January 5, 2011

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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #02-11
PROPOSED RULE NUMBER: 2010-P343
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: January 21, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 21, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@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 97, Private Non-Medical Institution Services, and Ch. III Section 97, Private Non-Medical Institution Services, including Appendix B, Principles of Reimbursement for Substance Abuse Treatment Services
PROPOSED RULE NUMBER: 2010-P344
CONCISE SUMMARY: The amendments to Ch. III Section 97 change the method of reimbursing PNMI substance abuse treatment facilities from an interim rate/cost-settlement basis to fixed per diem rates depending on the type of service. The new standardized rates are set forth in the regulation, and appropriate, HIPAA compliant billing codes are provided. Ch. II Section 97 is amended to coordinate with changes to Chapter III regarding the method of reimbursement for these services. Minor revisions are made to the names of some services. The changes are necessary to meet budget reduction targets. The Legislature ordered various reductions in expenditures in the MaineCare program to counteract predicted deficits and balance the budget. P.L. 2009 ch. 571. The reduction in reimbursements for PNMI substance abuse treatment facilities was selected by the Legislature after careful consideration, and it will be implemented in a fair and equitable manner. It is anticipated that the proposed changes will result in savings of $264,744 in State fiscal year 2011. These changes were adopted my emergency rule effective November 15, 2010.
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: 5 MRSA 8071, 8072; 22 MRSA 42, 3173
PUBLIC HEARING: January 26, 2011 at 11:00 a.m., Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before January 24, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight January February 5, 2011.
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .

ADOPTIONS


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 7, Minimum Driver Training Requirements for Fire Apparatus
ADOPTED RULE NUMBER: 2010-617 (correction)
CONCISE SUMMARY: The purpose of this chapter is to specify performance objectives and to establish minimum competencies for all fire apparatus drivers in order to reduce accidents, injuries and loss of fire equipment. This announcement modifies the effective date in accordance with 26 MRSA 565.
EFFECTIVE DATE: March 2, 2011
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333. Telephone: (207) 623-7931. E-mail: William.A.Peabody@Maine.gov .
WEBSITE: http://www.maine.gov/labor/


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 3(1), Definition of a FROI (First Report of Injury); Ch. 8(11), (15) & (18), Discontinuance/Reduction/Modification
ADOPTED RULE NUMBER: 2010-639, 640
CONCISE SUMMARY: These proposed amendments:
- Clarify when a lost time first report must be filed;
- Clarify when and how a unilateral reduction of benefits may be taken pursuant to section 205(9)(A);
- Define when and how offsets may be taken pursuant to section 205(9)(B) when an employee returns to work for a different employer
- Prohibit the use of the Consent Between Employee and Employer form to prospectively discontinue or reduce benefits.
EFFECTIVE DATE: December 27, 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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-11
ADOPTED RULE NUMBER: 2010-641 (EMERGENCY)
CONCISE SUMMARY: Minimum January 2011 Class I price is $18.45/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $24.45/cwt. that includes a $0.20/cwt. Federal promotion fee. Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml
EFFECTIVE DATE: January 2, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml