Care. Levels of Care is the process for assessing the service needs of all Maine Children currently in foster care and new children entering foster care.  The goal of Levels of Care is to have all children in foster care regularly assessed in a standardized way, both to support the appropriate level of care and service in the least restrictive setting possible and to assure that care and services delivered are supporting the goal of permanency for each child.  The proposed revisions indicate changes in procedures in the conducting of Levels of Care assessments.
EFFECTIVE DATE: July 18, 2009
AGENCY CONTACT PERSONJames Pelletier, Department of Health & Human Services, Office of Child & Family Services, 2 Anthony Avenue, Augusta, ME  04333
TELEPHONE(207) 624-7948
E-Mail: james.pelletier@maine.gov


AGENCY:  06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLECh. 305, Permit by Rule Standards
ADOPTED RULE NUMBER:  2009-339
CONCISE SUMMARYThe proposed amendments include new submission requirements in certain sections of the rule for describing and detailing the scope of proposed activities.  New standards are proposed to be added that require adherence to the descriptions and details submitted with the notification form.  Other proposed amendments include:
-limiting access ways to natural resources to paths, steps and stairs;
-eliminating riprap on the coastal shoreline as eligible for the permit by rule process;
      -adding language to the riprap definition to clarify and limit the type of rock acceptable for use;
-requiring that culverts be set fully on or in the stream bed and riprapped at both ends; and
-allowing new activities in existing developed areas in significant vernal pool habitat.
In addition, other amendments are proposed to clarify definitions and standards that would minimally, if at all, limit the applicability of the rule.
Additional information concerning this rulemaking is available at:
http://www.maine.gov/dep/blwq/rule.htm
EFFECTIVE DATE: July 15, 2009
AGENCY CONTACT PERSON: Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE(207) 287-4728
EMAIL: mike.mullen@maine.gov