February 9, 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: 12-170 – Department of Labor (DOL), Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2010-P331 (comment deadline extended)
CONCISE SUMMARY: The purpose of this chapter is to repeal Ch. 17 which was made obsolete with the passage of extensive changes to the underlying law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: May 10, 2011
AGENCY CONTACT PERSON: Mike Roland, Deputy Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7932. E-mail: Mike.Roland@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/
DOL RULE-MAKING COORDINATOR: Adam.C.Fisher@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 110, Requests for Advisory Rulings
PROPOSED RULE NUMBER: 2010-P334 (comment deadline extended)
CONTACT PERSON FOR THIS FILING: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. E-mail: John.W.Sagaser@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled at this time.
COMMENT DEADLINE: January 28, 2011. Extended to May 16, 2011.
BRIEF SUMMARY: Rule 110 explains the procedures for requesting an Advisory Ruling from Maine Revenue Services. MRS is adopting this Rule as required by 5 MRSA §9001.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal.
STATUTORY AUTHORITY FOR THIS RULE: Title 5 MRSA §9001; Title 36 MRSA §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 693, Operator Training for Oil and Hazardous Substance Storage Facilities
PROPOSED RULE NUMBER: 2010-P339 (comment deadline extended)
CONTACT PERSON FOR THIS FILING: Jeff Madore, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207)287-7848. Fax: (207) 287-7826. E-mail: Jeff.G.Madore@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: None scheduled. Reposted for public comment only.
COMMENT DEADLINE: 5:00 p.m., May 11, 2011. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: This rule establishes training requirements for operators of underground oil storage facilities regulated under 38 MRSA §§ 561 through 570-L and underground hazardous substance storage facilities regulated under Rules For Underground Hazardous Substance Storage Facilities, 06-096 CMR Ch. 695. The training requirements specified in the proposed rule are modeled after guidelines provided by USEPA (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes three operator classes (A, B, and C) and sets out the specific training requirements for each class of operators. The rule also requires the department to develop and administer operator training and testing requirements.
The Board held a public hearing on the draft rule in Augusta on October 7, 2010. The comment deadline was October 18, 2010 at 5:00 p.m. Comments received at the public hearing and during the comment period focused primarily on:
* Extending the timeline for recertification from the proposed one year to a multi year time period.
* Allowing for the use of company/facility or third party training programs to substitute for the department’s TankSmart training program.
* Extending the effective date of the rule from January 1, 2011 to a later date.
* Adding a retraining/recertification requirement should the department consider extending the timeline for recertification beyond one year.
The department considered these comments and amended the draft rule to address a number of comments. Due to the extent and substantial nature of the proposed changes, the department reposted an amended draft rule to public comment for an additional 30 day comment period until January 28, 2011.
On January 10, 2011 Governor LePage issued Executive Order 09 FY 11/12, An Order to Improve Review of the Rulemaking Process. Paragraph 2 of the Executive Order states:
With respect to those proposed agency rules which already have been published for public review and comment, but which have not yet taken effect pursuant to 5 M.R.S. 8056, the agency proposing the rule shall extend the period from receipt of public comment on the proposed rule, if an extension of the public comment period can be made pursuant to 5 M.R.S. 8052(7), for at least 90 days, and shall submit the proposed rule to the Governors Office for review.
The public comment period for proposed Ch. 693 is being extended in accordance with Executive Order 09 FY 11/12 for an additional 90 days. The new comment deadline is Wednesday, May 11, 2011 at 5 p.m.
IMPACT ON MUNICIPALITIES OR COUNTIES: There is a minor impact on the regulated community in terms of the time necessary for operators to take the required training, if necessary, and meet the testing requirements.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-B), 38 MRSA §564(2A)(L). 38 MRSA §1364(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Law - Federal Energy Policy Act of 2005; State Law - P. L. 2009, Ch. 319, An Act to Continue Coverage of Oil Cleanup Costs and Improve Administration of the Ground Water Oil Clean-up Fund.
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@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 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
PROPOSED RULE NUMBER: 2011-P3
CONCISE SUMMARY: The proposed rule provides a corrected rate for Specialized Services in Section 28, Rehabilitation and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The corrected rates are for services provided 1:1 (H2021 HK), groups with two patients served (H2021 HQ HK UN), groups with three patients served (H2021 HQ HK UP) and groups with four patients served (H2021 HQ HK UQ). There was an error in calculating the rates that are in place for Specialized Services, this proposed rule will correct that error. The Department intends to adopt this retroactively to September 1, 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: 22 MRSA §§ 42, 3173, 42(8)(B)
PUBLIC HEARING: March 1, 2011, 1:00 p.m., Conference Room #1a & 1b, Department of Health and Human Services, 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 February 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 11, 2011
AGENCY CONTACT PERSON: Amy MacMillan, Comprehensive Health Planner II, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
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. II Section 45, Hospital Services, Reporting Requirements
PROPOSED RULE NUMBER: 2011-P4
CONCISE SUMMARY: The Department proposes to limit the quarterly reporting of outpatient claims for single source drugs and the top 20 physician-administered multiple source drugs as listed on a CMS website to the following hospitals: Acute Care Critical Access Hospitals, Private Psychiatric Hospitals and Hospitals Reclassified to a Wage Area Outside Maine by the Medicare Geographic Classification Review Board Prior to October 1, 2008.
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.
DATE AND PLACE OF PUBLIC HEARING: March 3, 2011 at 1 p.m., Conference Room 1B, 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 February 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 14, 2011
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner, Office of 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: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
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 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded.
PROPOSED RULE NUMBER: 2011-P5
CONCISE SUMMARY: This rule is reproposed to reschedule a public hearing cancelled due to the closure of all State offices on December 27, 2010 and to allow time for public comment on the proposed rule. This proposed rule does away with costs for Community Support Services (formerly called Day Habilitation Services) as part of the cost basis of the per diem rate for Intermediate Care Facilities for persons with mental retardation. Instead, the rule refers providers to the reimbursement methods and rate for Community Support Services set forth in MaineCare Benefits Manual (MBM), Ch. II and III, Section 21. The amendment is made necessary by the repeal of MBM, Section 24, Day Habilitation Services. The amendment will also allow the billing code for this service to conform to federally required codes and the implementation of the Department’s new claims processing system. Since this rule is a Major Substantive rule, it will not be finally adopted until approved by the Legislature. This change was adopted on an emergency basis effective April 1, 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: 22 MRSA (( 42, 3173; 34-B MRSA §5432(3)
PUBLIC HEARING: March 3, 2011 at 8 a.m., Conference Room 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before February 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, March 14, 2011.
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner, Office of 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: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
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 85, Physical Therapy Services
PROPOSED RULE NUMBER: 2011-P6
CONCISE SUMMARY: The Department of Health and Human Services is proposing this rule to correct some units of service in the Ch. III of this Section, to be compliant with units mandated by the Centers of Medicare and Medicaid Services (CMS). Consequently, the Department is proposing rate adjustments, based on utilization, that remain cost neutral with the new units of service.
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(l), 3173
PUBLIC HEARING: Monday, February 28, 2011, @ 9:30 a.m., Conference Room 1A & 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the public hearing please contact the agency person listed below before February 21, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, March 10, 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 .
WEBSITE: http://www.maine.gov/dhhs/oms/
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 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2011-P7
CONCISE SUMMARY: The Department is proposing to add a code modifier “HA” to Children’s Assertive Community Treatment Services (ACT) to distinguish this treatment, for billing purposes, from Adult ACT found in Section 17, Community Support Services. The Department proposes to adopt the corrected rate retroactively to July 1, 2010. Additionally, collateral contact rates were reduced in error by 10% effective July 1, 2010 and instead should have been reduced by 2%. The Department proposes to adopt the corrected rates retroactively to July 1, 2010. Lastly, group ratio procedure codes are being added to Children’s Behavioral Health Day Treatment to allow for more accurate reimbursement. These new codes do not change the reimbursement rates for these services. The Department proposes to adopt this change retroactively to September 1, 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: 22 MRSA, §§ 42, 3173
PUBLIC HEARING: March 1, 2011, 3:00 p.m., Conference Room # 1A & 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before February 18, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Saturday March 11, 2011.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
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 68, Occupational Therapy Services
PROPOSED RULE NUMBER: 2011-P8
CONCISE SUMMARY: The Department of Health and Human Services is proposing this rule to correct some units of service in the Ch. III of this Section, to be compliant with units mandated by the Centers of Medicare and Medicaid Services (CMS). Additionally, the Department is proposing cost neutral rate adjustments.
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(l), 3173.
PUBLIC HEARING: Monday, February 28, 2011 @ 1:30 p.m., Conference Room 1A & 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the public hearing please contact the agency person listed below before February 21, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, March 10, 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 .
WEBSITE: http://www.maine.gov/dhhs/oms/
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 30, Allowances for Family Planning Agency Services
PROPOSED RULE NUMBER: 2011-P9
CONCISE SUMMARY: MaineCare Services is filing this proposed rule to correct coding and reimbursement rates for Allowances for Family Planning Services and to provide billing instructions for the Department’s new MMIS system (MIHMS).
Additionally, a “FP” billing modifier will now be required for all services performed exclusively to prevent or delay pregnancy or otherwise control family size. This modifier assures the State can properly track expenditures eligible for 90% Federal matching funds.
MaineCare rates of reimbursement in Ch. III of this rule will align with the reimbursement rates paid to other providers who perform these services, including Section 90, Physicians Services. The rule provides some codes that apply retroactively. The reimbursement rates are current on the effective date of the rule. Subsequent to the effective date, the rates in effect and other information will be posted and available at: www.maine.gov/dhhs/audit/rate-setting/index.shtml.
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: Monday, February 28, 2011, 11:30 a.m., Conference Room #1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the public hearing please contact the agency person listed below before February 21, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Thursday, March 10, 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 .
WEBSITE: http://www.maine.gov/dhhs/oms/
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. II & III Section 40, Home Health Services
PROPOSED RULE NUMBER: 2011-P10
CONCISE SUMMARY: The Department proposes these rules to begin the process of permanently adopting emergency rules that were effective September 1, 2010 and October 18, 2010, and to make additional changes to Ch. II and III Section 40, Home Health Services. These changes require major substantive rules and they will not be permanently adopted until they have been approved by the Legislature. The Department proposes to provisionally adopt amendments in Ch. II to clarify the service authorization procedures for approval of care plans, changing the process from a “prior authorization” process to an “authorization process”. “Authorized agent” and “unit of service” are redefined. The time frame for obtaining authorization is clarified and the language “Classification Period” is corrected to “eligibility period” consistent with authorization procedural language. The process is amended to be applicable to all members receiving services under Section 40, except for members receiving psychotropic medication services under 40.02-5B. The amendment also clarifies that documentation of rehabilitation potential for certain services applies to all members receiving those services. The amendment adds a definition for “non routine medical supplies”, directs providers how to access the list of non routine medical supplies which can be reimbursed under Section 40 and creates a process for adding to this list. The Department adds requirements related to a face-to-face encounter between the Member and the physician or designated provider who is certifying the medical necessity for Home Health Services. Finally in Ch. III the Department adopts new HIPAA- compliant codes and the units of service associated with them. These codes are necessary in order to meet Center for Medicaid Services (CMS) requirements for a certified health claims system.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
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: March 3, 2011 at 11:00 a.m., Conference Room # 1A and B, 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 below before February 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 14, 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 .


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife (IF&W)
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting: 4.08, Order of Launch - 2011
PROPOSED RULE NUMBER: 2011-P11
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for commercial whitewater rafting establishing the order of launch for 2011.
A copy of the proposal may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: March 11,2011
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 043330-0041. Telephone: (207) 287-5201. e-mail: E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 140, Utility Service Area and Infrastructure Maps
PROPOSED RULE NUMBER: 2011-P12
CONTACT PERSON FOR THIS FILING: Jordan McColman, Staff Attorney, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1365. E-mail: Jordan.D.McColman@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: March 1, 2011, 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until March 15, 2011. Written comments should refer to the docket number of this proceeding, Docket No. 2010-412 and be sent to the Administrative Director, Public Utilities Commission, mailing address – 18 State House Station, Augusta, Maine 04333-0018; delivery address – 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: This rule requires certain public utilities to develop, maintain, and file with the Commission maps of their service area and key infrastructure. This rule further establishes standards for the content and format of those maps. The Commission proposes amendments to Chapter 140 of the Commission rules.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 112, 301, 307, 1311-A, 1311-B, 2102-2105 and 2110
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2011-P13
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: March 3, 2011, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333.
COMMENT DEADLINE: March 14, 2011
BRIEF SUMMARY: After receiving comments related to the initial rule modification to reduce the filing period from 90 days to 30 days for hospital inpatient discharge and hospital outpatient service records following the calendar quarter in which the discharge or service occurred, the MHDO is now proposing to reduce the filing period to 60 days and is seeking additional public comments. This proposed rule change also removes the option of filing the data files in diskette, CD-ROM or DVD media. 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 §8708
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Inteqrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Approved Rule #170A: Annual Adjustments to the Standard Utility Allowances, Annual Cost of Living Adjustments, and Extension of the Able-Bodied Adults Without Dependents (ABAWD) Work Participation Waiver
ADOPTED RULE NUMBER: 2011-29
CONCISE SUMMARY: This final rule will continue the increased monthly benefits for non-heat and telephone only utilities allowances that became effective through emergency rule-making on October 1, 2010. Food Supplement recipients who meet the criteria as Able-Bodied Adults Without Dependents (ABAWDS) will continue to be exempted from participation time limits, through September 30, 2011. This rule is not expected to have any adverse economic impact on small business or municipalities.
EFFECTIVE DATE: January 1, 2011
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/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 94-082 - Maine State Library
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Regarding Responsibilities of Public Libraries
ADOPTED RULE NUMBER: 2011-30
CONCISE SUMMARY: Public libraries in Maine shall submit the Public Libraries Survey (a.k.a., the Public Library Annual Report) to the Maine State Library by April 1 each year and must maintain an active subscription to either MELIBS-L or MEINFO-L. Failure to comply with this rule may result in the revocation of state-wide library services provided by the Maine State Library, including but not limited to internet access via the Maine School and Library Network (MSLN).
EFFECTIVE DATE: February 2, 2011
AGENCY CONTACT PERSON: Linda H. Lord, Maine Library Commission, 64 State House Station, Augusta, ME 04333. Telephone: (207) 287-5620. E-mail: Linda.Lord@Maine.gov .
WEBSITE: http://www.maine.gov/msl/ .


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02 B.5., Crow Hunting
ADOPTED RULE NUMBER: 2011-31
CONCISE SUMMARY: The Commissioner of Inland Fisheries & Wildlife has adopted a rule amending the dates for the annual crow hunting season as follows:
2011 Season Dates:
Wildlife Management Districts 1-6: Feb. 7 - Apr. 15, Aug. 1 -Sept. 24.
Wildlife Management Districts 7-29: Jan. 22 - Mar. 31, Aug. 1 - Sept. 24. No daily bag or possession limit.
2012 Season Dates:
Wildlife Management Districts 1-6: Feb. 6 - Apr. 15, Aug. 1 - Sept. 22
Wildlife Management Districts 7-29: Jan. 21 - Mar. 31, Aug. 1 - Sept. 22. No daily bag or possession limit.
EFFECTIVE DATE: February 6, 2011
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/