March 10, 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: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 1, Definitions
PROPOSED RULE NUMBER: 2009-P307 (republication – comment deadline extended)
CONCISE SUMMARY: The proposed rule change will add definitions for new words that will appear within the various chapters of the rules as a result of statutory changes, and delete words no longer referred to within the various chapters of the rules.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1094-I, 1094-Q, 1095, 1100-A, 1100-B, 1100-C, 1100-E, 1100-I
RULE TITLE OR SUBJECT: Ch. 2, Rules Relating to Dental Hygienists
PROPOSED RULE NUMBER: 2009-P308 (republication – comment deadline extended)
CONCISE SUMMARY: The proposed rule change will allow a dental hygienist who holds a current local anesthesia permit, to administer it under the direct supervision of a licensed medical or osteopathic physician within a hospital or clinical setting.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2) and 1095
RULE TITLE OR SUBJECT: Ch. 3, Rules Relating to Dental Assistants
PROPOSED RULE NUMBER: 2009-P309 (republication – comment deadline extended)
CONCISE SUMMARY: The proposed rule change will allow dental assistants to place temporary crowns with temporary cement under the direct supervision of a dentist.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2) and 1100-A
RULE TITLE OR SUBJECT: Ch. 4, Rules Relating to the Practice of Denturism
PROPOSED RULE NUMBER: 2009-P310 (republication – comment deadline extended)
CONCISE SUMMARY: This proposed rule change will revise the scope of practice for licensed denturists in accordance with statutory changes, including the contents and criteria for a written statement of oral condition.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1100-B, 1100-C, 1100-D, 1100-E
RULE TITLE OR SUBJECT: Ch. 5, Requirements for Licensure as a Denturist
PROPOSED RULE NUMBER: 2009-P311 (republication – comment deadline extended)
CONCISE SUMMARY: This proposed rule change will establish the criteria for an upgrade curriculum for licensed denturists who do not have a diploma from a Board-approved post-secondary denturism school, which must be completed prior to producing/fabricating a removable tooth borne partial dentures. In addition, it will allow for the Board and/or Subcommittee to perform licensure interviews by means other than in person.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1100-B, 1100-C, 1100-D, 1100-E
RULE TITLE OR SUBJECT: Ch. 9, Complaints / Investigations / Unprofessional Conduct
PROPOSED RULE NUMBER: 2009-P312 (republication – comment deadline extended)
CONCISE SUMMARY: This proposed rule change will add the following to “unprofessional conduct:” disruptive behavior; the administration of dermal fillers by anyone other than a Board-certified oral and maxillofacial surgeon; failure to obtain a valid, signed certificate of oral condition prior to commencing with treatment regarding partial dentures; and failure to follow identified practice closure procedures.
STATUTORY AUTHORITY: 32 MRSA §1073(2)
RULE TITLE OR SUBJECT: Ch. 11, Requirements for Licensure As Dental Hygienists
PROPOSED RULE NUMBER: 2009-P313 (republication – comment deadline extended)
CONCISE SUMMARY: This proposed rule change will eliminate the need for dental/dental hygiene applicants by examination and/or endorsement to successfully complete the NERB CSCE/DSCE, and allow the Board and/or Subcommittee to perform licensure interviews by means other than in person.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1079, 1096, 1098-D
RULE TITLE OR SUBJECT: Ch. 12, Requirements for Dental Licensure
PROPOSED RULE NUMBER: 2009-P314 (republication – comment deadline extended)
CONCISE SUMMARY: This proposed rule change will eliminate the need for dental/dental hygiene applicants by examination and/or endorsement to successfully complete the NERB CSCE/DSCE, and allow the Board and/or Subcommittee to perform licensure interviews by means other than in person.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2), 1082, 1083, 1085
RULE TITLE OR SUBJECT: Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
PROPOSED RULE NUMBER: 2009-P315 (republication – comment deadline extended)
CONCISE SUMMARY: The proposed rule will exempt licensed hospitals or CODA accredited clinical settings from on site facility and equipment inspections, and allow a permittee to administer moderate sedation to no more than three patients within a Board-approved educational setting for purposes of acting as an instructor.
STATUTORY AUTHORITY: 32 MRSA §§ 1073(2) and 1089
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: February 19, 2010 – 9:30 a.m. (Board of Medicine Conference Room)
DEADLINE FOR COMMENTS: March 17, 2010
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov
URL: http://www.mainedental.org/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Partnership for a Tobacco-free Maine
CHAPTER NUMBER AND TITLE: Ch. 249, Rules Relating to Smoking in Public Places
PROPOSED RULE NUMBER: 2010-P44
CONTACT PERSON FOR THIS FILING: Carol Coles, Public Health Educator, Partnership for a Tobacco-free Maine, Division of Chronic Disease, Maine CDC, Dept. of Health and Human Services, State House Station 11, Augusta, ME 04333. Telephone: (207) 287-4626. E-mail: Carol.R.Coles@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Wednesday, March 31st, 2010 at 10:00 a.m., Key Bank Plaza, 286 Water Street, Augusta, Maine
COMMENT DEADLINE: Monday, April 12th, 2010
BRIEF SUMMARY: The changes to the Rules incorporate changes required by recently enacted laws. These changes include statutory restrictions against smoking in the enclosed areas of public places, certain outdoor eating areas, and areas within state parks and historic sites.
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact is expected for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42 (1) & 1541-1550, 1580-A & 1580-E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dhhs/boh/hmp/ptm/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: Department of Health and Human Services (DHHS), Maine CDC, Partnership for a Tobacco-free Maine
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace
PROPOSED RULE NUMBER: 2010-P45
CONTACT PERSON FOR THIS FILING: Carol Coles, Public Health Educator, Partnership for a Tobacco-free Maine, Division of Chronic Disease, Maine CDC, Dept. of Health and Human Services State House Station 11, Augusta, ME 04333. Telephone: (207) 287-4626. E-mail: Carol.R.Coles@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Wednesday, March 31st, 2010 at 10:00 am, Key Bank Plaza, 286 Water Street, Augusta, Maine
COMMENT DEADLINE: Monday, April 12th, 2010
BRIEF SUMMARY: The changes to the Rules incorporate changes required by recently enacted laws and incorporate prohibitions on enclosed designated smoking areas in workplaces, defines outdoor designated smoking areas, sets a minimum distance for smoking of 20 feet from openings to enclosed areas and prohibits smoking in residential units of residential care faculties when employees are present.
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact is expected for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.A. §§, 42 (1), 1580-A(9); 22 -A M.R.S.A. §205(2); Pub. L. 2005 ch. 581, 683 §G-1; Resolve 2007 ch. 4; Resolve 2008 ch. 149; P.L. 2009, c. 300
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/dhhs/boh/hmp/ptm/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Centers
PROPOSED RULE NUMBER: 2010-P46
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, proposes changes to Chapter II, Section 4.04, Section 4.05 and Section 4.07 in order to update and clarify policy language. In Section 4.04-A, the Department is adding language to state that payment for implanted presbyopia-correcting intraocular lens and astigmatism correcting intraocular lens will be paid at the rate of a conventional intraocular lens. In section 4.04-B, the Department is eliminating website information that is stated in 4.04-Covered Services and adding language that states that ASC covered services may be billed in addition to the surgical procedure. In Section 4.05, Non-Covered Services, the Department is deleting the 3rd and 4th paragraph “Payment for” Presbyopia-Correcting Intraocular Lens, etc, as this is clarified in Section 4.04-A. In section 4.07-2 the Department is proposing to change the language to clarify that when there are multiple procedures in the same operative session MIHMS will pay for one procedure, which has the highest payment amount.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES AND COUNTIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: Not Applicable. The Department will not hold a public hearing on this proposed rule unless (5) five or more people request one. Comments may be sent in writing to: Cindy Boucher, Comprehensive Planner II, Department of Health and Human Services, MaineCare Services, Division of Policy, 11 State House Station, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: Comments must be received by midnight April 14, 2010.
AGENCY CONTACT PERSON: Cindy S. Boucher, Comprehensive Health Planner, 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) 606-0215 (Deaf or Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
PROPOSED RULE NUMBER: 2010-P47
CONCISE SUMMARY: Rules and regulations for the Allagash Wilderness Waterway will be amended to clarify that the use of kayaks is allowed in two sections of the Waterway where by current rules there is confusion. Currently, there are two sections of the Waterway in which canoes are the only allowable watercraft —from Lock Dam Stream, where it enters Eagle Lake north to Twin Brook Rapids, and on Allagash Lake and Allagash Stream to the red posts at the entrance of Chamberlain Lake. When Waterway rules were originally adopted, most kayaks had a width to length ratio that allowed them to fit under the definition of a canoe (defined in part by its dimensions). However, many modern kayaks are too wide in proportion to their length to meet the canoe definition, and as a result are inadvertently prohibited from these two sections of the Waterway. This amendment will change 04-059 Chapter 2 Section 2.8 (B) and (C) to specifically add kayaks as permitted watercraft in these two sections of the Waterway, and will add the definition of a kayak to Section 1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 12 MRSA §1803(6)(C)
PUBLIC HEARING: A public hearing is not planned.
DEADLINE FOR COMMENTS: April 13, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Matt LaRoche, Department of Conservation, Bureau of Parks and Lands, PO Box 1107, Greenville, ME 04441. Telephone: (207) 695-3721 ext.4. Fax: (207) 695-2380. E-mail: Matt.LaRoche@Maine.gov .
URL: http://www.maine.gov/doc/parks/
DEPARTMENTAL RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 801, Apportionment of Income
PROPOSED RULE NUMBER: 2010-P48
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. The proposed amendments to Rule 801 reflect legislative changes made in 2009 and correct other portions of the Rule. Specifically, in section .06 language has been changed to reflect the adoption of the "throw out" rule and in .06(C) and (E) to delete wording that is no longer accurate due to that adoption. The application date and the summary at the beginning of the Rule have been updated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: April 14, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov .
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov .


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05, Moose (Open and Closed Season)
PROPOSED RULE NUMBER: 2010-P49
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule that provides for a controlled moose hunt in designated areas in Aroostook County, open to the hunting of moose by permit only (special landowner/guide lottery) during a specified period between August 15 and December 31, 2010. The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage. This proposal will also require that 5 permits be allocated to holders of valid disabled veteran hunting licenses and 5 permits are allocated to holders of valid junior hunting licenses.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT_HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11551
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: April 9, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov.
URL: http://www.maine.gov/ifw/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF): Proposed Policy #89P, Creation of a limited temporary program called Family Housing Stabilization
PROPOSED RULE NUMBER: 2010-P50
CONCISE SUMMARY: The American Recovery and Reinvestment Act (ARRA) funds will be used to create a limited temporary program called Family Housing Stabilization. Family Housing Stabilization is limited to children and their families who are at risk of imminent homelessness due to lack of stable housing and lack of housing security. This rule will not have an adverse impact on small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 3761, 3762, 3763(9) and 3769-A. 42 U.S.C. §603(c)(Section 403(c) of the Social Security Act) as amended by the American Recovery and Reinvestment Act of 2009 and known as the TANF Emergency Fund Statute (in effect through September 30, 2010)
PUBLIC HEARING: None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: April 9, 2010
AGENCY CONTACT PERSON Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Dawn.Mulcahey@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: repeal Ch. II & III Section 41, Day Treatment, and absorb it into Ch. II & III Section 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2010-P51
CONCISE SUMMARY: Ch. II & III Section 41, Day Treatment of the MaineCare Benefits Manual, is being repealed and the service Day Treatment is being moved to Ch. II & III Section 65, Behavioral Health Services. The service as described in Section 65 must be medically necessary and provided by qualified staff. HIPAA compliant coding will be utilized. Behavioral Health Professionals and Licensed Clinical Staff will be allowed to provide Children’s Behavioral Health Day Treatment Service in a school setting; reimbursement will be based on level of credential. The maximum number of hours reimbursed will be reduced from eight (8) to six (6) per day. In addition, Section 65 imposes additional eligibility requirements for Children’s Behavioral Health Day Treatment.
Behavioral Health Day Treatment may be provided by Schools and by mental health agencies who provide programs in private special purpose schools. Additionally, Schools will be allowed to provide the following services, as long as they have enrolled to provide them and the qualified staff: 65.06-3, Outpatient Services, 65.06-4 Family Psychoeducational Treatment, 65.06-7 Neurobehavioral Status Exam and Psychological Testing, 65.06-9 Children’s Home and Community Based Treatment, 65.06-10 Collateral Contacts Children’s Home and Community Based Treatment, and 65.06-13 Children’s Behavioral Health Day Treatment.
There are routine technical changes in order to prepare for the implementation of MIMHS. HIPAA compliant coding for Children’s ACT services is being proposed. The requirement for a hospital to have a Mental Health License is being removed. The limit for members in a Differential Substance Abuse Treatment (DSAT) substance abuse group is being changed. Other routine technical changes to Section 65, Behavioral Health Services have also been proposed.
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: April 2, 2010, 1:00 p.m., Conference Room # 1A & B, Department of Health and Human Services, 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 March 18, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Monday April 12, 2010.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, 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

ADOPTIONS


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 880, Regulation of Chemical Use in Children’s Products
ADOPTED RULE NUMBER: 2010-62
CONCISE SUMMARY: The BEP adopted Chapter 880 to regulate the use of toxic chemicals in children’s products. The rule sets forth the process by which and the process by which the Department of Environmental Protection may designate and gather information on priority chemicals.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website http://www.maine.gov/dep/safechem/index.html
EFFECTIVE DATE: March 3, 2010
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5902. E-mail: Andrea.Lani@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician’s Services
ADOPTED RULE NUMBER: 2010-63 (EMERGENCY)
CONCISE SUMMARY: Pursuant to PL 2009, chapter 213, effective March 1, 2010, the Department is increasing the MaineCare reimbursement rate for non-hospital based physician services from 56.94% to 70% effective March 1, 2010. This increase will not include reimbursement for procedures performed by radiologists, radiation oncologists, and pathologists, who currently receive a higher rate of reimbursement. No procedure codes are decreased as a result of this rulemaking. Furthermore, this increase does not apply to other sections of policy within the MaineCare Benefits Manual, Chapter 101. This emergency rule will remain in effect for 90 days while the Department promulgates rules to permanently adopt this rate change.
No adverse impact on small businesses is anticipated from adoption of this rule.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: March 1, 2010
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Nicole.Rooney@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 (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Approved Rule # 250A: Community Spouse Minimum Standard and Shelter Allowance; HIV Waiver Limited Benefits Premiums-2009; and Spousal Living Allowance
ADOPTED RULE NUMBER: 2010-64
CONCISE SUMMARY: Annual adjustments are required to receive Federal Medicaid match money and to be in compliance with Federal law and with the Waiver agreement between DHHS and the Center for Medicare and Medicaid Services (CMS). This rule change will not impose any additional cost on municipalities or counties or any economic burden on small businesses.
EFFECTIVE DATE: July 1, 2009
AGENCY CONTACT PERSON: Bethany Hamm, Director Program & Policy, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-3931. TTY: (800) 606-0215. E-mail: Bethany.Hamm@Maine.gov .
URL: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: Department of Health and Human Services, MaineCare Services
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 24, Day Habilitation Services (repeal); and Ch. II & III Section 28, Rehabilitation and Community Support Services for Children with Cognitive Impairments and Functional Limitations (amend)
ADOPTED RULE NUMBER: 2010-65
CONCISE SUMMARY: The adopted rules establish a new service: Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy 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/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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 68, Occupational Therapy Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-66
CONCISE SUMMARY: These adopted rules:
1. change the definition of “maintenance therapy” to allow medically necessary occupational therapy services if the services prevent a member from suffering a significant decline in function that would result in an extended length of stay or placement in an institutional hospital setting;
2. replace local billing codes with HIPAA compliant code;
3. adjust rates in a budget neutral fashion to match new billing codes;
4. remove “Collateral Contacts” as a billable service upon MIHMS go live; and
5. adopt other structural, administrative and grammatical changes.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: March 10, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427 . Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 85, Physical Therapy Services – FINAL RULE
ADOPTED RULE NUMBER: 2010-67
CONCISE SUMMARY: These adopted rules:
1. change the definition of “maintenance therapy” to allow medically necessary physical therapy services if the services prevent a member from suffering a significant decline in function that would result in an extended length of stay or placement in an institutional hospital setting;
2. replace local billing codes with HIPAA compliant code;
3. adjust rates in a budget neutral fashion to match new billing codes;
4. remove “Collateral Contacts” as a billable service upon MIHMS go live; and
5. adopt other structural, administrative and grammatical changes.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: March 10, 2010
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427 . Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 17-229 - Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 150, Rules and Regulations to Protect the Privacy of Certain Personal Information Contained in Payroll Records Submitted to the Department of Transportation
ADOPTED RULE NUMBER: 2010-68
CONCISE SUMMARY: These Rules will restrict from public disclosure certain personally identifying account numbers such as Social Security and taxpayer identification numbers contained in payroll records filed with the Maine Department of Transportation by private contractors retained by MaineDOT on projects where Federal funding and Federally-established wage & benefit minimums are not involved.
EFFECTIVE DATE: March 10, 2010
AGENCY CONTACT PERSON: Richard N. Hewes, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: Richard.Hewes@Maine.gov .
URL: http://www.maine.gov/mdot/
MDOT RULE-MAKING LIAISON: Theresa.Savoy@Maine.gov