January 13, 2010

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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 27, Early Intervention Services (Repeal)
PROPOSED RULE NUMBER: 2010-P1
CONCISE SUMMARY: The Department proposes to repeal MaineCare Benefits Manual, Ch. II & III Section 27, Early Intervention Services. The services covered under this section can be provided by qualified providers under other sections of the MaineCare Benefits Manual, e/g, Psychological testing, Section 65, Behavioral Health Services, Occupational Therapy, Section 68, Speech Therapy, Section 109 and Physical Therapy, Section 85.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: February 2, 2010, 1:00 p.m., Conference Room # 1A&B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 25, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, February 12, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: 10-144 - MaineCare Benefits Manual: Ch. II & III Section 104, School Based Rehabilitative Services (Repeal)
PROPOSED RULE NUMBER: 2010-P2
CONCISE SUMMARY: The Department is proposing to Repeal MaineCare Benefits Manual, Ch. II & III Section 104, School Based Rehabilitative Services. The services covered under this Section can be provided by qualified providers under other sections of the MaineCare Benefits Manual, Section 65, Behavioral Health Services, Occupational Therapy, Section 68, Speech Therapy, Section 109 and Physical Therapy, Section 85.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: February 3, 2010 8:30 a.m., Conference Room # 1A&B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 25, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, February 13, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 14-191 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Initiating Competitive Bids for Existing Departmental Services (Repeal)
PROPOSED RULE NUMBER: 2010-P3
CONTACT PERSON FOR THIS FILING: Stephen Turner, Director, Division of Purchased Services, 221 State Street, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3774. E-mail: Stephen.Turner@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING (if any):
COMMENT DEADLINE: February 12, 2010
SUMMARY: Ch. 10 is repealed because the enabling statute (34-B MRSA 1208(6)) has been repealed.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22-A MRSA 205(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 67, Nursing Facility Services and Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2010-P4
CONCISE SUMMARY: The Department proposes the following changes to Ch. II Section 67, Nursing Facility Services: adds language describing the practice of continued stay in a NF when a resident is no longer medically eligible for NF services and is awaiting placement for a residential care setting; adds a service for residents who have been receiving services under Section 24, Day Habilitation Services, which are being repealed; complies with State statute that allows residents to receive maintenance-level therapy when it has been determined the services are medically necessary in order to avoid a significant deterioration in ability to communicate orally, safely swallow or masticate; expands eligibility for specialized services for members with MR or other related condition; and changes terminology that is compliant with the new claims system. Furthermore, the Department proposes changes to Ch. III, Principles of Reimbursement for Nursing Facilities, by changing the methodology establishing the direct care cost components and consequently the prospective per diem rates for facilities. Additionally, methodology is added under principal 70 to support facilities billing for community support services, formerly billed under Section 24. The Department also proposes language that is now in state statute regarding depreciation recapture. Finally, proposed changes also include adding the OBRA Assessment definition as well as deleting the DRI definition.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 3174-FF(3)(A), 3175-D
PUBLIC HEARING: February 3, 2010 at 1 p.m., Conference Room # 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 27, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 13, 2010
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 37, Voluntary Municipal Farm Support Program
PROPOSED RULE NUMBER: 2010-P5
CONCISE SUMMARY: This chapter creates the rules governing the Voluntary Municipal Farm Support Program.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 2-C
PUBLIC HEARING: Tuesday, February 2nd, 2010, 9 a.m., Maine Department of Agriculture, 319 Deering Building, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., Monday, February 15, 2010
AGENCY CONTACT PERSON: John Harker, Acting Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028. Telephone: (207) 287-7620. Fax: (207) 287-5576. E-mail: John.Harker@Maine.gov
URL: http://www.maine.gov/agriculture/index.shtml

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 203, Rules Relating to the Sale and Delivery of Tobacco Products in Maine
ADOPTED RULE NUMBER: 2010-2
CONCISE SUMMARY: The changes to the Rules incorporate a revised fee schedule prorating first-time license fees. A late fee consistent with Health Inspection Program general licensing rules is specified. The annual term of licenses is changed from the date April 1st and is replaced by March 31st of the following year. The Department added clear criteria for denial of licenses. The provisions for delivery sales were revised to pertain only to delivery sales of premium cigars.
EFFECTIVE DATE: January 11, 2010
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, DHHS, 11 State House Station, Key Bank Plaza, 3rd Floor, 286 Water Street, Augusta, ME 04333-0011. Tlephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2010-3
CONCISE SUMMARY: The Department adopts changes to the MaineCare Benefits Manual, Ch. I Section 1, General Administrative Policies and Procedures. These rules define billing and rendering (servicing) provider; set forth additional requirements for emergency services; clarify that providers must supply requested information to the Department, and that there is a continuing duty to update provider information; clarify the types of financial information that may be requested; set forth additional requirements for termination procedures; simplify provider requirements related to e-signatures and facsimiles obtained for member files; add the coverage of a new eligibility group (presumptive eligibility for pregnant women); require that providers of managed care services must have a referral from the members PCP; outline the requirements for the PA process; delete PA requirements for alcohol treatment services reimbursed by the Indian Health Service; provide that national standards may be used as criteria for defining medically necessary; and set forth procedures following a provider suspension.
As a result of public comment, the following four changes were made to the final rule; removal of Section 1.03-7, Provider Debt; replacing and with or under Section 1.06-4 to clarify that coverage of services for medically necessary treatment under presumptive eligibility is for the pregnant woman or the fetus; clarifying under Section 1.06-5(C) that certain services do not require a referral as outlined under Ch. VI, Primary Care Case Management; adding language under Section 1.14-2(B)(1) to allow for an extension of the one-day requirement for out of state providers who cannot verify MaineCare membership; and deleting language under Section 1.14-2(C)(2) that outlined requirements for behavioral health emergency services for children. The adopted changes do not create any additional compliance burdens or adversely impact counties or municipalities, or businesses with twenty (20) or fewer employees.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: January 11, 2010
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Alyssa.Morrison@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov