June 9, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55.90 41.30, Menhaden Pilot Program
PROPOSED RULE NUMBER: 2010-P130
CONCISE SUMMARY: The Menhaden Pilot Program is proposed to be expanded coast wide. Areas A and B in southern Maine would remain the same and Area C would expand to include all other Maine territorial waters. Menhaden could only be landed for the purpose of bait when taken from Maine territorial waters. Commenters are requested to indicate their preference to one of three options to change the limitation on the carrier vessel size. The options include: 70 ft or less with no vessel measurement required; a maximum size of 90 ft with vessel measurement required; or a maximum size of 120 ft with vessel measurement required. Two options are also proposed for carrier vessels to either land once per day at a limit of 250,000 lb or land more than once per day with a limit of 250,000 lbs per landing. An exception would allow carrier vessels less than 70 ft to land more than once per day.
AGENCY CONTACT PERSON: Lt. Jon Cornish - (207) 633-9595
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS: June 28, 2010, 6:00 p.m., State Ferry Terminal, Conf. Rm., 517A Main Street, Rockland and June 29, 2010, 6:00 p.m., Municipal Bldg, Chamber A, 258 Route 1, Scarborough. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: July 9, 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. Website: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing)


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2010-P131
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 1, 2010, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: July 12, 2010
BRIEF SUMMARY: This proposed rule change will allow a 10% reduction in the fees charged for the sale of data to entities required to pay the MHDO annual assessment fee. It also allows the MHDO Board to approve a reduction or waiver of fee for the sale of data to an entity that uses the data to improve the health of Maine residents and makes available to the public any reports or analyses prepared from the data. This rule will not have a fiscal impact on municipalities, counties or small businesses. Copies of these proposed 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.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 1683 §8704 sub-§4 and §8706 sub-§2A and 2B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://mhdo.maine.gov/imhdo/


AGENCY: 90-590 - Maine Health Data Organization
PROPOSED RULE NUMBER: 2010-P132
CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 1, 2010, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: July 12, 2010
BRIEF SUMMARY: This proposed rule change will allow the MHDO to collect a standardized accounting template from the parent entities of Maine’s hospitals. It also adds lines to the template to collect advertising costs, salaries and benefits costs, and the individual transfer of funds to affiliated entities. The proposed rule changes respond to and address the recommendations of the Working Group to Provide Transparency Concerning Operating Expenses for Hospitals established pursuant to 2009 Resolves, c. 66. This rule will not have a fiscal impact on municipalities, counties or small businesses. Copies of these proposed 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.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 1683 §8704 sub-§4 and §8709
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://mhdo.maine.gov/imhdo/


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 102, Electronic Funds Transfer
PROPOSED RULE NUMBER: 2010-P133
CONCISE SUMMARY: Rule 102 provides comprehensive definitions and explanations of statutory terms and procedures for making electronic payments. Particularly, the proposed amendments reduce the electronic payment threshold from $25,000 to $18,000 effective January 1, 2011 and add a schedule of further reductions implemented through 2015. In addition, the proposed Rule makes other minor editing changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §193
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: July 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: 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 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2010-P134
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. III Section 85, Physical Therapy Services. These changes seek to correct a unit error in a previous adopted rule, specifically:
* Code 97001, Physical Therapy Evaluation, was tied to a 15 minute unit, but should instead be billed per evaluation
* Code 97002, Physical Therapy Re-evaluation, was tied to a 15 minute unit, but should instead be billed per re-evaluation
* 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: June 28, 2010, 10:00 a.m., Conference Room 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 21, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight on July 8, 2010.
AGENCY CONTACT PERSON: Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.02, Ice Fishing Regulations
PROPOSED RULE NUMBER: 2010-P135
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation changes:
West Richardson Pond, Adamstown Twp., Gull Pond, Rangeley, Round Pond, Rangeley, Loon Lake, Rangeley and Dallas Plt., and Saddleback Lake, Dallas Plt. -- Open to ice fishing from January 1 through March 31 sunrise to sunset; daily bag limit on trout: 2 fish; daily bag limit on salmon: 1 fish, 2 line restriction; artificial lures and worms only.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: June 30, 2010, Rangeley Region Guides and Sportsman’s Assn Clubhouse, Old Skiway Lane, Oquossoc, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: July 12, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 12-152 - Department of Labor (DOL), Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE OF RULE:
Ch. 5, Brain Injured Extended Support, and
Ch. 6, Basic Extended Support Rules
ADOPTED RULE NUMBER: 2010-215 and 216
CONCISE SUMMARY:
Ch. 5: Changes; the name from Head Injury to Brain Injury Extended Support Program, updating language to person first, appeals process made consistent with Ch. 1, DVR Rules and reference to Head Injury Board removed as this entity does not exist.
Ch. 6: Changes; updating language to person first, appeals process made consistent with Ch. 1, DVR Rules, inclusion of case management service description and increasing annual services funding cap from $2000 to $3000.
EFFECTIVE DATE: June 6, 2010
AGENCY CONTACT PERSON: Elizabeth Hopkins, Division of Vocational Rehabilitation, 45 Commerce Street, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-4750. Fax: (207) 287-5292. E-mail: Elizabeth.Hopkins@maine.gov
URL: http://www.maine.gov/rehab/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
ADOPTED RULE NUMBER: 2010-217 (Final adoption, major substantive)
CONCISE SUMMARY: This rule change adds three new healthcare associated infection (HAI) quality metrics for public reporting by hospitals on issues associated with patients identified as “high risk” for MRSA (Methicillin-resistant Staphylococcus Aureus).
In accordance with the provisions of 22 MRSAA, §8708-A, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council
Copies of this rule can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/recentlyadoptedrules.aspx or, to receive a paper copy call (207) 287-6722.
This rule will not have a fiscal impact on municipalities, counties, or small businesses.
EFFECTIVE DATE: July 2, 2010
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov
URL: http://mhdo.maine.gov/imhdo/


AGENCY: 01-001 - Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER: 2010-218
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.
EFFECTIVE DATE: June 7, 2010
AGENCY CONTACT PERSON: Hal Prince, Director,Agriculture, Food & Rural Resources, 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