November 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: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 915, Annuity Disclosure
PROPOSED RULE NUMBER: 2014-P253
BRIEF SUMMARY: The proposal updates the current rule to incorporate new National Association of Insurance Commissioners’ (NAIC) Annuity Disclosure Model Regulation requirements relating to annuity illustrations and recordkeeping relating to disclosures as well as to repeal the required use of an outdated NAIC Annuity Buyer’s Guide in favor of current versions of NAIC Buyer’s Guides.
PUBLIC HEARING: 9:00 a.m., December 17, 2014, Kennebec Room, Department of Professional & Financial Regulation Building, Gardiner, ME
COMMENT DEADLINE: 4:30 p.m., December 29, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: John Alderson, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Johnnie.H.Alderson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212, 2151-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 917, Annuity Suitability
PROPOSED RULE NUMBER: 2014-P262
BRIEF SUMMARY: The proposed amendments would update the current rule to incorporate 2010 changes to the National Association of Insurance Commissioners’ Suitability in Annuity Transactions Model Regulation and are proposed in light of the Harkins-Meek amendment to the Dodd-Frank Act. The proposed amendments provide a significantly altered framework for determining annuity suitability, require producer training and require, where feasible, suitability standards consistent with FINRA standards.
PUBLIC HEARING: 10:00 a.m., December 17, 2014, Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: 4:30 p.m. on December 29, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: John Alderson, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Johnnie.H.Alderson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A M.R.S. §§ 212, 2517
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Data to the Public
PROPOSED RULE NUMBER: 2014-P263
BRIEF SUMMARY: This change repeals and replaces the current language found in the MHDO’s data release rule in order to implement the provisions of PL 2013 Ch. 528, “An Act to Amend Laws Relating to Health Care Data”. In addition this rule specifies the permissible uses of the MHDO data; Level I, II, and Level III Data file types; the process for which data requests will be reviewed and data released; public notice of data requests; the MHDO Data Use Agreement (MHDO DUA); MHDO internal use of the data; and the security and protection of the MHDO Data.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: December 18, 2014, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 29, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MHDO RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: PL 2013 ch. 528. 22 MRSA §8704(4). MHDO has authority to adopt rules necessary for the proper administration and enforcement of the requirements of 22 MRSA ch. 1683.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: https://mhdo.maine.gov/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I Section 2, State Medicaid Health Information Technology (HIT) Program
ADOPTED RULE NUMBER: 2014-269
CONCISE SUMMARY: The adoption of this rule brings Maine into compliance with federal law (42 USC §1396(b); 42 C.F.R. §§ 495.300-370). The rule regulates the State’s Health Information Technology (HIT) Electronic Health Record (EHR) Incentive Payment Program. The changes to the rule include clarifications about which entities are deemed as having a “fully implemented” EHR as well as clarifications regarding the Department’s role in conducting pre-payment reviews and post-payment audits. The Department, or its agent, conducts pre-payment reviews on all participants and may conduct post-payment audits of hospitals that participate exclusively in the Medicaid incentive payment program. These activities are ongoing, and the rule is amended to reflect these practices. Finally, a number of technical formatting edits have been made.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 23, 2014
AGENCY CONTACT PERSON: Samuel Senft, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4053. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Samuel.Senft@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCIES:
05-071 - Maine 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
ADOPTED RULE NUMBER: 2014-270, 271
CONCISE 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. The requirement that the Department of Education and the Bureau of General Services set minimum standards for committing resources for maintenance and capital improvement is removed. 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 is removed.
EFFECTIVE DATE: November 24, 2014
AGENCY CONTACT PERSON: Ann Pinnette, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6885. E-mail: Ann.Pinnette@Maine.gov .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .
BOND BANK RULE-MAKING LIAISON: Michael R. Goodwin: mrg@mmbb.com .
DOE WEBSITE: http://www.maine.gov/doe/ .
BOND BANK WEBSITE: http://www.mainebondbank.com/ .


AGENCY: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 275, Medicare Supplement Insurance
ADOPTED RULE NUMBER: 2014-272
CONCISE SUMMARY: The amendments reflect changes in state law since the last amendments to it and address outstanding ambiguities and regulatory questions.
EFFECTIVE DATE: November 24, 2014
AGENCY CONTACT PERSON: Norman Stevens, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04330. Telephone: (207) 624-8418. E-mail: Norman.A.Stevens@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .