January 10, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden Regulations
PROPOSED RULE NUMBER: 2018-P001
BRIEF SUMMARY: This rulemaking establishes the management framework for the Atlantic menhaden fishery in territorial waters, including the state allocated fishery, the episodic event fishery, and an incidental catch/small scale fishery. The state allocated fishery will operate under the quota assigned to Maine by the Atlantic Menhaden Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) until such time that the quota is near to or is achieved. Notification will be then given that this fishery is closed. An episodic events fishery with a daily landing limit of 120,000 lbs. and a weekly landing limit of 160,000 lbs. may be subsequently opened by notice to license holders, provided there is sufficient evidence of substantial resource remaining in territorial waters. Under both the state allocation and episodic fisheries, vessels may fish for and land menhaden from territorial waters Monday through Thursday, only. Daily reporting of Atlantic menhaden landings will be required for both the state allocated and the episodic events fisheries. An incidental catch and small scale fishery will commence after the closure the state allocated fishery, or a subsequent episodic events fishery, with a daily landing limit of 6,000 lbs. under gear restrictions. No transfer of fish at sea will be allowed under the incidental catch and small scale fishery.
PUBLIC HEARING: January 31, 2018 at 1:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 14, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@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 (MBM): Ch. II Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2018-P002
CONCISE SUMMARY: The proposed rule provides for the following changes in Ch. II Section 60, ?Medical Supplies and Durable Medical Equipment (DME)?:
* Updates the definition of DME to align with 42 CFR §440.70 (b)(3)(ii);
* Adds a storefront exclusion and reimbursement methodology for manufacturers of specialty modified low protein foods and formulas for the purpose of allowing these manufacturers to bill the Department as the supplier of prescription metabolic foods;
* Removes language implying absolute exclusions of DME items as this is no longer allowable per 42 CFR §440.70;
* Adds repair/replacement language for APAP and CPAP devices greater than or equal to five (5) years old.
* Removes the list of items considered MaineCare-covered for members residing within a Nursing Facility (NF) or Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID) to eliminate confusion of covered and non-covered items for members residing within a NF or ICF-IID;
* Further defines limitations for orthopedic shoes and other supportive devices for members twenty-one (21) years of age and older to provide clarity of covered services;
* Updates limits and requirements for disposable non-sterile gloves when supplied in conjunction with incontinence supplies to cost-effectively manage this covered service;
* Increases the allowance of supplies per dispense to ninety-days (90) for items MaineCare considers to be disposable DME;
* Updates reimbursement methodology for Medicare covered DME, to align with the 21st Century Cure Act;
* Corrects and/or deletes outdated references and website addresses; and,
* Edits and minor language updates for clarification purposes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, January 29, 2018 - 9:00 a.m., Marquardt Building, Room #118 Door D7, 32 Blossom Lane, Augusta Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Monday, January 15, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on February 8, 2018
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Kristin Cook, Comprehensive Health Planner I, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4006. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Kristin.Cook@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 3173; 42 CFR 440.70; 42 US Code 1396b
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 130, Epinephrine Auto-Injector Training and Certification Rule
ADOPTED RULE NUMBER: 2018-001
CONCISE SUMMARY: This adopted rule formalizes the role of the Department related to expanding access to epinephrine auto-injectors, including training for nonprofessionals who may store and administer epinephrine auto-injectors as the treatment of anaphylaxis. This rule identifies the following healthcare professionals authorized to conduct anaphylaxis training for employees or agents of an authorized entity: physicians, advanced registered nurse practitioners, physician assistants, registered nurses, emergency medical technicians, paramedics and pharmacists. This rule requires authorized entities to have a policy specific to the storage of epinephrine auto-injectors for immediate use. Additionally, this rule establishes a standard certificate of completion form prescribed by the Department that is to be issued by the authorized trainer.
EFFECTIVE DATE: January 10, 2018
AGENCY CONTACT PERSON: Bridget Bagley, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops, Targeted Closures: (10) Hussey Sound, and (11) Roque Island Harbor (Sand Bay)
Adopted Number: 2018-002 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for the implementation of targeted conservation closures located in Hussey Sound, Casco Bay and Rogue Island Harbor (Sand Bay) of the Lower Kennebec/Englishman Bay Rotational Area to protect Maine's scallop resource due to the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2017-18 fishing season in these areas will remove any remaining broodstock as well as negatively impact seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource in these areas. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in both the Hussey Sound and Rogue Island Harbor {Sand Bay) areas. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: January 1, 2018
AGENCY CONTACT PERSON: Melissa Smith (207-624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024
TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 09-137 ? Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Importation, Possession, Propagation, Rehabilitation and Exhibition of Wildlife
ADOPTED RULE NUMBER: 2018-003
CONCISE SUMMARY: The Department of inland Fisheries and Wildlife has amended Ch. 7 rules to remove references to propagation permits for domesticated fowl and pheasants to comply with statutory changes that were made to 12 MRS §12152 during the 1st session of the 127th Legislature. In addition to changes required by statute, the captive wildlife technical committee established in Ch. 7 rulemaking in 2016, has conducted a thorough species review. The rule places species into the following categories: Category 1 Restricted Species, Category 2 Restricted Species, Prohibited Species, or Unrestricted Species. A complete copy of the rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: January 8, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .

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 (MBM): Ch. III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2018-004
CONCISE SUMMARY: On November 1, 2017, the Department adopted an emergency Ch. III Section 19 rule to increase some home-based and community-based personal care and related services in Section 19 rates as required by PL 2017 ch. 284 §MMMMMMM-1. Those increased rates were made effective retroactive to July 1, 2017, in accord with 22 MRS §42(8), since there was no adverse financial impact on any MaineCare members or providers. The Department determined that a retroactive increase to the start of the state fiscal year was appropriate, since the appropriation was intended for the entire fiscal year.
This final rule will permanently adopt the emergency rule changes, with the retroactive effective date of July 1, 2017. Additionally, some procedure, modifier, and revenue code changes are being adopted at the same time for the system to correctly pay and track the new rates. The additional modifiers will be effective September 29, 2017. This retroactive effective date also comports with 22 MRS §42(8), since there was no adverse financial impact on any MaineCare members or providers. The Legislature did not appropriate additional funding for the rate increases beyond June 30, 2018; therefore, rates will revert to their pre-July 1, 2017 levels on July 1, 2018. A public hearing was held November 28, 2017 and comments were accepted until December 10, 2017.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: January 10, 2018
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Children?s and Waiver Services Program Manager, 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. Email: Ginger.Roberts-Scott@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .