July 27, 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

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Service – MRS)
CHAPTER NUMBER AND TITLE: Ch. 205, Certification of Assessors
PROPOSED RULE NUMBER: 2016-P092
BRIEF SUMMARY: Rule 205 (Certification of Assessors) is being amended to expand the levels of assessor certification to recognize advanced professional education and make other, housekeeping, changes. Certification and the continuing education of property tax assessors in the State of Maine is the responsibility of the State Tax Assessor. This rule governs the nature and content of the certification examinations as well as the enforcement of the continuing education requirements required under 36 MRS  311.
PUBLIC HEARING: none
COMMENT DEADLINE: August 26, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The rule describes the certification process for municipal property tax assessors in Maine.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS    310-314
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: David.P.Ledew@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Proposed Miscellaneous Rule Revisions
PROPOSED RULE NUMBER: 2016-P093
BRIEF SUMMARY: The Commission proposes miscellaneous rule revisions to Ch. 10, Land use Districts and Standards, in order to ensure that the rules are up-to-date, accurate, and as clear as possible. The proposed revisions cover numerous general housekeeping matters, such as correcting citation and typographical errors, updating references, and clarifying certain provisions.
PUBLIC HEARING: none
COMMENT DEADLINE: written comments must be submitted on or prior to 8/26/2016. Written rebuttal comments must be submitted on or prior to 9/2/2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ben Godsoe; 22 State House Station, Augusta ME, 04333. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS    685-A(3), 685-A(7-A),  685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/ .
DACF RULE-MAKING LIAISON: Benjamin.Godsoe@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 40, Home Health Services
PROPOSED RULE NUMBER: 2016-P094
CONCISE SUMMARY: This letter gives notice of a proposed rule change to MaineCare Benefits Manual (MBM), Ch. II Section 40, “Home Health Services”. This proposed rule-making seeks to implement the following:
1. New definitions added: Health Care Provider, Interactive Telehealth Services, Telehealth Services, and Telemonitoring Services. Authorized Agent is changed to Authorized Entity and updated throughout the policy.
2. Eligibility for Care changes: Medical Eligibility Requirements for Interactive Telehealth Services and Medical Eligibility Requirements for Telemonitoring Services.
3. Interactive Telehealth Services and Telemonitoring Services are added to Covered Services.
4. Non-Routine Medical Supplies includes an updated link to billing instructions and list of supplies.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: August 16, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before August 9, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 26, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
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 (MBM): Ch. III Section 40, Home Health Services
PROPOSED RULE NUMBER: 2016-P095
CONCISE SUMMARY: The proposed major substantive rule seeks to implement new procedure codes set forth by the Centers for Medicare and Medicaid Services, effective retroactive to January 1, 2016. The procedure code for services of a skilled nurse (RN) in a home health setting is updated to G0299 from G0154TD. The procedure code for services of a skilled nurse (LPN/LVN) in a home health setting is updated to G0300 from G0154TE. Procedure codes G0154TD and G0154TE are eliminated through this rule-making.
Telemonitoring of a patient in their home is proposed as a new covered service in Ch. II Section 40, “Home Health Services”. Procedure code S9110 is added in Ch. III to support the reimbursement of this service. The Telemonitoring Services procedure is effective retroactive to April 16, 2016.
This major substantive rule will remain in effect for up to one year or earlier if the Legislature approves the provisionally adopted major substantive rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: August 16, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before August 9, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 26, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42, 3173, 5 MRS  8072
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
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) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2016-P096
BRIEF SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment makes technical changes on procedures dealing with payment of pari-mutuel prizes. This amendment also makes other non-technical changes to clarify language, fix cross references and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
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: September 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy 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: Multi-State Lottery Association and professional judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS  374; 8 MRS  372 sub- 2  I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .

AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 40, Mega Millions Rules
PROPOSED RULE NUMBER: 2016-P097
BRIEF SUMMARY: This amendment updates the existing rules governing the jackpot draw game Mega Millions. This amendment numerous makes technical changes including adding definitions, clarifying definition, establishing new prize reserve accounts and establishing procedures dealing with payment prizes generally. This amendment also makes other non-technical changes to clarify language, fix cross references and fix typographical errors. The changes do not impact the way the game is played by consumers or sold by lottery retailers.
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: September 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy 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: Multi-State Lottery Association and professional judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS  374; 8 MRS  372 sub- 2  I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .

ADOPTIONS

AGENCIES:
02 - Department of Professional and Financial Regulation (PFR):
02-029 - Bureau of Financial Institutions (BFI);
02-030 - Bureau of Consumer Credit Protection (BCCP)
CHAPTER NUMBERS:
BFI Ch. 119 (Regulation 19)
BCCP Ch. 250 (Rule 250)
TITLE: Alternative Mortgage Transactions
ADOPTED RULE NUMBERS: 2016-125, 126
CONCISE SUMMARY: The purpose of this rule-making is to substantially align the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection's Alternative Mortgage Transactions joint rule 19/250 with the federal Consumer Financial Protection Bureau's Alternative Mortgage Transaction Parity regulation known as Regulation D. The proposed rule will continue to authorize creditors and financial institutions to make mortgage loans with adjustable rates and finance charges. The proposed rule limits how adjustments to interest rates and finances charges may be made, prevents an increase or decrease in the interest rate of a balloon mortgage at renewal unless the lender makes a written commitment to renew the loan, and prohibits prepayment penalties on alternative mortgage loans.
EFFECTIVE DATE: July 25, 2016
CONTACT PERSON FOR THIS JOINT FILING / BFI RULE-MAKING LIAISON: David Gordon Laurendeau, Attorney, Department of Professional and Financial Regulation, Bureau of Financial Institutions, 36 State House Station, Augusta ME 04333-0036. Telephone: (207) 624-8574. Fax: (207) 624-8590. E-mail: David.G.Laurendeau@Maine.gov .
WEBSITES:
BFI: http://www.maine.gov/pfr/financialinstitutions/ .
BCCP: http://www.maine.gov/pfr/consumercredit/index.shtml .
BCCP RULE-MAKING LIAISON: Kristine.M.Fournier@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-16
ADOPTED RULE NUMBER: 2016-127 (Emergency)
CONCISE SUMMARY: Minimum August 2016 Class I price is $18.32/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $24.42/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: July 31, 2016
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

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 #283: Chart 6, 2016 Federal Poverty Level
ADOPTED RULE NUMBER: 2016-128
CONCISE SUMMARY: This rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were determined by the U.S. Department of Health and Human Services and published in the Federal Register on January 25, 2016. This change will be retroactive to January 1, 2016.
The 2016 Federal Poverty Level must be applied to all eligibility decisions effective January 1, 2016, as required by federal law. Pursuant to 22 MRS  42(8), the Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients. These rules produce no adverse financial impact on recipients.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 1, 2016
AGENCY CONTACT PERSON: Marta Noriega-Allen, Senior Planner, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. TTY: 711 (Maine Relay). E-mail: Marta.Noriega-Allen@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .