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Home > Weekly Notices > February 17, 2010

February 17, 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.


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: MaineCare Policy #251P, Repeal of the Asset Transfer Penalty for Help with Assistance for Room and Board in Residential Care Settings and Clarification of Pooled Disability Trust
PROPOSED RULE NUMBER: 2010-P35
CONCISE SUMMARY: This Proposed rule repeals the portions of the MaineCare Eligibility Manual which gave the Department the ability to assess a transfer penalty on a MaineCare applicant who transferred assets for less than fair market value prior to applying for assistance with the costs of room and board in a residential care setting. The ability to impose a penalty on an applicant seeking assistance with nursing home level of care remains in effect. This proposed rule would make permanent a previously enacted Emergency rule.
The change in the Pooled Disability Trust section will insure that beneficiaries over the age of 65 will not be denied eligibility due to assets contained in the trust.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173, 22 MRSA §3174, 22 MRSA §3174-A, American Recovery and Reinvestment Act of 2009, Section 5001, PL 111-5, 42 U.S.C. §1396p(c), 42 U.S.C. §1396p(d)(4)(C)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 19, 2010
AGENCY CONTACT PERSON Bethany Hamm, Program and Policy Director, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-3931. TTY: (800)-606-0215 (Deaf/Hard of Hearing). E-mail: Bethany.Hamm@Maine.gov .
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. (New), Rules for the Transportation Planning Incentive Program
PROPOSED RULE NUMBER: 2010-P36
CONTACT PERSON FOR THIS FILING: Dan Stewart, Maine Department of Transportation, Bureau of Transportation Systems Planning, 16 State House Station, Augusta, ME 04333-0016. Telephone: (207) 624-3252. E-mail: Dan.Stewart@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: same
PUBLIC HEARING: No public hearing will be held unless requested in accordance with the requirements of 5 MRSA §8052(1).
COMMENT DEADLINE: Wednesday, March 24, 2010 at 5:00 p.m.
BRIEF SUMMARY: This Rule establishes a procedural process whereby applicants for funding under the Maine Department of Transportation’s competitive Quality Community Program may earn incentive bonus points by adopting and enforcing relevant ordinances in accordance with an approved Community Transportation Plan adopted pursuant to the Growth Management Act and/or the Sensible Transportation Policy Act. It is designed to encourage sound transportation planning and protect the integrity of regional transportation systems and thereby prevent or reduce the need for costly future capacity or retrofitting expenditures associated with unmanaged development along state transportation corridors.
IMPACT ON MUNICIPALITIES OR COUNTIES: This initiative is intended to provide financial assistance to communities, therefore any fiscal impact on those communities who choose to participate would be positive.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA §73-A; 23 MRSA §52; 23 MRSA §4206(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
URL: http://www.maine.gov/mdot/
DOT RULE-MAKING LIAISON: Nina.A.Fisher@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2010-P37
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for commercial whitewater rafting that does the following: establish the order of launch for 2010; add a 3.5 mile stretch of the South Branch of the Penobscot River to the definition of “rapidly flowing river”; establish length requirements for rafts on the Magalloway River, Rapid River, and South Branch of the Penobscot; clarify the criteria for the 5-year allocation review process; require rental rafts used by private persons to cover display numbers to separate them from commercial rafts; and clean up language, without making substantive changes, to a couple of sections of the rule.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
PUBLIC HEARING: March 10, 2010 @ 6:30 p.m. – Quimby Elementary School, Main Street, Bingham, ME
DEADLINE FOR COMMENTS: March 22, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL:http://www.maine.gov/ifw/


ADOPTIONS



AGENCY: 19-100 - Department of Economic & Community Development (DECD)
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zones Program Rule
ADOPTED RULE NUMBER: 2010-26
CONCISE SUMMARY: To amend the existing Pine Tree Development Zones Rule to align with legislation as enacted by the 124th Legislature. Legislation modified geographic requirements of the original program design; extended eligibility statewide; redefined “manufacturing” and redirected reporting requirements under a comprehensive model. The rule changes eliminate procedures and requirements no longer in effect and clarify administrative procedures and criteria for certification to align with statutory changes. All other sections and eligibility requirements remain unchanged.
EFFECTIVE DATE: February 10, 2010
AGENCY CONTACT PERSON: Judith Bielecki, Development Project Officer, Department of Economic & Community Development, 59 State House Station, Augusta, ME 04333. Telephone: (207) 624-7457. E-mail: Judith.Bielecki@Maine.gov
URL: http://www.econdevmaine.com/



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 325, Community-Based Renewable Energy Pilot Program
ADOPTED RULE NUMBER: 2010-27
CONCISE SUMMARY: The Commission adopts rules to implement legislation (P.L. 2009, ch. 329) establishing a community-based renewable energy pilot program to encourage the sustainable development of community-based renewable energy by providing incentives for the development of these projects. These projects must be "locally owned electricity generating facilities," which means that 51% or more of the facility must be owned by "qualifying local owners." The facilities must not exceed 10 MW.
EFFECTIVE: February 13 2010
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov
URL: http://www.maine.gov/mpuc/



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 26, Day Health Services
ADOPTED RULE NUMBER: 2010-28
CONCISE SUMMARY: The Department adopts changes in Ch. III of Section 26, Day Health Services. Specifically, the TF and TG modifiers attached to the S5100 code for Day Care Services are removed. These modifiers are no longer necessary to distinguish the three levels of care upon MIHMS implementation. As a result, providers will only need to bill the S5100 to receive reimbursement for members at any level of care. These changes do not impose any cost municipalities or counties and do not impose any administrative burden on small businesses with twenty (20) or fewer employees. Although these rules are effective on March 1, 2010, these rules will not be implemented until MIHMS. Until MIHMS implementation, providers should continue to bill MECMS with the current three codes. Providers will be notified at least 30-days in advance of implementing the new claims system.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/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 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 29, Community Support Benefits for Members with Mental Retardation and Autistic Disorder
ADOPTED RULE NUMBER: 2010-29
CONCISE SUMMARY: The adopted rules eliminate the Behavioral Add-on rate enhancement for providers of Community Support, Employment Specialist and Work Support Services. Additionally, the rates for Community Support, Employment Support Specialist and Work Support Services were reduced by eight cents ($0.08) per unit. This change is to conform with the current rates for these services under § 21, Ch. III, Home and Community Benefits for Members with Mental Retardation of Autistic Disorder.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@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. 101, MaineCare Benefits Manual: Ch. II & III Section 102, Rehabilitative Services
ADOPTED RULE NUMBER: 2010-30
CONCISE SUMMARY: The adopted rules specify renamed and defined services to clarify and reorganize services for better applicability and to allow for flexible patient centered care in Ch. II. Additionally, Ch. III has been recoded in a manner consistent with HIPAA compliant coding.
Services have been realigned from a level system to a concurrent provision system. The final rule redesign allows a member to receive one of four services concurrently up to 18 hours a week, allowing for a more effective and efficient service delivery.
The new services are Clinical Assessment and Reassessment, which was formerly Clinical Evaluation. Level I Intensive Rehabilitative Services was replaced by Intensive Integrated Neurorehabilitation. Group services will no longer be reimbursed. Level II Post Acute Rehabilitative Services was replaced by Neurobehavioral Rehabilitation, with one-on-one (1:1), group and family services. And lastly, Level III Day Health Rehabilitative Services were replaced by Self Care/Home Management and Community/Work reintegration, with group services. Other routine and technical changes have been made to the proposed rule.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@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. 101, MaineCare Benefits Manual: Ch. IV, Restriction Plans
ADOPTED RULE NUMBER: 2010-31
CONCISE SUMMARY: The adopted rules restructure the restriction plans from two to four plans to improve the health care of MaineCare members and to integrate Member Lock-In plans with the new MaineCare claims system, Maine Integrated Health Management System (MIHMS). Lock-In type 1 requires a member to be restricted to a designated Primary Care Physician, a Hospital, a Prescriber, a Pharmacy and any other applicable health care professional. Lock-In type 2 restricts the member to one or multiple types of health care providers. Lock-In type 3 restricts the member to one or multiple specific prescriber(s) for their prescriptions. Lock-In type 4 restricts the member from being able to obtain a specific drug category (class). Additionally, the rule was renamed and technical corrections were done.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 103, Qualified Domestic Relations Orders
ADOPTED RULE NUMBER: 2010-32
CONCISE SUMMARY: This rule provides the means of implementing the statute relating to qualified domestic relations orders. The amendment to this rule makes clear that the requirements of Internal Revenue Code Section 414(p) will be followed in the administration of benefits paid under a qualified domestic relations order. The amendment to the rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
CHAPTER NUMBER AND TITLE: Ch. 303, Actuarial Factors Tables
ADOPTED RULE NUMBER: 2010-33
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.
CHAPTER NUMBER AND TITLE: Ch. 411, Eligible Rollover Distributions
ADOPTED RULE NUMBER: 2010-34
CONCISE SUMMARY: The rule establishes a member’s right to have an eligible rollover distribution paid directly to another eligible retirement plan pursuant to Internal Revenue Code Section 401(a)(31). The rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
CHAPTER NUMBER AND TITLE: Ch. 412, Limitations on Compensation
ADOPTED RULE NUMBER: 2010-35
CONCISE SUMMARY: The rule establishes a limit on the amount of a member’s compensation that may be taken into account when computing employee and employer contributions pursuant to Internal Revenue Code Section 401(a)(17). The rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
CHAPTER NUMBER AND TITLE: Ch. 413, Limitations on Contributions and Benefits
ADOPTED RULE NUMBER: 2010-36
CONCISE SUMMARY: The rule establishes a limit on member contributions paid to and retirement benefits that can be paid from a retirement program pursuant to Internal Revenue Code Section 415. This rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
CHAPTER NUMBER AND TITLE: Ch. 415, Contributions, Benefits and Service Credit with Respect to Qualified Military Services
ADOPTED RULE NUMBER: 2010-37
CONCISE SUMMARY: The rule will govern how contributions, benefits and service credit is provided to members with qualified military service pursuant to Internal Revenue Code Section 414(u). The rule is required in order to bring the defined benefit plans administered by MainePERS into compliance with the Internal Revenue Code in order to maintain qualified plan status.
EFFECTIVE DATE: February 14, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@Mainepers.org
URL: www.mainepers.org