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Home > Weekly Rule-making Notices > November 16, 2011

November 16, 2011

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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 880, Regulation of Chemical Use in Children’s Products
PROPOSED RULE NUMBER: 2011-P230 (change in comment deadline)
The comment deadline has been moved from November 25 to November 28. All other details as published in the October 26 notice remain the same.



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Manual: OFI Food Supplement Proposed Rule, Rev. #173P: Standard Deduction, Excess Shelter Deduction, and the Full Standard Utility Allowances (FS-000-1, FS-555-5 pages 1, 5, & 6)
PROPOSED RULE NUMBER: 2011-P241
CONCISE SUMMARY: This rule increases the income eligibility standards, deductions and the Full Standard Utility Allowance. Potentially some more households may be eligible due to the new income standards. Households who are currently open on Food Supplement benefits may receive increased benefits due to the increased deductions and the full standard allowance for the cost of heat or receipt of LIHEAP benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42(8) and 3104; 7 CFR 273.10(e)(4); 7 CFR 273.9(d)(6)
PUBLIC HEARING: none scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 16, 2011
AGENCY CONTACT PERSON Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 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/ofi/services/snap/index.html .



AGENCY: 26-239 – Office of the Attorney General (A.G.), jointly with
10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBERS AND TITLES:
A.G.: Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers;
DHHS: Ch. 275 Sections 1-3, Reporting and Fee Requirements for Pharmaceutical Manufacturers and Labelers
PROPOSED RULE NUMBERS: 2011-P242, P243
CONCISE SUMMARY: This proposed rule adopts an emergency rule that repeals: Ch. 275 Section 1, Prescription Drug Clinical Trial Reporting, Section 2, Reporting of Prescription Drug Marketing Costs; and Section 3, Fee Provision to implement Prescription Privacy Laws. The 125th Maine Legislature enacted PL 2007 on June 29, 2011, which repealed the statutory provisions that authorized the Department to require marketing and clinical drug trial reporting and that supported the Attorney General’s position in adopting clinical drug trial reporting requirements as a trade practice. In addition, the federal District Court rendered a decision that the Maine prescription drug privacy statutory provision is unconstitutional, following a recent Supreme Court decision.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §207(2); 22 MRSA §§ 42, 3173; and any other applicable statutes
PUBLIC HEARING: December 5, 2011, 10:00 a.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 15, 2011
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 103, Renewable Resources Fund
PROPOSED RULE NUMBER: 2011-P244
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dana Fischer, Efficiency Maine Trust, 151 Capitol Street Suite 1, Augusta, ME 04330, (207) 650-8774. E-mail: Dana.Fischer@Efficiencymaine.com .
PUBLIC HEARING: 9:00 a.m., December 6th, 2011, Room 211, Cross Office Building, Augusta, Maine
COMMENT DEADLINE: December 16th, 2011
BRIEF SUMMARY: The Renewable Resource Fund provides grants and rebates for installation of cost-effective renewable energy technologies, as well as funding for research and demonstration of promising renewable energy technologies by non-profit, public and educational organizations. For purposes of promoting best practices, quality assurance and cost-effectiveness under the Renewable Resource Fund, this rule establishes selection criteria for demonstration projects and defines qualification criteria for renewable technology rebates including cost-effectiveness tests and quality assurance requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule establishes the rules for selection of renewable energy demonstration projects that may be funded as a proposal by municipalities to the Trust .
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §10121(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2011, c.314, LD 761, An Act To Provide Rebates for Renewable Energy Technologies, known and cited as "the Renewable Resource Fund."
WEBSITE: http://www.efficiencymaine.com/ .
AGENCY RULE-MAKING LIAISON: Lucia.Nixon@EfficiencyMaine.com .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 107, Medical Eye Care Program
PROPOSED RULE NUMBER: 2011-P245
CONCISE SUMMARY: The Department is filing this proposed rule to adopt an earlier emergency rule to repeal 10-144 Ch. 107, Medical Eye Care Program, because this program is a state funded DHHS benefit that has not had state funding since the previous fiscal year. There are no additional funds to continue this program.
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: December 5, 2011, 9:00 a.m., Conference Room # 1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before November 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight on December 15, 2011.
AGENCY CONTACT PERSON: Jamie L. Paul, Comprehensive Health Planner II, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Jamie.L.Paul@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 33, Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools. (New title: Rule Governing Physical Restraint and Seclusion)
PROPOSED RULE NUMBER: 2011-P246
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Deborah Friedman, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6620. E-mail: Deborah.Friedman@Maine.gov .
PUBLIC HEARING: Tuesday, December 6, 2011, 1 p.m. to 3 p.m., Room 500 - Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: 5 pm, Friday, December 16, 2011
BRIEF SUMMARY: This proposed rule replaces the existing Ch. 33. The rule establishes standards and procedures for the use of physical restraint and seclusion of students in educational programs funded by the Department of Education. Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student presents an imminent risk of injury or harm to the student or others. The rule sets forth permitted and prohibited uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and the Department of Education, notification of parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and Department approval of training programs.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §4502(5)(M)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/education/index.shtml .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 573, Snow Dumps: Best Management Practices for Pollution Prevention (new title; formerly “Snow Dumps: Exemption from Waste Discharge License”)
PROPOSED RULE NUMBER: 2011-P247
CONTACT PERSON FOR THIS FILING: Bill Hinkel, Department of Environmental Protection, State House Station 17, Augusta, ME 04333. Telephone: (207) 485-2281. Fax: (207) 287-3435. E-mail: Bill.Hinkel@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: December 6, 2011 at 1:00 p.m., DEP Response Training Room,4 Blossom Lane, Augusta.
BRIEF SUMMARY: The purpose of this rule amendment (repeal and replace) is to define siting criteria and best management practices for pollution prevention associated with snow dumps that, when followed, will not result in a discharge of pollutants and will not require a waste discharge permit. Further, the amended rule will specify that the owner or operator of a snow dump facility that can not meet the siting criteria and best management practices may apply for a general permit, when available. A general permit scheme of permitting snow dumps will expedite the permitting process and have lower annual permit fees.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities are anticipated to incur fewer permitting fees and have an expedited permit process (general permit) available.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H and 413
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .



AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBER: 2011-P248
CONTACT PERSON FOR THIS FILING: George Seel, Maine Department of Environmental Protection, #17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7166. E-mail: George.J.Seel@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: December 6, 2011 @ 2:00 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on December 16, 2011. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: Purpose of rule is to amend the current requirement for the abandonment of underground motor fuel, marketing and distribution oil storage tanks upon the expiration of their tank manufacturer warranty, and to allow tanks and their associated facilities to remain in operation for 10 years beyond their warranty expiration date. Additionally the rule includes safeguards to prevent an increase in the number of petroleum leaks to ground water from affected underground storage tank facilities.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rule amendment like the enabling legislation allows underground motor fuel, marketing and distribution oil storage facilities to remain in operation 10 years beyond the original tank manufacturer warranty expiration date of their tanks by demonstrating the tanks are not leaking, and the facility is installed with secondary containment and leak detection systems comparable to those of a new facility. Additional leak detection in the form of tank integrity testing is also required to enjoy this exception to an existing regulatory requirement that underground storage tanks and other facility components be properly removed and abandoned upon the termination of the manufacturer tank warranty. In some cases this will mean upgrading of facility components other than the tank to meet current engineering standards.
This exception is available to both double-walled and single-walled tanks and their respective facilities. Single-walled tanks to qualify must be retrofitted with a secondary containment system listed with Underwriters Laboratory, and installed according to manufacturer specifications and by manufacturer certified installers.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities and counties which own motor fuel underground storage tanks will benefit from this rule, allowing tanks to remain in service beyond their manufacturer warrantee in some cases at a moderate cost saving over replacing the tanks.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2011 Ch. 276
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@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 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2011-P249
CONCISE SUMMARY: This proposed rulemaking, if CMS approves, will raise the Cost of Living Adjustment (COLA) for Nursing Facilities to 2% beginning on October 1, 2011. This is prompted by changes to P.L. 2011 ch. 411. The retroactive application of this rule is permitted under 22 MRSA §42(8).
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; P.L. 2011 ch. 380, Part A; and PL. 2011 ch. 380, Part ZZ; 42 CPR 447.26; 22 MRSA §42(8)
PUBLIC HEARING: December 5,10:00 a.m., Conference Room 4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before November 28, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 16, 2011.
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) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .


ADOPTIONS


AGENCY: 26-239 – Office of the Attorney General (A.G.), jointly with
10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBERS AND TITLES:
A.G.: Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers
DHHS: Ch. 275, Reporting and Fee Requirements for Pharmaceutical Manufacturers and Labelers: Section 1, Prescription Drug Clinical Trial Reporting; Section 2, Reporting of Prescription Drug Marketing Costs; and Section 3, Fee Provision to Implement Prescription Privacy Laws
ADOPTED RULE NUMBERS: 2011-400, 401 (Emergency repeal)
CONCISE SUMMARY: This emergency rule repeals Office of the Attorney General Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers, and Department of Health and Human Services Ch. 275: Section 1 - Prescription Drug Clinical Trial Reporting; Section 2 - Reporting of Prescription Drug Marketing Costs; and Section 3 - Fee Provision to implement Prescription Privacy Laws. The 125th Maine Legislature enacted PL 2007 on June 29, 2011, which repealed the statutory provisions that authorized the Department to require marketing and clinical drug trial reporting and supported the Attorney General’s position in adopting clinical drug trial reporting requirements as a trade practice. In addition, the federal District Court rendered a decision that the Maine prescription drug privacy statutory provision is unconstitutional, following a recent Supreme Court decision.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 8, 2011
DHHS CONTACT PERSON: Amy MacMillan-Dix, Comprehensive Health Planner II, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9342. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
A.G. CONTACT PERSON: Thomas Bradley, Assistant Attorney General, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006. Telephone: (207) 626-8828. Fax; (207) 626-8813. E-mail: Thomas.Bradley@Maine.gov .
WEBSITES: http://www.maine.gov/ag/ ; http://www.maine.gov/dhhs/oms/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 107, Medical Eye Care Program
ADOPTED RULE NUMBER: 2011-402 (Emergency repeal)
CONCISE SUMMARY: The emergency adopted rule repeals 10-144 Ch. 107, Medical Eye Care Program, as it is a state funded DHHS benefit that has not had funding since the previous fiscal year. No additional funds are available for this program in the upcoming state fiscal years.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: November 8, 2011
AGENCY CONTACT PERSON: Jamie L. Paul, Comprehensive Health Planner II, 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) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Jamie.L.Paul@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



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 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2011-403
CONCISE SUMMARY: This adopted rule removes any differing requirements for school-based providers of MaineCare occupational therapy services and requires them to meet all other requirements of comparable community-based providers of such services. In addition, the Department clarifies that pursuant to 42 CFR §440.110, MaineCare occupational therapy services must be prescribed by a physician or other licensed practitioner of the healing arts within the scope of practice under Maine law and must be provided by or under the direction of a qualified licensed occupational therapist. Medical necessity for and the provision of these services to MaineCare members requires appropriate documentation. Each member’s written progress note (also referred to as treatment or session note) must contain the start and stop time of the service. In this final rule the Department corrects that adult members are responsible for copayments up to $20 per month for Occupational Services.
In Ch. III of this Section, billing modifiers TL and TM will be required for all services that are delivered under an Individualized Family Service Plan (IFSP) or an Individualized Education Plan (IEP) with the MaineCare Addendum for medical necessity, respectively.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 1, 2011
AGENCY CONTACT PERSON: Delta Chase, 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: 711 (Deaf/Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



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 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2011-404
CONCISE SUMMARY: This adopted rule will remove any differing requirements for school-based providers of MaineCare physical therapy services, and require them to meet all other requirements of comparable community-based providers of such services. In addition the Department clarifies that pursuant to 42 CFR §440.110, MaineCare physical therapy services must be prescribed by a physician or other licensed practitioner of the healing arts within the scope of practice under Maine law and must be provided by or under the direction of a qualified licensed physical therapist. Medical necessity for and the provision of these services to MaineCare members requires appropriate documentation. Each member’s written progress note must contain the start and stop time of the service. In Ch. III of this Section, billing modifiers TL and TM will be required for all services that are delivered under a Maine Department of Education Individualized Family Service Plan (IFSP) or an Individualized Education Plan (IEP), respectively.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 1, 2011
AGENCY CONTACT PERSON: Delta Chase, 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: 711 (Deaf/Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



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 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2011-405
CONCISE SUMMARY: The Department of Health and Human Services is adopting this rule to remove any differing requirements for school-based providers of MaineCare speech and hearing services, and require them to meet all other requirements of comparable community-based providers of such services. In addition, the Department will clarify that medical necessity for these services requires appropriate documentation, and that provision of services must be documented. Each member’s written progress note must now contain the start and stop time of the service provided to the MaineCare member.
Additionally, in this adopted rule the Department corrects multiple units of service in the Ch. III to move to HIPAA compliant coding in preparation for MIHMS federal certification, adds billing modifiers, and removes one redundant billing code. The Department’s Rate Setting unit carefully analyzed utilization to establish cost neutral reimbursement rates. These rates will be reevaluated in six months to assure members have access to these important services.
To address public rate concerns in this final rule, the Department will allow providers to use the modifier 22 to gain additional reimbursement for Increased Procedural Services on all non-Evaluation and Management billing codes of this Section. Appending the modifier 22 will allow for manual claim review by the Department’s clinical staff or its authorized agent. If clinical documentation attached to the modifier 22 claim supports that substantial additional work was required, the provider will then receive an additional twenty percent (20%) reimbursement for that service to the MaineCare member.
The following procedure codes 92526, 92550, 92565, 92568, 92610, V5364, V5364 TF, which were reimbursable historically, are added to MIHMS in this adopted rule and will be covered retroactively to 09/01/2010. Procedure codes 92585 and 96110 will be reimbursed by the Department going forward, as of the effective date of this rulemaking. In response to public comment, Ear Mold/Inserts (V5264) will have an increased reimbursement rate to 70% of the Medicare rate as of the effective date of this rulemaking.
This adopted Ch. III also clarifies how some of the HIPAA compliant billing codes of this Section are state-level defined. (For example: Speech group therapy is defined as two to four MaineCare members with one clinician with appropriate documentation made for each individual in his/her medical record). Three (3) billing modifiers have been added to this Section for Departmental tracking purposes, as follows: TL will be required for services performed under an Individualized Family Service Plan (IFSP), TM will be required for all services delivered under an Individualized Education Plan (IEP) with the MaineCare addendum, and 52 (Reduced Services) will be required when a service is reduced or applied to one ear and not both. The Department made several technical corrections in the final rule, including changes in definition clarifications, grammar, punctuation and consistency of the format.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 1, 2011
AGENCY CONTACT PERSON: Delta Chase, 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: 711 (Deaf/Hard of Hearing). E-mail: Delta.Chase@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 02-298 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2011-406
CONCISE SUMMARY: The board updated the standards of professional practice for licensed real estate appraisers from the 2010-11 edition of the Uniform Standards of Professional Appraisal Practice to the 2012-13 edition of the Uniform Standards of Professional Appraisal Practice. The Uniform Standards of Professional Appraisal Practice is published by the Appraisal Standards Board of the Appraisal Foundation.
EFFECTIVE DATE: January 1, 2012
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. TELEPHONE: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources (filed as Maine Harness Racing Commission)
CHAPTER NUMBER AND TITLE: Ch. 226, Rules Governing the Administration of Certain Substances to Animals Entered in Pulling Competitions
ADOPTED RULE NUMBER: 2011-407
CONCISE SUMMARY This rule further defines what a drug and prohibited substance is within the pulling rules.
EFFECTIVE DATE: November 15, 2011
AGENCY CONTACT PERSON: Peter Barengo, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Peter.Barengo@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mpd/events/pulling.html .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson.Maine.gov .