February 2, 2011

As posted in 5 daily Maine newspapers

NOTICE 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 97, Principles of Reimbursement for Private Non-Medical Institution Services, with Appendix D, Child Care Facilities
PROPOSED RULE NUMBER: 2010-P338 (comment deadline extension)
CONCISE SUMMARY: Pursuant to Executive Order No. 09 FY 11/12 (January 10, 2011), the comment deadline for this rulemaking is extended for 90 days. The Department proposed these rules to begin the process of permanently adopting emergency rules that were effective October 1, 2010. The rule specifies a reduction in reimbursement rates for PNMI Child Care Facilities for State Fiscal Year 2011. In order to meet the necessary budget reduction for Fiscal Year 2011 the Department is reducing reimbursement rates for Treatment Foster Care Services by 3.2% (not to be passed to parents) and reduces reimbursement rates to all other Appendix D facilities to achieve an aggregate savings of 3.56% for those services. These rules are major substantive and they will not be permanently adopted until they have been approved by the Legislature.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents. Comments may be submitted online or directly to the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
The PUBLIC HEARING for this rule was held January 10, 2011 at 1:00 p.m.
EXTENDED COMMENT DEADLINE: Comments must be received by midnight April 20, 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 .


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 75, Vision Services
PROPOSED RULE NUMBER: 2010-P342 (comment deadline extended)
CONCISE SUMMARY: Pursuant to Executive Order No. 09 FY 11/12 (January 10, 2011), the comment deadline for this rulemaking is extended for 90 days. The Department is proposing the following changes to the rule: (1) that prosthetics be provided only by ophthalmologist or optometrist, since opticians are not licensed to provide this service; (2) that prior authorization be deleted for tint, photochromatic or ultraviolet lenses, however, the Department is adding medical necessity requirements for these lenses into the rule; (3) that the Department’s authorized agent be utilized for certain services; (4) that there is no one-year warranty for normal wear and tear for articles purchased under the Vision Care Volume Purchase Contract; (5) deleting the provision that allows providers to determine a need for repair/replacement of glasses/lenses; and (6) proposing that the Contractor be responsible for furnishing postage-paid mailers to providers for returning defective items to the Contractor and, if used, the Contractor assumes financial responsibility.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents. Comments may be submitted online or directly to the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: The public hearing for this rule was held at MaineCare Services on January 18, 2011, at 10:30 a.m.
EXTENDED COMMENT DEADLINE: Written comments must be received by midnight on Saturday, April 30, 2011.
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 .


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #03-11
PROPOSED RULE NUMBER: 2011-P2
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.
PUBLIC HEARING: February 18, 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: February 18, 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 .

ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-11
ADOPTED RULE NUMBER: 2011-28 (EMERGENCY)
CONCISE SUMMARY: Minimum February 2011 Class I price is $19.14/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.21/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 30, 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 .