July 23, 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: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 271 (Repeal), Reinstitution of Medicare Supplement Coverage
PROPOSED RULE NUMBER: 2014-P164
BRIEF SUMMARY: The proposal is to repeal, due to its irrelevance, an existing rule that addressed transitional considerations relating to the Medicare Catastrophic Coverage Act of 1988.
PUBLIC HEARING: None
COMMENT DEADLINE: August 25, 2014 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / INSURANCE RULE-MAKING LIAISON: Thomas Record, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8424. E-mail: Thomas.M.Record@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA §212
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .


AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 523 (New), Rule Regarding Short-Form Seed Capital Registrations
PROPOSED RULE NUMBER: 2014-P165
BRIEF SUMMARY: The purpose of the rule is to facilitate public investment in small businesses. The rule will accomplish this purpose by (a) permitting the use of a simplified registration statement form for smaller offerings up to $1 million and (b) promoting uniformity with other jurisdictions that require the registration of securities.
The text of the proposed rule and the notice of rulemaking may be found at the Office’s website: http://www.maine.gov/pfr/securities/index.shtml
PUBLIC HEARING: Monday, August 11, 2014 at 10:00 a.m., Department of Professional and Financial Regulation, Kennebec Room, 76 Northern Avenue, Gardiner, Maine. The Office requests that any interested party requiring special arrangements to attend the hearing contact Dona Garippa by telephone at (207) 624-8551 (TTY users call Maine Relay 711) before August 4, 2014.
COMMENT DEADLINE: Written comments must be received no later than 4:30 p.m. on Thursday, August 21, 2014, and should be addressed to: Judith M. Shaw, Securities Administrator, 121 State House Station, Augusta, Maine 04330.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Judith Shaw, Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04330. Telephone: (207) 624-8551. E-mail: Judith.M.Shaw@Maine.gov .
SMALL BUSINESS IMPACT STATEMENT: The small business impact statement may be found on the Office’s website at: http://www.maine.gov/pfr/securities/index.shtml
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 16304(6-A) (enacted March 2, 2014), 16605.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/securities/index.shtml .
SECURITIES RULE-MAKING LIAISON: Karla.Black@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
PROPOSED RULE NUMBER: 2014-P166
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks: NORTH ZONE: September 29 through December 6, 2014. SOUTH ZONE: October 1 through October 18, 2014, November 3 through December 23, 2014. COASTAL ZONE: October 1 through October 18, 2014, November 14, 2014 through January 3, 2015. Daily Limit 6 ducks, no more than 4 of any one species; possession limit 18, no more than 12 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit: 1; possession limit: 3; for black ducks, canvasbacks, mottled ducks, and fulvous whistling ducks.
c. Daily limit: 2; possession limit: 6; for hen mallard, northern pintail, scaup and redhead ducks.
d. Daily limit: 3; possession limit: 9; for wood ducks.
2) Mergansers and American coots. SEASON DATES SAME AS DUCKS. Mergansers: Daily limit 5 in the aggregate; possession limit 15 with the following exception: Hooded mergansers: daily limit: 2; possession limit: 6. American coot: Daily limit 5, possession limit 15.
3) Canada Geese (Early Season): September 1 through September 25, 2014. NORTH ZONE: Daily limit 6; possession limit: 18. SOUTH ZONE: Daily limit 10; possession limit: 30. COASTAL ZONE: Daily limit 10; possession limit: 30. Regular Goose Season - (Daily Limit 2, possession limit 6). NORTH ZONE: October 1 through December 9, 2014. SOUTH ZONE: October 1 through October 18, 2014; November 3 through December 23, 2014. COASTAL ZONE: October 1 through October 18, 2014; November 14, 2014 through January 3, 2015
4) Snow Geese: October 1, 2014 - January 31, 2015. Daily limit 25; no possession limit.
5) Brant: (Daily limit 2; possession limit 6). NORTH ZONE: October 1 through November 4, 2014. SOUTH ZONE: October 1 through October 18, 2014; November 3 through November 18, 2014. COASTAL ZONE: October 1 through October 18, 2014; November 14 through November 29, 2014
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots: NORTH ZONE: December 12, 2014 through February 2, 2015. COASTAL and SOUTH ZONE: January 8, 2015 through February 28, 2015.. Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 9 birds respectively, singly or in the aggregate.
7) Sea Ducks (scoters, eiders, and long-tailed ducks in the sea duck zone***): October 1, 2014 through January 31, 2015. Daily limit 7; possession limit 21with following exceptions: Scoter: daily limit: 4; possession limit: 12; Common Eider: daily limit: 4; possession limit: 12. ***Note: the Sea Duck zone differs from the Coastal Zone in definition: Sea Duck Zone = All coastal waters and all waters of rivers and streams seaward from the first upstream bridge. Coastal Zone = Includes areas south of a line beginning at the Maine-New Brunswick border in Calais at the Route 1 bridge, south along Route 1 to the Maine-New Hampshire border in Kittery.
8) Woodcock: October 1 – November 14, 2014. Daily limit 3; possession limit 9.
9) Common Snipe: September 1 – December 16, 2014. Daily limit 8; possession limit 24.
10) Rails (Sora and Virginia): September 1 – November 8, 2014. Daily limit 25; possession limit 25.
11) Moorhens and Gallinules: Closed Season
12) YOUTH WATERFOWL HUNT: North Zone September 20, 2014. North Zone December 13, 2014. South Zone September 20, 2014; South Zone October 25, 2014. Coastal Zone September 20, 2014; Coastal Zone November 8, 2014. Bag limits for waterfowl as above. Special regulations will apply to youth and accompanying adult.
PUBLIC HEARING: Thursday, August 14, 2014 at 6:30 p.m. at the Augusta Armory, 179 Western Avenue, Room 209B (upstairs), Augusta, ME
COMMENT DEADLINE: August 15, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
PROPOSED RULE NUMBER: 2014-P167
CONCISE SUMMARY: This rule is being proposed in order to comply with Resolve 2011 ch. 71. This rule blends services from Sections 19 and Section 22, “Home and Community Benefits for the Physically Disabled”, and is being proposed simultaneously with the repeal of Section 22.These changes are subject to CMS approval, and a waiver amendment was submitted March 14, 2014.
The changes proposed in this rule will maintain or increase the level of services available to members, specifically:
* The Department is proposing to remove Homemaker Services as a stand-alone service; members will receive instrumental activities of daily living as part of Personal Care or Attendant Services instead.
* Assistive Technology, Assistive Technology-Remote Monitoring and Assistive Technology-Transmission are being proposed to be added as new services and are included under the program cap.
* The Department is proposing to make changes to the terminology, definitions and requirements for “Self-Direction” and “Family Provider Services Option” (FPSO). These terms are being proposed to be eliminated and replaced with the term “Participant Directed Option.”
* The term “Supports Brokerage” is being proposed to be removed and the term “Care Coordination” will be used exclusively.
* The requirement for individual managing services under the FPSO to register as an agency with the Division of Licensing and Regulatory Services is being proposed to be eliminated, and the requirements for a Representative under this service delivery option have changed.
* The term “Attendant” is being proposed to be added to define the worker providing services for members using the Participant Directed Option and qualifications have been clarified for Attendants.
* The Department is proposing to modify eligibility and termination reasons that relate solely to the Participant Directed Option.
* Qualifications for Skills Training are being proposed to be added.
* Provider requirements for out-of-state services are being proposed to be clarified.
* The Department is clarifying the number of hours weekly an individual worker may provide to an individual member or household.
* The Department is proposing to standardize requirements regarding face-to-face visits from the Service Coordination Agency.
* The Department is proposing to clarify qualifications for Care Coordination staff.
* The Department is proposing to change certain definitions.
* The Department is proposing to clarify the components of the Attendant rate and Financial Management Service.
* The Department is proposing to clarify the responsibilities of the Financial Management Service regarding background checks and Office of Inspector General checks.
* The Department is proposing to allow certain individuals who meet specific eligibility to exceed a monthly cap by a certain percentage.
* The Department is increasing the limit for Care Coordination to 24 hours annually.
* The Department is proposing to clarify the dollar month cap allowable per member per month under this waiver.
* The Department is modifying the licensed settings which qualify for reimbursement for respite services.
* The Department is proposing to change rates to be consistent between the former Section 19 and Section 22 programs in Ch. III.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: August 12, 2014 - 9:00 a.m. - Conference Room 110, Department of Health and Human Services, 19 Union 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 August 4, 2014.
COMMENT DEADLINE: Comments must be received by midnight August 22, 2014.
AGENCY CONTACT PERSON: Derrick Grant Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: 207-624-6931 Fax: (207) 287-1864 TTY: 711. E-mail: Derrick.Grant@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173, Resolve 2011 ch. 71.
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) - Division of Policy
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 22, Home and Community Benefits for the Physically Disabled.
PROPOSED RULE NUMBER: 2014-P168 (Repeal)
CONCISE SUMMARY: This rule is being proposed to be repealed and incorporated into Section 19, “Home and Community Based Benefits for the Elderly and for Adults with Disabilities”. This rule is being proposed in order to comply with Resolve 2011 ch. 71. This rule blends services from Section 19, “Home and Community Benefits for the Elderly and for Adults with Disabilities”, and Section 22, “Home and Community Benefits for the Physically Disabled”, which is being proposed simultaneously with the repeal of Section 22.These changes are subject to CMS approval, a waiver amendment was submitted March 14, 2014.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: August 12, 2014 - 10:00 a.m. - Conference Room 110, Department of Health and Human Services, 19 Union 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 August 4, 2014.
COMMENT DEADLINE: Comments must be received by midnight, August 22, 2014.
AGENCY CONTACT PERSON: Derrick Grant Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: 207-624-6931 Fax: (207) 287-1864 TTY: 711. E-mail: Derrick.Grant@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173.
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 16-633 Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 20, Slot Machine Standards
ADOPTED RULE NUMBER: 2014-146
CONCISE SUMMARY: Any slot machine designated for shipment to Maine must meet or exceed the standards outlined in the Maine Slot Machine Standards approved and adopted by the Board.
EFFECTIVE DATE: July 14, 2014
AGENCY CONTACT PERSON: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333·0087. Telephone: (207) 626-3901. E-mail: Patrick.J.Fleming@Maine.gov .
WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .
BOARD RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for State Parks and Historic Sites
ADOPTED RULE NUMBER: 2014-147
CONCISE SUMMARY: Existing rules are being amended to make them consistent with current practices and address issues raised by visitors, including provisions to allow pets on beaches during the faIl and winter, to allow alcoholic beverages on designated campsites, clarify campsite occupancy limits, adjust times when generators can be used, expand hunting opportunities in May and September in accordance with Inland Fisheries and Wildlife laws and rules, and allow possession of a concealed handgun consistent with state law.
EFFECTIVE DATE: July 19, 2014
AGENCY CONTACT PERSON / DEPARTMENTAL RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333 Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
ADOPTED RULE NUMBER: 2014-148
CONCISE SUMMARY: Existing rules are being amended in accordance with revisions made in 2012 to the Allagash Wilderness Waterway Management Plan and statutory changes, including provisions for off campsite winter camping, modification and substitution of existing snowmobile, aircraft and foot trail access points and clarification of firearm provisions regarding the transport of firearms across the Restricted Zone and possession of a concealed handgun consistent with state law.
EFFECTIVE DATE: July 19, 2014
AGENCY CONTACT PERSON / DEPARTMENTAL RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333 Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .


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 35, Hearing Aids & Services
ADOPTED RULE NUMBER: 2014-149
CONCISE SUMMARY: The Department is adopting changes to this rule to add digital hearing aids as a covered service for eligible members through MaineCare. A public hearing on the proposed rule was held on June 2, 2014. There were no attendees. The comment deadline was June 12, 2014. One comment was received. No changes were made to the rule based on comments.
These changes reflect current industry standards and ensure compliance with the federal requirements for Early and Periodic Screening, Diagnostic and Treatment Services, pursuant to 42 U.S.C. §§ 1396a(a)(43) and 1396d(r), and 42 CFR §§ 440.110 and 441.56. This rule requires that providers use the State of Maine Division of Purchases’ vendors that are contracted through the Hearing Aid Procurement Program as the sole suppliers of all digital hearing aids for MaineCare members under the age of 21. Contracted hearing aid vendors and pricing information can be found at: http://www.maine.gov/purchases/contracts/hearingaids.shtml .
The Department is also adopting the following changes:
a) Adding digital hearing aid codes V5246, V5252, V5253, V5256, V5257, V5260, and V5261;
b) Allowing current dispensing fee codes V5090, V5110, V5160, V5200, V5240, and V5241 to be billed for digital hearing aids; and
c) Adding a definition for Prior Authorization.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 27, 2014
AGENCY CONTACT PERSON: Cari Bernier, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4031. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .