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Home > Weekly Rule-making Notices > September 4, 2013

September 4, 2013

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 for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, Maine Public Assistance Manual (TANF), Rule #101P: Special Needs Housing Allowance (Ch. IV, pages 7 & 10); Appendix – charts on pages 2, 2a, & 2b
PROPOSED RULE NUMBER: 2013-P183
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013, Ch. 368, Pt. UUU, §1(6)) to increase the special needs housing allowance to a maximum of $200 per month for each family whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: Midnight, September 27, 2013
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4109. TTY: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3762(3)(A), and 3769-A; Public Law 2013 ch. 368, pt. UUU §1(6)
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
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 RULE TITLE: Ch. 323, Maine General Assistance Policy Manual, Rule #16P: General Assistance accountability, cost-effectiveness, uniformity, and program integrity
PROPOSED RULE NUMBER: 2013-P184
CONCISE SUMMARY: This rule permanently adopts Emergency Rule 16E and implements provisions of the Biennial Budget (PL. 2013 ch. 368 Part OO, Sections OO-4,5,6,7,10,12, & 13).
Fugitive from Justice Ineligible for GA. A fugitive from justice is not eligible for general assistance.
Calculation of Pro Rata Share. When an applicant shares a dwelling unit with one or more individuals, eligible applicants may receive assistance for no more than their pro rata share of the actual costs of the shared basic needs of that household. The pro rata share is calculated by dividing the maximum level of assistance available to the entire household by the total number of household members. Income of household members not legally liable for supporting the household is considered available to the applicant only when there is a pooling of resources.
Lump Sum Calculator. All income received by the household between the receipt of the lump sum payment and the application for assistance is added to the remainder of the lump sum and the total is then prorated. The period of proration is then determined by dividing this total by the verified actual prospective thirty day budget for all of the household's basic necessities.
Unemployment Benefits as Available Income in Cases of Fraud. Consistent with 22 MRSA §4317, an individual who is found to be ineligible for unemployment compensation benefits because of a finding of fraud by the Maine Department of Labor pursuant to 26 MRSA §1051(1) shall be ineligible to receive general assistance to replace the forfeited unemployment compensation benefits for the duration of the forfeiture as established by the Maine Department of Labor.
Maximum Level of Assistance for fiscal years 2013-14 and 2014-15. It establishes the aggregate maximum level of general assistance for July 1, 2013 to June 30, 2014 as the amount that is greater than 90% of 1100% of the U.S. Department of Housing and Urban Development fair market rent for federal fiscal year 2013 or the amount achieved by increasing the maximum level of assistance for fiscal year 2012-13 by 90% of the increase in the federal poverty level for 2013 over the federal poverty level for 2012. The same formula is used for July 1, 2014 to June 30, 2015.
Indian tribe reimbursement. It establishes the general assistance reimbursement formula for Indian tribes as 10% of the reimbursement amount, up to 0.0003 of that tribe’s most recent state valuation added to 100% of the amount in excess of 0.0003 of that tribe’s most recent state valuation.
Circuitbreaker Program benefits as income. It counts the Circuitbreaker Program benefits as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities.
Municipal Property Tax Assistance. It counts the property tax fairness credit as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: Midnight, October 4, 2013
AGENCY CONTACT PERSON: Dave MacLean, General Assistance Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4138. TTY: 711 (Maine Relay). E-mail: Dave.MacLean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, 22 MRSA §4301 et seq., 5 MRSA §8054, Public Law 2013 ch. 368, section OO
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 401, Administrative Rules for Uniform Commercial Code, Title 11, Article 9-A
PROPOSED RULE NUMBER: 2013-P185
BRIEF SUMMARY: The Administrative Rules for the Uniform Commercial Code (UCC) augment and clarify the procedures for filing a notice of lien against personal property pursuant to Title 11, Article 9-A. The Rules primarily address filing office procedures such as approved forms, fees, filing acknowledgement, the UCC information management system, filing and data entry procedures, and search requests and reports. The proposed repeal and replacement of this rule will bring Maine's Administrative Rules for UCC closer to conformity with the Model Administrative Rules approved by the International Association of Commercial Administrators (IACA).
PUBLIC HEARING: Tuesday, September 24, 2013; 10:00 a.m. to 1:00 p.m.; Room 400, Burton M. Cross Building, 111 Sewall Street, Augusta, Maine 04330
COMMENT DEADLINE: Friday, October 4, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / CEC RULE-MAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of CEC, 101 State House Station, Augusta, Maine 04333-0101. Telephone: (207) 624-7736. E-mail: Julie.Flynn@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 11 MRSA §9-I526
SUBSTANTIVE STATE OR FEDERAL LA W BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/cec/index.html .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
PROPOSED RULE NUMBER: 2013-P186
CONCISE SUMMARY: This proposed rule-making seeks to permanently adopt changes already made on an emergency basis, implementation of budget initiative of P.L. 2013 ch. 368, as amended by P.L. 2013 ch. 423. This rule-making will, retroactive to April 1, 2013, increase the number of days that MaineCare reimburse a hospital for Therapeutic Leave of Absence- During Days Awaiting Nursing Facility Placement from one (1) day to twenty (20) days per state fiscal year. The rule-making also makes clerical clarifications and corrections in several places: on pages 8 and 10 changing “days waiting” to “days awaiting” to be consistent with language elsewhere in the rule; and inserting the words “Therapeutic Leave of Absence During Days Awaiting Nursing Facility Placement” on page 7 and changing that entry in the Table of Contents so that it conforms to the language on page 7.
The Department is seeking approval from the Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, September 23, 2013 - 8:30 a.m., 242 State Street, Conference Room 1, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 9, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 3, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Peter Kraut, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013 ch. 368, Section A-34, and Part LLLLL; PL 2013 ch. 423. 22 MRSA Ch. 855 §3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OFI WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, Ch. II Section 67, Nursing Facility Services
PROPOSED RULE NUMBER: 2013-P187
CONCISE SUMMARY: This proposed rule-making seeks to permanently adopt changes already made on an emergency basis, implementation of budget initiative of P.L. 2013 ch. 368, as amended by P.L. 2013 ch. 423. This rule-making will, retroactive to April 1, 2013, increase the number of days that MaineCare will reimburse a nursing facility for: (a) Therapeutic Leave of Absence from one (1) day to twenty (20) days per state fiscal year, and (b) Bed Hold Days from four (4) per year to seven (7) per inpatient hospitalization. The rule-making also makes the following clerical changes: (1) inserts the word “Therapeutic” before “Leave Days for a MaineCare Member” on page 39, (2) changes that entry in the Table of Contents so that it conforms to the language on page 39. The Department is seeking approval from the Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, September 23, 2013 - 8:30 a.m. - 242 State Street, Conference Room 1, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 9, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 3, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Peter Kraut, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013 ch. 368 Section A-34, and Part LLLLL; PL 2013 ch. 423; 22 MRSA Ch. 855 §3173; 22 MRSA §42(8); 5 MRSA §8054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OFI WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 4, Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2013-P188
CONCISE SUMMARY: This rule is proposed to permanently adopt the provisions now in place by emergency rule that eliminate coverage of Medicare Part D copayments for members of the Medicare Savings Program who are not eligible for, or receiving the full MaineCare benefit. This change is being made pursuant to PL 2013 Ch. 368 Part A, Section A-34, the Maine Biennial Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 23, 2013 1:00 p.m., 111 Sewall Street, Cross Office Building, Room 104, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before September 16, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 3, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.Obrien@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will result in any additional costs upon municipalities and/or counties or cause any adverse economic impact on small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173, 254-D; and PL 2013 Ch. 368 Part A, Section A-34
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OFI WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 17-229 - Maine Department of Transportation (MDOT)
PROPOSED RULE NUMBER: 2013-P189
CHAPTER NUMBER AND TITLE: Permanent amendment to 17-229 CMR ch. 306, “Truck Size and Weight Limits on Maine’s Interstate Highway System”
BRIEF SUMMARY: This amendment will make permanent the emergency amendment to Ch. 306 that became effective on June 11, 2013.
PUBLIC HEARING: No public hearing is scheduled. To request a public hearing, please contact Bill Akins at the address listed.
COMMENT DEADLINE: Comments must be received by close of business on October 4, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Bill Akins, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2011 ch. 482, codified at 29-A MRSA §2355-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mdot/ .
MDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
ADOPTED RULE NUMBER: 2013-207 (Emergency)
CHAPTER NUMBER AND RULE TITLE: Ch. 323, OFI Maine General Assistance Policy Manual, Rule #16E: General Assistance accountability, cost-effectiveness, uniformity, and program integrity.
1. Fugitive from Justice Ineligible for GA
2. Calculation of Pro Rata Share
3. Lump Sum Calculation
4. Unemployment Benefits as Available Income in Cases of Fraud
5. Maximum Level of Assistance for fiscal years 2013-14 and 2014-15;
6. Indian tribe reimbursement;
7. Circuitbreaker program benefits as income; and
8. Countable Source of Income
CONCISE SUMMARY: This rule implements provisions Biennial Budget (PL, 2013, ch. 368, Part OO, Sections OO-4,5,6,7,10,12, & 13), effective August 1, 2013.
Fugitive from Justice Ineligible for GA. A fugitive from justice is not eligible for general assistance.
Calculation of Pro Rata Share. When an applicant shares a dwelling unit with one or more individuals, eligible applicants may receive assistance for no more than their pro rata share of the actual costs of the shared basic needs of that household. The pro rata share is calculated by dividing the maximum level of assistance available to the entire household by the total number of household members. Income of household members not legally liable for supporting the household is considered available to the applicant only when there is a pooling of resources.
Lump Sum Calculator. All income received by the household between the receipt of the lump sum payment and the application for assistance is added to the remainder of the lump sum and the total is then prorated. The period of proration is then determined by dividing this total by the verified actual prospective thirty day budget for all of the household's basic necessities.
Unemployment Benefits as Available Income in Cases of Fraud. Consistent with 22 MRSA §4317, an individual who is found to be ineligible for unemployment compensation benefits because of a finding of fraud by the Maine Department of Labor pursuant to 26 MRSA §1051(1) shall be ineligible to receive general assistance to replace the forfeited unemployment compensation benefits for the duration of the forfeiture as established by the Maine Department of Labor.
Maximum Level of Assistance for fiscal years 2013-14 and 2014-15. It establishes the aggregate maximum level of general assistance for July 1, 2013 to June 30, 2014 as the amount that is greater than 90% of 1100% of the U.S. Department of Housing and Urban Development fair market rent for federal fiscal year 2013 or the amount achieved by increasing the maximum level of assistance for fiscal year 2012-13 by 90% of the increase in the federal poverty level for 2013 over the federal poverty level for 2012. The same formula is used for July 1, 2014 to June 30, 2015.
Indian tribe reimbursement. It establishes the general assistance reimbursement formula for Indian tribes as 10% of the reimbursement amount, up to 0.0003 of that tribe’s most recent state valuation added to 100% of the amount in excess of 0.0003 of that tribe’s most recent state valuation.
Circuitbreaker Program benefits as income. It counts the Circuitbreaker Program benefits as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities.
Municipal Property Tax Assistance. It counts the property tax fairness credit as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES: It is expected that the municipalities will save money as a result of the changes described-above.
STATUTORY AUTHORITY: 22 MRSA §42; 22 MRSA §4301 et seq.; 5 MRSA §8054; Public Law 2013 ch. 368 sections OO and UU
EFFECTIVE DATE: August 26, 2013
AGENCY CONTACT PERSON: Dave MacLean, General Assistance Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4138. TTY: 711 (Maine Relay). E-mail: Dave.MacLean@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/
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. 301, OFI Food Supplement Program, Rule #180A: Updated Trafficking Definition and Supplemental Nutrition Assistance Program (SNAP) – Food Distribution Program on Indian Reservations (FDPIR) Dual Participation
ADOPTED RULE NUMBER: 2013-208
CONCISE SUMMARY: This rule-making codifies provisions in the Food Nutrition Act of 2008 that improve Program integrity. It is expected to enhance the program's ability to serve those who are truly in need, and help to ensure that SNAP benefits are used as intended.
EFFECTIVE DATE: August 31, 2013
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4108
TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2013-209
CONCISE SUMMARY: The Department seeks to adopt this rule in accordance with P.L. 2011, ch. 657, (L.D. 1746), Part A, S, §S-1 (125th Legis.) effective January 1, 2013 that limits MaineCare reimbursement for methadone for the treatment of addiction to opioids to a maximum of twenty-four (24) months per lifetime, except as permitted with prior authorization beyond twenty-four (24) months. Only treatment after January 1, 2013 will count toward the limit.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 31, 2013
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ann.OBrien@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
ADOPTED RULE NUMBER: 2013-P210 (Emergency)
CONCISE SUMMARY: This emergency rule-making, effective August 27, 2013, retroactive to April 1, 2013 seeks to implement a provision in the 2014-15 budget law (P.L. 2013 ch. 368), as amended by P.L. 2013 ch. 423. Specifically, this rule-making will increase the number of days that MaineCare will reimburse a hospital for therapeutic Leave of Absence-During Days Awaiting Nursing Facility Placement from one (1) day to twenty (20) days per state fiscal year.
The Department is seeking approval from the Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 27, 2013
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 67, Nursing Facility Services
ADOPTED RULE NUMBER: 2013-P211 (Emergency)
CONCISE SUMMARY: This emergency rule-making, effective August 27, 2013, retroactive to April 1, 2013 seeks to implement a provision in the 2014-15 budget law (P.L. 2013 ch. 368), as amended by P.L. 2013 ch. 423. Specifically, this rule-making will increase the number of days that MaineCare will reimburse a nursing facility for: (a) Therapeutic Leave of Absence from one (1) day to twenty (20) days per state fiscal year, and (b) Bed Hold Days from four (4) per year to seven (7) per inpatient hospitalization.
The Department is seeking approval from the Centers for Medicare and Medicaid Services for a state plan amendment for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 27, 2013
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6131. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 5
ADOPTED RULE NUMBER: 2013-212
CONCISE SUMMARY: The amendment eliminates certain non-commercial lenders from the definition of an eligible lender under the program.
EFFECTIVE DATE: September 1, 2013
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program, Amendment 2
ADOPTED RULE NUMBER: 2013-213
CONCISE SUMMARY: The amendment clarifies that QLICI must be made prior to the Authority certifying the QEI for investment credits. The amendment also implements certain legislative changes which were made by PL 2013, Ch. 75, changing the program limit from $40 million and $40 million per QLICB to $10 million and $40 million per distinct project undertaken by the QLICB.
EFFECTIVE DATE: September 1, 2013
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .