August 17, 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 and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I Section 2, State Medicaid Health Information Technology.
PROPOSED RULE NUMBER: 2011-P119
CONCISE SUMMARY: The proposed rule implements federal regulations under which MaineCare will manage and administer the Electronic Health Records (EHR) Incentive Program for qualifying Medicaid providers. The Department will pursue initiatives that encourage the adoption of certified EHR technology and promote quality health care outcomes and data sharing. Under the American Recovery and Reinvestment Act significant monetary incentive payments are offered to Eligible Professionals and Eligible Hospitals for implementing EHR that meet certain standards. The proposed rule establishes the program by which qualified providers may apply for and receive significant incentive payments for the adoption, implementation or upgrading EHR technology, or demonstration of meaningful use of EHR. Members should benefit from improved health outcomes, increased patient safety, care coordination, increased efficiency and lower health care costs through the adoption and meaningful use of EHR technology. The proposed rule will create a new section to MaineCare Benefits Manual, Ch. I Section 2, State Medicaid Health Information Technology.
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: September 6, 2011 at 9 a.m. Conference Room 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0011. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 1, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight, September 16, 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/


AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 1, Introduction
PROPOSED RULE NUMBER: 2011-P120
SUMMARY: Changes the rule to include the adoption of the language for the Casino in Oxford.
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
PROPOSED RULE NUMBER: 2011-P121
SUMMARY: Adds language to the rule to reflect the addition of table games.
CHAPTER NUMBER AND TITLE: Ch. 4, Licensee Records
PROPOSED RULE NUMBER: 2011-P122
BRIEF SUMMARY: Adds language to the rule to reflect the addition of table games, includes reporting requirements for table games, and removes the requirement for some reports currently required.
DETAILED BASIS STATEMENT / SUMMARY: This rule change reflects the addition of the casino license as well as reporting of statistics for table games. The rule also changes the reporting requirements for some statistical information that is currently being reported.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption and Forfeited Winnings
PROPOSED RULE NUMBER: 2011-P123
BRIEF SUMMARY: Adds Casino Operator Language
DETAILED BASIS STATEMENT / SUMMARY: This rule makes changes to the language to reflect the additon of a Casino Operator.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
PROPOSED RULE NUMBER: 2011-P124
BRIEF SUMMARY: Change language for the addition of Casino Operator and set percentage and schedule payments for slot machine and table game revenue for casino operators
DETAILED BASIS STATEMENT / SUMMARY: This rule lists the percentage and payment schedules for a casino operator to submit their payments for slot machine and table game revenue.
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machines: Location and Hours of Operations
PROPOSED RULE NUMBER: 2011-P125
Changed language to reflect casino operations, allows the Gambling Control Board to designate authority for approval. Changes hours of operation to no restrictions.
CHAPTER NUMBER AND TITLE: Ch. 9, Uniform Location Agreement; Contract Disclosures
PROPOSED RULE NUMBER: 2011-P126
SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
PROPOSED RULE NUMBER: 2011-P127
SUMMARY: Changed language to reflect casino operations and requires the licensees to provide their own M.E.A.L books.
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines
PROPOSED RULE NUMBER: 2011-P128
SUMMARY: Changed language to reflect casino operations and changes the notification process for movement of slot machines and table games inter and intra state.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
PROPOSED RULE NUMBER: 2011-P129
BRIEF SUMMARY: Changed language to reflect casino operations and removed language related to responsible gaming.
DETAILED BASIS STATEMENT / SUMMARY: Changed language to reflect casino operations and removed language related to responsible gaming. The language regarding responsible gaming was moved to the chapter on Responsible Gaming.
CHAPTER NUMBER AND TITLE: Ch. 15, Alcoholic Beverages and Tobacco Products
PROPOSED RULE NUMBER: 2011-P130
SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 16, Weapons
PROPOSED RULE NUMBER: 2011-P131
BRIEF SUMMARY: Changed language to reflect casino operations and added chemical agents to the restrictions of weapons.
DETAILED BASIS STATEMENT / SUMMARY: Changed language to reflect casino operations and added pepper spray and mace to the list of what is considered "weapons" that are restrictied from the slot or casino facility. Also adds the cite of the new Maine statute regarding law enforcement officers carrying weapons.
CHAPTER NUMBER AND TITLE: Ch. 17, On Premise Office Space
PROPOSED RULE NUMBER: 2011-P132
SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 18, Responsible Gaming Programs
PROPOSED RULE NUMBER: 2011-P133
SUMMARY: Changed language to reflect casino operations and added the responsible gaming language from the rule on advertising.
CHAPTER NUMBER AND TITLE: Ch. 19, Slot Machine Testing and Certification
PROPOSED RULE NUMBER: 2011-P134
SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 21, Prohibition of Credit
PROPOSED RULE NUMBER: 2011-P135
SUMMARY: Changed language to reflect casino operations.
CHAPTER NUMBER AND TITLE: Ch. 22, Patron Disputes
PROPOSED RULE NUMBER: 2011-P136
SUMMARY: Changed language to reflect casino operations.
PUBLIC HEARING: None
COMMENT DEADLINE: September 16, 2011
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 8 MRSA c.31 §1003
CONTACT PERSON / RULE-MAKING LIAISON: Patrick J. Fleming, Gambling Control Board, 45 Commerce Drive, 87 SHS, Augusta, Maine 04333-0087. Telephone: ( 207) 626-3900. Fax: (207) 287-4356. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/
DPS RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Board of Environmental Protection (BEP)
CHAPTER NUMBER AND TITLE: Ch. 900, Biomedical Waste Management Rules
ADOPTED RULE NUMBER: 2011-261
CONCISE SUMMARY: Ch. 900 identifies biomedical waste subject to regulation, requires the registration of biomedical waste generators and establishes packaging, labeling, handling, storage, transportation and treatment requirements. The Board is proposing to amend the rule to no longer require that the sharps portion of the treated biomedical waste stream be shredded prior to being landfilled.
EFFECTIVE DATE: August 13, 2011
AGENCY CONTACT PERSON: Scott Austin, Maine Department of Environmental Protection (DEP), 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7854. E-mail: Scott.Austin@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
BEP/DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPfER NUMBER AND TITLE: Ch. 110, Requests for Advisory Rulings
ADOPTED RULE NUMBER: 2011-262
CONCISE 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.
EFFECTIVE DATE: August 13, 2011
AGENCY CONTACT PERSON: John w. Sagaser, General Counsel, Bureau of Revenue Services, Department of Administrative & Financial Services, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. E-mail: John.W.Sagaser@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Sandra.J.Harper@Maine.gov .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBERS AND TITLES:
Ch. 285, Maine Telecommunications Education Access Fund
Ch. 288, Maine Universal Service Fund
ADOPTED RULE NUMBERS: 2011-263, 264
CONCISE SUMMARY: The purpose of the rulemaking is to amend Ch. 285 and 288 of the Commission's Rules to clarify that all telecommunications carriers, including prepaid wireless carriers, and providers of interconnected voice over internet protocol (VoIP) telephone service, are subject to the same required contributions to the Maine Telecommunications Education Access Fund (MTEAF) and Maine Universal Service Fund (MUSF).
EFFECTIVE DATE: August 15, 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station. Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .