November 4, 2015

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: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #12-15
PROPOSED RULE NUMBER: 2015-P197
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/dacf/milkcommission/index.shtml
PUBLIC HEARING: November 19, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 19, 2015
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

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 23, Collection of Staff Information
PROPOSED RULE NUMBER: 2015-P198
BRIEF SUMMARY: The Department is repealing the original regulation of 1979. This proposal replaces the original regulation and reflects that the collection of staff information is to be done within the data collection systems rather than forms, will include authorized and approved personnel (in addition to certified) paid by local school systems and private schools.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: December 4, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §255,  §6101,  §615l,  §6l52,  §13003,  §13004,  §13023
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/ .

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 and III, Section 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2015-P199
CONCISE SUMMARY: This rule-making increases reimbursement rates for Personal Support Services (PSS) provided under 10-144 Ch. 101, MaineCare Benefits Manual, Ch. II and III, Section 96, “Private Duty Nursing and Personal Care Services”. This rule-making follows the enactment of the State’s biennial budget, which among other MaineCare rate increases, increased the rates for PSS, effective July 1, 2015. PL 2015 ch. 267, Part A, Sec. A-32. To avoid a reduction in services available to members as a result of the increase in PSS reimbursement rates, this rule proposal includes a proportional increase in the monthly cost caps for each affected member’s levels of care. The Department is proposing to adopt the Section 96 rate increases on a retroactive basis pursuant to 22 MRSA  § 42(8). Pending this routine rulemaking process, the Department has also adopted an emergency rule in order to implement the rate increases.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 23, 2015 - 1:00 p.m., Room 600, 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 5:00 p.m., on Monday, November 16, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, December 3, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Olivia Alford, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4059. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Olivia.Alford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have an impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42(8), 3173; PL 2015 ch. 267, Part A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 208 (New), Rules for the Selection of Interchange and Supplemental Guide Signs
PROPOSED RULE NUMBER: 2015-P200
BRIEF SUMMARY: Title 23  §1912-C grants MaineDOT the authority to place interchange guide signs on the interstate system for the sole purpose to guide travelers to destinations of local, regional and statewide interest. Interchange guide signs and supplemental guide signs may be placed at strategic points on the interstate system beside the traffic lanes approaching an exit if the placement complies with that section and national standards. Determinations regarding whether the placement of interchange guide signs or supplemental guide signs on the interstate system meets the standards contained in this section must be made by MaineDOT. The purpose of these rules is to regulate the installation and selection of Interchange and Supplemental Guide Signs on portions of the interstate highway system. These regulations establish the size, shape, manner and location of Interchange and Supplemental Guide signs and describe the eligibility for any entity to formally request the Department to erect an Interchange or Supplemental Guide Sign.
Under the new rules the following entities will be eligible for signs:
* Major colleges and universities.
* Major military installations.
* Federal and state Parks.
* Major recreational areas.
* Airports & other transportation facilities.
* Veterans memorials and cemeteries.
The new rules will:
* Incorporate national standards that address each of the following: sign spacing, sign content, and criteria for types of destinations warranting signs.
* Give greater flexibility to stay current with signage. Many of the signs currently mandated by the Legislature were created in 1957. The state’s most frequently visited areas may have changed a bit since then and some of the specific destinations on currently mandated signs no longer exist.
* Minimize the number of signs and the lines of text on signs to increase their effectiveness for motorists and increase highway safety.
* Define standards for categories of destinations which could qualify for signs and distance from interchange / attendance requirements for those destinations.
* Make clear that any specific service or attraction that qualifies for a logo sign will not be eligible for a supplemental guide sign.
* Include a category for Major Recreational Areas designed to allow signage for those destinations most often sought by visitors to Maine, allowing these areas to be signed.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: 4:30 p.m., Friday, December 4, 2015
CONTACT PERSON(s) FOR THIS FILING / SMALL BUSINESS INFORMATION: Bill Akins, Legal Administrator, MaineDOT Legal Services, Telephone (207) 624-3020, E-mail: William.Akins@Maine.gov ; and Stephen Landry, State Traffic Engineer, Telephone (207) 624-3632, E-mail: Stephen.Landry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: We anticipate that there will be no fiscal impact or additional work for municipalities or counties resulting from the adoption of this rule.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA  §1912-C; 23 MRSA  §52; 23 MRSA  §4206
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/mdot/ .
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops (Atlantic Sea Scallop Regulations and 2015-2016 Harvesting Season)
ADOPTED RULE NUMBER: 2015-199
CONCISE SUMMARY: This regulation establishes the 2015-2016 scallop season. The Department is adopting a 15 gallon daily limit and a 60-day season in Zone 1. Several targeted closures are also proposed for Zone 1, reflecting the need for further conservation measures to assist in rebuilding in this area of the state based on the recent spring survey information. Fifteen days are proposed in the Zone 1 Limited Access Areas for divers and draggers. For Zone 2, the Department is adopting15 gallon daily limit and a 70-day season. In Zone 3, a 50-day season is established and 17 potential days in the Whiting & Dennys Bays Limited Access Area.
In addition, the DMR is implementing a number of targeted closures which include Eastern Casco Bay, Damariscotta River, Ocean Point, Muscle Ridge (open two days per week), Lower Muscle Ridge, South Portland Harbor, Lower Broad Sound (Casco Bay), Sheepscot River and Muscongus Bay.
Finally, the rule reorganizes the chapter to clarify the distinction between the statutory limits of the scallop season, open days, and the in-season closures of specific areas which are implemented in order to prevent unusual damage or imminent depletion of the resource.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: October 26, 2015
AGENCY CONTACT PERSON: Trisha Cheney (207) 624-6554
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6576. TTY: (711) Maine Relay. DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DME RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-15
ADOPTED RULE NUMBER: 2015-200 (Emergency)
CONCISE SUMMARY: Minimum November 2015 Class I price is $19.73/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.21/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: November 1, 2015
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 .

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 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2015-201 (Emergency)
CONCISE SUMMARY: This emergency rule retroactively increases the reimbursement rates for Personal Support Services (PSS) provided under the MaineCare Benefits Manual, Ch. II & III Section 96, “Private Duty Nursing and Personal Care Services”. This emergency rule adoption follows the enactment of the State’s biennial budget, which increased the rates for PSS effective July 1, 2015 (PL 2015 ch. 267, Part A, Sec. A-32). To avoid a reduction in services available to members as a result of the increase in reimbursement rates for PSS, this rule-making also includes a proportional increase in the monthly cost caps for affected members’ levels of care. To implement these rate changes, the budget also authorized the Department to adopt emergency rules pursuant to 5 MRSA  §8054 without needing to demonstrate the emergency findings in support of emergency rule-making (PL 2015 ch. 267, Part UU, Sec. UU-1). This emergency rule adoption will be effective for a ninety (90) day period in accordance with 5 MRSA  §8054(3), during which time the Department will engage in routine rule-making to avoid a lapse in this reimbursement rate increase.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: Retroactive to July 1, 2015
AGENCY CONTACT PERSON: Olivia Alford, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4059. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Olivia.Alford@Maine.gov .
STATUTORY AUTHORITY: 22 MRSA  § § 42(8), 3173; 5 MRSA  §8054; PL 2015 ch. 267, Parts A and UU
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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. II & III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
ADOPTED RULE NUMBER: 2015-202 (Emergency)
CONCISE SUMMARY: Effective July 1,2015, the state's biennial budget, Public Law 2015 ch. 267 (702 - LD 109), increased the reimbursement rate for providers of Attendant Care Services and Personal Care Services in the MaineCare Benefits Manual, Ch. III Section 19, “Home and Community Benefits for the Elderly and for Adults with Disabilities”. The Department also proposed to increase, in Ch. II Section 19, the monthly limits for members' Section 19 services from $4,200/month to $4,603/month.
Section 19 services are governed by a Section 1915(c) waiver approved by the Centers for Medicare and Medicaid Services (CMS). Pursuant to 5 MRSA  §8054, the Department makes these reimbursement changes in Section 19 through emergency rule making. Pursuant to Part UU Sec. UU-1 of the budget, the Legislature provided that the Department need not demonstrate emergency findings in support of this emergency rule-making.
In Ch. III Section 19, these emergency rule changes allow MaineCare to increase: (1) Attendant Care Services (Personal Care Services, Participant Directed Option), billing code S5125, from $2.93 per quarter hour to $3.21 per quarter hour; and (2) Personal Care Services (Agency PSS), billing code T1019 from $3.75 per quarter hour to $4.10 per quarter hour.
Because the Department is increasing reimbursement for services in Ch. III of Section 19, it also seeks to increase the monthly program cap for MaineCare members, so that they are not adversely affected by the reimbursement changes. As such, these emergency rule changes in Ch. II Section 19 increase the limitation in Sec. 19.06(A) from $4,200 per member, per month to $4,603 per member, per month.
Given that the budget was effective July 1, 2015, the Department seeks to make these changes retroactive to July 1, 2015. The Department has authority for the retroactive effective date under 22 MRSA  §42(8), because these changes increase reimbursement for providers, ensure that members have access to medically necessary covered services, and otherwise have no adverse impact on either MaineCare providers or members.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: Retroactive to July 1, 2015
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, MaineCare Services - Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Andrew.Hardy@Maine.gov .
STATUTORY AUTHORITY: 22 MRSA  § § 42(8), 3173, Part UU Sec. UU-1; 5 MRSA  §8054; Public Law 2015 ch. 267 (Sec. A-32)
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-001 - Maine Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for Operation of Potato Marketing Improvement Fund
ADOPTED RULE NUMBER: 2015-203
CONCISE SUMMARY: This rule amendment implements changes necessitated by 2013 Public Law ch. 403 which amended 7 MRS Ch. 103, Article I-A. This law change transferred administration of the Potato Marketing Improvement (PMIF) from the Department of Agriculture, Conservation and Forestry (MDACF) to the Maine Potato Board (Board); and clarifies eligible uses of program funds. Most duties previously delegated to the MDACF Commissioner are transferred to the Board. The Commissioner retains final decisions on participation by the PMIF in loans and grants and appoints members to the Credit Review Committee; the Commissioner or his designee serves on the PMIF Committee.
This rule amendment defines the membership and responsibilities of the PMIF Committee, which functions as PMIF policy advisor to the Board. The PMIF Committee advises the Board regarding programs and activities, funding and expenditures, and makes recommendations to the Board on uses and activities related to the PMIF.
EFFECTIVE DATE: November 2, 2015
AGENCY CONTACT PERSON / AGRICULTURE RULE-MAKING LIAISON: Mari Wells-Eagar, Maine Department of Agriculture, Conservation and Forestry ,22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITES: http://www.maine.gov/dacf/index.shtml ; http://www.mainepotatoes.com/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #280A: Part 18, Presumptive Eligibility Determined by Hospitals
ADOPTED RULE NUMBER: 2015-204
CONCISE SUMMARY: The adopted rule implements a requirement in the Affordable Care Act that allows hospitals to make presumptive MaineCare eligibility decisions for parents/caretaker relatives, children age 18 and younger, pregnant women, certain former foster care children, and certain individuals needing treatment for breast or cervical cancer. On January 13, 2015, the Centers for Medicare and Medicaid (CMS) approved a State Plan Amendment (SPA) that describes the State of Maine's policies related to hospital presumptive eligibility.
EFFECTIVE DATE: November 2, 2015
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., Senior MaineCare 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) 624-4105. TTY: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
STATUTORY AUTHORITY: 22 MRS  § § 42(1), 3173; 42 CFR 435.1110
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 720 (New), Rules Governing the Implementation of Expedited Partner Therapy
ADOPTED RULE NUMBER: 2015-205
CONCISE SUMMARY: In March 2010, the Maine State Legislature enacted 22 MRSA  § § 1241-1242 (2010), which require the Department to adopt routine technical rules to implement Expedited Partner Therapy (“EPT”). EPT is a public health prevention and treatment strategy to reduce the burden of sexually transmitted diseases (“STDs”) by prescribing, dispensing, furnishing, or otherwise providing prescription antibiotic drugs to the sexual partner(s) of persons clinically diagnosed with STDs. Pursuant to the statues, this rule includes the designation of STDs appropriate for EPT, and the recommended protocol, materials, information and counseling required to implement EPT in Maine.
Maine’s EPT rule is based on scientific evidence, the recommendations of the U.S. Centers for Disease Control and Prevention, and other nationally-recognized medical authorities. Based on this research, the Maine Center for Disease Control and Prevention has limited Expedited Partner Therapy to be used for the treatment and prevention of infection with chlamydia (Chalmydia trachomatis) and gonorrhea (Neisseria gonorrhoeae).
These rules establish the requirements for Expedited Partner Therapy, including guidelines, criteria for eligibility, counseling messages, materials, protocol, and related administrative policies. These rules are intended to complement other public health and clinical methods for preventing and treating sexually transmitted infections, reducing the burden of disease among the residents of Maine.
EFFECTIVE DATE: November 4, 2015
AGENCY CONTACT PERSON: Emer Smith, Department of Health and Human Services, Maine Center for Disease Control, 11 State House Station, Augusta, ME 04333. TELEPHONE: (207) 287-3747. E-mail: Emer.Smith@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .