June 1, 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 #07-11
PROPOSED RULE NUMBER: 2011-P48
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: June 17, 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: June 17, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. E-mail: Tim.Drake@Maine.gov .
TELEPHONE: (207) 287-7521
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml


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 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2011-P49
CONCISE SUMMARY: The proposed rule amends language to indicate that a provider may bill for up to a 72 day supply of incontinence supplies.
The websites listed in this rule have been updated. In addition, several prior authorization criteria have been removed and providers are now directed to visit the MIHMS provider portal for information regarding prior authorizations and to locate criteria utilized by the Department. The reimbursement methodology has been revised for miscellaneous Medical Supplies and Durable Medical Equipment.
A new requirement has been added to indicate that a face-to-face encounter is required during the 6 months preceding the physician’s written order for durable medical equipment. This is a mandatory provision of the Patient Protection and Affordable Care Act, PL 111-148 §6407.
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 20, 2011, 10:00 a.m., Conference Room # 1A & 1B, Department of Health and Human Services, Office of 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 below before June 17, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 30, 2011.
AGENCY CONTACT PERSON: Amy MacMillan, Comprehensive Health Planner II, 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

ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-11
ADOPTED RULE NUMBER: 2011-158
CONCISE SUMMARY: Minimum June 2011 Class I price is $23.57/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $27.12/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: May 29, 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


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons: Special Deer Hunting Districts (Antlerless Deer Hunting Restrictions (Permits))
ADOPTED RULE NUMBER: 2011-159
CONCISE SUMMARY: In accordance with Title 12 MRSA §11152 sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2011 regular and special muzzle-loading deer hunting seasons by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 0 permits
WMD 13 - 170 permits
WMD 14 - 0 permits
WMD 15 - 2,880 permits		 WMD 16 - 2,575 permits
WMD 17 - 840 permits
WMD 18 - 0 permits
WMD 19 - 0 permits
WMD 20 - 3,600 permits
WMD 21 - 5,670 permits
WMD 22 - 2,280 permits
WMD 23 - 3,320 permits
WMD 24 - 2,050 permits
WMD 25 - 2,000 permits
WMD 26 - 405 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 -600 permits
TOTAL - 26,390
Remaining in effect is the provision that during the regular archery season, it shall be unlawful to take or hunt antlerless deer in a Wildlife Management District that does not have any-deer permits allocated to that district. A separate proposal advertised on May 18, 2011 would remove the restriction for youth hunters, in Wildlife Management Districts where no antlerless permits are issued, on youth deer hunting day.
EFFECTIVE DATE: May 31, 2011
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/