December 31, 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, Food an Rural Resources, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #02-15
PROPOSED RULE NUMBER: 2014-P270
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 .
PUBLIC HEARING: January 22, 2015, Thursday, starting at 4:00 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 22, 2015
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 .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954


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 (MBM): Ch. II & III Section 5, Ambulance Services
PROPOSED RULE NUMBER: 2014-P271
CONCISE SUMMARY: The Department is seeking to make several changes in this rulemaking. The proposed changes are as follows:
1. In Ch. II, remove two references to a telephone number provided for out-of-state providers to request prior authorization. This number is no longer in service. Instead of calling the number, providers are instructed to obtain Prior Authorization (PA) through the MaineCare portal.
2. In Ch. III, change reimbursement rates for Medicare reimbursable ambulance codes to 65% of Medicare rates. This change is being proposed pursuant to the directive in LD 1274, Public Law Ch. 441, 22 MRSA §3174-JJ, Sec. 1.
3. In Ch. III, remove a clarifying sentence from HCPCS code A0998 “Ambulance Response and Treatment, No Transport.” The sentence states, “Patient is treated but refuses transport or is deceased and therefore requires no transport.” This clarifier does not appear in the HCPCS manual and should be removed.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rule-making documents.
PUBLIC HEARING: January 21, 2015, 12:00 noon, Conference Room 110, Department of Health and Human Services, 19 Union Street, Augusta, ME 04330. (The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before 5 pm on January 14, 2015.)
DEADLINE FOR COMMENTS: Comments must be received by January 31, 2015 at midnight.
AGENCY CONTACT PERSON: Samuel Senft, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4053. Fax: (207) 287-1864. TTY: 711. E-mail: Samuel.Senft@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173; LD 1274, Public Law Ch. 441, 22 MRSA §3174-JJ, Sec. 1
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2014-P272
BRIEF SUMMARY: The proposed rule amendments adjust the procedures of the Commission in reviewing campaign finance reports filed with the Commission; defines reasonable efforts that must be undertaken by candidates and political committees in obtaining employment information of contributors; interprets “contribution” to include the use of a vehicle for campaigning by an official who has been provided the vehicle to conduct official duties; permits candidates and committees to report in the aggregate purchases of television and radio advertising time made by a media buyer; provides greater flexibility to Maine Clean Election Act candidates in making reimbursements for campaign purchases; and changes the deadline time for filing independent expenditure reports from 5:00 p.m. to 11:59 p.m.
PUBLIC HEARING: Friday, January 23, 2015, 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, February 2, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ETHICS RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Jonathan.Wayne@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRSA §1003(1); 21-A MRSA §1126
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/ethics/ .


AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
PROPOSED RULE NUMBER: 2014-P273
CHAPTER NUMBER AND TITLE: Ch. (New), Rules for Permitting Overlimit Commercial Vehicles of Specified Configurations to Travel Designated Routes
BRIEF SUMMARY: This rule would allow a specified commercial motor vehicle configuration with any number of axles that would otherwise be in violation of the provisions 29-A MRSA ch. 21 regarding operational weight limits, gross vehicle weights, axle weights, tire weights or vehicle dimensions to operate on a specified route of travel over public ways if certain conditions are met.
PUBLIC HEARING: Thursday, January 22, 2015 – 1 p.m. - at the Transportation Building (MaineDOT Office) – Room 216, Child Street, Augusta, Maine 04330.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Bill Akins, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
COMMENT DEADLINE: Comments must be received by close of business on Monday, February 2, 2015.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §2354-D, as enacted by PL 2013 ch. 565 (126th Maine Legislature, Second Regular Session).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/mdot/ .
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

ADOPTIONS

AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-15
ADOPED RULE NUMBER: 2014-289 (Emergency)
CONCISE SUMMARY: Minimum January 2015 Class I price is $21.83/cwt. plus $1.25/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 $25.28/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: January 4, 2015
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 .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


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 (MBM): Ch. II & III Section 22, Home and Community Benefits for the Physically Disables
ADOPTED RULE NUMBER: 2014-290 (Repeal)
CONCISE SUMMARY: This rule is being repealed and incorporated into Section 19, “Home and Community Based Benefits for the Elderly and for Adults with Disabilities”. This rule is being repealed 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” and is simultaneous with the repeal of Section 19. These changes are subject to CMS approval, a waiver amendment was submitted March 14, 2014.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 27, 2014
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 342 State Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-69313. Fax: (207) 287-9369. TTY: 711 (Deaf / Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #188A: Certified Households Redeterminations (Separate Household Status) & Income and Deductions (AmeriCorps & VISTA)
ADOPTED RULE NUMBER: 2014-291
CONCISE SUMMARY: The rule corrects the Food Supplement Certification Manual related to separate household status. The change clarifies when it is necessary to request verification and that the consumer may provide verification in multiple forms.
The rule also corrects and clarifies when to count AmeriCorps (State and National) and VISTA payments as income.
EFFECTIVE DATE: December 29, 2014
AGENCY CONTACT PERSON: Karen L. 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/services/snap/index.html
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 2014-292
CONCISE SUMMARY: The amendments provide for recognition of the 2012 Individual Annuity Reserving Table as well as clarify, consistent with a Model Regulation of the National Association of Insurance Commissioners, when life insurers may utilize the 2001 CSO Preferred Class Structure Mortality Table for purposes of the valuation of reserves for policies issued on or after March 27, 2004 and prior to January 1, 2007. The rule already addressed use of this mortality table by insurers with respect to policies issued on or after January 1, 2007.
EFFECTIVE DATE: December 27, 2014
AGENCY CONTACT PERSON: John Alderson, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04330-0034. Telephone: (207) 624-8421. E-mail: Johnnie.H.Alderson@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 124 (New), Basic Approval Standards: Public Preschool Programs
ADOPTED RULE NUMBER: 2014-293
CONCISE SUMMARY: This rule establishes school approval standards governing the school administrative units which operate public preschool programs and adopts procedures for ascertaining compliance with all applicable legal requirements, as authorized by Title 20-A, Maine Revised Statutes, ch. 206.
EFFECTIVE DATE: December 28, 2014
AGENCY CONTACT PERSON: Joanne C. Holmes, 23 State House Station, Augusta, Maine 04333. Telephone: 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@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 14, Advanced Practice Registered Nursing Services
ADOPTED RULE NUMBER: 2014-294
CONCISE SUMMARY: The purpose of this rule-making is to change by rule the amount of reimbursement for Advanced Practice Registered Nurses (APRNs). The rule previously stated that MaineCare reimburses APRNs providing psychological or psychiatric services at 60% of the amount reimbursed for physicians’ services, leaving the policy inconsistent with Maine’s State Plan and MaineCare’s practice in adherence to that Plan. The adopted rule changes 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, the rule reimburses 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. This change is also made retroactively.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2013 (Retroactive)
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
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 – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 103, Rural Health Clinic Services
ADOPTED RULE NUMBER: 2014-295
CONCISE SUMMARY: The adopted rule makes the following changes:
1. Per Public Law 2014, Ch. 444 (An Act to Reduce Tobacco-Related Illness and Lower Health Care Costs in MaineCare), effective August 1, 2014, eliminates the three times per year limit on tobacco cessation counseling and specifies that smoking cessation counseling is exempt from any copayment requirement.
This change is made effective August 1, 2014, a retroactive application date. 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, there is a positive impact on MaineCare providers and members, since the Department is eliminating limits and copayments for tobacco cessation counseling.
Please note that, pursuant to P.L. 2014 Ch. 444 and §2502 of the Affordable Care Act, smoking cessation products are unrestricted covered services for eligible members, effective as of August 1, 2014. Tobacco cessation products are “Covered Drugs,” reimbursable pursuant to Ch. II Section 80.05 of the MaineCare Benefits Manual. As Covered Drugs, tobacco cessation products are included on the Department’s Preferred Drug List (PDL), as set forth in Ch. II Section 80.07-5, which PDL may be accessed via the Department’s website. There are no co pays or other limits on tobacco cessation products, and MaineCare members are not required to participate in tobacco cessation counseling in order to receive tobacco cessation products.
2. The Department deleted language that identified a specific ICD-9 diagnosis code (ICD-9 diagnosis code of 305.1 [tobacco use disorder]), and in its place is more general language referencing “a nicotine or tobacco dependence code from the applicable version of the ICD Manual required by CMS.” Federal law, 45 CFR Sec 162.1000, requires covered entities such as the Office of MaineCare Services, to utilize the Medical data code sets (including ICD Manuals) 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.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 28, 2014
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Atlantic Sea Scallop Regulations and 2014-2015 Harvesting Season, Targeted Closures - (6)(7) Pleasant Bay; Lower Englishman Bay
ADOPTED RULE NUMBER: 2014-296 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Pleasant Bay as well as in Lower Englishman Bay in order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2014-15 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in Pleasant Bay as well as in Lower Englishman Bay as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: December 27, 2014
AGENCY CONTACT PERSON: Trish Cheney (207-624-6554)
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, ME 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/. E-mail: Trisha.Cheney@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .