September 3, 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 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-14
PROPOSED RULE NUMBER: 2014-P193
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: September 18, 2014, Thursday, starting at 10:30 a.m., Room 319, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 18, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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 .


AGENCIES: 05-071 - Department of Education (DOE), jointly with 94-376 - Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
PROPOSED RULE NUMBERS: 2014-P194, P195
BRIEF SUMMARY: Ch. 64 governs the requirements for school administrative unit facility maintenance and capital improvement plans. The revisions amend the rules to conform with recent amendments to Title 20-A MRSA §4001 sub-§7, §15905 sub-§6, and §15918.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 64 governs the requirements for school administrative unit facility maintenance and capital improvement plans. The revisions amend the rules to conform with recent amendments to Title 20-A MRSA §4001 sub-§7, §15905 sub-§6, and §15918.
Section 2.D is deleted. This removes the requirement that the Department of Education and the Bureau of General Services set minimum standards for committing resources for maintenance and capital improvement.
Section 2.E is deleted. This removes the requirement that school administrative units report amounts budgeted for maintenance and capital improvement to the Department of Education and report whether those amounts comply with their maintenance and capital improvement plans.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ann Pinnette, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6885. E-mail: Ann.Pinnette@Maine.gov .
PUBLIC HEARING: N/A
COMMENT DEADLINE: Friday, October 24, 2014
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A §§ 1, 4001, 5804, 5805, 15603, 15907, 15918; Title 30-A §§ 5953-E, 6006-E, 6006-F, 6014; Resolve 2007 ch. 174 effective March 31, 2008
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Title 20-A MRSA §§ 4001 sub-§7, 15905 sub-§6, 15918
DOE RULE-MAKING LIAISON: Deborah.Friedman@maine.gov .
BOND BANK RULE-MAKING LIAISON: mrg@mmbb.com .
DOE WEBSITE: http://www.maine.gov/doe/ .
BOND BANK WEBSITE: http://www.mainebondbank.com/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 6, Child Care Subsidy Program Rules
PROPOSED RULE NUMBER: 2014-P196
CONCISE SUMMARY: The rule proposes to clarify program definitions and program eligibility standards.
DETAILED BASIS STATEMENT / SUMMARY: The Department of Health and Human Services (“DHHS”) is designated as the lead agency with primary responsibilities for the planning and administration of child care subsidies funded with the Child Care Development Fund.
The Child Care and Development Fund (“CCDF”) Block Grant Act of 1990 requires the Lead Agency to “administer, directly, or through other governmental or non-governmental agencies” the funds received. The regulations at 45 CFR 98.11 provide that, in addition to retaining “overall responsibilities” for the administration of the program, the Lead Agency must also (among other things) promulgate all rules and regulations governing the overall administration of the CCDF program.
The adopted rules will implement the regulations at 45.CFR 98.11. The rules will incorporate changes and current best practices in the operation of a child care subsidy program. The major amended provisions include clarification on 1.15 Educational Program, 1.21 Hobby, clarification on 1.22 Homeless Children, clarification on1.24 In-Home Child Care Provider, clarification on 3.02 Ages of Children, eligibility for 3.06 Job Search, eligibility for 3.06 Medical Leave, eligibility determination for 4.08 One Parent with Disability, clarification on 6.02.10 Parent Fees and 7.07.4 Other fees, clarification on 9.05.4 Excused hours, clarification on 11.02.2 time frame to return a renewal agreement and clarification on 11.05.4 Good Standing. The rules will also include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage.
PUBLIC HEARING: None unless requested by 5 or more interested parties.
COMMENT DEADLINE: Comments must be received by midnight, October 3, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tim Swift, Policy & Training Unit, Office of Child and Family Services, 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-7946. E-mail: Timothy.Swift@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS (42
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OCFS WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 14, Advanced Practice Registered Nursing Services
PROPOSED RULE NUMBER: 2014-P197
CONCISE SUMMARY: The purpose of this rule-making is to clarify the amount of reimbursement for Advanced Practice Registered Nurses (APRNs). The policy currently states that MaineCare will reimburse APRNs providing psychological or psychiatric services at 60% of the amount reimbursed for physicians’ services, leaving the policy inconsistent with both practice and Maine’s State Plan. The proposed rule seeks to change that rate to the amount reimbursed for physicians’ services as set forth in Section 90, Physician Services. The rule change is being made retroactive to January 1, 2013. This rule-making also makes technical changes.
In addition, if the Centers for Medicare and Medicaid Services (CMS) approves, the rule proposes to reimburse Certified Registered Nurse Anesthetists (CRNAs) at 75% of the amounts of reimbursement for services as set forth in Section 90. This is the reimbursement rate that MaineCare has been paying CRNAs.
The Department shall submit proposed State Plan changes to CMS to reflect these clarifications.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, September 22, 2014 - 9:00 a.m., Room DHHS-2, DHHS Building, 221 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before September 15, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 3, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Derrick Grant, Legislative Liaison, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §§ 42(8), 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 615, Exemptions from Regulatory Requirements for Consumer Water-Owned Utilities
PROPOSED RULE NUMBER: 2014-P198
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to adopt a new rule Ch. 615 setting forth requirements and procedures related to exemptions, pursuant to 35-A M.R.S. §6114, from regulatory requirements that otherwise would apply to consumer-owned utilities.
PUBLIC HEARING: September 23, 2014, 11:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: October 6, 2014 – Written comments should refer to the docket number of this proceeding, Docket No. 2014-00251, and be filed through the Commission’s case management system. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. All comments should include Docket No. 2014-00251 and full contact information for the commenter.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Matt Kaply, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1573. E-mail: Matthew.S.Kaply@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §6114
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. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2014-P199
BRIEF SUMMARY: The purpose of this proceeding is to consider proposed amendments to the Commission’s Underground Facilities Damage Prevention Requirements rule (Ch. 895) pursuant to recently enacted legislation, PL 2013, ch. 557.
PUBLIC HEARING: September 24, 2014, 10:00 a.m. - Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: October 6, 2014 - However, the Commission requests that comments be filed by September 19, 2014 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2014-00248, and be filed through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Derek Davidson, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1596. E-mail: Derek.D.Davidson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 23-A M.R.S. §3360-A, 35-A M.R.S. §§ 104 and 111; PL 2013 ch. 557
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

ADOPTIONS

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Pricing of Spirits
ADOPTED RULE NUMBER: 2014-203
CONCISE SUMMARY: This amendment updates the existing rules governing the pricing of spirits. This amendment updates definitions to align language with Title 28-A and current spirits business practices; aligns the functional business process of spirits pricing with these rules; adds new price points for spirits products under 375 milliliters; changes discount rates for agency liquor stores from 9%, 10% and 12% to 12% and 14% based on retail prices and adds a growth incentive plan for agency liquor stores for the overall growth of the spirits business.
EFFECTIVE DATE: August 30, 2014
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .


AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2014-204
CONCISE SUMMARY: This amendment updates the existing rules governing the draw jackpot game Powerball for the Power Play option of the game. This amendment adds back the random multiplier for Power Play of 2, 3, 4 and 5 times the base prize amount for Power Play. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of these rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
EFFECTIVE DATE: August 30, 2014
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .


AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 30, Hot Lotto Rules
ADOPTED RULE NUMBER: 2014-205
CONCISE SUMMARY: This amendment updates the existing rules governing the draw jackpot game Hot Lotto. The amendment to the rules is necessary because of financial technical game changes to Hot Lotto as determined by the Multi-State Lottery Association. In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Hot Lotto as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game. The amendment makes other non-substantive changes consistent with MUSL rules.
In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Hot Lotto as required by the Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game.
EFFECTIVE DATE: August 30, 2014
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .


AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 50, Lucky for Life Rules
ADOPTED RULE NUMBER: 2014-206
CONCISE SUMMARY: This amendment updates the existing rules governing the draw game Lucky for Life. The amendment to the rules is necessary because of major games changes to Lucky for Life as determined by the Lucky for Life Regional Game Agreement including a change to matrix to be 5 of 43 and 1 of 43; changing the odds for the Top Prize to 1:41,391,714; changing the overall odds to win a prize to 1:8.607; improving the second tier prize for a Match 5+0 to $25,000.00 per year for life; and providing a Cash Option for the top and second tier prizes. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
In order to sell Lucky for Life tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
EFFECTIVE DATE: August 30, 2014
AGENCY CONTACT PERSON / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .


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. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder (EMERGENCY Major Substantive Rule)
ADOPTED RULE NUMBER: 2014-208
CONCISE SUMMARY: This emergency major substantive rule makes the following changes, and those rule changes will be effective as of September 1, 2014.
This emergency rule allows MaineCare reimbursement for the following new services: Home Support – Remote Support services which includes: (a) Home support- Remote Support – Monitor Only; and (b) Home support – Remote Support – Interactive Support.
This emergency rule allows MaineCare reimbursement for the following new services: Assistive Technology services, which includes: (a) Assistive Technology – Assessment services; (b) Assistive Technology – Transmission (Utility Services); and (c) Assistive Technology – Devices services. Adding these services complies with P.L. 2013, Ch. 368, Part SS, which authorized MaineCare “reimbursement for the use of appropriate electronic technology as a means of reducing the costs of supporting people currently being served…”
The Department is adding a new modifier (“U5”) to the code for all of the Home Support – Family Centered Support – which indicates that the services are Family Centered Support services.
The Department is adding another new service: Career Planning services.
This emergency major substantive rule also separates out services, Home Support into four different services. Home Support-Agency Home Support (Per Diem), Home Support-Quarter Hour (1/4 hour), Home Support-Family Centered Support and Home Support-Shared Living.
The Department is deleting some of the language in the second paragraph of Principle 1900 (Billing Procedure), that relates to rates for Work Support Services – Group, and replacing the language with the actual rates per unit, depending on the number of members in a group.
This emergency rule also adds a service, which can be provided by a new type of provider: “Occupational Therapy (Maintenance) – which can be provided by a Certified Occupational Therapy Assistant (COTA) under the supervision of an Occupational Therapist Registered (OTR). This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 29, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. 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 of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder (EMERGENCY Major Substantive Rule)
ADOPTED RULE NUMBER: 2014-209
CONCISE SUMMARY: Pursuant to 5 MRSA §§ 8073 and 8054, the Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public health, safety or general welfare. The Department’s findings with regard to the existence of an emergency are as follows:
Section 29 services are governed by a Centers for Medicare and Medicaid (CMS) Medicaid waiver. On April 18, 2014, CMS approved changes to the Section 29 waiver, effective July 1, 2014, adding new services as requested by the Department. In order to add these additional services to the waiver, the Department is amending Ch. II Section 29 to add the services, through routine rule-making. However, Ch. III Section 29 is a major substantive rule, requiring the approval of the Legislature, which may take up to one year for that process. In order to be able to reimburse for the new services effective September 1, 2014, which is a benefit to the Section 29 beneficiaries, and in order to comply with the CMS-approved waiver, the Department needs to adopt these rules immediately.
This emergency major substantive rule allows MaineCare reimbursement for the following new services:
1. Assistive Technology services, which includes (a) Assistive Technology-Assessment; (b) Assistive Technology – Transmission (Utility Services); and (c) Assistive Technology – Devices. Adding these services complies with P.L. 2013, ch. 368, PART SS, which authorized MaineCare “reimbursement for the use of appropriate electronic technology as a means of reducing the costs of supporting people currently being served [on the Section 29 waiver].” Assistive Technology – Devices are limited to a cap of $6,000 per year, and Assistive Technology – Transmission (Utility Services) are limited to a cap of $50.00 per month.
2. Home Support services, which includes: (a) Home Support – Quarter Hour; (b) Home Support – Remote Support – Monitor Only; and (c) Home Support – Remote Support – Interactive Support. Adding these services complies with Resolves 2013, Ch. 24 (“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”).
Additionally, the Department is clarifying the reimbursement and billing for Work Support – Group services so that the exact reimbursement rate, depending on the number of members in the group, is indicated.
Finally, the Department is deleting Home Accessibility Adaptation services from the calculation for the Standard Unit Rate, since this service is paid per invoice, as indicated in Appendix I.
On March 18, 2014, the Department proposed rules for Ch. III Section 29, which it will provisionally adopt on or about September 1, 2014, pending Legislative approval.
This emergency major substantive rule will remain in effect for up to one year or earlier if the Legislature approves the provisionally adopted major substantive rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 29, 2014
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. 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. 301, Food Supplement Program, Rule #185E: FS Section 555-5, Income and Deductions: Full Standard Utility Allowance Based on the Receipt of Energy Assistance (pages 6-6a)
ADOPTED RULE NUMBER: 2014-210 (Emergency)
CONCISE SUMMARY: The Supplemental Nutrition Assistance Program (SNAP) was recently reauthorized as part of The Agricultural Act (the Act) of 2014 (P.L. 113-79) enacted on February 7, 2014. The law contains various provisions that affect Food Supplement eligibility, benefits, and program administration.
The federal provision requires that households receive a payment greater than $20 annually in Low Income Heating Assistance Program (LIHEAP) benefits or in other similar energy assistance benefits in the current month or in the immediately preceding 12 months in order to automatically qualify for the Full Standard Utility Allowance (FSUA) based on receipt of LIHEAP.
An emergency rule change is necessary to preclude federal penalties or loss of federal funds and thereby avoid threats to the public health, safety and general welfare.
EFFECTIVE DATE: August 29, 2014
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement 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) 624-4108. TTY: 711 (Maine Relay). E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .