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Home > Weekly Notices > December 30, 2009

December 30, 2009

WEEKLY NOTICES 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: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services
CHAPTER NUMBER AND TITLE:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children, and
Ch. 15, Rules Providing for the Licensing of Specialized Children’s Foster Homes
PROPOSED RULE NUMBER: 2009-P359 and P360
CONTACT PERSON FOR THIS FILING: Linda Brissette, DHHS , 2 Anthony Avenue, Augusta, Me 04333. Telephone: 207-624-7964. E-mail: Linda.Brissette@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: upon Request of 5 or more persons
COMMENT DEADLINE: January 29, 2010
BRIEF SUMMARY: These Rules describe the procedures and requirements for licensing of Family Foster Homes for Children and for Licensing of Specialized Children’s Foster Homes. These Rules are designed to protect the safety and well-being of children in state custody.
A review of the existing Rule indicates a need for partial amendment of Rule in order to delete phrasing in the definition of Family Foster Home for Children and in the definition of Specialized Children’s Foster Home which specifically excludes those related to foster children through blood, marriage, or adoption from providing substitute parental care. Amended Rule will not exclude kin from providing substitute parental care to relative children in a family foster home for children and in a Specialized Children’s Foster Home.
Amended Rule coincides with legislative bill submitted in December 2009 to revise statutory authority 22 MRSA §8102 definition of Children’s home and definition of Family Foster Home to allow deletion of exclusion of individuals related to foster children through blood, marriage, or adoption . Deletion of this exclusion will allow individuals related to foster children through blood, marriage, or adoption to have the same rights and responsibilities as others who apply for and are licensed as Family Foster Home Providers or as Specialized Children’s Foster Home providers.
IMPACT ON MUNICIPALITIES OR COUNTIES: This Rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §8102; 42 USC §671(a)(20)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling of Low Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2009-P361
CONTACT PERSON FOR THIS FILING: Jodie Stevens, Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633, (207) 626-4600 (telephone), (800) 452-4603 (TTY), jstevens@mainehousing.org (e-mail)
Upon sufficient notice, written materials, including without limitation the proposed Rule, will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same as Contact Person
PUBLIC HEARING: A public hearing will be held on Tuesday, January 19, 2010 at 9:30 AM at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633.
Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, January 29, 2010 at 5:00 p.m.
BRIEF SUMMARY: The proposed Rule, as amended, is the qualified allocation plan for allocating and administering the 2010 and 2011 state ceiling of low income housing tax credits for the State of Maine.
DETAILED BASIS STATEMENT / SUMMARY: The Rule is the qualified allocation plan for allocating the state ceiling of low income housing tax credits for the State of Maine (the “State Ceiling”). Maine State Housing Authority, the State’s designated housing credit agency, is proposing to modify the Rule, which is the qualified allocation plan for allocating the 2008 and 2009 State Ceiling, to establish the qualified allocation plan for allocating the 2010 and 2011 State Ceiling.
Significant changes to the Rule and from the qualified allocation plan for the 2008 and 2009 State Ceiling include the following:
(1) Excluding existing multifamily rental housing that receives Section 8 project-based rental assistance from eligibility for the 2010 and 2011 State Ceiling because funding these projects with the State Ceiling is not the most efficient use of the State Ceiling, and a more efficient source of funding the acquisition and/or rehabilitation of these projects is tax-exempt bond financing and “automatic” low income housing tax credits;
(2) establishing a mandatory site evaluation and review process to pre-determine the eligibility of projects for low income housing tax credits based on the difficulty and cost of developing a proposed site, and charging a fee of $500 to cover the cost of performing the evaluation which will be applied to the tax credit application fee;
(3) reducing the points for the below market funding criteria, and replacing the methodology for awarding points under the below market funding selection criteria with a methodology that is based on the percentage of the net present value of eligible below market funding to the total development cost of the project and reduces the amount eligible below market funding by any excess development costs as defined by MaineHousing in the criteria;
(4) modifying the smart growth selection criteria to (a) reduce the distance projects must be located from a downtown to be eligible for the maximum points, (b) combine the reuse of existing buildings or developed sites with the selection criteria for rehabilitation of existing multifamily housing in the Project Characteristics selection criteria, (c) eliminate the subcategories of additional points for being located near certain activities of daily living, such as areas of employment, schools, libraries and a bus stop, (d) recognize other forms of smart growth by replacing those subcategories with, in descending order of point value, points for the location of projects in neighborhoods with a sufficient number of activities of daily living appropriate for the population served by the project and points for the location of projects near designated pick-up locations for a fixed public transportation route, (e) establish a process for predetermining whether a project is eligible under the downtown smart growth selection criteria, and (f) specifying the supporting documentation applicants must submit to be eligible under the smart growth selection criteria;
(5) establishing a set-aside for projects that received an award of funding under MaineHousing’s Tax Credit Assistance Selection Process and Criteria so MaineHousing can expend the remaining Tax Credit Assistance Program funds it received under the American Recovery and Reinvestment Act of 2009 by the expenditure deadlines;
(6) modifying the selection criteria for projects that receive new project-based rental assistance to remove the contract term element of the selection criteria because federal agencies providing project-based rental assistance are no longer issuing long-term contracts;
(7) removing the one point selection criteria for market studies prepared by a member of the National Council of Affordable Housing Market Analysts (NCAHMA), but maintaining the requirement that all market studies must comply with the format and substance of the NCAHMA standards;
(8) eliminating the credit reservation, which has become unnecessary through the evolution of the low income housing tax credit program and changes in the federal law governing low income housing tax credits and replacing the current credit allocation fee with the fee that is historically charged at the time the credit reservation is issued;
(9) increasing the amount of the low-income housing tax credit monitoring fee to cover MaineHousing’s actual cost of monitoring tax credit projects;
(10) updating the needs analysis; and
(11) minor modifications, clarifications and grammatical changes.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4741(1), 30-A MRSA §4741(14) and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: luhl@mainehousing.org



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 342, Significant Groundwater Wells
PROPOSED RULE NUMBER: 2009-P362
CONTACT PERSON FOR THIS FILING: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799. E-mail: Hetty.L.Richardson@maine.gov . Fax: (207) 287-7826
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Contact person is the same.
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the contact person listed above, and received by the comment deadline below.
COMMENT DEADLINE: January 29, 2009 at 5:00 p.m. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the proposed rule is available upon request from the contact above, and on the web at: http://www.maine.gov/dep/blwq/rule.htm .
BRIEF SUMMARY: The proposed chapter provides a fee structure for funding contracts with third party environmental professionals to provide supplemental technical review and assessment of monitoring information related to significant groundwater wells, as required by PL 2007, ch. 399(15), as amended by PL 2009, ch. 295(4). The proposed chapter also addresses public information, pre-application and pre-submission meeting requirements associated with an application for a Natural Resources Protection Act permit for a significant groundwater well. The chapter is a routine technical rule. A copy of the proposed rule is available at: http://www.maine.gov/dep/blwq/rule.htm .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule establishes a fee to be paid by permittees of significant groundwater wells. The existing statutory definition of “significant groundwater well” excludes public water systems as defined in Title 22, section 2601, subsection 8 , except that "significant groundwater well" includes: (a) a public water system used solely to bottle water for sale; and (b) any portion of a public water system that is:
(i) Constructed on or after January 1, 2009;
(ii) Used solely to bottle water for sale; and
(iii) Not connected to another portion of the public water system through pipes intended to convey water.
For purposes of this paragraph, a public water system that is used solely to bottle water for sale includes a public water system that bottles water for sale and may provide a de minimus amount of water for other purposes, such as employee or other use, as determined by the department;
If there are public water systems or portions of systems for which the fee would be required, then the fee provided in the new rule would apply. The fee includes a base fee of $250/year, plus a fee of $50/million gallons pumped or fraction thereof.
SUMMARY FOR CHAPTER 342: The proposed chapter provides a fee structure for funding contracts with third party environmental professionals to provide supplemental technical review and assessment of monitoring information related to significant groundwater wells, as required by PL 2007, ch. 399(15), as amended by PL 2009, ch. 295(4). The proposed chapter also addresses public information, pre-application and pre-submission meeting requirements associated with an application for a Natural Resources Protection Act permit for a significant groundwater well. The chapter is a routine technical rule.
A public law required that the fee structure be set in rule by the department. The department set the amount of the fee considering factors such as the number of facilities affected, volume of water pumped, and amount of funds necessary to minimally serve the stated purpose of the public law.
The requirements for public information, pre-application, and pre-submission meetings are consistent with requirements for other significant types of projects.
STATUTORY AUTHORITY FOR THIS RULE: PL 2007, ch. 399, Sections 14 and 15; PL 2009 ch. 295, Section 3 and 4; and 38 M.R.S.A. §341-D(1-B).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Not applicable.
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 26, Day Health Services.
PROPOSED RULE NUMBER: 2009-P363
CONCISE SUMMARY: The Department is proposing to remove the modifiers TF and TG attached to the S5100 code for Day Care Services. These modifiers are no longer necessary to distinguish the three levels of care upon MIHMS implementation. Providers will only need to bill the S5100 to receive reimbursement for members at any level of care.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: A thirty (30) day comment period will be held in lieu of a public hearing unless the Department receives five or more requests for a public hearing.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 29, 2010.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 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 or Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY:
10-144 - Maine Department of Health & Human Services (DHHS), jointly with
06-096 - Maine Department of Environmental Protection (DEP)
RULE TITLE OR SUBJECT: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules
PROPOSED RULE NUMBER: 2009-364 and 365
CONCISE SUMMARY: These rules certify laboratories by use of standards for certificate approval, analytical methods and quality assurance methods. After the public hearing on October 1, 2009 and subsequent public comment period from October 1 to October 13, 2009, both DHHS and DEP, in their joint rulemaking efforts, received substantive comments, which both agencies agreed with. This re-opening of the comment period will allow for the public to review and comment on these substantive rule changes, which include, among other changes, adding a definition of “mobile laboratories”, clarifying terms for on-site inspections, adding the Resource Conservation Recovery Program and removing sample preparation technique fees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §567
PUBLIC MEETING / HEARING: None scheduled
DEADLINE FOR COMMENTS: January 29, 2010
CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Drinking Water Program – Maine CDC, 11 State House Station – Key Bank Plaza – 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680; TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov
DHHS ENVIRONMENTAL HEALTH WEBSITE: http://www.maine.gov/dhhs/eng/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov
DEP WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #02-10
PROPOSED RULE NUMBER: 2009-P366
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: January 22, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 22, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. E-mail: Tim.Drake@Maine.gov . Telephone: (207) 287-7521



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 45, Hospital Services
PROPOSED RULE NUMBER: 2009-P367
CONCISE SUMMARY: These proposed rules seek to add admission eligibility and continuing eligibility criteria for hospital detoxification services. The Department needs to ensure that MaineCare services are delivered only to individuals who are eligible for those services. These changes will assure the efficient operation of the MaineCare program. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
These proposed rules also seek to remove specifics in billing instructions and reporting of rebatable drugs in favor of listing those specifics on the DHHS website. These changes would consolidate those instructions to one location.
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 §42, §3173
PUBLIC HEARING: January 20, 2010, 10:00 a.m., 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 January 8, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 31, 2010.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@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 Section 46, Psychiatric Hospital Services
PROPOSED RULE NUMBER: 2009-P368
CONCISE SUMMARY: These proposed rules seek to add admission eligibility and continuing eligibility criteria for psychiatric hospital detoxification services and developmental disorders unit services. The Department needs to ensure that MaineCare services are delivered only to individuals who are eligible for those services. These changes will assure the efficient operation of the MaineCare program. Further, the administrative burden of utilization review will be lessened if the admission and continuing eligibility criteria are clear from the beginning.
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 §42 §3173
PUBLIC HEARING: January 20, 2010, 1:00 p.m., 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 January 8, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 31, 2010.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
PROPOSED RULE NUMBER: 2009-P369
CONTACT PERSON FOR THIS FILING: Anne Flanagan, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine 04333. Telephone: (207) 287-9300 – 1 (800) 791-4080. TTY 1 (800) 606-0215. Fax: (207) 287-5815. E-mail: Anne.Flanagan@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: same
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
COMMENT DEADLINE: January 30, 2010 at 5 pm.
BRIEF SUMMARY: The amended rule includes the following changes: adds new definitions including definitions of root cause analysis, immediate jeopardy, and near miss; amends the definition of sentinel events to include the list of serious and preventable events identified by the National Quality Forum; requires standardized training of providers and staff, reporting and notification procedures; and Appendix I incorporates by reference “Table 1 – List of Serious Reportable Events, pages 7-16” of the National Quality Forum (NQF), Serious Reportable Events in Healthcare – 2006 Update: A Consensus Report. Proposed rules available on line at: http://www.maine.gov/dhhs/dlrs/public_hearings/home.html
DETAILED BASIS STATEMENT / SUMMARY: To reduce medical errors and improve patient safety, the Maine Legislature enacted Public Law 2009, Chapter 358 which amended the Sentinel Events Reporting statute, 22 MRSA Chapter 1684. The rules have been amended to incorporate the changes. The amended rule includes the following changes:
* New definitions including definitions of root cause analysis, immediate jeopardy, and near miss;
* The definition of sentinel events is amended to include the list of serious and preventable events identified by the National Quality Forum;
* Requires standardized training of providers and staff, reporting and notification procedures;
* The penalty for failure to report a sentinel event is increased from not more than $5000 to not more than $10,000; and
* Appendix I incorporates by reference “Table 1 – List of Serious Reportable Events, pages 7-16” of the National Quality Forum (NQF), Serious Reportable Events in Healthcare – 2006 Update: A Consensus Report.
The amended rules are available on line at: http://www.maine.gov/dhhs/dlrs/public_hearings/home.html .
To request a paper copy of the rules, please call (207) 287-9300 or 1 (800) 791-4080.
STATUTORY AUTHORITY: 22 MRSA Ch. 405 and 1684; 22 MRSA §42; 22-A MRSA §205
IMPACT ON MUNICIPALITIES OR COUNTIES: none
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Maine Public Law 2009, Chapter 358.
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: same as contact person above



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 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2009-P370
CONCISE SUMMARY: The Proposed rule adds a new provision under “reimbursement” which sets forth the Department’s legal obligations for individuals who are eligible for Medicare, some of whom are also eligible for Medicaid (QMB only, QMB plus and non QMBs). This section complies with federal regulations on Medicare cost sharing. Also, the Department intends to transition to a new information system, MIHMS in 2010, with 30 days notice to providers. Upon implementation of MIHMS, the Department proposes to delete the current local billing codes in Chapter III, Table 1, and replace them with the codes in Chapter III, Table 2 to become compliant with Federal HIPAA regulations. Further the Department proposes requiring providers to bill services, including documenting the type of visit, diagnoses and procedures on the UB04 claim form, which will replace the CMS 1500 form.
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: 42 USC §1396a(a)(10)(E); §1396a(n)(2); §1396d(p)
PUBLIC HEARING: A public hearing will not be held unless requested by 5 or more person(s).
DEADLINE FOR COMMENTS: Comments must be received by midnight January 29, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner II, 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
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 2009-P371
CONCISE SUMMARY: Per statutory requirement, 32 MRSA §2102, 2-A, this clarifies that advanced practice registered nurses must maintain a continuous certification/recertification, submit documentation before the certification/recertification expires, and what board action may be taken in the event that an advanced practice registered nurse does not comply with certification rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §2102, 2-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 29, 2009
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Virginia.E.deLorimier@Maine.gov .
URL: http://www.maine.gov/boardofnursing/


ADOPTIONS: notices are deferred until Wednesday, January 6, 2010.