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Home > Weekly Notices > June 2, 2010

June 2, 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 MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2010-P123
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II Section 68, Occupational Therapy Services. This proposed rule seeks to achieve a number of goals to facilitate the delivery of occupational therapy services in school settings, specifically:
* allow services to be ordered by a practitioner of the healing arts,
* remove the maximum limit of two (2) visits per year for sensory integration for members under age twenty-one (21),
* establish schools as an eligible provider, and
* remove the requirement that a physician or primary care provider sign a member’s plan of care every three (3) months for members under age twenty-one (21).
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: June 21, 2010, 9:00 a.m., Conference Room 2, Department of Health and Human Services, Office of MaineCare 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 before June 14, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight on July 1, 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) 423-4331 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 (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2010-P124
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II, Section 85, Physical Therapy Services. This proposed rule seeks to achieve a number of goals to facilitate the delivery of physical therapy services in school settings, specifically:
* allow services to be ordered by a practitioner of the healing arts,
* remove the maximum limit of two (2) visits per year for sensory integration for members under age twenty-one (21),
* establish schools as an eligible provider, and
* remove the requirement that a physician or primary care provider sign a member’s plan of care every three (3) months for members under age twenty-one (21).
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: June 21, 2010, 10:00 a.m., Conference Room 2, Department of Health and Human Services, Office of MaineCare 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 before June 14, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight on July 1, 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) 423-4331 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 (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2010-P125
CONCISE SUMMARY: These proposed rules seek to achieve a number of goals to facilitate the delivery of Speech and Hearing services in school settings, specifically:
1. allow services to be ordered by a practitioner of the healing arts,
2. establish schools as an approved setting for the delivery of services,
3. authorize speech and language clinicians holding a Certificate 293 to deliver services, and
4. other minor, technical corrections.
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: June 21, 2010, 11:00 a.m., Conference Room 2, 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 June 14, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight on July 1, 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) 423-4331 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: Department of Health and Human Services(DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 500, Rules Governing the Maine Certification of Healthcare Cooperative Agreements
PROPOSED RULE NUMBER: 2010-P126
CONTACT PERSON FOR THIS FILING:. Phyllis Powell, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; 1 (800) 791-4080. TTY 1 (800) 606-0215. Fax (207) 287-5807. E-mail: Phyllis.Powell@Maing.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: same
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons
COMMENT DEADLINE: Tuesday, July 6, 2010 at 5 p.m..
BRIEF SUMMARY: These rules repeal and replace the “Hospital Cooperation Act Program Manual.” These rules establish a voluntary procedure for state review and continuing supervision of cooperative agreements through the issuance of a certificate of public advantage (COPA). It is the intent of the Maine Legislature that a certificate provides parties to a cooperative agreement with state action immunity under applicable federal antitrust laws. The rules include an application process for a certificate of public advantage, continuing supervision after the certificate is issued to ensure ongoing compliance with COPA requirements, and enforcement procedures. The proposed rules are posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml . To request a paper copy of the proposed rule, please call 207 287-9300.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 405-A, 22 MRSA §42, 22-A MRSA §205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Maine Public Law 2005, Ch. 670.
URL: http://www.maine.gov/dhhs/dlrs/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #07-10
PROPOSED RULE NUMBER: 2010-P127
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: June 18, 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: June 18, 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 Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual: Rule #253, Health Insurance Purchase Option (HIPO) for Children under Age 19 (Part 3, Section 4.5.4; Part 3, Section 2, VI; Part 5, Section 8,V)
PROPOSED RULE NUMBER: 2010-P128
CONCISE SUMMARY: The eligibility rules for the Health Insurance Purchase Option (HIPO) are being added to the MaineCare Eligibility Manual. This program provides 18 months of extended MaineCare coverage to children under the age of 19 who are found to be over income for MaineCare or Cub Care at the time of reapplication. The Office of Integrated Access and Support determines eligibility for HIPO.
This rule will have no effect on the administrative burdens of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and §3174, and 22 MRSA §3174-T(2)(E)
PUBLIC HEARING: None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: Comments must be received by midnight July 9, 2010.
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, 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) 287-4076. TTY: (800)-606-0215 (Deaf/Hard of Hearing). E-mail: Doreen.McDaniel@Maine.gov .
URL: http://www.maine.gov/dhhs/OIAS/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@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. II and III Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2010-P129
CONCISE SUMMARY: In this rulemaking, the Department proposes changes to Ch. II and III Section 13, Targeted Case Management Services. The Changes in Ch. II Section 13 will eliminate a target group “Members with Long Term Care Needs” from the eligibility under the Rule. These Members can receive comparables services under several other sections of MaineCare policy, including Home and Community Based Waivers. In addition in Ch. II Section 13, the Department clarifies that Members receiving care coordination under the waiver “Benefits for People Living with HIV” may not additionally get Targeted Case Management under Section 13. In Ch. III Section 13 the Department proposes to change the Unit of Service for billing for several target groups and recalculate the Maximum Allowances accordingly.
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: June 23, 2010 from 10:00 a.m. to 12:00 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 June 21, 2010.
COMMENT DEADLINE: July 5, 2010.
AGENCY CONTACT PERSON: Margaret Brown, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Margaret.Brown@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2010-207
CONCISE SUMMARY: In accordance with Title 12 MRSA §11152, the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2010 regular deer hunting, youth deer hunting day, archery, and special muzzle-loading seasons. This establishes specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 – 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 645 permits
WMD 13 - 490 permits
WMD 14 - 0 permits
WMD 15 - 4,210 permits
WMD 16 – 5,400 permits
WMD 17 – 3,500 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 4,400 permits
WMD 21 – 5,670 permits
WMD 22 – 5,530 permits
WMD 23 – 7,800 permits
WMD 24 – 2,680 permits
WMD 25 – 5,900 permits
WMD 26 – 2,000 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 48,825
All other antlerless deer regulations in effect in 2009 shall remain the same, including the provision that during the regular archery season, it shall be unlawful to take or hunt antlerless deer in a Wildlife Management District that does not have any-deer permits allocated to that district, including archery deer hunting season and youth deer hunting day.
EFFECTIVE DATE: May 30, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-10
ADOPTED RULE NUMBER: 2010-208
CONCISE SUMMARY: Minimum June 2010 Class I price is $18.53/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.17/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: May 30, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augustam, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov
URL: http://www.maine.gov/agriculture/mmc/index.shtml



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 101, Earnable Compensation and Calculation of Average Final Compensation
ADOPTED RULE NUMBER: 2010-209
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule was amended to: 1) change the title of the rule; 2) incorporate the statutory definition of earnable compensation; 3) incorporate the substance from Ch. 403, proposed to be repealed; 4) remove a section on service credit for certain activities, proposed to be incorporated into Ch. 404, the comprehensive rule that governs service credit; 5) incorporate statutory changes not previously updated in the rule; 6) make the treatment of unused sick and vacation leave consistent with other service credit determinations; and 7) update and clarify language throughout the rule.
CHAPTER NUMBER AND TITLE: Ch. 403, Crediting of Sick Leave under 5 MRSA §1094 sub-§16
ADOPTED RULE NUMBER: 2010-210
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule was repealed and the substance of the rule is incorporated into proposed rule Ch. 101, the comprehensive rule that governs earnable compensation and average final compensation matters.
CHAPTER NUMBER AND TITLE: Ch. 404, Membership and Creditable Service – Public School Teachers
ADOPTED RULE NUMBER: 2010-211
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is was amended to: 1) incorporate language regarding service credit for certain activities, proposed to be removed from Ch. 101; and 2) clarify language throughout the rule to reflect that service credit for teachers is granted consistent with the manner in which compensation is paid and normal work schedules are established.
EFFECTIVE DATE: May 30, 2010
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. E-mail: Kathy.Morin@mainepers.org
URL: http://www.mainepers.org/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2010-212
CONCISE SUMMARY: The Department adopts these rules in order to comply with the new Maine Integrated Health Management System (MIHMS) that requires fee for service reimbursement methodology and HIPAA-compliant codes. The Department expands covered services under this Section to include care coordination and skills training. This is a result of eliminating long-term care targeted case management as a covered service from Section 13, Targeted Case Management Services. These services have formerly been billed as a per member/per month fee. Additionally, the Department adopts limits for billable hours for each service. Chapter III contains three HIPAA-compliant codes for billing care coordination, skills training, and attendant care services. The Department made the following changes to the final rule as a result of public comment to these rules or comments to other sections: elimination of the requirement for an assessment at 6 months, clarification of conflict of interest language in the Service Coordination Agency definition, clarification that initial skills training must occur within 30 days of receipt of the MED assessment. The Department also finds that, as of the date of adoption of this rule, MIHMS has not yet been implemented. This finding requires an adjustment in the effective date, as set forth below.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: Effective with MIHMS implementation. Providers will be notified at least thirty (30) days in advance of MIHMS implementation. Notice will also be provided to the Secretary of State as required by 5 MRSA §8052(6)
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch II Section 90, Physician’s Services
ADOPTED RULE NUMBER: 2010-213
CONCISE SUMMARY: The Department gives notice of a final rulemaking: MaineCare Benefits Manual, Ch. 101 Section 90, Physician’s Services Ch II. This rulemaking formally adopts an Emergency rule effective March 1, 2010. The Department has increased the MaineCare reimbursement rate for non-hospital based physician services from 56.94% to 70% retroactive to March 1, 2010. This increase will not include reimbursement for procedures performed by radiologists, radiation oncologists, and pathologists, who currently receive a higher rate of reimbursement. No procedure codes are decreased as a result of this rulemaking. Furthermore, this increase does not apply to other sections of policy within the MaineCare Benefits Manual, Chapter 101. Providers can visit the Office of MaineCare’s website for the current fee schedule. The fee schedule can be found at http://portalxw.bisoex.state.me.us/oms/proc/pub_proc.asp?cf=mm.
No adverse impact on small businesses is anticipated from adoption of this rule.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 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



AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 2, Standards for Qualifications of Assigned Counsel
ADOPTED RULE NUMBER: 2010-214
CONCISE SUMMARY This chapter establishes the standards prescribing minimum experience, training and other qualifications for contract counsel and assigned counsel to be eligible to accept appointments to represent indigent people who are eligible for a constitutionally required attorney.
EFFECTIVE DATE: June 25, 2010
AGENCY CONTACT PERSON: Ronald W. Schneider, Jr., Esq., Maine Commission on Indigent Legal Services, Bernstein Shur, P.O. Box 9729, Portland, ME 04104. Telephone: (207) 774-1200. E-mail: RSchneider@bernsteinshur.com
URL: http://www.maine.gov/mcils/