July 13, 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: 10-144 - Department of Health & Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 700, Rules Relating to the Maine Maternal, Fetal and Infant Mortality Review Panel
PROPOSED RULE NUMBER: 2011-P76
CONTACT PERSON FOR THIS FILING: Ellie Mulcahy , DHHS, 11 State House Station, Key Bank Plaza 7th Fl., Augusta, ME 04333-0011. Telephone: (207) 287-4623; 1 (800) 698-3624. Fax: (207) 287-4743. TTY: 1 (800) 606-0215. E-mail: Eleanor.A.Mulcahy@Maine.gov .
PUBLIC HEARING: None Scheduled. One may be held if requested in writing by 5 or more people to Ellie Mulcahy, Division of Family Health, MaineCDC, 11 State House Station, Augusta, ME 04333-0011.
COMMENT DEADLINE: August 12, 2011
BRIEF SUMMARY: These rules establish the responsibilities of the Maine Maternal, Fetal and Infant Mortality Review Panel in regard to collection of data, updated case definition to include fetal death after 28 weeks gestation, panel membership, conduct of family reviews, confidentiality, and the nature of contact between the Maine Maternal, Fetal and Infant Mortality Review Panel with families and access to medical records and the conduct of reviews of maternal, fetal and infant deaths. This rule change will have no adverse impact on municipalities, counties, healthcare providers, hospitals or small businesses.
DETAILED BASIS STATEMENT / SUMMARY: These rules update the responsibilities of the Maine Maternal, Fetal and Infant Mortality Review Panel as enacted by Public Law 2005, c 467 and codified at 22 MRSA §261. The Panel shall review maternal, fetal and infant deaths and prepare a report to identify factors contributing to maternal and infant deaths in Maine, determine the strengths and weakness of the current maternal and health care delivery system and make recommendations to the Department of Health and Human Services to decrease the rate of maternal, fetal and infant death.
IMPACT ON MUNICIPALITIES OR COUNTIES: No financial impact on municipalities
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §261
MAINE CDC RULE-MAKING LIAISON: Chris.Zukas-Lessard@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/boh/index.shtml .


AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 110, Property Assessed Clean Energy Program
PROPOSED RULE NUMBER: 2011-P77
CONTACT PERSON FOR THIS FILING: Dana Fischer, Efficiency Maine Trust, 151 Capitol Street Suite 1, Augusta, ME 04330, (207) 650-8774. E-mail: Dana.Fischer@EfficiencyMaine.com .
PUBLIC HEARING: 9:00 a.m., August 1st, 2011, Room 211, Cross Office Building, Augusta, Maine
COMMENT DEADLINE: August 12, 2010
BRIEF SUMMARY: The PACE Act provides a mechanism for Maine energy consumers to finance energy savings improvements to their homes and businesses. For purposes of improving lending under the PACE Act, this rule modifies underwriting requirements, clarifies procedures for disbursement of funds, and the role of legislative bodies in plantations, townships and counties in making PACE loan programs available to residents.
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, defined as including counties, plantations and townships 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.efficiencymaine.com/ .
AGENCY RULE-MAKING LIAISON: Lucia.Nixon@EfficiencyMaine.com .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
RULE TITLE OR SUBJECT: Deer Hunting – Expanded Archery Season (parts of Ch. 4 and 5)
PROPOSED RULE NUMBER: 2011-P78, P79
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to open Marsh Island in the Towns of Orono and Old Town to the taking of deer during any open deer hunting season that allows hunting with bow and arrow, including the expanded archery season; this proposal makes changes to the existing expanded archery deer hunting areas; specifically, the Bangor, Hampden, Hermon, Old Town, Orono and Veazie area. A detailed copy of the rule may be obtained from the Agency Contact Person below.
STATUTORY AUTHORITY: 12 MRSA §§ 11401, 11402 and 12701
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: August 12, 2011
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .
IF&W RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov .

ADOPTIONS

Pursuant to Chapter 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules are posted on the internet at http://www.maine.gov/sos/cec/rules .


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 506, The Change of Address Confirmation Card, Voter Registration Acknowledgement Notice, and Address Verification Notice
ADOPTED RULE NUMBER: 2011-214
CONCISE SUMMARY: The statutory authority for this rule was repealed by Ch. 301 of the Public Laws of 2001, effective September21, 2001. Although the rules have not been enforced since that time, the rules have not been officially repealed.
EFFECTIVE DATE: July 6, 2011
AGENCY CONTACT PERSON: Melissa K. Packard, Director of Elections. Department of the Secretary of State (Corporations, Elections and Commissions), 101 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/elec/ .
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Consumer Products (Section 5)
ADOPTED RULE NUMBER: 2011-215
CONCISE SUMMARY: The finally adopted portion of Ch. 882 (Section 5) imposes a sales prohibition on reusable food and beverage containers that contain intentionally-added bisphenol A beginning January 1, 2012.
EFFECTIVE DATE: August 1, 2011
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5902. E-mail: Andrea.Lani@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2011-216 (EMERGENCY)
CONCISE SUMMARY: The Emergency Adopted rule creates a new Section of the MaineCare Benefits Manual that will be known as Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These services are provided to children under a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Services in Ch. II include Home Support, Home Accessibility Adaptations, Transportation, Consultation, Communication Aids and Respite Care. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This change is not expected to have an adverse effect on the administrative burdens of small businesses. This emergency rule is a companion to an emergency major substantive rule that establishes rates for services in MaineCare Benefits Manual Ch. III, Section 32.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 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/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32 (major substantive), Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2011-217 (EMERGENCY major substantive)
CONCISE SUMMARY: The emergency adopted rule creates a new Section of the MaineCare Benefits Manual that will be known as Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders. These services are provided to members through a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Ch. III establishes billing procedure codes based on HIPAA compliant CPT coding. Services will be provided to children with Intellectual Disabilities or Pervasive Developmental Disorders to support them to live in the community rather than in institutional settings. This change is not expected to have an adverse effect on the administrative burdens of small businesses. This emergency rule is a companion to an emergency rule that establishes the rules for delivering these services in Maine Care Benefits Manual, Ch. II Section 32. Section III also will be provisionally adopted pending approval by the Legislature.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 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/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2011-218 (EMERGENCY major substantive)
CONCISE SUMMARY: Effective July 1, 2011, the Department will reimburse acute care, non-critical access hospitals for inpatient services using a Diagnostic Related Group (DRG) billing methodology similar to that used by Medicare. The DRG methodology includes a statewide direct care rate, as well as hospital specific estimated capital and medical education rates. The latter two components of the per-discharge payment will be cost settled. This DRG system precludes payment for certain hospital acquired conditions. Statewide rates were calculated without using data from rehabilitation hospitals. In order to assure cost neutrality of the conversion, rates for psychiatric distinct units are being lowered. Settlement methodology for years paid prior to implementation of DRG payment methodology was clarified to ensure consideration of all claims based payments. Additionally, the supplemental pools for both critical and non-critical access hospitals are being adjusted to reflect the conversion of one hospital to critical access status. The distribution methodology for the supplemental pool for non-critical access hospitals will be changed to reflect the elimination of hospital specific discharge rates as part of the conversion to DRG methodology. The Department is seeking CMS approval of the state plan for this change.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Derrick Grant, Health Planner. Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/