April 10, 2013

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: 90-564 - Fund Insurance Review Board
CHAPTER NUMBER AND TITLE: Ch. 3, Appeals Procedure (amended)
PROPOSED RULE NUMBER: 2013-P043
BRIEF SUMMARY: The amendment makes changes to the rule to conform to P.L. 2011, Ch. 243 §3, reducing the number of members of the Appeals Panel, and to provide clarification and additional guidance to the appeals process.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §568-B(2)(B)
CHAPTER NUMBER AND TITLE: Ch. 5, Documentation Requirements for Applications to the State Fire Marshal for Coverage by the Ground Water Oil Clean-up Fund at Above Ground Oil Storage Facilities
PROPOSED RULE NUMBER: 2013-P044 (Amended)
BRIEF SUMMARY: The amendment clarifies documentation to be submitted to the State Fire Marshal and information upon which the State Fire Marshal may rely in connection with an application by an owner/operator of an above ground oil storage facility for coverage by the Ground Water Oil Clean-up Fund.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §568-A(1)(H)
CHAPTER NUMBER AND TITLE: Ch. 6, Assessment of Inability to Pay Deductible for a Personal Residence under the Ground Water Oil Clean-up Fund
PROPOSED RULE NUMBER: 2013-P045 (Repeal)
BRIEF SUMMARY: The rule is being repealed since the Department of Environmental Protection was authorized to and did adopt a rule (Ch. 686) which established the applicable standards.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: May 10, 2013
CONTACT PERSON FOR THESE FILINGS: Katryn Gabrielson, c/o Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com. Website: www.famemaine.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): Michelle MacKenzie, c/o Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332. Telephone: (207) 620-3541. E-mail: mmackenzie@famemaine.com . Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The changes will not impose any costs on municipalities or counties.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 20, Home and Community Based Services for Adults with Other Related Conditions
PROPOSED RULE NUMBER: 2013-P046
CONCISE SUMMARY: The Department is creating a new Section of the MaineCare Benefits Manual outlining the covered services, program requirements, and reimbursement rates for a home- and community-based program for adults with “Related Conditions.” A “Related Condition” (defined in full at 42 C.F.R. §435.1010) is a condition that causes impairment of general intellectual functioning or adaptive behavior similar to the impairment characteristic of an intellectual disability. This new MaineCare program, provided to eligible members through a Home and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services, will provide supports necessary to assist individuals with a Related Condition to live in the community rather than in institutional settings. Ch. II of Section 20 (titled “Home and Community Based Services for Adults with Other Related Conditions Services”) will detail the program requirements and services offered under the waiver. Those services include Assistive Technology, Care Coordination, Communication Aids, Community Support, Consultation and Assessment, Employment Specialist Services, Home Accessibility Adaptations, Home Support, Non-Medical Transportation Services, Non-Traditional Communication Assessment, Non-Traditional Communication Consultation, Occupational Therapy (Maintenance) Service, Personal Care, Physical Therapy (Maintenance) Service, Specialized Medical Equipment, Speech Therapy (Maintenance) Service, and Work Support. Ch. III of Section 20 (titled “Allowances for Home and Community Based Services for Adults with Other Related Conditions“) establishes billing procedure codes (based on HIPAA compliant CPT coding) and reimbursement rates for the waiver services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: May 1, 2013, 1:00 p.m., Department of Health and Human Services, 242 State Street, State House Station #11, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before Monday, April 22, 2013.
COMMENT DEADLINE: Comments must be received by midnight, Saturday May 11, 2013.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


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 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2013-P047
CONCISE SUMMARY: This proposed rule seeks to permanently adopt a 5% reduction to reimbursement rates for Licensed Clinical Professional Counselors (LCPC) and Licensed Marriage and Family Therapists (LMFT), as directed by the Maine State Legislature in P.L. 2013, Ch. 1, §A-23 (An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013). This change in rates requires a State Plan Amendment to be approved by the Centers for Medicare and Medicaid Services (CMS); the Department will request approval of a State Plan Amendment retroactive to March 5, 2013.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: April 29, 2013, 1:00 p.m., 19 Union Street, Room 104, Augusta, Maine 04330.The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before April 22, 2013.
DEADLINE FOR COMMENTS: Comments must be received by midnight May 9, 2013.
AGENCY CONTACT PERSON: Ann O'Brien, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 043330011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ann.OBrien@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2013, Ch. 1, §A-23; 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #268P: Part 13, Home and Community Based Waiver - Home and Community Based Waiver Benefit for Adults with Other Related Conditions Aged 21 and Over
PROPOSED RULE NUMBER: 2013-P048
CONCISE SUMMARY: A new MaineCare program will provide an alternative to institutional care for adults aged twenty-one (21) and over with “Related Conditions”. “Related Conditions” (defined in full at 42 C.F.R. §435.1010) include cerebral palsy, epilepsy, and other conditions that cause impairment of general intellectual functioning or adaptive behavior similar to the impairment characteristic of an intellectual disability. This rule sets forth the eligibility criteria for this waiver program. The Centers for Medicare and Medicaid Services approved this waiver with an effective date of May 1, 2013.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: May 10, 2013
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4106, TTY: Maine Relay 711.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, and §3174
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer Intervention Program Certification
ADOPTED RULE NUMBER: 2013-074 (Emergency)
CONCISE SUMMARY: The Department is repealing and replacing the existing standards for the certification of batterer intervention programs in order to improve their operations and to permit the certification of female batterer intervention programs.
The revisions reflect the results of the 2009-2011 biannual reviews and of a recent court case resulting from the failure of the standards to permit the certification of batterer intervention programs for females. The changes consists of the inclusion of abuse between dating partners and exclusion of abuse upon children; changing language to make the standards gender neutral; a provision that if a BIP is under the umbrella of a family violence project, monitoring by the FVP may be no less than quarterly; a provision allowing co-facilitators to receive training determined to be sufficient by the Department as an alternative to nationally recognized training; a provision allowing for a waiver by the Department of the requirement of documentation of a working agreement between a BIP and a family violence project for certification; a requirement that staff of a BIP not be on a deferred disposition for any offense; provisions requiring recognition of the role of substance abuse in battering; provisions relating to credit for weeks completed prior to discharge or transfer from a program; and other changes to make language consistent.
DETAILED BASIS STATEMENT / SUMMARY: The Department is repealing and replacing the existing standards for the certification of batterer intervention programs in order to improve their operations and to permit the certification of female batterer intervention programs.
The revisions reflect the results of the 2009-2011 biannual reviews and of a recent court case resulting from the failure of the standards to permit the certification of batterer intervention programs for females. The changes consists of the inclusion of abuse between dating partners and exclusion of abuse upon children; changing language to make the standards gender neutral; a provision that if a BIP is under the umbrella of a family violence project, monitoring by the FVP may be no less than quarterly; a provision allowing co-facilitators to receive training determined to be sufficient by the Department as an alternative to nationally recognized training; a provision allowing for a waiver by the Department of the requirement of documentation of a working agreement between a BIP and a family violence project for certification; a requirement that staff of a BIP not be on a deferred disposition for any offense; provisions requiring recognition of the role of substance abuse in battering; provisions relating to credit for weeks completed prior to discharge or transfer from a program; and other changes to make language consistent.
This rule is being adopted on an emergency basis due to the recent court case, State vs. Mosher, which resulted in a finding that the failure of the standards to permit the certification of Batterer Intervention Programs for females means that sentencing male probationers to a condition of participation in a Batterer’s Intervention Program is unconstitutional. In addition, the Legislature has passed a resolve requiring that the Department change the BIP certification standards on an emergency basis to make them gender neutral.
EFFECTIVE DATE: April 4, 2013
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Kelene Barrows, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .

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: 2013-075 (Emergency)
CONCISE SUMMARY: This emergency rule-making seeks to implement a budget initiative of LD 250, An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013. This rule allows reimbursement for a distinct substance abuse unit discharge rate for acute care non-critical access hospitals who meet the standard. The rate is $4,898 per stay. The Department is seeking CMS approval of the state plan for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 1, 2013
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions
ADOPTED RULE NUMBER: 2013-076
CONCISE SUMMARY: The Public Utilities Commission adopts changes to the line pricing provisions in the recently adopted amendments to Ch. 395.
EFFECTIVE DATE: April 6, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: 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/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 23, Commercial Wildlife Permit for Amphibians or Nonmarine Invertebrates
ADOPTED RULE NUMBER: 2013-077
CONCISE SUMMARY: In accordance with Title 12 MRSA §§ 12159 and 12161, the Department of Inland Fisheries and Wildlife has adopted rules to regulate the commercial harvest of amphibians and nonmarine invertebrates. Persons interested in collecting these species from the wild for the purposes of export, sale or commercial purposes will be required to obtain a permit from the Commissioner.
A detailed copy of the rule is available from the Agency Rule-making Contact Person.
EFFECTIVE DATE: April 7, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 14
ADOPTED RULE NUMBER: 2013-078
CONCISE SUMMARY: The rule amendment adjusts the provisions regarding use of the Maine administration fee to authorize the Authority generally to make matching grants to Maine accounts for certain purposes, and to establish terms and conditions for the receipt and use of matching grants. The rule amendment adjusts certain withdrawal requirements to accommodate the making of withdrawal requests other than in writing. The rule amendment makes minor modifications to the Maine administration fee rebate or waiver provision.
EFFECTIVE DATE: April 7, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .


AGENCY: 29-255 � Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
ADOPTED RULE NUMBER: 2013-079
CONCISE SUMMARY:
Item 1 –
This rule is to correct Schedule G.72 (Licenses and Permits). Currently the description for Schedule G.72 is incorrect as it states that only Public Safety can issue concealed weapon permits and that the permit and related case file are not confidential. At this time, Municipalities are considered an issuing authority to issue concealed weapon permits. The permit alone is to be made available for public inspection and is not considered confidential; the documentation and application (related case file) for the permit are considered confidential.
Item 2 –
This rule is to update language in Schedule P.05 (Vital Records) which states that Title 22 §2706 allows disclosure of date of death, name, age and location by city or town where death occurred. The rest of the death record is confidential. The Access to Vital Records law, which passed in September 2010 (Title 22 §2706), now requires that the requestor of vital events meet requirements for requesting record (proof of direct and legitimate interest). This law is now the way by which municipalities conduct business relating to vital events; this schedule should read as such.
Item 3 –
This rule is to update language in Schedule E.03, under Election Records (Incoming Voting Lists) which states that retention for this Schedule is 2 years per Title 21-A, §23(7). In 2011 the retention period was changed to 5 years; the schedule should read as such.
Item 4 –
This rule is to add State Absentee Envelopes and Applications as an additional series (E.06) as they are now required to be kept for 2 years following any election. These materials were filed with (E.02) Ballots, All Other Elections material which are kept for 22 months. Due to the change in retention, these materials will need to be filed separately.
Item 5 –
This rule is to add Vital Event Request Forms as an additional series (P.12). Due to new requirements in 22 MRSA §2706, the request forms may need to be referred to after a request has been made to validate information presented showing identification along with direct and legitimate interest (if applicable for mail requests).
Item 6 –
This rule is for the removal of the Informational Note language that is reflected in the retention description under E.07.a. This retention schedule changed in 2005. The change in statute should be reflected in the proper section which is the retention description section; this will ensure that the proper retention description is not misread.
EFFECTIVE DATE: April 8, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tammy Marks, Maine State Archives, 230 State Street, 84 State House Station, Augusta, ME 04330. Telephone: (207) 287-5799. E-mail: Tammy.Marks@Maine.gov .
WEBSITE: http://www.maine.gov/sos/arc/ .


AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 20.1, Prisoner Discipline
ADOPTED RULE NUMBER: 2013-080
CONCISE SUMMARY: The Department is repealing and replacing its prisoner discipline policy in order to improve the disciplinary process by expediting the pre-hearing part of the process and by eliminating review of the hearing by the facility head unless the prisoner has appealed, The new policy also allows for monetary sanctions for class "C" and class "D" offenses (they are currently allowed only for class "A" and class "B” offenses). This particular sanction appears to be one of the most effective in deterring prisoner misbehavior. It also clarifies several of the disciplinary offenses,
EFFCTIVE DATE: April 15, 2013
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Kelene Barrows, Department of Corrections, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4360. E-mail: Kelene.Barrows@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .