August 11, 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 MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 30, Allowances for Family Planning Agency Services
PROPOSED RULE NUMBER: 2010-P144 (republished)
CONCISE SUMMARY: This rule is being re-proposed solely to schedule another public hearing since the Department wants to assure that all Family Planning Agencies are aware of the proposed rule changes which are significant with Maine Integrated Health Management System (MIHMS) implementation. There are no additional changes to this proposed rule.
Effective January 1, 2010, CMS no longer recognizes American Medical Association (AMA) Current Procedural Terminology (CPT) consultation codes 99241-99245 for inpatient facility and office/outpatient settings previously used in the Section. To align with Medicare standards, the proposed changes will remove these consultation codes and introduce preventative medicine counseling (separate procedure) billing codes appropriate to the services which are being performed.
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: Monday, August 30, 2010, 11:00 a.m., Conference Room 3, Department of Health and Human Services, 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 close of business on Monday, August 23, 2010.
COMMENT DEADLINE: Comments must be received by midnight, Sunday, September 12, 2010.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 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 or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 131, The Maine Federal, State and Local Accountability Standards
PROPOSED RULE NUMBER: 2010-P197
CONTACT PERSONS FOR THIS FILING: Wanda Monthey, (207) 624-6831. E-mail: Wanda.Monthey@Maine.gov . Fax: (207) 624-6821 / Jaci Holmes, (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov . Fax: (207) 624-6601
ADDRESS: Maine Department of Education, 23 State House Station, Augusta, ME, 04333-0023
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: August 30, 2010, Room 500 - Cross State Office Building, Augusta, 10-12 noon
COMMENT DEADLINE: September 10, 2010
BRIEF SUMMARY: Ch. 131: The Maine Federal, State and Local Accountability Standards, a Major Substantive Rule of the Department of Education, is being amended pursuant to PL 2009, Chapter 647. This rulemaking makes amendments to Ch. 131 to accommodate and implement the Common Core State Standards in English language arts and mathematics for kindergarten to grade 12 beginning 2012-13.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §6209 and PL 2009, Ch. 647
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@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 45, Hospital Services
PROPOSED RULE NUMBER: 2010-P198
CONCISE SUMMARY: This proposed rule seeks to adopt a new definition of “discharge” in order to reduce funding to hospitals when a MaineCare patient is subsequently readmitted to the hospital within 72 hours following an inpatient admission for the same diagnosis. Additionally, this rule proposes to make changes, effective November 1, 2010, to allow hospitals reclassified to a wage area outside Maine by the Medicare Geographic Classification Review Board to become eligible for supplemental pool payments under the Acute Care Non-Critical Access Hospitals provision of this rule.
This rule will save $200,000 General Fund dollars per fiscal year. This rulemaking will not yield any new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments. This rulemaking has no adverse impact on small businesses employing twenty or fewer employees.
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: Title 22 MRSA §3173; P.L. 2009, ch. 571, Part A, §A-26
PUBLIC HEARING: August 30, 2010, 3:00 p.m., Conference Room 3, DHHS, 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 August 23, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 10, 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
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer’s Intervention Program Certification
PROPOSED RULE NUMBER: 2010-P199
CONTACT PERSON FOR THIS FILING: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333, Phone: (207) 287-4681. Fax: (207) 287-4370. E-mail: Esther.Riley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: September 15, 2010
SUMMARY: Due to an oversight, the Department of Corrections’ proposal to repeal and replace the existing standards for the certification of batterer intervention programs, originally published in newspapers on October 7, 2009, for which a public hearing was held on October 30, 2009, public comments were accepted through November 13, 2009, and for which the Legislature and the Governor gave approval on March 24, 2010, was not finally adopted by the Department. The Department is proposing to repeal and replace the existing standards for the certification of batterer intervention programs. The proposed revisions to the Batterer Intervention Standards will result in improved operation of the Batterer Intervention Programs. No revisions have been made to the proposal approved by the Legislature and Governor.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 19-A MRSA §4014(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/corrections/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Esther.Riley@Maine.gov


AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 110, Property Assessed Clean Energy Program
PROPOSED RULE NUMBER: 2010-P200
CONTACT PERSON FOR THIS FILING: Dana Fischer, Efficiency Maine Trust, 19 State House Station, Augusta, ME 04333-0019. Telephone: (207) 650-8774. E-mail: Dana.Fischer@EfficiencyMaine.com
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: 9:00 a.m., August 31, 2010, Room 211, Cross Office Building, Augusta, Maine
COMMENT DEADLINE: September 10, 2010
BRIEF SUMMARY: The PACE Act provides a new mechanism for Maine energy consumers to finance energy savings improvements to their homes and businesses. For purposes of implementing the PACE Act, this rule establishes underwriting requirements, consumer disclosure requirements consistent with principles of truth in lending, terms and conditions under which municipalities and property owners may participate in a PACE program, and a quality assurance system for identifying and installing energy savings improvements.
IMPACT ON MUNICIPALITIES OR COUNTIES: A municipal government must adopt an ordinance establishing a PACE program before it or the Efficiency Maine Trust can enter an agreement with a property owner, whose property is located in that municipality, to finance energy savings improvements on the property. Municipalities may administer the PACE program, including entering PACE agreements and collecting assessments, or may contract with the Efficiency Maine Trust for that purpose.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §10154, §10155, §10159
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2009, c.591, LD 1717, An Act To Increase the Affordability of Clean Energy for Homeowners and Businesses, known and cited as "the Property Assessed Clean Energy Act" or "the PACE Act."
WEBSITE: http://www.efficiencymainetrust.org/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Lucia.Nixon@EfficiencyMaine.com

ADOPTIONS


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 3, Form Filing: 3(4), Electronic filing amendments; repeal of 3(4)(4), Proprietary System
ADOPTED RULE NUMBER: 2010-320
CONCISE SUMMARY: This rule amends the electronic First Report of Injury filing requirements by making the return to work type code mandatory (conditional upon actual return to work). It also repeals the proprietary First Report language as no one is using that system any longer.
EFFECTIVE DATE: August 7, 2010
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287 -7086. E-mail: John.Rohde@Maine.gov
WEBSITE: http://www.maine.gov/wcb/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program: Rev. #169E, Expansion of Categorically Eligible Households
ADOPTED RULE NUMBER: 2010-321 (Emergency)
CONCISE SUMMARY: This rule expands categorical eligibility to all households who are authorized to receive the Maine Department of Health and Human Services Resource Guide for Families, a TANF-funded service.
EFFECTIVE DATE: August 3, 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 ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov
WEBSITE: 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 Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Approved Policy #251A � Repeal of the Asset Transfer Penalty for Help with Assistance for Room and Board in Residential Care Settings and Clarification of Pooled Disability Trusts
ADOPTED RULE NUMBER: 2010-322
CONCISE SUMMARY: This Proposed rule repeals the portions of the MaineCare Eligibility Manual which gave the Department the ability to assess a transfer penalty on a MaineCare applicant who transferred assets for less than fair market value prior to applying for assistance with the costs of room and board in a residential care setting. The ability to impose a penalty on an applicant seeking assistance with nursing home level of care remains in effect. This rule is not expected to have an adverse impact on municipalities or on the administrative responsibilities of small businesses.
EFFECTIVE DATE: August 6, 2010
AGENCY CONTACT PERSON: Bethany Hamm, Director Program and 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
WEBSITE: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov