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Home > Weekly Notices > January 6, 2010

January 6, 2010

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.


NOTICES


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By January 30, 2010, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 25, 2010
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
FAX: (207) 287-6545
E-MAIL: Don.Wismer@Maine.gov


PROPOSALS


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 80, Pharmacy Services
PROPOSED RULE NUMBER: 2009-P372
CONCISE SUMMARY: The Department is proposing changes to MaineCare Benefits Manual, Ch. II Section 80, Pharmacy Services. MaineCare is proposing to retroactively increase reimbursement for administration of seasonal flu vaccines (H1N1) and other immunizations allowed under 32 MRSA §13831 for licensed Maine pharmacists effective October 1, 2009. MaineCare will reimburse $5 per vaccination for administration of these vaccines. Furthermore, retroactive to November 1, 2009, MaineCare pharmacies who compound the drug Tamiflu for MaineCare children and other MaineCare members where there is a medical need and where the pharmacy is unable to provide Tamiflu Suspension will receive a $10.00 compounding fee. This is so that MaineCare children are not denied access to a medically necessary antiviral during this flu season.
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
PUBLIC HEARING: January 25, 2010, Conference Room #2, 10 a.m., 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 20, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 4, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, 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/Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 235, Annual Audited Financial Statements
ADOPTED RULE NUMBER: 2009-682
CONCISE SUMMARY Consistent with amendments to the NAIC Model Act, the amendments to the current rule incorporate changes to strengthen insurance company auditor independence and corporate responsibility standards for internal controls for audit-related matters. It also adjusts previous standards for consistency with the federal Sarbanes-Oxley Act.
CHAPTER NUMBER AND TITLE: Ch. 945, Annual Report Supplement for Health Insurers
ADOPTED RULE NUMBER: 2009-683
CONCISE SUMMARY: This amendment recognizes the statutory change from the Dirigo savings offset payment to the Dirigo access payment and makes other miscellaneous changes
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Pat Galouch, 34 State House Station, Augusta, ME 04333 .Telephone: (207) 624-8537. E-mail: Pat.Galouch@Maine.gov .
URL: http://www.maine.gov/pfr/insurance/
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2009-684
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing an additional week of moose hunting in WMDs 2, 3, 6, and 11 to begin on the 1st Monday of November and remain open for 6 days.
EFFECTIVE DATE: December 28, 2009
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 25, Dental Services
ADOPTED RULE NUMBER: 2009-685
CONCISE SUMMARY: The Department of Health and Human Services is adopting changes to the MaineCare Benefits Manual, Ch. II and III Section 25, Dental Services. The Department amended language in sub-section 25.03-2 (G) for Tobacco Cessation Counseling to be consistent with the language in Ch. III Section 90, Physician’s Services. The Department is also adopting new language in sub-section 25.04-1 For Adult Dental Care Requirements. The language clarifies criteria for imminent tooth loss. Furthermore, the Department is removing Appendix III-Supplemental Payment to General Dentists. Instead, the Department is increasing the reimbursement for selected dental codes in Ch. III of this Policy.
The rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. The rulemaking has no adverse impact on small business, as all providers impacted by these rules employ more than twenty employees.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy and Performance, 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/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: 02-331 - Department of Professional and Financial Regulation, Office of Licensing and Registration, State Board of Funeral Service
CHAPTER NUMBER AND TITLE:
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)
ADOPTED RULE NUMBER: 2009-686 thru 703
CONCISE SUMMARY: The State Board of Funeral Service substantially revised its entire body of rules. The adopted rules: (a) change the training and education requirements for practitioner licensure, (b) describe obligations of funeral establishments regarding branch locations, changes in ownership and the license in charge; (c) describe the scope of practice of funeral attendants; (d) provide for a new life insurance mortuary trust; (e) emphasize that a funeral practitioner has the obligations of a trustee with respect to mortuary trust funds or insurance proceeds; (f) increase the maximum permissible fees that may be charged in connection with mortuary trusts; (g) provide for replacing a credit for service mortuary trust agreement with a guaranteed service mortuary trust agreement; (h) require that a guaranteed service mortuary trust agreement must be paid in full at time of execution and contain an absolute guarantee; and (i) permit a credit for service mortuary trust agreement to be paid in installments and/or contain a conditional guarantee. In addition, the board amended the Guaranteed Service Mortuary Trust Agreement and Credit for Service Mortuary Trust Agreement and adopted a new Life Insurance Mortuary Trust Agreement.
EFFECTIVE DATE: December 26, 2009 except Ch. 16, which is 120 days from filing
AGENCY CONTACT PERSON: Torrey Gray, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov .
TELEPHONE: (207) 624-8420
URL: http://www.maine.gov/pfr/professionallicensing/professions/funeral/index.htm



AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2009-704
CONCISE SUMMARY: Title 32 MRSA §14028 requires licensees to comply with the Uniform Standards of Appraisal Practice ("USPAP"). The amendment to Ch. 240 identifies the current edition of the USPAP with which licensees shall comply.
A copy of the statement of impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
EFFECTIVE DATE: January 1, 2010
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator, Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
URL: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.htm



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-10
ADOPTED RULE NUMBER: 2009-705
CONCISE SUMMARY: Minimum January 2010 Class I price is $18.28/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $22.99/cwt. 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: January 3, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 29-255 - Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
ADOPTED RULE NUMBER: 2009-706
CONCISE SUMMARY: Adds a definition for the term “non-record”; clarifies the compliance responsibilities of quasi-municipal organizations; clarifies approved media formats for record storage; adjusts retention periods for certain records, and adds records not previously listed. Also allows alternative local records repositories to house confidential records if certain conditions are met.
EFFECTIVE DATE: May 1, 2010
AGENCY CONTACT PERSON: Nina M. Osier, Maine State Archives, 84 State House, Augusta, ME 04333-0084. Telephone: (207) 287-5799. E-mail: Nina.Osier@Maine.gov
URL: http://www.maine.gov/sos/arc/



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources, Division of Plant Industry
CHAPTER NUMBER AND TITLE: Ch. 271, Gypsy Moth Quarantine
ADOPTED RULE NUMBER: 2009-707
CONCISE SUMMARY: This rule establishes a state quarantine against the gypsy moth to prevent its movement from all counties except parts of Aroostook, Franklin, Oxford, Penobscot, Piscataquis and Somerset Counties to other parts of the State, in order to protect Maine's forest and landscape tree resources. The Gypsy moth is federally regulated and this rule fulfills the requirement that Maine must have a similar state quarantine in place because the state is partially regulated for gypsy moth.
CHAPTER NUMBER AND TITLE: Ch. 272, European Larch Canker Quarantine
ADOPTED RULE NUMBER: 2009-708
CONCISE SUMMARY: This rule establishes a state quarantine against the European larch canker to prevent its movement from parts of Hancock and Washington counties to other parts of the State, in order to protect Maine's forest and landscape tree resources. The European larch canker is federally regulated and this rule fulfills the requirement that Maine must have a similar state quarantine in place because the state is partially regulated for European larch canker.
EFFECTIVE DATE: January 2, 2010
AGENCY CONTACT PERSON: E. Ann Gibbs, State Horticulturist, Division of Plant Industry, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-3891. E-mail: Ann.Gibbs@Maine.gov.
URL: http://www.maine.gov/agriculture/pi/
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 314, Amendment 5: Regional Economic Development Revolving Loan Program
ADOPTED RULE NUMBER: 2009-709
CONCISE SUMMARY: The amendment incorporates changes mandated by PL 2009 Ch. 131, which (a) Increased the maximum amount of funds available to applicants for loans to eligible borrowers from $2,500,000 to $3,500,000; (b) Increased the maximum loan amount to borrowers from $200,000 to $250,000 for other than quality child care projects; (c) Increased the loan amount at or above which approval of the Authority is required from $100,000 to $150,000; (d) Increased the amount of loans or portions of loans to quality child care projects that may be used for lead abatement from $5,000 to $15,000; (e) Provided that, in addition to loans for quality child care projects, loans of less than $50,000 may be for the total amount of new funds being provided to a borrower and loans of $50,000 to $100,000 (except quality child care projects) may not exceed 1/2 of net new funds and loans over $100,000 may not exceed 1/3 of net new funds; and (f) Made changes to the criteria for eligible borrowers and projects and provided that until June 30, 2010, a project or borrower that is eligible for loan insurance under 10 MRSA §1026-A is also eligible for financial assistance under this program.
EFFECTIVE DATE: January 3, 2010
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine (FAME), 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com
URL: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com



AGENCY: 16-222 - Maine Department of Public Safety, Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2009-710
CONCISE SUMMARY: This chapter, which applies to any interstate or intrastate common, contract, and private motor carrier that transports passengers or property in Maine, will ensure that Maine commercial vehicle rules remain current with the rest of the nation and that Maine's roads are safe for the traveling public.
Copies of the Federal rules adopted and incorporated by reference into Ch. 4 with and without State of Maine amendments, may be obtained from the following agencies:
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402
Maine Department of Public Safety, Maine State Police, 20 State House Station, Augusta, ME 04333-0020
EFFECTIVE DATE: January 3, 2010
AGENCY CONTACT PERSON: Lt. Thomas E. Kelly, Maine State Police, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7200. E-mail: Thomas.E.Kelly@Maine.gov .
URL: http://www.maine.gov/dps/msp/
STATE POLICE RULE-MAKING LIAISON: Christopher.Parr@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE Ch. 301, Food Supplement Program: Approved Policy Rev. #167A, Increase in Income Limits, Maximum Allotments, Standard Deductions, and Excess Shelter Deduction
ADOPTED RULE NUMBER: 2009-711
CONCISE SUMMARY: This policy reflects the annual increases in income limits, maximum monthly benefits, the standard deduction for all household sizes, and the excess shelter deduction. This rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: October 1, 2009
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
URL: http://www.maine.gov/dhhs/OIAS/foodstamps/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2009-712
CONCISE SUMMARY: The Department is adopting changes to its reimbursement methodology so that it will reimburse for DME/Medical Supplies as follows: (1) For DME/medical supplies that are not “miscellaneous DME/medical supplies” or made available through an exclusive contract with the Department, providers will be reimbursed at the lower of: the Medicare rate, the provider’s usual and customary charge or a MaineCare fee schedule published on the Department’s website. (2) For DME/medical supplies, which contains the phrase “miscellaneous,” “accessories,” "not otherwise specified" or "not otherwise classified" in its description, MaineCare will reimburse at either the Manufacturers’ Suggested Retail Price (MSRP) minus twenty percent (20%) or in cases where there is no listed MSRP, providers will be paid their Usual and Customary Charges minus thirty percent (30%). (3) Where the Department has entered into a contract with a supplier, the Department will reimburse based on the priced contained in the contract.
In addition, the Department (1) will no longer provide coverage for non-sterile wipes for all MaineCare members; (2) is placing limits on pressure mattress pads, commodes, walkers, pneumonic compressor devices, apenea monitors, etc., (3) is defining criteria for reclining wheelchairs; (4) is clarifying standards for phototherapy for the treatment of seasonal affective disorder; and (5) is reducing the amount of allowable incontinence supplies.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 4, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy and Performance, 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/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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits (Emergency)
ADOPTED RULE NUMBER: 2009-713
CONCISE SUMMARY: In order to comply with the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.40 to $2.50 per prescription. This emergency rule is required to continue to cover the full co-pay consistent with the new federal guidelines. The Part D Wrap Benefit covers this co-payment for eligible beneficiaries. The new co-pay amount is reflected in the Appendix to this rule.
This rule change is not expected to impose administrative costs on small businesses.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1,2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 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/Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov