June 29, 2016
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: no proposals this week
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2016-107 (Emergency)
CONCISE SUMMARY: For Management Area IA, Sub-ACL Trimester 2 (June 1 - September 30), Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). All vessels landing herring caught in Management Area 1A in any Maine port will be limited to fishing for and landing herring only on days designated by the Atlantic States Marine Fisheries Commission herring section, which are designated as three consecutive days until June 30, then four consecutive days per week beginning July 1. Landing days begin on Sunday of each week at 6 p.m. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6 p.m. to 6 p.m.). For the purpose of this subsection, "landing" shall be defined as follows: To come to shore, float, or a dock and offload herring. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3).
EFFECTIVE DATE: June 22, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: Hannah.Dean@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .
AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 120, Release of Data to the Public
ADOPTED RULE NUMBER: 2016-108 (Final adoption, major substantive)
CONCISE SUMMARY: These changes repeal and replace MHDOâ€™s current data release rule Ch. 120 in order to implement the provisions of PL 2013 ch. 528, An Act to Amend Laws Relating to Health Care Data. This overhaul includes several major themes:
* breaks down data sets into three different levels based on whether any elements of identifying information are involved; Level 1 data is De-Identified data; Level 2 is the MHDOâ€™s Limited Data Set and Level 3 data is our Direct Patient Identifiers;
* includes appendices listing the actual data elements in each data set, which improves public transparency about what the MHDO does;
* clarifies data users ability to request and receive direct patient identifierâ€™s when that is necessary for the data userâ€™s study and they meet the numerous requirements protecting that information;
* clarifies that all data sets released by MHDO, including the â€śde-identifiedâ€ť or Level I data set require a data use agreement, and approval by the Executive Director, as additional protections
* provides a method for subjects of data to â€śopt-outâ€ť of a Level 3 data releases;
* clarifies that charge data at the individual level is confidential and is not released by MHDO except at an aggregate/average level;
* streamlines the review and appeal process for data providerâ€™s claims of proprietary information;
* specifies data protections and practices such as â€śminimum necessary,â€ť MHDO DUAâ€™s and breach notification, and Promulgates the MHDOâ€™s ability to levy large fines for misuse of MHDO benefit for financial or personal gain; and
* aligns many existing MHDO practices with the concepts of the Health Insurance Portability and Accountability Act (HIPAA);
* establishes a Data Release Subcommittee of the MHDO Board of Directors for the review and decision of all Level 3 data requests.
This major substantive rule was provisionally adopted by the Maine Health Data Organization on March 3, 2016. As a major substantive rule, it was sent to the Legislature for approval. On April 16, 2016 the Legislature authorized adoption of the amended rule, as an emergency. Resolves 2015 ch.79.
This rule will not have a fiscal impact on municipalities, counties or small businesses. Copies of these rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
EFFECTIVE DATE: July 28, 2016
AGENCY CONTACT PERSON / MHDO RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
MHDO WEBSITE: https://mhdo.maine.gov/ .
AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 71 (New), Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection (formerly 16-222 Ch. 20)
ADOPTED RULE NUMBER: 2016-109
CONCISE SUMMARY: The chapter defines the uniform forensic examination kit to be used by licensed medical facilities and health care practitioners for evidence collection in cases of alleged gross sexual assault. Through this rule-making, wording changes are being made to the chapter to make it more accurate. In addition, a provision in the chapter is being stricken that allows standardized, statewide forensic examination documentation forms that include information of patientsâ€™ assaults, to be substituted for patientsâ€™ assault information forms included in the kit, if such documentation forms are available. Finally, the four appendices to the chapter that each provide instructions are being replaced in their entirety with four revised appendices.
EFFECTIVE DATE: July 3, 2016
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive - Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7205. E-mail: Christopher.Parr@Maine.gov .
WEBSITE: http://www.maine.gov/dps/ .