November 14, 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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 110, Ambient Air Quality Standards
PROPOSED RULE NUMBER: 2018-P240
BRIEF SUMMARY: The Department is proposing to amend its Ch. 110, Ambient Air Quality Standards, to incorporate the current national ambient air quality standards (NAAQS) for particulate matter (PM) and ozone, and will update and align the rules governing the Maine ambient air quality standards to provide consistency with the federal NAAQS. The amendments to Ch. 110 are required to satisfy CAA Section 110(a)(1) and (2) infrastructure requirements and Prevention of Significant Deterioration (PSD) requirements under CAA Section 160 et seq.. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: December 17, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON: Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §584
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Parts 50 and 58
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 15-213 - Maine Department of Defense, Veterans and Emergency Management (DVEM), Military Bureau
CHAPTER NUMBER AND TITLE: Ch. 2 (New), Registration of Private Educational Institutions to Participate in the Maine National Guard Education Assistance Program
PROPOSED RULE NUMBER: 2018-P241
BRIEF SUMMARY: This proposed rule establishes the process to govern the registration by the Military Bureau of private, non-profit, post-secondary education institutions to participate in the tuition benefit program for eligible members of the Maine National Guard, as established and recently amended pursuant to Title 37-B MRS §§ 352, 352-A, 353-B and 357. The program was previously available only for attendance at public post-secondary institutions in Maine.
DETAILED SUMMARY: This proposed rule establishes the process to govern the registration by the Military Bureau of private, non-profit, post-secondary education institutions to participate in the tuition benefit program for eligible members of the Maine National Guard, as established and recently amended pursuant to Title 37-B MRS §§ 352, 352-A, 353-B and 357. The program was previously available only for attendance at public post-secondary institutions in Maine.
The proposed rule will enhance access for eligible members of the Maine National Guard to higher education as a benefit of their service. The proposed rule will help ensure that students attending both public and private schools in Maine receive the same tuition benefits as intended by law. Clarification of the use of the Post 9/11 GI Bill is included in the proposed rule to minimize the possibility of overpayment by either state or federal sources such as the Post 9/11 GI Bill.
The proposed change in the rule will have no financial impact on the Military Bureau of the Department of Defense, Veterans and Emergency Management. Funds for this program have been allocated through the regular budget and appropriation process of state government and pursuant to 37-B MRS §353-A.
PUBLIC HEARING: Monday, December 3, 2018 - 2 p.m., Camp Chamberlain, Classroom 1042, 23 Blue Star Avenue, Augusta, Maine
COMMENT DEADLINE: December 14, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Scott A. Young, Department of Defense, Veterans & Emergency Management, 33 State House Station, Augusta, Maine 04333. Telephone: (207) 430-5997. Fax: (207) 626-4509. TTY: (711) Maine Relay. Email: Scott.A.Young@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 37-B MRS §§ 352, 352-A, 353-B, 357
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BUREAU WEBSITE: http://www.me.ngb.army.mil/ .
AGENCY RULEMAKING LIAISON: Kevin.Rousseau@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 (MBM): Ch. II & III Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2018-P242
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) proposes this rule to add coverage of evaluation and management codes for chiropractors pursuant to PL 2017 ch. 421, An Act To Provide MaineCare Coverage for Chiropractic Treatment.
PL 2017 ch. 421 requires chiropractic evaluation and management codes be added to 10-144 CMR Ch. 101, MaineCare Benefits Manual (MBM), Ch. II and III Section 15, Chiropractic Services.
In Ch. II, the Department proposes adding coverage for evaluations. Additionally, the Department is proposing changing the requirement of “subluxation” to “conditions” to align with Medicaid requirements. Finally, the Department is limiting the evaluation codes to 99201-99215 for the purpose of examining and diagnosing a spinal condition.
In Ch. III, the Department has inserted a link to the physician fee schedule for reimbursement purposes. Finally, the Department is proposing minor technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: December 3, 2018 - 9:00 a.m., Burton M. Cross Building – Room 600, 111 Sewall Street, Augusta ME, 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 26, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 13, 2018
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Cari Philbrick, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Cari.Philbrick@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING 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 (MBM): Ch. III Section 23, Developmental and Behavioral Evaluation Clinic Services
PROPOSED RULE NUMBER: 2018-P243
CONCISE SUMMARY: The Department of Health and Human Services proposes this rule pursuant to PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government. Part D-1 requires the Department increase the rates of reimbursement for Section 23, "Development and Behavioral Clinic Services", to ensure a net increase in funding from fiscal year 2008-2009 to fiscal year 2018-2019 of two (2) % as long as no rates for a service is lower than the rate reimbursed as of January 1, 2018.
This rulemaking requires that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct services as required by Part D-2 of PL 2017 ch. 460. In compliance with the law, providers must ensure that increase in reimbursement rates effective August 1, 2018, is applied in full to wages and benefits to employees who provide direct services. Providers must document compliance with this requirement in their financial records and provide such documentation to the Department upon request.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Tuesday, December 4, 2018- 9 00 a.m., Room 300 - Burton Cross Office Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 23, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 14, 2018.
AGENCY CONTACT PERSON: Thomas M. Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; 5 MRS §8054, PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING 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 (MBM): Ch. II Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2018-P244
CONCISE SUMMARY: The Department is proposing this routine technical rule in accordance with PL 2017, ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase rates for specific procedure codes in Ch. III Section 29. Part B of the Act provided that the Department ensure that caps and limitations on services “are increased to reflect increases in reimbursements that result from this Part.”
On September 12, 2018, the Department adopted an emergency major substantive rule for Section 29, Ch. III, as directed in the Act, to increase reimbursement rates for eighteen (18) procedure codes, with a retroactive effective date of July 1, 2018. In accordance with Part B of the Act, the Department is adopting an emergency rule for Ch. II, to increase caps in Section 29 to reflect those rate increases. The emergency rulemaking is effective for 90 days. This proposed rule will adopt these cap increases permanently.
The increased caps will be effective retroactive to July 1, 2018. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
The proposed rule includes the following cap changes:
Limits
* 29.07-2: Raised annual limit for members who receive Home Support, Community Support, or Shared Living from $52,425.00 to $58,168.50.
* 29.07-6: Raised limit for Respite Services from $1,100.00 per year to $1,224.60.
* 29.07-6: Raised the per diem limit for quarter (1/4) hour Respite billing from $90.00 to $110.21 for each date of service.
In addition, the Department is proposing the changes below.
Provider Qualifications and Requirements
* 29.10: Added reference to Adult Protective reporting requirements.
* 29.10-1.C: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1).
* 29.10-1.C: Deleted the requirement for grievance training to occur before working with members.
* 29.10-4, Electronic Visit Verification: Added Provider Qualifications and Requirements for Electronic Visit Verification. The Department is seeking and anticipates approval from the Centers for Medicare and Medicaid Services for this change.
* 29.10-5: Wording corrections for clarity.
* 29.10-6: Sentence deleted to make Section 29 requirements consistent with those in Section 21.
* 29.10-8: Reportable Events & Behavioral Treatment:
  o Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1).
  o Added rule citation to clarify meaning of “Behavior Regulations.”
Appendix IV
* Reports of Abuse, Neglect, or Exploitation: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and Adult Protective Services System (10149 CMR Ch. 1).
The proposed rule also includes technical corrections and formatting updates for clarity.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: December 3, 2018 - 9:30 a.m., The Marquardt Building - Room 118 - Door D7, 32 Blossom Lane, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 20, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 14, 2018.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Rachel Posner, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Rachel.Posner@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; PL 2017 ch. 459, Parts A and B
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: 29-250 - Department of the Secretary of State (SOS), Bureau of Corporations, Elections and Commissions (CEC) - Division of Elections
CHAPTER NUMBER AND TITLE: Ch. 502, Rules Governing the Conduct and Procedures for Election Recounts, in Election Contests Determined by Plurality
ADOPTED RULE NUMBER: 2018-233
CONCISE SUMMARY: This rule sets forth the procedures for the conduct of recounts of state elections by the Secretary of State, including the collection, security and handling of ballots, scheduling the recounts, personnel, instructions, supervision, disputed ballots and final sign-off at the conclusion of the recount, in an election contest determined by plurality. The rule establishes procedures for conducting a recount in stages when a recount is requested for a statewide referendum or a statewide or multi-county office.
EFFECTIVE DATE: November 13, 2018
CEC CONTACT PERSON / RULEMAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624- 7736. Email: Julie.Flynn@Maine.gov .
CEC WEBSITE: http://www.maine.gov/sos/cec/index.html .
ELECTIONS WEBSITE: http://www.maine.gov/sos/cec/elec/index.html .

AGENCY: 29-250 - Department of the Secretary of State (SOS), Bureau of Corporations, Elections and Commissions (CEC) - Division of Elections
CHAPTER NUMBER AND TITLE: Ch. 536 (New), Rules Establishing Procedures for Requesting and Conducting Recounts of Elections Determined by Ranked-Choice Voting
ADOPTED RULE NUMBER: 2018-234
CONCISE SUMMARY: This rule sets forth the procedures for requesting and conducting recounts of elections that are determined by the process of ranked-choice voting, including the collection, security and handling of ballots, scheduling and staging the recounts, personnel, instructions, supervision, sorting and counting of first choice votes and subsequent rankings, handling of disputed and challenged ballots, and final sign-off at the conclusion of the recount. To the extent applicable, this rule incorporates provisions of Ch. 502 governing recounts in elections determined by plurality.
EFFECTIVE DATE: November 13, 2018
CEC CONTACT PERSON / RULEMAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624- 7736. Email: Julie.Flynn@Maine.gov .
CEC WEBSITE: http://www.maine.gov/sos/cec/index.html .
ELECTIONS WEBSITE: http://www.maine.gov/sos/cec/elec/index.html .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 310, Wetlands and Waterbodies Protection
ADOPTED RULE NUMBER: 2018-235
BRIEF SUMMARY: The Department amended Ch. 310 to clarify the definitions of “Emergent Marsh Vegetation” and “Peatland” and allow for shoreline stabilization as an activity that can be done in, on or over WOSS with an alternatives analysis.
EFFECTIVE DATE: November 11, 2018
CONTACT PERSON FOR THIS FILING: Mark Margerum, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7842. Fax: (207) 287-7826. Email: Mark.T.Margerum@Maine.gov .
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 283, Newborn Bloodspot Screening Rule
ADOPTED RULE NUMBER: 2018-236
CONCISE SUMMARY: The rule contains updates to Maine’s newborn bloodspot screening (NBS) requirements, including (1) screening for additional conditions in conformity to recommendations by the U.S. DHHS; (2) protocols for collecting and storing NBS specimens; (3) reporting requirements for out-of-range-test results; and (4) releasing NBS samples for research purposes. The rule includes new and revised definitions, requirements for midwives, protocols for hospitals and healthcare providers regarding parental/guardian refusal and a revised construction of the rule format, for improved readability. Changes are in conformity with the U.S. DHHS recommendations for newborn screening, supported by the U.S. Health Resources and Services Administration (HRSA) for infants and children under the Public Health Service Act.
EFFECTIVE DATE: November 14, 2018
MAINE CDC CONTACT PERSON: Tera Pare, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
ADOPTED RULE NUMBER: 2018-237
CONCISE SUMMARY: This proposed rule is a complete repeal and replace of the current rule for the specific purposes as follows:
• Eliminates categories of continuing education activities.
• Identifies required areas of study as a condition for dentists to prescribe opioids.
• Identifies required areas of study as a condition for dentists to hold a sedation permit.
• Clarifies requests for "Inactive status" and requirements to return to active practice.
• Clarifies eligible continuing education activities such as online courses and webinars.
• Increases the number of hours required for renewal of denturist licensure from 20 to 30 biennially.
• Requires faculty licensees to complete continuing education as a condition to renew.
• Clarifies the continuing education audit process.
• Clarifies the documentation requirements.
EFFECTIVE DATE: November 12, 2018
BOARD CONTACT PERSON / RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, Maine Board of Dental Practice, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. Email: Penny.Vaillancourt@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/dental/ .

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 29, Support Services for Adults with Intellectual Disabilities or Autistic Spectrum Disorder
ADOPTED RULE NUMBER: 2018-238
CONCISE SUMMARY: The Department is adopting this emergency rule in accordance with PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase rates for specific procedure codes in Ch. III Section 29. Part B of the Act provided that the Department ensure that caps and limitations on services “are increased to reflect increases in reimbursement rates that result from this Part.”
The Act gave notice that the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety…” Pursuant to this Legislative determination, the requirements of 5 MRS §8054(1) are satisfied.
On September 12, 2018, the Department adopted an emergency major substantive rule for Section 29, Ch. III, as directed in the Act, to increase reimbursement rates for eighteen (18) procedure codes, with a retroactive effective date of July 1, 2018. In accordance with Part B of the Act, therefore, this Ch. II rulemaking raises the caps to reflect those rate increases.
The emergency rule adopts the following changes:
* Raises the combined limit for members who receive Home Support (Remote or ¼ hour), Community Support, or Shared Living to $58,168.50;
* Raises the annual limit on Respite Services to $1,224.60;
* Raises the per diem limit for quarter hour (1/4) billing for Respite to $110.21.
The increased caps will be effective retroactive to July 1, 2018. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters, and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
Pursuant to 5 MRS §8054(3), this emergency rule will be effective for 90 days. The Department will pursue routine technical rulemaking for Ch. II Section 29 to avoid any lapse.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 7, 2018
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner II, DHHS-OMS-Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov ,

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 162, The Administration of the International Registration Plan
ADOPTED RULE NUMBER: 2018-239
CONCISE SUMMARY: This rule outlines the procedures and standards governing Maine's participation in the International Registration Plan pursuant to Title 29-A §531-3. The rule is being amended to update the rule relative to new IRP recordkeeping, auditing, and electronic credentialing requirements. The rule also is being updated to reflect changes to the sales tax requirements for vehicles used in interstate commerce.
EFFECTIVE DATE: November 13, 2018
BMV CONTACT PERSON: Garry Hinkley, Director of Vehicle Services, Bureau of Motor Vehicles, 29 State House Station - 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Email: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 165, The Administration of the International Fuel Tax Agreement and the Intrastate Fuel Tax Program
ADOPTED RULE NUMBER: 2018-240
CONCISE SUMMARY: This rule outlines the procedures and standards for participation in the International Fuel Tax Agreement pursuant to 29-A Section 525.
The rule is being updated to provide for electronic credentialing and electronic recordkeeping. Specifically, the rule is being updated to define the use of electronic mileage recording devices such as GPS, and to conform to IFTA audit requirements. The rule is being revised to provide for the electronic display of the IFTA license. The rule also is being revised to clarify the best information available assessment process.
EFFECTIVE DATE: November 13, 2018
BMV CONTACT PERSON: Garry Hinkley, Director of Vehicle Services, Bureau of Motor Vehicles, 29 State House Station - 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Email: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@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. III Section 28, Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
ADOPTED RULE NUMBER: 2018-241 (Emergency, major substantive)
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this major substantive emergency rule to increase the rates of reimbursement for rehabilitative and community support services pursuant to PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (the “Act”).
The Act requires the Department to amend its rules for reimbursement rates for rehabilitative and community support services provided under the provisions of 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. III of Section 28, “Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations”. Specific changes are as follows:
* Part C of the Act directs the Department to amend the rates of reimbursement to providers of Section 28 services to reflect the final rates modeled in the April 24, 2017 report: “Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking” prepared for the Department by Burns & Associates, Inc. Those rate changes were made.
* Part D of the Act directs the Department to increase the rate of reimbursement for all services by two percent. Sec. D-1 and D-2 specifically require the increase in reimbursement to be applied to the wages and benefits of employees providing direct services. The two percent rate increase was made to the rates as changed by the Burns study.
Through the Act, the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety.” As such, the Act requires the Department to implement “immediate rate increases,” effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor’s veto.
Because the Act involves MaineCare reimbursement, these rule changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for State Plan services must “be published before the proposed effective date of the change.” The Department published its notice of reimbursement methodology change for the Section 28 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018; this effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 28 State Plan Amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
Pursuant to the Legislative determination regarding the urgent need for these reimbursement increases, the requirements of 5 MRS §8054(1) are satisfied and emergency rulemaking is appropriate. Similarly, an August 1, 2018 retroactive effective date is necessary to implement these changes as soon as possible. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application (where there is no adverse impact on providers or members) for a period not to exceed eight calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, and the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation). This is not an effective rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
PL 2017 ch. 460, Part C Sec. C-1 directed that rulemaking authorized by the Sec. C-1 law would be a “major substantive” rule. Sec. C-1 provided for certain rate increases, and rulemaking, for Section 28 services. Therefore, for purposes of this November 8, 2018 rulemaking only, the rule is major substantive. Thereafter, unless otherwise directed by the Legislature, the rule will revert back to routine technical rulemaking status.
Pursuant to 5 MRS §8054, this emergency major substantive rule will remain in effect for up to one year or until the Legislature has completed its review of the provisionally adopted major substantive rule. The Department shall proceed with rulemaking in order to present the Legislature with a provisionally adopted major substantive rule consistent with this emergency major substantive rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 8, 2018
AGENCY CONTACT PERSON: Dean Bugaj, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Dean.Bugaj@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING 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, Food Supplement Program, FS Rule #204A: FS-777, Administrative Procedures (EBT Card Replacement)
ADOPTED RULE NUMBER: 2018-242
CONCISE SUMMARY: The current rule requires a recipient household to contact OFI upon their 5th Electronic Benefit Transfer (EBT) card replacement within twelve months to provide an explanation for the excessive replacements. This rule lowers that number, requiring the recipient household to contact OFI to receive their third EBT card replacement over a twelve-month period. This rule also clarifies the card replacement process and removes outdated wording including processes regarding paper coupons.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 14, 2018
OFI CONTACT PERSON: Ian Miller, Senior Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2018-19 Season
ADOPTED RULE NUMBER: 2018-243
CONCISE SUMMARY: This rule establishes the 2018-2019 scallop fishing season. As in the 2017-2018 season, there is a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone 1, a 60-day season for draggers begins on December 10, 2018 and the last day of the season is March 28, 2019. For Zone 1, a 60-day season for divers starts on November 20, 2018 and the last day of the season is be April 20, 2019. For Zone 2, a 70-day season for draggers starts on December 3, 2018 and the last day of the season is March 28, 2019. For Zone 2, a 70-day season for divers starts on December 1, 2018 and the last day of the season is April 13, 2019. For Zone 3, a 50-day season for draggers begins on December 3, 2018 and the last day of the season is March 27, 2019. For Zone 3, a 50-day season for divers begins on December 1, 2018 and the last day of the season is March 28, 2019.
In Zone 1, Casco Bay, Sheepscot River, Damariscotta River, Muscle Ridge, and W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock are open to harvest all days during January 2019, in addition to open Zone 2 calendar days throughout the season.
DMR is maintaining the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops: Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, New Meadows River, Card Cove and Beals-Jonesport Bridge.
This rule removes the sunset provision that capped the vessel limit of dive harvested scallops to 30 gallons when two or more licensed scallop divers are utilizing the same platform.
This rule removes the specific drag size gear restrictions in the Kittery area (currently 5’6”), Swan’s Island Conservation area (currently 8’6”), and Gouldsboro Bay (currently 4’6”). Harvesters can utilize any drag size, provided it does not exceed the State maximum of 10’ 6.”
EFFECTIVE DATE: November 14, 2018
DMR CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #111A: Annual Increase to TANF Maximum Benefit
ADOPTED RULE NUMBER: 2018-244
CONCISE SUMMARY: This rule increases the TANF maximum benefit by 2% pursuant to 22 MRS §3769-C(D).
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 14, 2018
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .