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Home > Weekly Notices > July 7, 2010

July 7, 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: 16-635 - Department of Public Safety, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE:
Ch. 1, Administrative Procedures
Ch. 2, Third-party Inspectors
Ch. 3, Commercial Building Code of Maine
Ch. 4, Existing Building Code of Maine
Ch. 5, Residential Building Code for One- and Two-family Dwellings
Ch. 6, Energy Conservation Code of Maine
PROPOSED RULE NUMBER: 2010-P154 thru P159
CONTACT PERSON FOR THIS FILING: Richard A. Dolby, 165 State House Station, Augusta ME 04333-0165. Telephone: (209) 624-7006. E-mail: Richard.A.Dolby@Maine.gov. For a copy of the rule, visit our web site at http://www.maine.gov/dps/bbcs
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 26, 2010, 1:00 p.m., Fallen Heroes Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta ME 04333
COMMENT DEADLINE: Comments must be submitted in writing before 5:00 pm August 5, 2010 to Richard A. Dolby, 165 State House Station, Augusta ME 04333-0165.
BRIEF SUMMARY: The Maine Technical Building Codes and Standards Board proposes to adopt six chapters that comprise the Maine Uniform Building and Energy Code (hereinafter referred to as MUBEC) and its administrative procedures. These chapters are a compilation of four different codes and four standards, which have been harmonized with Maine statutes. The chapters provide for five options for building inspections, including the use of third-party inspectors. The chapters also set forth procedures to amend and maintain MUBEC, to resolve conflicts between MUBEC and the fire and life safety codes, and to establish training and certification standards for building officials and third-party inspectors.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Technical Building Codes and Standards Board proposes to adopt six chapters that comprise the Maine Uniform Building and Energy Code (hereinafter referred to as MUBEC) and its administrative procedures. These chapters are a compilation of four different codes and four standards, which have been harmonized with Maine statutes. The chapters provide for five options for building inspections, including the use of third-party inspectors. The chapters also set forth procedures to amend and maintain MUBEC, to resolve conflicts between MUBEC and the fire and life safety codes, and to establish training and certification standards for building officials and third-party inspectors.
MUBEC is comprises of the following customized codes and standards in accordance with 10 MRSA §9721 et seq.:
a. the 2009 edition of the International Building Code;
b. the 2009 edition of the International Existing Building Code;
c. the 2009 edition of the International Residential Code;
d. the 2009 edition of the International Energy Conservation Code;
e. the ASHRAE Standards 62.1-2007, 62.2-2007 and 90.1-2007; and
f. ASTM, E-1465-06, Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings.
For municipalities over 2,000 in population with an adopted building code on 8-1-08, the effective date of enforcement of MUBEC is December 1, 2010. For municipalities over 2,000 population without an adopted building code on 8-1-08, the effective date of enforcement of MUBEC is July 1, 2012.
While MUBEC is the standard to which buildings must be constructed in Maine, the law provides that municipalities over 2,000 population may elect not have their building official enforce MUBEC and must instead use one of four enforcement options:
1. Inspections performed by the municipal building official;
2. Inspections performed by virtue of inter-local agreements with other municipalities that share the use of building officials;
3. Inspections performed by virtue of contractual agreements with one or more municipalities, or county or regional authorities that share the use of building officials; or
4. Inspections performed and verified by reports from a third-party inspector.
If the municipality does not elect one or more of the four options listed above, then the applicant must have an inspection performed by a third-party inspector at their own cost.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
Municipalities with populations over 2,000 may incur costs of employing building officials to enforce MUBEC. While MUBEC is the standard to which buildings must be constructed in Maine, the law provides that municipalities over 2,000 population may elect not have their building official enforce MUBEC and must instead use one of four enforcement options. If the municipality does not elect one or more of the four options, then the building applicant must have an inspection performed by a third-party inspector at their own cost.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §9722(6)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dps/bbcs/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.A.Dolby@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 17, Community Support Services
PROPOSED RULE NUMBER: 2010-P160
CONCISE SUMMARY: The proposed rule permanently adopts emergency rule that were effective 7/1/10 pursuant to the supplemental budget PL2009, Ch.571, Part A §25 and Part OOO§ 000-1.
The reduction in rates is 3% for Community Integration and a 4% decrease in rates for all other services under Section 17, Community Support Services. This was necessary to comply with the supplemental budget.
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, PL2009, Ch.571, Part A §25 and Part OOO§ 000-1.
PUBLIC HEARING: July 26, 2010, 1:00-3:00 p.m., Conference Room # 1A, Department of Health and Human Services, 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 July 19, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, August 5, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 23, Developmental and Behavioral Evaluation Clinic Services
PROPOSED RULE NUMBER: 2010-P161
CONCISE SUMMARY: The Department is proposing changes to Ch. III. Ch. III proposes a 10% reduction in rates due to PL2009, Ch. 571, Part A §26 which will permanently adopt emergency rules in place on July 1, 2010. Other routine technical changes have been made in this rulemaking.
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, PL 2009, Ch. 571, Part OOO, §000-1 and Part A §26
PUBLIC HEARING: July 26, 2010 3 p.m., Conference Room # 1A&B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 23, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 6, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 326, Green Power Offer
PROPOSED RULE NUMBER: 2010-P162
CONTACT PERSON FOR THIS FILING: Mitch Tannenbaum - E-mail: Mitchell.Tannenbaum@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 27, 2010, 1:30 p.m., at 101 Second Street, Hallowell, ME 04347
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until August 9, 2010. However, the Commission requests that comments be filed by July 23,2010 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2010-205 and be sent to the Administrative Director, Public Utilities Commission, mail address - 18 State House Station, Augusta, Maine 04333-0018; delivery address - 101 Second Street, Hallowell, Maine 04347
BRIEF SUMMARY: The Commission initiates this proceeding to adopt rules to implement recently enacted legislation that requires the Commission to arrange for a green power offer composed of green power supply to be available to the State's residential and small commercial electricity customers.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §3212
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Paula.Cyr@Maine.gov
URL: http://www.maine.gov/mpuc/



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 67, Principles of Reimbursement for Nursing Facilities.
PROPOSED RULE NUMBER: 2010-P163
CONCISE SUMMARY: The Department proposes changes to the above named section of policy.
These changes begin permanent adoption of the budget-related emergency rules that are effective July 1, 2010 as well as include additional clarification to the rules related to Maine Integrated Health Management System (MIHMS). Specifically, changes related to budget initiatives include: applying an additional inflation of 12.37% to the routine cost component for SFY 11; calculating the upper limit on the base year cost per day based on the median multiplied by 88.73 % for direct care and routine cost components and removing reimbursement Principle 101, Staff Enhancement Payments (SEP), from the rules. In addition, the Department also proposes changes to §41.2.3(D), by eliminating the language describing Sanction principles prior to MIHMS implementation. Similarly, the Department proposes eliminating language under §80.3.4 describing the calculation of the direct care component prior to MIHMS implementation. Finally, the Department proposes clarification under Principle 81 that describes the rate determination schedule.
See http://www.maine.qov/dhhs/oms/rules/providerrulespolicies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173 P.L. 2009, ch.571, part A, §26
PUBLIC HEARING: July 28, 2010 at 1 p.m., Conference Room # lA, 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 July 21, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight August 7, 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) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



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 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2010-263
CONCISE SUMMARY: The Department adopts the term "intellectual disabilities" where appropriate, to conform to more modern terminology. This is consistent with the newest revision to the Diagnostic and Statistical Manual and the Department's focus on respectful language. Also in this adopted rule, the Department renames the initial classification process to "Determination of Eligibility." Provisions regarding owned-operated businesses in the employment setting are clarified. Furthermore, the Department adopts rules that reduce the maximum allowance for community support service hours and work support service hours. The Department also clarifies language around work support services provided by a Direct Support Professional (DSP) to one member at a time. Additionally, the Department establishes two additional grounds for involuntary termination of services to a member in this rulemaking. Qualifications for DSPs and Employment Specialists are amended in this final rule-making.
These adopted rules also specify the use of the appeals process for members outlined in Ch. I of the MaineCare Benefits Manual. Finally, the adopted rule includes a new Appendix IV, which outlines the various combinations of community support and work support hours available.
See http://www.maine.2ov/dhhs/oms/rules/providerrulespolicies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 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) 287-9342. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
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. III Section 21, Allowances for Home and Community Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2010-264 (Emergency)
CONCISE SUMMARY: This emergency Major Substantive rule provisionally adopts new rates of payment for services provided under this program. The rates are based on reductions mandated by the Legislature in the supplemental budget. Specifically, the rates of reimbursement for day habilitation and work support services are reduced by 2%; the rates for services provided in a residential setting are reduced by 1%; and all other rates are reduced by 10%. In addition, a modified rate for use in calculating the Agency Home Supports per diem is established for hours in excess of 168 per week. The billing codes are modified to comply with the requirements of the new Maine Integrated Health Management System (MIHMS), anticipated to come into use starting September 1, 2010 or later dependent upon implementation of the new system. Finally, the name of this section is changed to Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorders.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
ADOPTED RULE NUMBER: 2010-265 (Emergency)
CONCISE SUMMARY: This Emergency Rule makes the following changes:
Ch. II: The Department is adding a new category of children who are eligible for Section 28 services; those children between the ages of birth and five years who have been diagnosed with a specific congenital or acquired condition, with a written assessment by a physician that they will meet the functional impairment criteria if services and supports are not provided to these children. The Department has determined that the immediate adoption of this emergency rule is necessary to avoid a threat to public health, safety or general welfare, because these children are currently receiving Section 27 (Early Intervention) services, and will continue t have a need for medically necessary services after Section 27 is repealed effective September 1, 2010, or when MIMHS is implemented.. Federal Medicaid law, 42 USC 1396d(r)(5)(commonly known as “EPSDT”) requires state Medicaid agencies to provide to Medicaid recipients under 21 years of age “necessary health care, diagnostic services, treatment, and other measures described in section 1905(a) of the [Social Security] Act to correct or ameliorate defects and physical and mental illnesses and condition s discovered by the screening services…” This emergency rule complies with EPSDT.
Additionally, schools, as defined in the regulation, have been added as a new provider of Section 28 services.
The emergency rule states that for the time period July 1, 2010 through October 31, 2010, prior authorization is not required for any Section 28 services. The Department has determined that an immediate threat to public health, safety or general welfare arises because the Department needs additional time to refine its prior authorization process, and in the meantime needs to provide the services in a reasonable prompt manner to the member.
Ch. III: The emergency rule adopts a 2% rate reduction for all covered services. P.L. 2009, ch. 571 PART A, Sec. A-25 required the Department to reduce funding based on a 10% reduction to the rates paid to providers under Section 28. However, P.L. 2009, ch. 571 PART RRRR, Sec. RRRR-1 authorized the Department to use funds provided in this Part to adjust MaineCare rates, otherwise subject to a 10% reduction, to actuarially based rates, as deemed necessary and applicable by the Department. The Department has determined that it is necessary and applicable to use the additional funding so that the Section 28 rates were reduced by 2%, not 10%.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 01, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 29, Community Support Benefits for Members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER: 2010-266 (Emergency)
CONCISE SUMMARY: The Department is adopting emergency reductions in rates paid for services to members in the Community Supports program, MBM, § 29. This action must be taken on an emergency basis in order to preserve services to members within the state’s current fiscal constraints. In addition, the Department adopts minor changes in the billing codes to be employed with the adoption of the Maine Integrated Health Management System, anticipated to occur in August.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services - EMERGENCY RULE
ADOPTED RULE NUMBER: 2010-267 (Emergency)
CONCISE SUMMARY: This emergency rule changes the definition of "discharge." P.L. 2009, ch. 571, Part A, Sec. A-26 directs the Department to reduce funding to hospitals by "limiting reimbursement to hospitals when a MaineCare patient is subsequently readmitted to the hospital within 3 days following an inpatient admission for the same diagnosis." This emergency rulemaking makes that change; the Department will reimburse for only 1 discharge, if a patient is readmitted to the same hospital within 72 hours for the same diagnosis.
This rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. This rulemaking has no adverse impact on small businesses employing twenty or fewer employees.
See http://www.maine.2ov/dhhs/oms/rules/provider rules policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 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/Hard of Hearing)
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 & III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2010-268 (Emergency)
CONCISE SUMMARY: The emergency rule adopts the rates as directed in the supplemental budget approved by the Maine State Legislature, LD 1671, Part OOO, §000-1. Part A-25, Part RRRR, Sec. RRRR-1, resulting in a 2% (two percent) reduction in Children’s Home and Community Based Treatment and collateral contacts and a 10% (ten percent) reduction in Family Psychoeducation Treatment Program Services, Neurobehavioral Status exam, Psychological testing, and Opioid Treatment. Additionally, the emergency rule adopts specific eligibility requirements for services beyond seventy two (72) quarter hour units of service in a service year for Mental Health Outpatient Services.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 65, Behavioral Health Services; and repeal of Ch. II & III Section 41, Day Treatment Services
ADOPTED RULE NUMBER: 2010-269 and 270
CONCISE SUMMARY: The adopted rule repeals Ch. II & III Section 41, Day Treatment Services, and incorporates Children’s Behavioral Health Day Treatment Services in to Ch. II & III Section 65, Behavioral Health Services. The rule adoption was necessary to utilize HIPAA compliant codes and assure medically necessary services were being delivered by qualified staff. Schools were also added as a qualified provider. Other routine technical changes to the rule were also made.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or 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 (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2010-P271 (Emergency)
CONCISE SUMMARY: The Department adopts amendments to MaineCare Benefits Manual, Ch. III Section 67, Principles of Reimbursement, on an emergency basis in order to comply with the State Supplemental Budget initiative to balance the State budget. The following is included in this emergency rule-making: applying an additional inflation of 12.37% to the routine cost component for SFY 11; calculating the upper limit on the base year cost per day based on the median multiplied by 88.73 % for direct care and routine cost components; removing reimbursement Principle 101, Staff Enhancement Payments (SEP), from the rules.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 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) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
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. III Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2010-272 (Emergency)
CONCISE SUMMARY: This emergency rule specifies rate reductions effective 07/01/10 pursuant to the supplemental budget (PL 2009, Ch. 571, Sec. A-25). The rule specifies a reduction in rates of 10% for all Occupational Therapy Services and corrects a unit error for evaluation and re-evaluation services from a previously adopted rule, a correction that is required if budget savings are to be met.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2010
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, Division of Policy, 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/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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Allowances for Transportation Services
ADOPTED RULE NUMBER: 2010-273 (Emergency)
CONCISE SUMMARY: This emergency rule adopts the cost savings measures reflected in the Maine June 2010 Supplemental Budget, resulting in a 6.5% decrease in all Allowances for Transportation Services reimbursement rates to become effective August 1, 2010. Of note, rate standardization was already in process for many months to prepare for the implementation of Maine Integrated Health Management Solution (MIHMS), the CMS certified billing system, therefore The Department determined that rate standardization was necessary to occur in this rulemaking prior to the 6.5% budgeted rate decrease.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 1, 2010
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing) E-mail: Delta.Cseak@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 94-239 - Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations; and Ch. II, Rules for the Purchase of Services and Awards
ADOPTED RULE NUMBER: 2010-274 and 275
CONCISE SUMMARY:
Ch. 1, Rules 1-5: The adoption of the repeal and replacement of all Rules in Ch. 1 will reorganize, simplify, and clarify existing Rules to promote ease of reference, understanding, and application by Park visitors. The replacement Rules also include new wording prohibiting the cutting, defacing, or removal of bark from live trees; requiring the proper disposal of human waste in backcountry areas to protect Park resources and for public safety; prohibiting the gathering of fiddleheads and berries for sale or commercial use; increasing the number of cars permitted to park at a campsite from one to two; permitting motorcycle access on paved roads within Baxter State Park.
Ch. II, Rule I: Changes adopted include Section 2ii - changing the name of the local paper as one business closed and another one opened.
EFFECTIVE DATE: July 21, 2010
AGENCY CONTACT PERSON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Ada.Angotti@Maine.gov
URL: http://www.baxterstateparkauthority.com/



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2010-276
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted regulation changes for the current open water fishing season on the following waters: Big Wadleigh Pond, T8R15 WELS - Closing lake and tributaries to dipping/fishing for illegally introduced smelts and requiring catch and release on all trout, landlocked salmon and togue; Mud Greenwood Pond, Willimantic - Open to fishing under general law regulations and season dates.
EFFECTIVE DATE: July 4, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/



AGENCY: 07-105 - Executive Department, State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 300, Certification of Standards for Municipal Code Enforcement Officer and Third-party Inspectors
ADOPTED RULE NUMBER: 2010-277
CONCISE SUMMARY: This chapter establishes the standards and procedures that the State Planning Office uses to certify and recertify local code enforcement officers, local plumbing inspectors, municipal building officials, and third-party building inspectors, as required by 30-A MRSA §4451 and 10 MRSA ch. 1103.
The Office amended this chapter to incorporate law changes and to set certification standards for the new Maine Uniform Building and Energy Code.
EFFECTIVE DATE: July 4, 2010
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta ME 04333. Telephone: (207) 287-5424. E-mail: Jody.Harris@Maine.gov
URL: http://www.maine.gov/spo/



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Emergency Policy #254E: Increase Personal Needs Allowance for Support Services Waiver (Part 13, Section 6.1, II)
ADOPTED RULE NUMBER: 2010-278 (Emergency)
CONCISE SUMMARY: The Home and Community Based Support Services Waiver provides work support and other services to help people live independently. People who are eligible for services under this waiver program will be allowed a Personal Needs Allowance equal to 200% of the Federal Poverty Level. The increase in the Personal Needs Allowance means that clients will keep more of their income for personal needs. Clients will pay less for the services they get under the waiver program. The Support Services Waiver program is for people age 18 or older with intellectual disabilities or autistic disorders, who meet the ICF-MR level of care.
The rule will have no effect on the administrative burdens of small businesses.
EFFECTIVE DATE: July 1, 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, 268 Whitten Road, Augusta ME 04333-0011. Telephonje: (207) 287-4076. TTY: (800) 606-0215
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov