April 21, 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 (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Proposed Policy #168P: Standard Utility Allowance Increases
PROPOSED RULE NUMBER: 2010-P79
CONCISE SUMMARY: This rule will increase the non-heat utility and telephone standard allowances and will maintain the full standard utility allowance (FSUA), for those incurring heating/cooling costs or receiving L1HEAP, at its current level of $700 per month. The non-heat utility allowance will increase from $180 to $203 a month. The telephone standard will increase from $27 to $31 a month. This rule will not have an adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)©
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 21, 2010
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement 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) 287-7118. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Karen.L.Curtis@Maine.gov .
URL: http://www.maine.gov/dhhs/ofi/services/snap/index.html
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. III Section 7, Free-Standing Dialysis Services
PROPOSED RULE NUMBER: 2010-P80
CONCISE SUMMARY: The Department of Health and Human Services, MaineCare Services, is proposing changes to Chapter VIII, Section 7, Free-Standing Dialysis Services. Specifically, the Department proposes to require that providers bill using HCPCS codes along with Revenue codes when billing for Free-Standing Dialysis Services. This will be effective upon implementation of the new claims system, MIHMS, with a 30 day notice to providers. This is necessary in order to be consistent with Medicare guidelines, satisfy correct coding, and to remain HIPPA compliant.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA. §42, §3173
PUBLIC HEARING: The Department will not hold a public hearing unless five (5) or more people request one.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 28, 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) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 6, Lobster Processing (formerly Procedures For Lobster Tail Permit Holders)
PROPOSED RULE NUMBER: 2010-P81
CONCISE SUMMARY: The proposed rulemaking creates a two tiered approach for a Lobster Processor license that would allow both processing of tails and lobster parts with a fee of $500 (new); and a Lobster Processor Tails only license for processing only lobster tails with a fee of $159 (new fee and similar to the former lobster tail permit). The proposed rules would also update the lobster meat permit rules (similar to the repealed lobster meat permit in statute with no change to license fee) for consistency and enforcement. Labeling and records would be required for each license holder for traceability and enforcement purposes. An effective date of July 1, 2010 is proposed for these regulations.
AGENCY CONTACT PERSON: Col. Joe Fessenden (207-624-6550)
STATUTORY AUTHORITY: 12 MRSA §6851-B & §6857
PUBLIC HEARINGS: May 11, 2010, 6:00 p.m., Casco Bay Ferry Terminal (Conf. Rm), 56 Commercial Street, Portland; May 13, 2010, 6:00 p.m., Ellsworth City Hall (Auditorium) One City Hall Plaza, Ellsworth
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: May 24, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. Web site: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.
URL: http://www.maine.gov/dmr/index.htm


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2010-P82
CONCISE SUMMARY: The changes to Ch. 346, Section 1, Subsection 11, paragraph A, section 2, reflects authorization, as enacted by the 124th Maine Legislature, 1st Regular Session, to incorporate by reference, those provisions of the Code of Federal Regulations that are applicable to meat and poultry inspection, as such regulations may be amended and that are necessary to remain in compliance with the federal requirements for the State’s meat and poultry products inspection and licensing program under Section 2512. This enactment was necessary to avoid an immediate and ongoing threat to the public health, safety and welfare of Maine consumers to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E.coli O157:H7, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and any other pathogens of concern, and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations. In addition this enactment will continue to maintain “at least equal to” status for the Cooperative Agreement between the USDA, FSIS and the Maine Meat and Poultry Inspection program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING: May 12, 2010, 1:00 p.m., Department of Agriculture, Deering Bldg, Room 319, 90 Blossom Lane, Augusta Maine 04330
DEADLINE FOR COMMENTS: May 25, 2010
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3841. E-mail: Hal.Prince@Maine.gov .
URL: http://www.maine.gov/agriculture/qar/index.html
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.03, Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2010-P83
CONCISE SUMMARY: In accordance with Title 12, MRSA §11152 sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2010 regular and special muzzleloading deer hunting seasons; retaining the restriction on the regular archery season to bucks only in those Wildlife Management Districts that have no antlerless permits being allocated and, removing the restriction on youth hunting day to bucks-only in those Wildlife Management Districts that have no antlerless permits being allocated; for 2010, youth will be allowed to take a deer of either sex on youth hunting day. This proposal will establish specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 – 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 645 permits
WMD 13 – 490 permits
WMD 14 - 0 permits
WMD 15 – 4,210 permits		 WMD 16 – 5,400 permits
WMD 17 – 3,500 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 4,400 permits
WMD 21 – 5,670 permits
WMD 22 – 5,530 permits
WMD 23 – 7,800 permits
WMD 24 – 2,680 permits
WMD 25 – 5,900 permits
WMD 26 – 2,000 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 48,825
 �
STATUTORY AUTHORITY: 12 MRSA §11152
PUBLIC HEARINGS: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: May 21, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.08, Falconry
PROPOSED RULE NUMBER: 2010-P84
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to repeal and replace the entire chapter for falconry regulations, in order to bring Maine regulation into compliance with Federal regulations. For example, in order to practice falconry in Maine a Federal permit is required; in Oct. 2008, the U.S. Fish and Wildlife Service issued revised federal regulations. The revision eliminates the need for a falconer to hold a Federal falconry permit once each State brings its falconry regulations into compliance with the revised federal regulations. A chart showing the changes taking place in this revision 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
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: May 21, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/

ADOPTIONS


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 94, Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT) [formerly known as Prevention, Health Promotion, and Optional Treatment Services]
ADOPTED RULE NUMBER: 2010-140
CONCISE SUMMARY: The adopted rule updates terminology, clarifies certain sections, and makes technical corrections to prepare for the Maine Integrated Health Management Solution (MIHMS). Additionally, the rule is being renamed. This rule is not expected to have an adverse impact on municipalities, counties, or small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: May 1, 2010
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369.. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cxeak@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, Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 114, Rules Governing the Reporting of Sentinel Events
ADOPTED RULE NUMBER: 2010-141
CONCISE SUMMARY: To reduce medical errors and improve patient safety, the Maine Legislature enacted Public Law 2009, Chapter 358, which amended the Sentinel Events Reporting statute, 22 MRSA Ch. 1684. The rules have been amended to incorporate the statutory revisions. The amended rule includes the following changes:
* New definitions of a number of terms including root cause analysis, immediate jeopardy, and near miss;
* The definition of sentinel events is amended to include the list of serious and preventable events identified by the National Quality Forum;
* Requires standardized training of providers and staff, reporting and notification procedures;
* Financial penalties are increased from not more than $5000 to not more than $10,000; and
* Appendix I incorporates by reference “Table 1 – List of Serious Reportable Events, pages 7-16” of the National Quality Forum (NQF), Serious Reportable Events in Healthcare – 2006 Update: A Consensus Report.
The amended rules are available on line at: http://www.maine.gov/dhhs/oms/rules/index.shtml
To request a paper copy of the rules, please call (207) 287-9300 or 1 (800) 791-4080.
EFFECTIVE DATE: April 17, 2010
AGENCY CONTACT PERSON: Anne Flanagan, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine 04333. Telephone: (207) 287-9300; 1 (800) 791-4080. TTY 1 (800) 606-0215. Fax (207) 287-5815. E-mail: Anne.Flanagan@Maine.gov .
URL: http://www.maine.gov/dhhs/dlrs/
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 and III Section 67, Nursing Facility Services, and Principles of Reimbursement for Nursing Facilities.
ADOPTED RULE NUMBER: 2010-142
CONCISE SUMMARY: The Department is adopting Ch. II and III Section 67, Nursing Facility Services, and Principles of Reimbursement for Nursing Facilities. Specifically, the Department adopts 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. The amended rules also expand eligibility for specialized services for members with MR or "other related condition". Furthermore, the amended rules allow residents to receive maintenance-level speech 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. The Department adopts 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 adopted under principal 70 to support facilities billing for community support services. The Department also adopts language regarding depreciation recapture. These changes do not impose negative fiscal impact on small businesses with twenty (20) or fewer employees or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: Ch. II, Section 67.05-13(G) and Ch. III, Principle 70 are effective retroactive to April 1, 2010. All other adopted changes are effective April 25, 2010 and will be implemented upon MIHMS go-live. Providers will be notified at least thirty (30) days prior to the MIHMS start-date.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 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 or (207) 287-1828 (Deaf/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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Private Non-Medical Institutions, and Ch. III Appendices D & E
ADOPTED RULE NUMBER: 2010-143 (Major substantive final adoption)
CONCISE SUMMARY: In this major substantive rulemaking, the Department is finally adopting the August 1, 2009, Emergency Substantive PNMI, Ch. III Rule, currently in effect as well as other additional clarifications. These rules were provisionally adopted by the Department and have now been finally approved by the Maine State Legislature in Resolve 2009, ch. 166.
The Department amends Appendix D (Child Care PNMI Facilities) by deleting the cost settlement requirement. Instead, the Department adopted a standardized capitated rate for five (5) levels of child services based on a child's diagnosis and level of acuity. These rates were established by analyzing data from claims and time studies and unbundling service components to establish an Upper Payment Limit. The Department added new billing codes for children's services. The capitated rate includes reimbursement for all PNMI services required by a child for his/her category of level of care including all staffing required both by Maine licensing guidelines, and as identified in the child's individual service plan. The Legislature mandated the 5 levels of child services in its budget initiative enacted into law (P.L. 2009, ch. 213, Part CC). The Department amended Appendix E (Community Residences for Persons with Mental Illness) by deleting "scattered site" PNMI services. Other changes in Chapter III update billing codes for the Department's new claims system for all other PNMI services, and clarify in Chapter III where language pertaining to auditing cost reports no longer applies to Appendix D PNMI services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: May 15, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. E-mail: Patricia.Dushuttle@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 37.02, Prohibitions on the Taking or Possession of Minimum Length Limit for Landlocked Salmon, Brown Trout, and Rainbow Trout – EMERGENCY RULEMAKING
ADOPTED RULE NUMBER: 2010-145 (EMERGENCY)
CONCISE SUMMARY: Department personnel have observed or received reports of anglers catching Atlantic salmon in Marsh Stream, Frankfort, which is a tributary of the Penobscot River downstream from the site of the former Bangor dam. The endangered Atlantic salmon caught in these tidal waters can be easily mistaken for landlocked salmon or brown trout. Due to the joint listing by the National Oceanic and Atmospheric Administration (NOAA) and the US Fish & Wildlife Service (USFWS) in 2009 of Atlantic salmon as endangered in these territorial waters pursuant to 50 CFR Parts 17 and 224, Vol. 74, No. 117, pages 29344 – 29387, (online: http://www.nero.noaa.gov/prot_res/altsalmon/ ) it is imperative to prohibit the take of any salmon (sea-run or landlocked) and brown trout to conserve and protect the federally declared endangered Atlantic salmon from imminent depletion and possible extirpation from this federally designated area. A copy of the rule is available online at http://www.maine.gov/dmr/rulemaking/ or to receive a copy by mail see agency contact information below. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: April 17, 2010
AGENCY CONTACT PERSON: Norm Dube - (207) 941-4453
AGENCY NAME & ADDRESS: Department of Marine Resources, attn L Churchill, PO Box 8, West Boothbay Harbor, Maine 04575-0008 Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
URL: http://www.maine.gov/dmr/index.htm