Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Notices > October 6, 2010

October 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.


PROPOSALS



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Calculation of Interest
PROPOSED RULE NUMBER: 2010-P254
CONCISE SUMMARY: Rule 101 serves to inform taxpayers of the standard interest rate established pursuant to statute that is charged against unpaid taxes and paid by the State on overpayment of taxes. It is being amended because the interest rate is changing effective January 1, 2011.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 186, 186-A
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: November 5, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Edward Charbonneau, Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. Fax: (207) 287-3294. E-mail: Edward.Charbonneau@Maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 3(1), Definition of a FROI (First Report of Injury);
Ch. 8(11), (15) & (18), Discontinuance / Reduction / Modification
PROPOSED RULE NUMBER: 2010-P255, P256
CONCISE SUMMARY: These proposed amendments:
- Clarify when a lost time first report must be filed;
- Clarify when and how a unilateral reduction of benefits may be taken pursuant to section 205(9)(A);
- Define when and how offsets may be taken pursuant to section 205(9)(B) when an employee returns to work for a different employer;
- Prohibits the use of the Consent Between Employee and Employer form to prospectively discontinue or reduce benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2); 303; 205(9)
PUBLIC HEARING: Monday, October 25, 2010, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, November 4, 2010, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov
WEBSITE: http://www.maine.gov/wcb/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Program, Proposed Policy #169P: Expansion of Categorically Eligible Households, Changes Regarding Late six Month Reports, OIAS address and TANF References
PROPOSED RULE NUMBER: 2010-P257
CONCISE SUMMARY: This rule provides for the following:
1. It expands categorical eligibility for households that are at or below 185% federal poverty level. This change was originally adopted as an emergency rule effective August 1, 2010.
2. This implements an approved FNS waiver that allows cases to be reinstated when a six-month report is received in the seventh month; this corrects FS policy to comply with the waiver that states that cases will be prorated, when the report is received.
3. Minor adjustments in text are made such as updating the address of the OIAS office and changing a reference to AFDC, to TANF.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 CFR 273.2(j)
PUBLIC HEARING None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 5, 2010
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, Maine 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/snap/index.html
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2010-P258
CONTACT PERSON FOR THIS FILING: Paulina Collins. E-mail: Paulina.Collins@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: October 26, 2010, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until November 5, 2010. However, the Commission requests that comments be filed by October 20, 2010 to allow for follow-up inquiries during the hearing; supplemental comments may be filed until November 5, 2010. Written comments should refer to the docket number of this proceeding, Docket No. 2010-296 and be sent to the Administrative Director, Public Utilities Commission, mailing address – 18 State House Station, Augusta, Maine 04333-0018; delivery address – 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: The purpose of this proceeding is to make proposed changes based on the results of a stakeholder process that the Commission conducted at the Legislature’s request to review the Damage Prevention program and to update the rules based on our experience in implementing them.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §3360-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov



AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 110, Property Assessed Clean Energy Program
PROPOSED RULE NUMBER: 2010-P259
CONTACT PERSON FOR THIS FILING: Dana Fischer, Efficiency Maine Trust, 19 State House Station, Augusta, ME 04333-0019. Telephone: (207) 650-8774. E-mail: Dana.Fischer@EfficiencyMaine.com
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: (Public Hearing was held 8/31/10.)
COMMENT DEADLINE: November 5th, 2010
BRIEF SUMMARY: In this notice, the Efficiency Maine Trust is requesting comments from the public concerning changes to the proposed rule Ch. 110, Property Assessed Clean Energy Program. The PACE Act, 35-A MRSA Ch. 99, provides a new mechanism for Maine energy consumers to finance energy savings improvements to their homes and businesses. For purposes of implementing the PACE Act, this revised version of the proposed rule establishes underwriting requirements, consumer disclosure requirements consistent with principles of truth in lending, and a quality assurance system for identifying and installing energy savings improvements.
IMPACT ON MUNICIPALITIES OR COUNTIES: A municipal government must adopt an ordinance establishing a PACE program before it or the Efficiency Maine Trust can enter an agreement with a property owner, whose property is located in that municipality, to finance energy savings improvements on the property. Municipalities may administer the PACE program, including entering PACE agreements and collecting assessments, or may contract with the Efficiency Maine Trust for that purpose.
STATUTORY AUTHORITY: 35-A MRSA §10154, §10155, §10159
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2009, c.591, LD 1717, An Act To Increase the Affordability of Clean Energy for Homeowners and Businesses, known and cited as "the Property Assessed Clean Energy Act" or "the PACE Act" (35-A MRSA Ch. 99).
WEBSITE: http://www.efficiencymainetrust.org/
E-AGENCY RULE-MAKING LIAISON: Lucia.Nixon@EfficiencyMaine.com


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 & III Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
ADOPTED RULE NUMBER: 2010-441
CONCISE SUMMARY: The adopted rule specifies 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 also added schools, as defined in the regulation, as a new provider of Section 28 services. Additionally, the final rule clarifies that all staff working in the capacity of a BHP must obtain BHP certification by July 1, 2011. The final rule permanently adopts a 2% rate reduction that took effect 7/1/10 for all covered services. Other routine technical changes were also made to the final rule. This rule change is not expected to have an adverse effect on municipalities or counties in the delivery of medically necessary services. An economic impact statement regarding businesses of 20 or fewer employees is on file with the Department.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 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 .
WEBSITE: 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: 2010-442
CONCISE SUMMARY: The adopted rules specify rate reductions that took effect via emergency rule, 7/1/10. The adopted rules also specify criteria for members who need services beyond 72 quarter hour units for Outpatient Services. Both of these actions were pursuant to PL 2009, ch. 571. Additionally, as a technical correction, the final rule details the provisional approval of BHP’s for Children’s Behavioral Health Day Treatment. This process is identical to the provisional approval process for Children’s Home and Community Based Treatment. This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 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 .
WEBSITE: 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: 2010-443
CONCISE SUMMARY: The Department permanently adopts amendments to Ch. 101, MaineCare Benefits Manual, Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities, in order to comply with the State Supplemental Budget initiative to balance the State budget and to address changes related to the implementation of the Maine Integrated Health Information Management System (MIHMS). The following are changes in the rule: application of an additional inflation of 12.37% to the routine cost component for SFY 11; calculation of 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; clarification of the rate determination schedule under Principle 81 and removal of reimbursement Principle 101, Staff Enhancement Payments (SEP), from the rules.
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.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: September 29, 2010
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Division of Policy, 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/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: 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: 2010-444
CONCISE SUMMARY: This final rule is adopted pursuant to the supplemental budget, P.L. 2009, ch. 571, Sec. A-25 (pp. 70 & 72), which specifies a reduction in rates of 10% for Occupational Therapy Services. The rule also includes a unit correction for evaluation and re-evaluation services to be consistent with national coding standards. This final rule permanently adopts the emergency rule that went into effect on July 1, 2010.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 28, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 14-193 - Department of Health and Human Services (DHHS), Office of Adult Mental Health Services
CHAPTER NUMBER AND TITLE: Ch. 2, ACT Team Standards for the Progressive Treatment Program: Rules Governing Essential Standards and Basic Principles Required of Assertive Community Treatment Teams in order to Apply to District Court to Admit a Patient to a Progressive Treatment Program
ADOPTED RULE NUMBER: 2010-445 (EMERGENCY)
CONCISE SUMMARY: As required by P.L. 2009, ch. 651, §32, this rule sets forth requirements for providing services in compliance with nationally recognized essential standards and basic principles for the provision of mental health services at the ACT team level under the Progressive Treatment Program.
EFFECTIVE DATE: October 1, 2010
AGENCY CONTACT PERSON: Christine Robinson, Dept. of Health and Human Services, Office of Adult Mental Health Services, 11 State House Station, 32 Blossom Lane, 2nd floor Marquardt Bldg, Augusta, ME 04333-0011. Telephone: (207) 287-4865. TTY: 1 (800) 606-0215. E-mail: Christine.Robinson@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mh/rights-legal/progressive-treatment/home.html#rulemaking
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
ADOPTED RULE NUMBER: 2010-446
CONCISE SUMMARY: This rule change allows a 10% reduction in the fees charged for the sale of data to entities required to pay the MHDO annual assessment fee. It also allows the MHDO Board to approve a reduction or waiver of fee for the sale of data to an entity that uses the data to improve the health of Maine residents and makes available to the public any reports or analyses prepared from the data. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of these rules can be reviewed and printed from the MHDO website at
www.maine.gov/mhdo/recentlyadoptedrules.aspx or, to receive a paper copy call 287-6722.
EFFECTIVE DATE: October 3, 2010
CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
ADOPTED RULE NUMBER: 2010-447
CONCISE SUMMARY: This rule change allows the MHDO to collect a standardized accounting template from the parent entities of Maine’s hospitals. It also adds lines to the template to collect advertising costs, salaries and benefits costs, and the individual transfer of funds to affiliated entities. The proposed rule changes respond to and address the recommendations of the Working Group to Provide Transparency Concerning Operating Expenses for Hospitals established pursuant to 2009 Resolves, c. 66. This rule will not have a fiscal impact on municipalities, counties or small businesses.
Copies of these rules can be reviewed and printed from the MHDO website at
www.maine.gov/mhdo/recentlyadoptedrules.aspx or, to receive a paper copy call 287-6722.
EFFECTIVE DATE: October 3, 2010
CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: http://mhdo.maine.gov/imhdo/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: REPEAL: Ch. 101, MaineCare Benefits Manual: Ch. VIII Section 2, Health Insurance Purchase Option. NEW RULE ESTABLISHED: Maine State Services Manual, Ch. 104 Section 5, Health Insurance Purchase Option
ADOPTED RULE NUMBER: 2010-448
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is deleting a section of the MaineCare Benefits Manual, Ch. VIII Section 2, and creating a new section of the Maine State Services Manual. Concurrent to this rulemaking, the Office of Integrated Access and Support is adding the eligibility portion of this program and publishing the information in a manual maintained by that Office. The benefits of this State administered program have not changed.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 4, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: 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: NEW RULE ESTABLISHED: Maine State Services Manual, Ch. 104 Section 5, Health Insurance Purchase Option
ADOPTED RULE NUMBER: 2010-449
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is establishing a new section Maine State Services Manual to detail the Health Insurance Purchase Option, a State funded benefit previously detailed in another section of rule. The benefits of this State administered program have not changed.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 4, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: 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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Policy #253A: Health Insurance Purchase Option (HIPO) for Children under Age 19
ADOPTED RULE NUMBER: 2010-450
CONCISE SUMMARY: The Department proposed rulemaking to add HIPO eligibility language to Ch. 332. During the Attorney General review as to form and legality, the Attorney General's office determined that the HIPO program was a state-funded service, and not a MaineCare service. Accordingly, the Department is not adopting the rule it proposed.
The eligibility rules for the Health Insurance Purchase Option (HIPO) are being added to the OIAS Eligibility Manual, Ch. 335. Several minor changes in Ch. 332 have been added to reflect the addition of Ch. 335. This program provides 18 months of extended health 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.
EFFECTIVE DATE: October 4, 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 ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #335, OIAS Eligibility Manual, Policy #253A: Health Insurance Purchase Option (HIPO) for Children under Age 19
ADOPTED RULE NUMBER: 2010-451
CONCISE SUMMARY: The Department proposed rulemaking to add HIPO eligibility language to Ch. 332. During the Attorney General review as to form and legality, the Attorney General's office determined that the HIPO program was a state-funded service, and not a MaineCare service. Accordingly, the Department is not adopting the rule it proposed.
The eligibility rules for the Health Insurance Purchase Option (HIPO) are being added to the OIAS Eligibility Manual, Ch. 335. Several minor changes in Ch. 332 have been added to reflect the addition of Ch. 335. This program provides 18 months of extended health 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.
EFFECTIVE DATE: October 4, 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 ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/
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, Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder.
ADOPTED RULE NUMBER: 2010-452 (EMERGENCY)
CONCISE SUMMARY: The emergency major substantive rule adopts new rates for Shared Living Providers pursuant to PL 2009, Ch 571, §§ A-25, A-26, and CCCC-3.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: October 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 .
WEBSITE: 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 97, Principles of Reimbursement for Private Non-Medical Institution Services, Appendix D: Child Care Facilities
ADOPTED RULE NUMBER: 2010-453 (EMERGENCY)
CONCISE SUMMARY: This is emergency major substantive rulemaking. The Department of Administrative and Financial Services quantified the General Fund fiscal problem as a potential shortfall of almost $400 million in the Governor's initial proposed supplemental budget on December 18, 2009. The final supplemental budget enacted by the Legislature reflects a slight upturn in revenues and authorizes General Fund appropriations for the current biennium of approximately $5.53 billion. The Legislature has ordered various cuts in the MaineCare program in order to balance the budget, per PL 2009, c. 571. The reduction in reimbursement set forth in this rule was selected after careful consideration and it will be implemented in a fair and equitable manner. The Department was required to reduce fees paid to certain providers.
Pursuant to the supplemental budget, PL 2009, ch. 571, Part A, §A-26 and the Department's emergency rulemaking authority 5 MRSA §8054 this emergency rule specifies rate reductions for services under Section 97 Private Non-Medical Institution Services, Appendix D: Child Care Facilities. Additionally the emergency rule eliminates one accounting requirement for providers that is no longer necessary, thereby reducing the administrative burden for providers.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2010
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Division of Policy, 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/Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: 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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rev. #170-E: Annual Adjustments to the Standard Utility Allowances, Annual Cost of Living Adjustments. and Extension of the ABAWD Work Participation Waiver
ADOPTED RULE NUMBER: 2010-454 (EMERGENCY)
CONCISE SUMMARY: To comply with Federal regulations, this rule adopts annual changes to standard utility allowances, to reflect current utility costs in Maine; cost of living allowances, as determined by USDA Food and Nutrition Services, and extends the Able-Bodied Adults Without Dependents (ABAWD) work participation waiver.
EFFECTIVE DATE: October 1, 2010
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
WEBSITE: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 1, Contracting Process for Service Providers and Grant Recipients
ADOPTED RULE NUMBER: 2010-455, 456, 457
CONCISE SUMMARY: This chapter establishes the procedures governing the selection of service providers for energy efficiency and alternative energy programs administered by the Efficiency Maine Trust and the selection of grant recipients to receive funds administered by the Efficiency Maine Trust for energy efficiency and alternative energy projects. Grant recipients and most service providers will be selected by means of a competitive bid process conducted by issuing Requests for Proposals or similar documents. Some service providers may be selected without a competitive bid process, when another solicitation process is the most efficient and effective means to deliver programs administered by the Trust. The chapter also establishes the procedure to seek reconsideration of a selection decision.
Upon adoption of Ch. 1, rule Ch. 381 (Selection of Conservation Program Service Providers) formerly adopted by the 65-407, Public Utilities Commission is repealed, and Section 7 (Contract Selection Process) of rule Ch. 2 (Administration of Trust, Budgeting, Project Selection Criteria and Procedures, Monitoring and Evaluation Requirements), formerly adopted by 94-078, the Energy and Carbon Savings Trust, is repealed.
EFFECTIVE DATE: October 4, 2010
AGENCY CONTACT PERSON: Lucia Nixon, Efficiency Maine Trust, 19 State House Station, Augusta, ME 04333-0019. Telephone: (207) 287-2603. E-mail: Lucia.Nixon@Legislature.Maine.gov .
WEBSITE: http://efficiencymainetrust.org/