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Home > Weekly Rule-making Notices > April 9, 2014

April 9, 2014

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: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch.420, Nursing Home Care Insurance and Long Term Care Insurance
PROPOSED RULE NUMBER: 2014-P057
BRIEF SUMMARY: The proposal implements 2013 PL c. 278 by establishing claim practice standards for long term care insurers as well as appeal processes for adverse benefit determinations. Other minor changes are also proposed.
DETAILED BASIS STATEMENT / SUMMARY: The proposal implements 2013 PL c. 278 by establishing claim practice standards for long term care insurers as well as appeal processes for adverse benefit determinations. Other minor changes are also proposed. Rule Ch. 420 applies to nursing home care and long term care insurance policies issued prior to October 1, 2004. Rule Ch. 425, also simultaneously being proposed for amendment, applies to policies issued on or after October 1, 2004.
PUBLIC HEARING: April 29, 2014, 1:00 p.m., Kennebec Room, Maine Department of Professional & Financial Regulation Building, 76 Northern Ave., Gardiner, ME
COMMENT DEADLINE: May 12, 2014, 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA §§ 212, 5052, 5053, 5078, 5083
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 2013 PL c. 278
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 425, Long Term Care Insurance
PROPOSED RULE NUMBER: 2014-P058
BRIEF SUMMARY: The proposal implements 2013 PL c. 278 by establishing claim practice standards for long term care insurers as well as appeal processes for adverse benefit determinations. Other minor changes are also proposed.
DETAILED BASIS STATEMENT / SUMMARY: The proposal implements 2013 PL c. 278 by establishing claim practice standards for long term care insurers as well as appeal processes for adverse benefit determinations. Other minor changes are also proposed. Rule Ch. 425 applies to long term care insurance policies issued on or after October 1, 2004. Rule Ch. 420, also simultaneously being proposed for amendment, applies to policies issued prior to October 1, 2004.
PUBLIC HEARING: April 29, 2014, 1:00 p.m., Kennebec Room, Maine Department of Professional & Financial Regulation Building, 76 Northern Ave., Gardiner, ME
COMMENT DEADLINE: May 12, 2014, 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24 M.R.S. §§ 2316, 2321 and by 24-A M.R.S. §§ 212, 2412, 2413, 2414, 2736, 5071, 5072, 5073, 5074, 5075, 5077, 5078, 5080, 5083
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 2013 PL c. 278
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .



AGENCY: 02-322 - Department of Administrative and Financial Services (DAFS), State Board of Licensure for Professional Engineers
CHAPTER NUMBER AND TITLE: Ch. 1 thru 6, Rules of the State Board of Licensure for Professional Engineers
PROPOSED RULE NUMBER: 2014-P059 thru P064
BRIEF SUMMARY: The State Board of Licensure for Professional Engineers is proposing to repeal Ch. 1-3 and replace them with new Ch. 1-6. Revisions enacted in 2013 to 32 MRSA §1251 et. seq. regarding national licensing examinations prompted rule revisions. Additional changes include clarifications of the use of the seal, corrections, the elimination of redundancies, and division into small topic-specific chapters.
DETAILED BASIS STATEMENT / SUMMARY: The State Board of Licensure for Professional Engineers proposes to repeal Ch. 1-3 and replace them with new Ch. 1-6. These changes were initially prompted by revisions to the statute governing the qualification and licensure of professional engineers, 32 MRSA §1251 et. seq., which took effect on October 9, 2013.
The revisions were made necessary because the nationally administered Fundamentals of Engineering examination transitioned to an entirely computer-based testing model beginning in January, 2014. It is anticipated that the discipline-specific Principles and Practice of Engineering examinations will also transition to computer-based testing over the next several years.
Additional changes include revisions to the rule regarding the use of the professional engineer seal by Licensees. These changes are intended to simplify and clarify guidelines for when the seal is necessary and when it is not necessary.
The rule was also sub-divided into smaller topic-specific chapters, and the topics were reordered to make them more accessible. The purpose of creating smaller chapters was to make them more internally consistent, to make subjects easier to locate and to understand, and to make the rule simpler to revise in the future.
To make the rule more consistent with state guidelines, definitions were grouped together at the beginning of Ch. 1, language that unnecessarily repeated statutory language was eliminated, and typographical and grammatical errors were corrected.
A copy of the proposed rule is available from the Board office: 92 SHS, Augusta, ME 04333-0092.
PUBLIC HEARING: May 1, 2014, 4:00pm, MaineDOT, Room #216, 24 Child Street, Augusta, ME 04333
COMMENT DEADLINE: May 11, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: David Jackson, Executive Director, State Board of Licensure for Professional Engineers, 92 State House Station, Augusta, ME 04333-0092. Telephone: (207) 287-3236. Fax: (207) 287-3239. E-mail: David.Jackson@Maine.gov .Website: www.maine.gov/professionalengineers/ .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §1306(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting (K. Open and Closed Season)
PROPOSED RULE NUMBER: 2014-P065
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule that provides for a controlled moose hunt during a specified period between August 15 and December 31, 2014 in designated areas in Aroostook County. The hunt would be by permit only to 25 eligible disabled veterans in cooperation with the Maine Department of Defense, Veterans and Emergency Management, Bureau of Veterans Services. The purpose of the controlled moose hunt is to reduce moose numbers in specific areas where they are causing crop damage.
A detailed copy of the rule may be obtained from the Agency Contact person listed below.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: May 9, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual; Gambling Winnings Offset Statute Updates for Ch. 14 and 15
PROPOSED RULE NUMBER: 2014-P066
BRIEF SUMMARY: This rule-making implements the procedures set forth in 8 M.R.S. §§ 300-B and 1066, allowing DSER to collect child support debt from gambling winnings.
DETAILED BASIS STATEMENT / SUMMARY: In 2013 the Maine State legislature enacted 8 M.R.S. §§ 300-B and 1066, which directed the Department to create a registry of individuals with outstanding child support debt, and for gambling facility licensees, including pari-mutuel track operators and casino operators, to electronically access the registry before paying out gambling winnings to ascertain whether the individual owes an outstanding child support debt. If the individual is found to have a support debt, the licensee will withhold the amount of the winnings that corresponds to the debt, and send that amount to the Division of Support Enforcement and Recovery (DSER). This rule implements those statute changes into the Maine Child Support Enforcement Manual, along with appropriate notice and appeal procedures.
This is a second request for approval, since members of the Maine gaming industry proposed some suggestions for the rule before the approval process was completed, which we have accommodated with this revision. Revisions to Ch. 14 include the addition of language clarifying that 14 M.R.S. §4422 exemptions do not apply to liens for the purpose of child support, as well as minor changes to fix typographical and grammatical errors. Revisions to Ch. 15 include the removal of references to particular sections of Ch. 12 that were changed in a recent rule-making, correction of typographical errors, and the addition of details to the offset procedures. The gaming industry requested that process details be added, for clarity, and the following language was inserted in Section 9:
A. The licensee will make a good faith effort to obtain information from the support debt registry to determine whether a particular winner owes a child support debt. “A good faith effort” is shown when a licensee makes at least two separate attempts to obtain information from the registry.
B. The licensee shall transmit the amount withheld to the Division, together with the name and Departmental member ID of the obligor, within 7 days after withholding the lien amount.
C. The information obtained from the Division or the licensee for purposes of this Chapter is confidential, and may be used only for the purposes of withholding gambling winnings for a child support debt.

PUBLIC HEARING: None
COMMENT DEADLINE: May 9, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §42(1); 8 M.R.S. §§ 300-B, 1066
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 2, Pricing of Spirits
PROPOSED RULE NUMBER: 2014-P067
BRIEF SUMMARY: This amendment updates the existing rules governing the pricing of spirits. This amendment updates definitions to align language with Title 28-A and current spirits business practices; aligns the functional business process of spirits pricing with these rules; adds new price points for spirits products under 375 milliliters; changes discount rates for agency liquor stores from 9%, 10% and 12% to 12% and 14% based on retail prices and adds a growth incentive plan for agency liquor stores for the overall growth of the spirits business.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: May 23, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Acting Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRSA §83-A; 28-A MRSA §606 sub-§4-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1-A (New), State Heritage Fish Waters
PROPOSED RULE NUMBER: 2014-P068
BRIEF SUMMARY: In accordance with Title 12, Section 12461, the Department of Inland Fisheries and Wildlife is proposing to adopt a list of lakes and ponds identified as State Heritage Fish waters. The law also prohibits the Commissioner from stocking or issuing permits to stock fish and prohibits the use or possession of live fish as bait on these waters. Some of the waters may be restricted to the use of artificial lures only on limited to fly fishing only; others will have a “no live fish as bait” (S-4) regulation.
A copy of the list may be obtained from the agency contact person listed above.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: May 9, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 92, Behavioral Health Home Services (New)
ADOPTED RULE NUMBER: 2014-059
CONCISE SUMMARY: This rule-making creates Behavioral Health Homes, effective April 1, 2014 (conditional upon Centers of Medicare and Medicaid Services approval of a state plan amendment) which will provide a comprehensive system of care coordination for members with Serious Emotional Disorders (SED), and Serious and Persistent Mental Illness (SPMI)). Members eligible for Section 92 services may also be eligible for services under Section 13 (Targeted Case Management), Section 17 (Community Integration Services) and/or Section 91 (Health Home Services); such members may not receive those services at the same time that they receive Section 92 services, and must choose among the different types of services for which they are eligible.
Section 92 services shall be provided to eligible members by a Behavioral Health Home Organization (BHHO) that partners with one or more Health Home Practices (HHPs). BHHOs and HHPs shall integrate and coordinate all primary, acute, behavioral health and long term services and supports for eligible members. BHHOs shall develop and implement a comprehensive Plan of Care for each member. Section 92 services are expected to result in improved physical and behavioral health outcomes for members, reduced hospital admissions and emergency room use, better transitional care, improved communication between health care providers, and the increased use of preventive services, community supports, and self-management tools.
Section 92 Behavioral Health Homes are implemented pursuant to section 2703 of the Affordable Care Act, 42 U.S.C. §1396w-4. The Department is seeking approval of a State Plan Amendment from the Centers for Medicare and Medicaid Services. Section 2703 provides an enhanced federal matching rate of 90% for the first eight (8) quarters following the effective date of the program.
The rule has been amended to reflect public comments received, including the following:
* 92.01 Definitions:
        o 92.01-3 Electronic Health Record (EHR): Additional language has been added to this section to clarify the EHR definition.
        o 92.01-7 Plan of Care: deleted language that required all clinical data to be in the Plan of Care.
* 92.02-1 Provider Requirements (BHHO):
        o Clarified the role of the Psychiatric Consultant
        o Added additional language regarding the type of nurse that can provide the service
        o Added language that permitted the use of Licensed Master Social Worker Conditional II licensure
        o Amended Certified Intentional Peer Support Specialist language to clarify certification requirements
        o Added language to clarify that an individual who provides peer support services for children will be called a “Family or Youth Support Specialist,” rather than a CIPSS, and added language clarifying such individuals’ certification requirements
        o Amended language regarding the role of the HH Coordinator to specify that the HH Coordinator “supports and encourages”
        o Removed language regarding “SPMI member” Added Physician’s Assistant to list of professionals that can serve as Medical Consultant
        o Clarified that the Medical Consultant role may be pro-rated
        o Amended language regarding co-occurring capability
        o Amended language to align with/reference licensing standards
        o Specified that the HHP and BHHO may have an executed contract or a Memorandum of Agreement (MOA), and provided detail regarding the required contents of the contract or MOA
        o Deleted language requiring that EHRs be used to share information
        o Deleted language requiring that BHHO protocols with hospitals must require prompt notification to the BHHO of a member’s admission and discharge
        o Clarified language regarding team-based approach to care
        o Clarified language on enhanced access
        o Included language on recovery
        o Deleted language that BHHO would be held accountable for savings resulting from reductions in wasteful spending
        o Clarified that member and family participation in leadership and/or advisory activities includes, but is not limited to, serving on agency’s Board of Directors, involvement in internal advisory committees that solicit and support the engagement of consumers and families in identifying needs and solutions, etc.
* 92.02-2 Provider Requirements (HHP):
        o Deleted language requiring that EHRs be used to share information
        o Specified that the HHP and BHHO may have an executed contract or a Memorandum of Agreement (MOA), and provided detail regarding the required contents of the contract or MOA
        o Deleted language requiring that HHP protocols with hospitals must require prompt notification to the HHP of a member’s admission and discharge
        o Clarified language on site assessment
        o Clarified that open access scheduling means that the organization leaves some percentage of its appointment hours open for same-day/next day appointments
        o Replaced the term “behavioralist” with a “behavioral health professional”
* 92.03 Member Eligibility
        o Made changes to this section to reflect that information on the member shall be stored only in the member’s record and not the member’s record and the Plan of Care
        o Updated (Diagnostic and Statistical Manual of Mental Disorders) DSM title
* 92.04 Policies And Procedures For Member Identification And Enrollment
        o Clarified that members will be identified based on current prior authorizations and not via a 12-month look back period
        o Clarified that the time period to identify an HHP is six months and not 180 days
        o Amended to use “enrollment” and not “assignment” throughout
        o Amended to refer to “members’ clinical documentation,” as opposed to “medical documentation”
* 92.05 Covered Services
        o Amended that BHH services may be delivered “in any community location where confidentiality can be maintained” as opposed to “in any appropriate location”
        o Amended to include additional language about member strengths
        o Deleted requirement that all clinical data would need to be contained in the member’s Plan of Care
        o Amended to reflect documentation required in member record and not Plan of Care
        o Clarified the meaning of “crisis provider”
        o Clarified that the BHHO shall facilitate access to psychiatric services, not provide access
        o Clarified that the BHHO shall facilitate access to referral services, not ensure successful referral
        o Added language – consistent with Section 91 – to clarify that as part of care management, HHPs shall conduct certain screenings and assessments for all of their assigned BHH members
* 92.06 Non-Covered Services and Limitations
        o Deleted language that referenced direct delivery of underlying services
        o Amended language to reflect that the member may only have one BHHP Team
* 92.07 Reporting Requirements
        o Deleted the list of quality measures
* 92.08 Documentation and Confidentiality
        o Amended language to reference current licensing standards
        o Deleted 92.08 (B) “Record Retention,” because it is redundant with the requirements of MaineCare Benefit Manual Chapter 1, Section 1
        o Deleted “The disclosure of information regarding members receiving services herein is strictly limited to purposes directly connected with the administration of the MaineCare program” because it would preclude any other sharing of information permitted by state and federal law
* 92.09 Minimum Requirements for Reimbursement
        o Amended language to reflect provider requirement to submit cost and utilization reports upon request by the Department, in a format determined by the Department
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 1, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. E-mail: Peter.Kraut@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE:
Ch. 32, Eels: 32.35, Elver Quota System for 2014 Elver Season
Ch. 8, Landings Program: 8.10(C)(3), Additional Data Elements and Requirements for Specific Fisheries: Elvers
ADOPTED RULE NUMBER: 2014-060, 061 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to correct an inadvertent inclusion in the March 26, 2014 adopted emergency rule as part of the enacted Ch. 32.35, Elver Quota System, for 2014 Elver Season. This rule-making action would delete the following language:
“the maximum amount of elver individual quota that an individual licensed to fish for elvers under 12 M.R.S. §6505-A will be allocated is 1% of the total amount of elver fishing quota that will be allocated to individuals licensed to fish for elvers under 12 M.R.S. §6505-A, or 87.1 lbs.”
This emergency rule-making would also delete sections of the existing Ch. 8, Landings Program’s elver reporting requirements that have been found to be in conflict with 12 M.R.S. §6864, amended by P.L. 2014, Ch. 468, §§ 37 and 38 (emergency, effective March 13, 2014).
As authorized by 12 M.R.S. §6505-A, sub-§3-A, the Commissioner of Marine Resources adopts this emergency regulation.
EFFECTIVE DATE: March 29, 2014
AGENCY CONTACT PERSON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov ,
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 18-674 – Department of Administrative and Financial Services (DAFS), Maine Board of Tax Appeals
CHAPTER NUMBER AND TITLE: Ch. 100, Practice and Procedure
ADOPTED RULE NUMBER: 2014-062
CONCISE SUMMARY: The Board is amending Ch. 100 of its rules in order to comply with recent legislative changes contained in P.L. 2013, c. 45 and P.L. 2013 c. 331, which primarily concern when taxpayers may appeal to the Board and who may represent taxpayers before the Board. Additionally, based on the Board's experiences thus far and in response to suggestions from parties that have appeared before the Board, the proposed amendments to Ch. 100 will: (1) change the current process for submitting documents, which calls for simultaneous submissions from the parties, to one that uses a staggered set of submissions (with page limits), whereby taxpayers submit their arguments first and Maine Revenue Services submits an answer; (2) explain what information the Board will consider in an appeal; (3) create a detailed process for requesting a subpoena from an Appeals Officer; (4) increase both the amount of notice given to parties of Board meetings and the number of days prior to Board meetings by which parties must submit statements of position and requests to address the Board; and (5) formalize the procedure for parties to orally address the Board. Finally, the proposed amendments include a number of suggestions by the Appeals Office staff for clarifying the existing rules, correcting minor errors and making the rules more uniform in their format and terminology.
In addition, when it met on 13 January 2014 to approve the amendments described above, the Board approved two additional amendments to those rules. The first is to eliminate the existing language concerning the refund of fee paid for an appeals conference in the event that the relevant appeal is withdrawn before the conference is held. The second is to clarify that: (1) when a party to an appeal requests that the Board Chair be recused, the Chair must designate another Board member who will determine whether or not the request shall be granted; but (2) the Chair may also recuse himself or herself from an appeal whenever the Chair believes that such recusal is appropriate.
EFFECTIVE DATE: May 1, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Robert A. Creamer, Maine Board of Tax Appeals, 134 State House Station, 108 Sewall Street, Augusta, Maine, 04333-0134. Telephone: (207) 287-2866. E-mail: Robert.A.Creamer@Maine.gov .
WEBSITE: http://www.maine.gov/boardoftaxappeals/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2014-063 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has adopted changes to this major substantive rule to provide services for members with Intellectual Disabilities and Autistic Disorders (Section 21) concurrently with the operation of a 1915(b) Non-Emergency Transportation Waiver. Members who receive services under this policy are provided Non-Emergency Transportation under Section 113 of the MaineCare Benefits Manual. The Department contracts with Brokers to establish, manage, authorize, coordinate and reimburse the provision of Non-Emergency Transportation services for eligible MaineCare members. The Brokers are responsible for establishing a network of Non-Emergency Transportation drivers to deliver Non-Emergency Transportation services to eligible members who live in their assigned region. The Ch. III change includes removal of the procedure code, as the reimbursement will be handled by the broker.
Additionally, the Department added a HCPCS procedure code for Behavioral Consultation, G9007 HI, which is $14.85 per fifteen-minute unit. The Department added HI to the modifier table based on comments. An emergency rule took effect 8/1/13; this is the final adoption of a permanent rule.
A public hearing was held on June 3, 2013. The comment deadline was June 13, 2013. This change is not expected to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents .
EFFECTIVE DATE: May 2, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 29, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2014-064 (Final adoption, major substantive)
CONCISE SUMMARY: This major substantive rule changes the reimbursement of services to members with Intellectual Disabilities and Autistic Disorders by deleting the reimbursement of transportation services, as transportation services are provided under the MaineCare Benefits Manual, Section 113 Non-Emergency Transportation Services (NET) Waiver transportation services. An emergency rule took effect 8/1/13; this is the final adoption of a permanent rule. A public hearing was held on June 3, 2013. The comment deadline was June 13, 2013. This change is not expected to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents .
EFFECTIVE DATE: May 2, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS 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), Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2014-065 (Final adoption, major substantive)
CONCISE SUMMARY: This rule adopts changes in the reimbursement of services to members with Intellectual Disabilities and Autistic Disorders by deleting the reimbursement of transportation services, since transportation services are provided under the MaineCare Benefits Manual, Section 113 Non-Emergency Medical Transportation waiver transportation services. An emergency rule took effect 8/1/13; this is the final adoption of a permanent rule. A public hearing was held on June 3, 2013. The comment deadline was June 13, 2013. This change is not expected to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents .
EFFECTIVE DATE: May 2, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Ginger.Roberts-Scott@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .