July 2, 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: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 27, Retail Margins
PROPOSED RULE NUMBER: 2014-P137
CONCISE SUMMARY: The principal reason for this rule-making is the need to establish retail margins for milk sold within the State of Maine in accordance with 7 MRSA §2954.
PUBLIC HEARING: July 25, 2014, Friday, starting at 11:00 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 4, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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: 7 MRSA §2954
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-14
PROPOSED RULE NUMBER: 2014-P146
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: July 25, 2014, Friday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 25, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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 .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE:
Ch. 1, Open Water and Ice Fishing Regulations
Ch. 1-A, State Heritage Fish Waters
PROPOSED RULE NUMBER: 2014-P147, P148
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 4 public hearings listed above. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2015. The Department is also proposing regulation changes to waters that will then become listed as State Heritage Fish waters.
PUBLIC HEARINGS:
Fort Kent: July 21, 2014 @ 6:30 p.m. – Fort Kent Community High School, 84 Pleasant Street
Greenville: July 22, 2014 @ 6:30 pm – Greenville Town Office (Meeting Hall room), 7 Minden Street
Princeton: July 23, 2014 @ 6:30 pm – Princeton Town Office (Conference Room), 15 Depot Street
Auburn: July 24, 2014 @ 6:30pm – Fireside Inn, 1777 Washington Street South (next to I-95)
COMMENT DEADLINE: August 4, 2014
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: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104 & 12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2014-P149
BRIEF SUMMARY: This rule repeals and replaces in its entirety the current Home Energy Assistance Program rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, weatherization, and heating system repair and replacement funds to low income households in the State of Maine. The replacement rule: (1) defines a life-threatening crisis as a household currently without heat or utility service to operate a heating source; (2) expands the number of acceptable types of documentation which will serve as proof of an applicant’s social security number; (3) provides that applicants residing in subsidized housing with heat included may be eligible for fuel assistance if the household pays a portion of rent or utility costs and MaineHousing will issue a benefit in an amount which complies with Maine law to maximize Supplemental Nutrition Assistance Program (SNAP); (4) makes minor revisions to the requirements for procurement of emergency services for clients; (5) clarifies when vendors may apply benefits to indebtedness incurred for home energy deliveries for an eligible household; and (6) redefines appellant’s option to respond to a fair hearing decision prior to the final decision for action by MaineHousing’s Director. A copy of the proposed rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, July 22, 2014 at 10:00 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, August 1, 2014 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (voice in state only) or Maine Relay 711. E-mail: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §§ 4722(1)(W), 4741(15), and 4991 et seq.; 42 U.S.C.A. §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 355, Coastal Sand Dune Rules
PROPOSED RULE NUMBER: 2014-P150
BRIEF SUMMARY: The rule will be amended to repeal and replace existing provisions allowing reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and other conditions are met, to conform to the direction of PL 2013 ch. 277. The standard conditions in the rules will also be amended to correct an inconsistency with Resolves 2011 ch. 46.
PUBLIC HEARING: The department has determined that a public hearing on the proposed rule is not needed. If you believe a hearing should be held, submit a written request by the comment deadline below.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., August 1, 2014. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON:
Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Tel: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov . DEP Rules Website: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE RULE: P.L. 2013 ch. 277, and Resolves 2011 ch. 46
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 504, Grievance Procedures for the Handicapped
PROPOSED RULE NUMBER: 2014-P151 (Repeal)
BRIEF SUMMARY: This 1984 regulation is being rescinded because it has been superseded by another State regulation (see 12-168 C.M.R. c. 50, Nondiscrimination Policy and Grievance Procedure).
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: August 1, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Christopher Parr, 42 State House Station, Augusta, Maine 04333-0042. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: None
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/ .

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 38, Suicide Awareness and Prevention in Maine Public Schools
ADOPTED RULE NUMBER: 2014-127
CONCISE SUMMARY: This rule provides the guidance needed to ensure that schools provide staff with appropriate, quality training in suicide awareness and prevention, in order to meet the specifications of recently-enacted law, Public Law 20 13 ch. 53 (LD 609). The rule provides clarity as to when the law is in effect, who is to be trained and what qualifies as appropriate training.
EFFECTIVE DATE: June 29, 2014
AGENCY CONTACT PERSON: Susan Berry, Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6695. Fax: (207) 624-6691. TTY: Maine Relay 711. E-mail: Susan.Berry@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-14
ADOPTED RULE NUMBER: 2014-128 (Emergency)
CONCISE SUMMARY: Minimum July 2014 Class I price is $26.27/cwt. plus $1.16/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 $29.63/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: June 29, 2014
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 .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Services Manual: Section 6, Independent Practice Dental Hygienist (IPDH) Services
ADOPTED RULE NUMBER: 2014-129
CONCISE SUMMARY: This rule implements a state-only funded program to provide reimbursement for Independent Practice Dental Hygienists (IPDHs) services and to Federally Qualified Health Centers (FQHCs) employing IPDHs for certain services, provided to MaineCare Members during the period October 1, 2012 through September 30, 2013.
This state-only funded service reimburses IPDHs and FQHCs who employed IPDHs providing such services, during the period October 1, 2012 through September 30, 2013, for the following services provided to individuals who were eligible MaineCare members at the time of service: prophylaxis performed on a person who was 21 years of age or younger; topical application of fluoride performed on a person who was 21 years of age or younger; provision of oral hygiene instructions; the application of sealants; temporary fillings; and processing and exposing radiographs (X-rays).
To be reimbursed, IPDHs and FQHCs must be enrolled as MaineCare providers on the date they submit claims. Additionally, FQHC’s must have been enrolled as MaineCare providers on the date of the service. If the FQHC had been reimbursed by MaineCare for an ambulatory clinic visit for the MaineCare Member, on the same date as the IPDH service, the FQHC is ineligible for IPDH reimbursement under this rule.
Providers must submit claims on or before December 31, 2014, in order to be reimbursed.
The Department made numerous changes to the Final Rule from the Proposed Rule, in response to comments, and also on the advice of the Office of the Attorney General. A list of the changes and the reasons for the changes can be found in the MAPA document, “Summary of Comments and Responses.”
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. E-mail: Peter.Kraut@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 of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2014-130
CONCISE SUMMARY: This rule-making makes the following changes to Ch. II Section 31, “Federally Qualified Health Center Services”:
1. The addition of three dental provider types:
o Independent Practice Dental Hygienists (IPDHs), as required by per P.L. 2011, Ch. 457, An Act To Include Independent Practice Dental Hygienists in MaineCare.
o Dental Externs. Adding this provider type will increase access to dental services by MaineCare beneficiaries.
o Dental Residents. Adding this provider type will increase access to dental services across the state.
IPDHs are added effective October 1, 2013, subject to approval by CMS.
Dental Externs are added as a MaineCare provider, effective July 1, 2013. The July 1, 2013 effective date for Dental Externs is consistent with the proposed rule, which proposed adding this provider type “effective 365 days before date of adoption”. The adopted rule clarifies precisely what the effective date is of this change.
Dental Residents are added as a MaineCare provider effective July 1, 2013, although the proposed rule added them as a provider type effective September 1, 2011. As a result of advice from the Office of the Attorney General, the Department changed the effective date to July 1, 2013. Federal Medicaid law requires state Medicaid agencies like MaineCare to “require [Medicaid] providers to submit all claims no later than 12 months from the date of service.” 42 CFR 447.45(d)("Timely processing of claims"). Accordingly, MaineCare cannot add a provider type retroactively beyond the 12 months, since claims from an earlier period could not legally be processed as MaineCare claims.
2. Tobacco cessation codes were updated to reflect the upcoming national change from ICD-9 to ICD-10. 45 CFR Section 162.1000 requires covered entities such as the Maine Office of MaineCare Services, to utilize the Medical data code sets as specified in the federal regulation that are valid at the time the health care is provided. As of the date this rule became effective, CMS, and the Office of MaineCare Services, utilized the International Classification of Diseases, 9th Edition, “Clinical Modification”, (ICD-9-CM), and Volume 3, “Procedures”, (including “The Official ICD-9-CM Guidelines for Coding and Reporting”). CMS has notified states that it intends to switch to the ICD-10 Manual at some time in the future.
3. The Department added a sentence: “Dental services rendered under this policy must be performed in accordance with the Maine Board of Dental Examiners requirements” to clarify that this is a legal requirement.
4. Per Public Law 2014, Ch. 444, eliminates the three times per year limit on tobacco counseling and specifies that Smoking cessation counseling is exempt from the copayments required by 31.08 (A). This change was not in the proposed rule because the Legislature enacted the change after the rule was proposed. The Department has determined that it is appropriate to include this change in the adopted rule due to the fact that: (1) the changes required by statute should be effective by August 1, 2014 (90 days upon the Legislature’s adjournment), and it would not be possible to meet that deadline without including it in this adopted rule; (2) the public had an opportunity to comment on this change during the legislative process; and (3) the changes have a positive impact on both members and providers.
This rule has retroactive application effective dates for adding the three new provider types. The Department is authorized to adopt rules with retroactive application, pursuant to 22 MRSA 42(8), when necessary to conform to the State plan and to maximize federal Medicaid funding, and where there is no adverse financial impact on any MaineCare provider or Member. Here, because there is a positive impact on MaineCare providers and Members, since the Department is adding new provider types, and access to dental services should be improved, the retroactive application of those provider types is appropriate.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. E-mail: Peter.Kraut@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 of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
ADOPTED RULE NUMBER: 2014-131
CONCISE SUMMARY: The rule-making makes the following changes: (1) adds three dental provider types: Independent Practice Dental Hygienists (effective October 1, 2013 subject to approval from CMS), Dental Externs (effective July 1, 2013), and Dental Residents (effective July 1, 2013); (2) eliminates the limit on tobacco counseling; (3) adds partial dentures to services reimbursable to denturists; (4) updates policy to conform to changes in the American Dental Association’s 2014 CDT Dental Procedure Codes (this includes addition, deletion, and renaming of codes, as appropriate); and (5) changes limitations for a number of specific procedures.
The Department made numerous changes to the final rule from the proposed rule, in response to comments, and also on the advice of the Office of the Attorney General. A list of the changes and the reasons for the changes can be found in the MAPA document, “Summary of Comments and Responses.”
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy and Performance, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. E-mail: Peter.Kraut@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. 201, Provider of Last Resort Service Quality
ADOPTED RULE NUMBER: 2014-132 (Final adoption, major substantive)
CONCISE SUMMARY: The Public Utilities Commission finally adopts rules to establish service quality indicators and standards for Provider of Last Resort (POLR) providers pursuant to recently enacted legislation.
EFFECTIVE DATE: July 27, 2014
AGENCY CONTACT PERSON / PUC 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 .
PUC WEBSITE: http://www.maine.gov/mpuc/ .