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March 26, 2014

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/index.html. 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 (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
PROPOSED RULE NUMBER: 2014-P042
CONCISE SUMMARY: There are some technical changes that the Department is proposing. The Department is proposing to clarify the definitions of Priority 1 and Priority 2 members. The Department is proposing to clarify that the rate for Community Support includes the cost of transportation and is a component of the rate paid for the service. A clarification is needed to Home Support to state a member may have some 1:1 direct care and it must be specified in the care plan.
The Department is also proposing to add clarifying language to Assistive Technology and Communication Aids to state: “Each system or device will be revised based on medical necessity, efficiency and meets compatibility with safety needs.”
Additionally, the Department has submitted a waiver amendment to CMS and is proposing changes to the policy to coincide with CMS approval. The following changes are dependent on CMS approval.
The Department is proposing to increase the limit of Community Support and Work Support from 64 units each to allowing the member a combination of 128 units of either service. The maximum weekly allowance for Community Support is 128 units, for an annual total of 6,656 units. The maximum weekly allowance for Work Support Services is 128 units, for an annual total of 6,656 units. When members use a combination of both services, there is an annual limit of 6,656 units on the total combined expenditures for the services.
The Department is proposing a new limit of 64 units per day from 44 per day of Home Support –Remote Support and 64 units per day from 44 per day of Home Support-Quarter hour. The Department is proposing to clarify Remote Support-Interactive Support and Remote Support-Monitor only as two separate components of Remote Support and reimbursed separately.
The Department is proposing to change the limit of Communication Aids from $2,000.00 to $6,000.00 per year. A Licensed Speech Language Pathologist (SLP) is being proposed to be added as a qualified provider of Communication Aids. This proposes that Care Coordination limits to change to 400 from 144 units every year, instead of just the first year. The Department is also proposing to add clarifying language that Consultation is limited to 64 units per each type of consultation annually.
The waiver is being amended to update the effective date, clarify limits and to update the annual cost of an ICF/IID to the current amount of $200,000.00 per member.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: April 15, 2014, 10:30 a.m. - 12:00 noon, 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 April 5, 2014.
COMMENT DEADLINE: Comments must be received by midnight, Friday, April 25, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
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):
OMS 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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2014-P043
CONCISE SUMMARY: The Department is proposing many changes in this rule-making. The Department is proposing to add three new services: Assistive Technology, Career Planning and Home Support-Remote Support. The Department is also proposing to split the existing Home Support service into four separate services: Home Support-Agency Per Diem, Home Support-Family Centered Support, Home Support-Quarter Hour, and Shared Living. Additionally, the Department is proposing to split Work Support into two separate services: Work Support-Individual and Work Support-Group.
The Department is also proposing to add performance measures. The primary goal of performance measurement is to use data to determine the level of success a service is achieving in improving the health and wellbeing of members. Performance goals and performance measures have been established to monitor quality, inform, and guide reimbursement decisions and conditions of provider participation across MaineCare services. This focus on performance measurement is anticipated to enhance the overall quality of services provided and raise the level of public accountability for both the Department and MaineCare providers.
Other proposed changes to the rule include:
* The addition of Licensed Audiologists and Assistive Technology Professionals as qualified providers for the Communication Aids service.
* The addition of Certified Occupational Therapy Assistants (COTA) under the supervision of an Occupational Therapist Registered (OTR) as qualified providers for the Occupational Therapy (Maintenance) service.
* The addition of six (6) new definitions: Activities of Daily Living, Administrative Oversight Agency, Authorized Agent, Instrumental Activities of Daily Living, Prior Authorization and Utilization Review.
* Removing the definition of Summary of Authorized Services.
* The addition of a reserved capacity category to meet the needs of members under 21 in out-of-state residential placements funded by MaineCare or State funds.
* The addition of clarifying language regarding the phase-out of the Home Support-Family Centered Support services.
* New procedures for filling vacancies in two-person agency-operated homes.
* A requirement for Section 21 applicants and their planning teams to estimate the annual cost of services in the course of applying for waiver services.
* A requirement that the Personal Plan for members electing the Home Support-Remote Support service incorporate a safety/risk plan.
* The addition of limits on Community Support services, Assistive Technology services, Career Planning services, Counseling services, Consultation services, Employment Specialist Services and Home Support-Remote Support services.
* The addition of new provider qualifications for those Direct Support staff that provide Work Support-Individual services, Work Support-Group services, Employment Specialist Services, and Career Planning services.
Other technical language changes are also being proposed. The reason for the rule changes are to comply with the budget bill P.L. 2013 ch. 368 directing the Department to add Assistive Technology. The Department is also complying with a CMS directive to separate Home Support into separate services. The work support and career planning changes are to comply with LD 8, Resolve, Directing the Department of Health and Human Services to Provide Coverage under the MaineCare Program for Home Support Services for Adults with Intellectual Disabilities or Autistic Disorder.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
PUBLIC HEARING: April 14, 2014, 2:00-4:00 p.m., Conference Room #1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before April 1, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday, April 24, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, P.L. 2013, ch. 368 §SS-2.
OMS 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 (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 29, Support Services for Adults with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2014-P045
CONCISE SUMMARY: The Department is proposing many changes in this rule-making. The Department is proposing to add four new services: Assistive Technology, Career Planning, Home Support-Quarter Hour and Home Support-Remote Support. Additionally, the Department is proposing to split Work Support into two separate services: Work Support-Individual and Work Support-Group.
Additionally, the Department is proposing to add performance measures. The primary goal of performance measurement is to use data to determine the level of success a service is achieving in improving the health and wellbeing of members. Performance goals and performance measures have been established to monitor quality, inform, and guide reimbursement decisions and conditions of provider participation across MaineCare services. This focus on performance measurement is anticipated to enhance the overall quality of services provided and raise the level of public accountability for both the Department and MaineCare providers.
Other proposed changes to the rule include:
* The addition of seven (7) new definitions: Activities of Daily Living, Agency Home Support Authorized Agent, Instrumental Activities of Daily Living, Medical Add On, Prior Authorization and Utilization Review.
* Removing the definition of Summary of Authorized Services.
* A requirement for Section 29 applicants and their planning teams to estimate the annual cost of services in the course of applying for waiver services.
* A requirement that the Personal Plan for members electing the Home Support-Remote Support service incorporate a safety/risk plan.
* The addition of limits on Community Support services, Assistive Technology services, Career Planning services, Counseling services, Consultation services, Employment Specialist Services and Home Support-Remote Support services.
* The addition of new provider qualifications for those Direct Support staff that provide Home Support services, Work Support-Individual services, Work Support-Group services, Employment Specialist Services and Career Planning services.
Other technical language changes are also being proposed. The reason for the rule changes are to comply with the budget bill P.L. 2013, ch. 368 directing the Department to add Assistive Technology. The Department is complying with Resolve, Ch. 24, LD 8, Resolve, Directing the Department of Health and Human Services to Provide Coverage under the MaineCare Program for Home Support Services for Adults with Intellectual Disabilities or Autistic Disorder. This Resolve directs the Department to add Home Support as a covered Service to this waiver. The Department is also complying with a CMS directive to separate Home Support into separate services. The Work Support and Career Planning changes are to comply with LD 8, Resolve, Directing the Department of Health and Human Services to Provide Coverage under the MaineCare Program for Home Support Services for Adults with Intellectual Disabilities or Autistic Disorder.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
PUBLIC HEARING: April 15, 2014, 8:00-9:30 a.m., Conference Room #1, Department of Health and Human Services, MaineCare Services, 242 State Street, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before April 1, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Friday April 25, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Ginger Roberts-Scott, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, P.L. 2013, ch. 368, §SS-2, Resolve, Ch. 24, LD 8
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32.03(1)(B), 2014 Elver Season Closure; and Ch. 55.07, Seasonal Net Restrictions
ADOPTED RULE NUMBER: 2014-044, 045 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to protect the American eel population from the unusual damage that would ensue from allowing a fishery on elvers without management measures restricting catch so that an overall Total Allowable Catch is enforceable. Delay of the opening of the 2014 elver harvesting season is necessary in order to establish, implement and administer the elver transaction card system as recently authorized by recent enactment of P.L. 2014, Ch. 468, Section 24 (emergency, effective March 14, 2014) and the establishment of an overall state quota and an individual quota system, as authorized by LD 1625. These measures are necessary in order to ensure that landings can be reduced to 11,749 lbs. as required by the Atlantic States Marine Fisheries Commission (ASMFC). Without these management measures being implemented, there is no level of elver fishing that can be permitted without causing unusual damage to the American eel population. The extremely high prices paid for elvers have incentivized tremendous fishing effort on this resource that must be controlled with additional management measures. Exceptions to this emergency rule were made to areas that are still open to smelt fishing from Stonington to the Canadian border as well as for those municipalities or individuals with existing river herring harvest rights in accordance with 12 M.R.S. §6131 and Ch. 30.02. For these reasons, the Commissioner hereby adopts an emergency closure to the taking of elvers as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: March 21, 2014
AGENCY CONTACT PERSON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .

AGENCY: 16-222 - Department of Public Safety, Bureau of State Police (Maine State Police)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations Relating to Games of Chance
ADOPTED RULE NUMBER: 2014-046
CONCISE SUMMARY: The principal reason for proposing this rule amendment is to provide a mechanism in the current rule for distinguishing whether a certain type of game, a “game promotion,” qualifies as a game of chance. The amendment also will provide a description of how a “game promotion” differs from a game of chance. Providing this mechanism and description will protect the interests of the public generally, as well as the interests of patriotic, fraternal, and other licensed nonprofits that are legally authorized to conduct games of chance from prohibited forms of competition.
EFFECTIVE DATE: March 25, 2014
AGENCY CONTACT PERSON: Lt. Scott Ireland, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7211. E-mail: Scott.W.Ireland@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .
STATE POLICE RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 27, Transfers of Ownership Interests
ADOPTED RULE NUMBER: 2014-047
CONCISE SUMMARY: The Rule, as repealed and replaced, establishes a simplified process for changes of ownership interests in multifamily and supportive housing projects on which Maine State Housing Authority (“MaineHousing”) holds a mortgage given to secure financing provided for the project. The Rule applies to the outright transfer of a MaineHousing-financed project to a new owner along with the assumption by the new owner of the existing MaineHousing mortgage loan obligations. The Rule also applies to a significant shift in ownership interest within a business entity that continues to own the MaineHousing-financed project. This rule repeals and replaces in its entirety the current Ownership Transfers rule. A copy of the new rule may be found at www.mainehousing.org .
EFFECTIVE DATE: March 25, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. E-mail: LUhl@MaineHousing.org .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Valuations - 2014
ADOPTED RULE NUMBER: 2014-048
CONCISE SUMMARY: Maine Revenue Services has adopted new Rule 202 (Tree Growth Tax Valuations). This is routine, annual rule-making. Title 36, §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2014 tax year.
EFFECTIVE DATE: March 25, 2014
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .

AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2014-049
CONCISE SUMMARY: The Office of Professional and Occupational Regulation lowered license application fees for licensees of the Manufactured Housing Board and lowered fees associated with warranty, installation and state certification seals for the same program. In addition, the adopted rule eliminates references to and licensee fees for "commercial co-venturers" pursuant to PL 2013 ch. 313 §2.
EFFECTIVE DATE: March 23, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Anne L. Head, Director, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8511. E-mail: Anne.L.Head@Maine.gov .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .

Maine.gov

Department of the Secretary of State

March 26, 2014

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

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ADOPTIONS

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Maine.gov

Department of the Secretary of State

March 26, 2014

WEEKLY NOTICES OF STATE RULE-MAKING Public Input for Proposed and Adopted Rules

PROPOSALS

ADOPTIONS

Credits

Information

Government links

Connect with Us

Accessibility of Information

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WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules