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Home > Weekly Rule-making Notices > November 6, 2013

November 6, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 409, Maine Solid Waste Management Rules: Processing Facilities
Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
PROPOSED RULE NUMBER: 2013-P224, 225 (comment deadline extended – originally published September 25, 2013)
BRIEF SUMMARY: As required by Resolves 2013 ch. 43 (Resolve, Directing the Department of Environmental Protection To Develop Quantitative Odor Management Standards) the Department of Environmental Protection has posted draft changes to the Solid Waste Management Rules: Processing Facilities, 06-096 CMR 409 and Composting Facilities, 06-096 CMR 410. The Department is now extending the comment deadline by 30 days to allow for additional comment by interested parties.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
A PUBLIC HEARING WAS HELD: October 15, 2013, 1:00 p.m., DEP Response Building, 4 Blossom Lane, Augusta, Maine 04333
COMMENT DEADLINE: The extended deadline for receipt of written comments on the proposed rule is 5 p.m., December 6, 2013. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7718. Fax: (207) 287-7826. E-mail: Paula.M.Clark@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None, unless a municipality is the owner/operator of a facility that processes wastewater from publicly owned treatment works or septage, in which case the municipality would be responsible for compliance with the quantitative odor management standards at its facility.
STATUTORY AUTHORITY FOR THE RULE: 38 MRS §1304(1), , Resolves 2013 ch. 43
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #12-13
PROPOSED RULE NUMBER: 2013-P250
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
PUBLIC HEARING: November 21, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 21, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2012-P251
CHAPTER NUMBER AND TITLE: Ch. 610, Rules for the Conduct of the Educators for Maine Program
BRIEF SUMMARY: The rule amendment conforms the rule to PL 2013 ch. 7, An Act to Make Changes to the Educators for Maine Program, which authorized qualified Jobs for Maine's Graduates specialists to obtain loan forgiveness.
PUBLIC HEARING: None scheduled; one would be scheduled at the request of 5 or more interested parties.
COMMENT DEADLINE: December 6, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel PO Box 949, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (800) 228-3734 ext. 3515. Fax: (207) 623-0095. E-mail: kgabrielson@famemaine.com. Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S.A. §969-A(14), 20-A M.R.S.A. §§ 12501 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME RULE-MAKING LIAISON: croney@famemaine.com .



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. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2013-P252
CONCISE SUMMARY: The Department is proposing the following changes to this rule, for the following reasons:
(1) Removed references to DirigoChoice, since the Maine Legislature has dissolved the Dirigo Health Agency (P.L. 2013 ch. 368 §A-19);
(2) As required by 45 CFR 162.410, requires that any MaineCare provider that is a “covered health care provider” must obtain a National Provider Identifier (NPI);
(3) Requires that MaineCare providers must include their NPI on their MaineCare Provider Agreements and MaineCare enrollment applications, and requires updates for new or changed NPIs;
(4) Requires that all MaineCare providers must include their NPI on all MaineCare claims, pursuant to the Affordable Care Act, Section 6402(a) as codified in 42 CFR 431.107, or those claims will be denied;
(5) Pursuant to 42 CFR 455.410, specifies that, in order for MaineCare to reimburse for services or medical supplies or prescriptions resulting from a provider’s order, prescription or referral, the ordering, prescribing or referring (OPR) provider must be enrolled in MaineCare, and the OPR provider’s NPI must be on the claim. This change will be effective when the Maine Medicaid Management Information System (MMIS) is able to process this change, and the Department will notify all providers via the Listserve, and also serve notice on the Secretary of State’s office as required by 5 MRSA §8052(6);
(6) Pursuant to P.L. 2013 ch. 368 Part A-34, effective January 1, 2014, if approved by CMS, the Department will limit cost sharing payments, for the Qualified Medicare Beneficiary without other Medicaid (QMB Only) population, to hospital and nursing facility providers to the amount necessary to provide a total payment equal to the amount MaineCare would pay for these services under the State Plan. The Department will seek CMS approval to amend its State Plan for this change.
(7) Finally, the Department made some additional changes to the 1.07-5 (Medicare provision), all to comport with the current State Plan, and these changes also reflect the Department’s current practice: (a) adding hospitals and nursing facilities to the list of MaineCare providers who may bill MaineCare for cost sharing, however, the cost sharing is limited in that it cannot exceed the lowest rate that Medicare determines to be the allowed amount; (b) deleting references to “Medicare Part B” in provisions where the provisions related both to Medicare A and B, pursuant to the State Plan; (c) deleting a provision regarding claims received from January 1, 1997 to February 29, 2000, since that time period has long passed.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 25, 2013, 9:00 a.m., Burton Cross Building, 111 Sewall Street, Room 600, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before November 21, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 5, 2013.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Michael J. Dostie, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287- 6124. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: As of October 1, 2013, the Department cannot determine what the fiscal impact of this rule-making will be, because the State Medicaid Management Information System cannot currently capture the Medicare rates, so the savings cannot be determined. The Department is working on determining the fiscal impact, and hopes to have this information at the time the rule is adopted on or before January 1, 2014.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173; Patient Protection and Affordable Care Act (PPACA) Pub. L. No. 111-148, §6402(a), 124 (2010); P.L. 2013, ch. 368, Sec. A-34; 42 CFR 431.107; 42 CFR 455.410; 5 MRSA §8052(6).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-13
ADOPTED RULE NUMBER: 2013-255
CONCISE SUMMARY: Minimum November 2013 Class I price is $23.45/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $27.13/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: November 3, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), jointly with 95-659, Maine Vaccine Board
CHAPTER NUMBER AND TITLE: Ch. 248, List of Vaccines to be provided by the Universal Childhood Immunization Program
ADOPTED RULE NUMBER: 2013-256, 257
CONCISE SUMMARY: The principal objective of the rule is to allow the Board after it conducts a public hearing to consider which vaccines should be covered by the program, to vote either to maintain the current list of vaccines or amend the list.
The rule amends the date by which the Board votes to identify required vaccines rather than requiring the Board to act by January 1st of each year. This rule tracks the statutory requirement that the Board merely vote on the vaccine list on an annual basis. The rule also establishes a mechanism for a party aggrieved by a Board decision to seek administrative review. In addition to establishing the required list of pediatric vaccines under the Immunization Program, the Board also determines assessments to be imposed upon assessed entities each year, the proceeds from which support the acquisition of the pediatric vaccines. Since the Maine Vaccine Board is an independent executive agency charged with governing the Universal Childhood Immunization Program, the Board would need to establish its own process for administrative fair hearings. Although DHHS is required to administer the Program, any fair hearing requests would go not to the DHHS Office of Administrative Hearings, but rather to an administrative process established by the Maine Vaccine Board.
STATUTORY AUTHORITY: 22 MRSA §1066
EFFECTIVE DATE: November 2, 2013
AGENCY CONTACT PERSON: Kathleen M. Mahoney, DHHS, Maine Center for Disease Control and Prevention, Maine Immunization Program, 286 Water St Augusta, ME 04330. Telephone: (207) 287- 9923. E-mail: Kathleen.Mahoney@Maine.gov .
WEBSITES: MeCDC: http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/index.shtml . Maine Vaccine Board: http://www.mevaccine.org/
MeCDC CONTACT PERSON: Christine.Zukas@Maine.gov .
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. 323, Maine General Assistance Policy Manual, Rule #16A: accountability, cost-effectiveness, uniformity, and program integrity - Section III, Definitions; Section IV, Levels of Assistance; Section V, Eligibility Factors; Section XIII, Reporting
ADOPTED RULE NUMBER: 2013-258
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 110% 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.
EFFECTIVE DATE: November 1, 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/services/general-assistance/index.html .
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 # 101A: Special Needs Housing Allowance – Ch. IV pages 7 & 10; Appendix – charts on page 2, 2a, & 2b
ADOPTED RULE NUMBER: 2013-259
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013 ch. 368 Part 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.
EFFECTIVE DATE: November 1, 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 .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/home.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .