July 3, 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: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-13
PROPOSED RULE NUMBER: 2013-P138 (Emergency)
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 .
PUBLIC HEARING: July 18, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 18, 2013
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
WEBSITE: http://www.maine.gov/dacf/milkcommission/statutes_rules.shtml
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2013-P139
BRIEF SUMMARY: MRS is proposing to amend Rule 601 (“Estate Tax”). The proposed amendment would limit the application of Rule 601 to estates of decedents dying no later than December 31, 2012, based on the recent enactment of PL 2011, c. 380 which limits the applicability of 36 MRSA ch. 575 to estates of decedents who died after June 30, 1986 and before January 1, 2013. The proposed amendment also removes statutory references relating to estates of decedents who die after 2012. A copy of the proposed Rule 601 can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: N/A
COMMENT DEADLINE: August 5, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis M. Doiron, Esq., Director, Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §112 and Ch. 575
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Ch. 575
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
PROPOSED RULE NUMBER: 2013-P140 (New)
BRIEF SUMMARY: MRS is proposing to adopt new Rule 603 (“Maine Estate Tax After 2012”). The new Rule that is being proposed describes the statutory authority for the Maine Estate Tax for estates of decedents after 2012, based on recently enacted PL 2011, c. 380 and 36 MRSA, Ch. 577. Proposed Rule 603 provides comprehensive definitions and explanations of statutory terms and procedures for filing a Maine estate tax return. Specifically, the proposed Rule clarifies requirements for filing returns, requesting extensions, making payments, and requesting the release of an estate tax lien. The proposed Rule provides guidance on the inclusion of gifts, and the sourcing and valuation of property. The requirements for qualified terminable interest property, Maine elective property, and qualified domestic trusts are also explained. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: N/A
COMMENT DEADLINE: August 5, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis M. Doiron, Esq., Director, Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §112 and Ch. 577
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Ch. 577
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 212, Exemption of Competitive Telecommunications Carriers and Dark Fiber Providers from Certain Filing Requirements and Approval Requirements
PROPOSED RULE NUMBER: 2013-P141 (Repeal)
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 212 which sets forth rules exempting Competitive Interexchange Carriers, Competitive Local Exchange Carriers, and Dark Fiber Providers from certain sections of Ch. 5, 9 and 11 of Title 35-A M.R.S. as legislation has codified the exemptions (Public Law 2011 ch. 623).
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: August 9, 2013 - Written comments on the proposal to repeal this rule may be filed using the Commission’s case management system no later than August 9, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00341 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Helen Lukacs, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1385. E-mail: Helen.Lukacs@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §§ 104, 111, 507, 912, 1105
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 230, Installation, Maintenance and Ownership of Customer Premises Wire
PROPOSED RULE NUMBER: 2013-P142 (Repeal)
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 230 relating to the installation, maintenance and ownership of customer premises wire, because the Commission no longer regulates equipment within customer premises.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: August 9, 2013 -- Written comments on the proposal to repeal this rule may be filed using the Commission’s case management system no later than August 9, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00343 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Helen Lukacs, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1385. E-mail: Helen.Lukacs@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §111
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 240, Mobile Telecommunications Services
PROPOSED RULE NUMBER: 2013-P143 (Repeal)
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 240 which sets forth rules governing providers of mobile communications services that also offer fixed installation services, because the Commission no longer regulates such services per recent legislation (Public Law 2011 ch. 623).
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: August 9, 2013 - Written comments on the proposal to repeal this rule may be filed using the Commission’s case management system no later than August 9, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00342 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Helen Lukacs, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1385. E-mail: Helen.Lukacs@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §§ 101, 102, 103, 104, 111, 112, 1301, 2101, 2102, 2105, 2107 and 8901
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13.08, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2013-P144
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Clemons Pond (Big), Hiram Twp, Oxford County – motorboats with more than 6 horsepower prohibited.
PUBLIC HEARING: July 22, 2013 – Hiram Town Office, 25 Allard Circle, Hiram, ME – 6:30 p.m.
COMMENT DEADLINE: August 1, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 09-096 Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 163, Residential Wood Stove Replacement and Rebate Program
PROPOSED RULE NUMBER: 2013-P145 (New)
BRIEF SUMMARY: The Department is proposing a new rule that establishes a wood stove rebate program to remove and replace uncertified, high emitting wood stoves that were manufactured prior to 1988 with approved replacement heating appliances. To receive compensation, the owner of the old, uncertified wood stove must replace the heating unit with a lower emitting home heating device such as an EPA certified woodstove or pellet stove, or vented gas stove.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: No public hearing scheduled - 30 day written comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: August 2, 2013 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carolyn Wheeler, Maine Department of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-8159. Fax: (207) 287-2814. E-mail: Carolyn.Wheeler@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §610-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 401, Administrative Rules for Uniform Commercial Code, Title 11, Article 9-A
ADOPTED RULE NUMBER: 2013-146
CONCISE SUMMARY: The 126th Legislature has passed LD 1384 as an emergency bill, to be effective July 1, 2013, in order to adopt uniform amendments to Article 9-A of Title 11, the Uniform Commercial Code. This rule was amended to conform to the statutory changes, including an update to the reference for the approved filing forms along with a transition period of 30 days during which the previous version of the filing forms will be accepted by the filing office. This amendment also includes changes to the references to the individual debtor name fields and to the name of one of the filing forms to be consistent with changes made to the filing law. This rule amendment also removes outdated definitions of “individual” and “organization” as they relate to debtors on UCC filings and changes the designation of trusts and decedent estates from debtor types to designations of collateral ownership.
DETAILED BASIS STATEMENT / SUMMARY: The Administrative Rules for Uniform Commercial Code, Title 11, Article 9-A, provide guidance and procedures for the filing of liens against personal property and for searching the records of liens filed with the Bureau of Corporations, Elections and Commissions; and detail filing office procedures, such as how records will be reviewed by the filing office, how data from the filings will be entered into the searchable database and when documents will be accepted or refused for filing.
The 126th Legislature has passed LD 1384 as an emergency bill, to be effective July 1, 2013, in order to adopt uniform amendments to Article 9-A of Title 11, the Uniform Commercial Code. This rule was amended to conform to the statutory changes, including an update to the reference for the approved filing forms along with a transition period of 30 days during which the previous version of the filing forms will be accepted by the filing office. This amendment also includes changes to the references to the individual debtor name fields and to the name of one of the filing forms to be consistent with changes made to the filing law. This rule amendment also removes outdated definitions of “individual” and “organization” as they relate to debtors on UCC filings and changes the designation of trusts and decedent estates from debtor types to designations of collateral ownership.
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON / CEC RULE-MAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Department of the Secretary of State; Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, Maine 04333-0101. Telephone: (207) 624-7736. E-mail: Julie.Flynn@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/ucc/index.html .


AGENCY: 01-015 � Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-13
ADOPTED RULE NUMBER: 2013-147 (Emergency)
CONCISE SUMMARY: Minimum July 2013 Class I price is $22.16/cwt. plus $1.53/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 $25.89/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/prices.shtml
EFFECTIVE DATE: June 30, 2013
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: 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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
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
ADOPTED RULE NUMBER: 2013-148 (New)
CONCISE SUMMARY: The Department of Health and Human Services (DHHS) is adopting this rule to provide services to members with other related conditions. The Department has created 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 service, 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”) details 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”) established billing procedure codes (based on HIPAA compliant CPT coding) and reimbursement rates for the waiver services.
Changes were made to the final rule based on comments and the need for technical changes. Language changes referring to Money Follows the Person/Homeward Bound were made based on comments. The prohibition of Adult Day Health Services concurrently with this waiver has been removed based on comments. The Department has added exception language to allow members in two different Home and Community Based Waivers to live together. The Department removed the exemption of a child protective check. The prohibition on out-of-state providers has been removed from the final rule based on comments.
Additionally, technical corrections were also made. Throughout the rule, DHHS was substituted for Department for consistency in the rule. Multiple grammatical corrections were made throughout the rule. 20.04-1 and -2 have been reordered so that Procedure for Developing the Care Plan is now section 20.04-1 and Content of the Care Plan is now section 20.04-2.
20.03-2.G. - The Department added language in this section to state:
�Can have his or her health and welfare needs assured in the community setting, as stated in 20.08-2(E) (1) and (2).�
20.03-4.A. - The Department added language in this section to state:
And the Department
20.03-4. - The Department added language in this section to state:
The list will be prioritized as specified above such that when there is a funded opening, an individual will be selected from priority one first and then immediately from priority two if there are not any completed and approved applicants from priority one.
This rule change is not anticipated to have any adverse impact on small businesses or impose any costs upon municipalities or counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)287-9365. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
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)
CHAPTER NUMBER AND TITLE: Ch. 332, Mainecare Eligibility Manual, Rule #268A: Part 13, Home and Community-Based Waiver, Home and Community Based Waiver Benefit for Adults with Other Related Conditions Aged 21 and Over
ADOPTED RULE NUMBER: 2013-149
CONCISE SUMMARY: A new MaineCare program will provide an alternative to institutional care for adults aged twenty-one (21) and over with “Other Related Conditions.” Other 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 eligiblitity criteria for this waiver program. The Centers for Medicare and Medicaid Services approved this waiver with an effective date of May 1, 2013; however, the Department is implementing the waiver program effective July 1, 2013. This rule also updates the personal needs allowance for Section 1, II & III per the current approved waivers. The personal needs allowance for these waivers is increased from 125% FPL to 200% FPL. This rule change is not anticipated to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON FOR THIS FILING: 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: 711 (Maine Relay). E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
ADOPTED RULE NUMBER: 2013-150 (Emergency)
CONCISE SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to set the hourly rate paid to attorneys providing indigent legal services at $50.00/hr. for fiscal year 2013-2014 and $55.00/hr. for fiscal year 2014-2015.
EFFECTIVE DATE: July 1, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John D. Pelletier, Esq., Executive Director, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 206, Standards for Designating and Certifying Eligible Telecommunications Carriers Qualified to Receive Federal Universal Service Fund Support
ADOPTED RULE NUMBER: 2013-151
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 206 of the Public Utilities Commissions’ rules which establishes standards for the designation and annual certification of Eligible Telecommunications Carriers (ETC). Under the adopted amendments, the Commission will no longer certify carriers that apply for ETC designation for the sole purpose of offering Lifeline, Link-Up, or other low-income program benefits. Going forward, such carriers will apply to the Federal Communications Commission for ETC designation.
EFFECTIVE DATE: July 1, 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: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 294, Lifeline
ADOPTED RULE NUMBER: 2013-152
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 294 which established eligibility criteria for Lifeline and Link-Up programs. After the rule amendment, the only portion of Ch. 294 that remains is Section 3(3) which deals with the state discount Eligible Telecommunications Carriers are required to offer to Lifeline customers. Eligibility and verification procedures for the state discount will be the same as those established by Federal Communications Commission rules for the federal Lifeline benefit.
EFFECTIVE DATE: July 1, 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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, Ch. I Section 1: §1.18 (G) and (H), Program Integrity; §1.19-6, Suspension or Withholding of Payments Pending a Final Determination; §1.20-3, Suspension of Payments Upon Credible Allegation of Fraud
ADOPTED RULE NUMBER: 2013-153
CONCISE SUMMARY: This rule-making implements certain requirements of the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148, and pursuant to 22 MRSA §1714-E. The rule requires the suspension of payments to providers who are the subject of a credible allegation of fraud. This rule defines the term “credible allegations of fraud,” provides for exceptions and appeal procedures, including the right for a person to request expedited relief from a suspension of payments, consistent with the requirements of the PPACA and 22 MRSA §1714-E.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 30, 2013
AGENCY CONTACT PERSON: Michael J. Dostie, Comprehensive Health Planner II, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) v287-6124. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .