May 9, 2012

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2012-P69
CONCISE SUMMARY: This rule-making seeks to permanently adopt changes already made on an emergency basis. The rule updates the supplemental pool amount and method for distributing that pool to Non-Critical Access and other hospitals to better align with Diagnosis Related Group reimbursement. Effective April 24, 2012, the Department is decreasing the supplemental pool for Non-Critical Access, Rehabilitation Hospitals and Hospitals Reclassified to a Wage Area Outside Maine from $51,847,218 to $51,642,035. The distribution methodology for that pool is also being amended from a system based solely on the relative share of MaineCare discharges to one that also uses the relative share of MaineCare days. The Department is also making caps on Prospective Interim Payments (PIP) consistent across the system so that the total payment to all hospitals receiving a PIP is not less than 70% of the calculated amount of the total PIP for the current year.
This proposed rulemaking, beyond seeking to permanently adopt changes already made on an emergency basis, will also seek to end reimbursement for certain Provider Preventable Conditions (PPC), as defined by Medicare and federally required by the Patient Protection and Affordable Care Act. The DHHS will be seeking CMS approval of the State Plan for these changes.
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: 22 MRSA §§ 42, 3173; Patient Protection and Affordable Care Act (Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152), together known as the Affordable Care Act, Section 2702, as implemented in federal Medicaid regulations, 42 CFR Sections 436.6, 438.6 and 447.26.
PUBLIC HEARING: May 31, 2012, 9:30 a.m., Conference Room #111B, 19 Union Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before May 24, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 10, 2012.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, MaineCare Services, 11 State House Station, 242 State Street, Augusta, Maine04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 7, Regulations for Wildlife in Captivity
PROPOSED RULE NUMBER: 2012-P70
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 8, 2012
BRIEF SUMMARY: In accordance with Public Law Ch. 100, the Commissioner of Inland Fisheries and Wildlife proposes to adopt rules to regulate the importation and possession of wolf hybrids and establish confinement standards. The rule would also exclude wolf hybrids from Exhibitor’s Permits and from Wildlife Propagation. The proposed rule also enacts provisions for the disposition of wolf hybrids found at large.
A detailed copy of the rule may be obtained from the Agency Contact Person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY: 12 MRSA §12152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions
PROPOSED RULE NUMBER: 2012-P71
CONCISE SUMMARY: The proposed rule would make a number of minor changes to Ch. 55 Gear Restrictions. Among them, this proposed rule deletes obsolete rules such as fishing in Sherman Lake in Newcastle, the use of purse and drag seines in Sargentville Harbor, and the use of beam trawls in Sedgwick Harbor. Certain location descriptions, conditions and restricted fishing areas would also be clarified. The proposed rule would also deletes redundant language with regards to violations and restrictions. It would also allow the taking of elvers by hand dip net in the Kennebec River above the Gardiner/Randolph bridge. Finally, a new section would be developed that would set the distance which prohibits fishing in the vicinity of the Saco River fishway.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 11, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: LT. Jon Cornish (207-633-9595), Div. 1 West of the St. George River; LT. Dale Sprowl (207-667-3373), Div. 2 East of the St. George River. Mail written comments to: Attn K. Rousseau, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. E-mail: dmr.rulemaking@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 90, Conservation Areas: 90.20(1), Hancock County, Taunton Bay Management Area (Hancock, Sullivan, and Franklin)
PROPOSED RULE NUMBER: 2012-P72
CONCISE SUMMARY: The proposed rulemaking would reinstate a simplified version of the Taunton Bay Management Plan that expired December 21, 2010. This proposal would continue to allow hand harvest of mussels, scallops, urchins, and kelp, and controlled bottom dragging for mussels and on aquaculture leases. These measures are intended to provide continued protection and conservation of the Taunton Bay ecosystem while allowing for harvest of valuable marine resources.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
PUBLIC HEARING: Tuesday, May 29, 2012, 6:00 p.m., Sumner Memorial High School cafeteria, 2456 U.S. Route 1, Sullivan. Maine 04634. Hearing facilities: if you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: Monday, June 11, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Linda Mercer (207-633-9500). Mail written comments to: attn K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.06, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2012-137
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule to open Wildlife Management District 9 to spring turkey hunting. The Commissioner has also adopted a rule to include mixed loads with shot sizes 4 through 7 under legal weapons for turkey hunting during both the spring and fall seasons.
EFFECTIVE DATE: May 6, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 Sate House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
ADOPTED RULE NUMBER: 2012-138
CONCISE SUMMARY: The Commission adopts amendments to our Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities rules (Ch. 815). These amendments implement legislation enacted during the 2011 session and make minor changes to update the rules based on the Commission’s experience in implementing them (Resolves 2011, ch. 128).
EFFECTIVE DATE: June 1, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Audit
CHAPTER NUMBER AND TITLE: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies
ADOPTED RULE NUMBER: 2012-139
CONCISE SUMMARY: The Department has adopted final rules of the Maine Uniform Accounting and Auditing Practices for Community Agencies. The Maine Legislature directed the Department to adopt new rules that are consistent with federal standards and preserve the authority of community agency boards. Definitions have been expanded and changed to mirror federal definitions. The requirement for an audited Schedule of Agreement Operations and a compiled Agreement Settlement Form has been eliminated. Standards for a Schedule of Expenditures of Department Awards (SEDA) are established. Community agencies with annual agreement expenditures of $100,000, but less than $500,000 are required to have an entity-wide review of its financial statements and supplemental SEDA. Internal control standards have been changed to the five internal control standards adopted by the American Institute of Certified Public Accountants. Electronic submission is provided as the preferred method of submitting audits to the Department. Audit requirements have been updated and all audits must be performed in accordance with Government Auditing Standards.
Auditing requirements mirror generally accepted auditing standards, government auditing standards and Federal Circular OMB A-133. Audit reporting requirements have been updated to mirror Federal Circular OMB A-133 with the exception of known and likely questioned costs. Those costs have been quantified at $1,000 whereas OMB A-133 has quantified those costs at $10,000. Compliance requirements for community agencies are updated to mirror Federal Circular OMB A-133. The requirement for a budget revision for changes in revenue and any unbudgeted line items has been eliminated. The requirement for a budget revision for personnel and the all other category has been increased to the greater of $10,000 or 10%. The requirement for a budget revision in the subcontract category has been changed from a category to the greater of $1,000 or 10% per subcontract. Revenue restricted for a program is allowed to cost share in the same manner as unrestricted revenue. Standards for liquidation of outstanding balances have been added. Appeals, resolution and sanctions have been changed to reflect current practice for both DHHS and DOT. Finally, the responsibilities of both DHHS and DOT have been updated to reflect current practice.
These rules will not adversely impact small businesses or impose any added costs on municipalities or counties.
See http://www.maine.gov/dhhs/audit/social-services for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Caroll P. Thompson, CPA, Social Services Audit Manager, Division of Audit, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-2775. Fax: (207) 287-2601. TTY: 1 (800) 606-0215. E-mail: Caroll.Thompson@Maine.gov .
WEBSITE: WEBSITE: http://www.maine.gov/dhhs/audit/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose Hunting (K. Open and Closed Season)
ADOPTED RULE NUMBER: 2012-140
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules that provide for a controlled moose hunt during a specified period between August 15 and December 31, 2012 in designated areas in Aroostook County open to the hunting of moose by permit only to special landowners and guides through a lottery. In addition, moose hunting permits will be issued to disabled veterans in cooperation with the Maine Department of Defense, Veterans and Emergency Management, Bureau of Veterans Services. The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this hunt is to lower moose numbers in specific areas where they are causing damage.
EFFECTIVE DATE: May 8, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 � Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 256, Maine Medical Laboratory Rules
ADOPTED RULE NUMBER: 2012-141
CONCISE SUMMARY: The adopted rules repeal and replace the “Rules for Maine Medical Laboratories.” They include statutory changes made by the Maine Legislature in PL 2005 ch. 383 §21 regarding public health reporting requirements and PL 2011 ch. 531 regarding specimens and billing. The rules clarify which laboratories must secure a state license and which laboratories are exempt from state licensure. Since each medical laboratory, including laboratories that must have a state license and those exempt from state licensure, must have a federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) certification, the state rules have been amended to incorporate by reference CLIA federal regulations thereby eliminating redundancies and duplication between state and federal regulations. These changes align state rules with the federal (CLIA) provisions. The rules clarify the procedure to secure a permit for a health screening laboratory (HSL) event, such as a “health screening fair.”
The adopted rules are posted at http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml . Call (207) 287-9300 to have a paper copy of the rules mailed to you.
EFFECTIVE DATE: May 9, 2012
AGENCY CONTACT PERSON: Phyllis Powell, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; 1 (800) 791-4080. TTY 1 (800) 606-0215. Fax: (207) 287-5807. E-mail: Phyllis.Powell@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI Maine Public Assistance Manual, Rule #90E: Ch. II Eligibility Requirements (Non-Financial) - "Citizenship"
ADOPTED RULE NUMBER: 2012-142 (Emergency)
CONCISE SUMMARY: This rule is necessary to comply with the terms of the State FY2012 and FY2013 Biennial Budget, which eliminated State-funded TANF cash benefits for qualified aliens who are subject to a five-year waiting period for TANF and who are not receiving TANF prior to October 1, 2011 (or who have a pending application as of October 1, 2011). Pursuant to 5 MRSA §8054, the Department has determined that adopting this rule on an emergency basis is necessary to avoid an immediate threat to public health, safety or general welfare. This initiative achieves savings in a time of severe budget deficit.
Unless specifically exempt, lawfully-admitted aliens who enter the United States on or after August 22, 1996 are subject to the five-year waiting period from TANF. The five year bar begins on the date the alien gains qualified US Citizen Status. Maine has opted to continue covering any household that receives TANF assistance as of October 1, 2011 or that has an application pending as of October 1, 2011 and is later approved.
The rule also creates an exemption for legal non-citizens who are elderly or disabled as described in the laws governing Supplemental Security Income (SSI) under 42 USC, Sections 1381 to 1383f (2010), victims of domestic violence, or those who are experiencing other hardship(s) such as lack of time necessary to obtain proper work documentation.
EFFECTIVE DATE: May 2, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/public-assistance/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .