January 7, 2015

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections Commission
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2015, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 28, 2015
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
WEBSITE: /sos/cec/rules/index.html .

PROPOSALS

AGENCY: 01-017 Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing
PROPOSED RULE NUMBER: 2014-P274
BRIEF SUMMARY: The proposed rule changes to this chapter correct grammar, spelling and clarifies certain aspects of the rules. Further, it incorporates a list of drugs with their classification and recommended penalty. The proposed rule also includes changes to language regarding medication use and their classification.
PUBLIC HEARING: January 29, 2015 at 9:30 a.m. - Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0104
COMMENT DEADLINE: February 9, 2015 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Henry W. Jackson, 29 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 8 M.R.S. §§ 263-A, 268, 279-A, 279-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-017 Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 17, Rule Violations; Penalties
PROPOSED RULE NUMBER: 2014-P275
BRIEF SUMMARY: The proposed changes to Ch. 17 will change the penalties imposed for violating the Commission Rules. Further, the proposed change will replace level of penalties to categories. These proposed changes will mirror what the Association of Racing Commission International (ARCI) recommends to all jurisdictions. Additionally, there are minor changes to correct spelling and grammar throughout the Chapter.
PUBLIC HEARING: January 29, 2015 at 9:30 a.m. - Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0104
COMMENT DEADLINE: February 9, 2015 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Henry W. Jackson, 29 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 8 M.R.S. §§ 263-A, 268, 279-A, 279-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/harnessracing/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
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 35, Hearing Aids & Services
PROPOSED RULE NUMBER: 2014-P276 (Repeal)
CONCISE SUMMARY: The Department is proposing to repeal MaineCare Benefits Manual, Ch. II & III Section 35, “Hearing Aids and Services”. The services covered under this section will be transitioned to Ch. II Section 60, “Medical Services and Durable Medical Equipment”.
In addition, all reimbursement requirements will be set forth per the fee schedule found at the following website: http://www.maine.gov/dhhs/audit/rate-setting/documents/S60MedSuppandDME_002.pdf .
PUBLIC HEARING: February 2, 2015, 10:30-11:30 a.m., Large 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 below before Tuesday, January 20, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Thursday, February 12, 2015.
AGENCY CONTACT PERSON: Debbie Walsh, CHPII, Policy Writer, MaineCare Services, 11 State House Station. 242 State Street, Augusta, Maine 04333-0011. Telephone: (207) 287-1068. Fax: (207) 287-1864. TTY: 711 (Deaf /Hard of Hearing). E-mail: Debbie.Walsh@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Cost Neutral
STATUTORY AUTHORITY: 22 MRSA (( 42, 3173
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 60, Medical Supplies and Durable Medical Equipment (DME)
PROPOSED RULE NUMBER: 2014-P277
CONCISE SUMMARY: The Department proposes to amend several sections of Ch. 101, MaineCare Benefits Manual, Ch. II Section 60, “Medical Supplies and Durable Medical Equipment (DME)”. The changes proposed in this rule will maintain or increase the level of services available to members. The proposed changes will be amended as follows:
1. Removal of references to the term “mentally retarded” or “MR”;
2. Replacement of the term “Authorized Agent’ with the term “Authorized Entity”;
3. Addition of definitions of the following:
a. Aesthetic or DME
b. Hearing Aids
c. Prior Authorization (PA)
4. Adding coverage criteria for hearing aids;
5. Adding coverage criteria for Continuous Glucose Monitor;
6. The word “front” has been added to Section 60.01-12 (C) in order to be consistent with other language/requirements throughout the rule;
7. Update to Limitations; Incontinence Supplies: Disposable personal pads to include size and quantity;
8. Update to Limitations for members of all ages to include: hearing aids eligibility and supplies;
9. Update to the Appendix I – “Medical Criteria” - to include Hearing Aids and Continuous Glucose Monitors;
10. Language updates to Policies and Procedures; Replacement of DME: Hearing Aid criteria and Combining and providing language examples related to Medical Supplies and DME, Not Covered for members in a Nursing Facility (NF) or Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID), Section 60.05-13;
11. Adding hearing aids as a DME covered service for members residing in a NF or ICF-IID under Section 60.05-12;
12. Increase of the limits for orthopedic modifications and inserts with Healthcare Common Procedure Coding System (HCPCS) Level II codes as Medical Supplies (i.e. diabetic shoes, fittings and modifications), as identified in Section 60.07-1(A) to allow combined total of six units per year;
13. The Department proposes the following technical changes to include:
a. To be consistent with Section 1.03-2 provides that MaineCare will not provide payment to any entity outside the United States, the following language will be removed from the policy: “or within five (5) miles of the Maine border in Canada”. This is required by Section 6505 of the Patient Protection and Affordable Care Act, P.L. 111-148 (March 23, 2010);
b. Added the word ‘physician’s” written order to Face-to-Face Encounter Section 65.05 to clarify the face-to-face requirement for Durable Medical Equipment within the six (6) month time period;
c. Updates to website address locations;
14. The Department is also proposing to repeal Ch. II and III Section 35, “Hearing Aids and Services”, in a separate rule-making.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DATE AND PLACE OF PUBLIC HEARINGS:
Subject: Ch. II Section 60, “Medical Supplies and Durable Medical Equipment”
Date: February 2, 2015
Time: 8:30 – 10:30 a.m.
Location: Department of Health and Human Services, Conference Room #110, 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 below before Tuesday, January 20, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Thursday, February 12, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Debbie Walsh, CHPII, Policy Writer
AGENCY NAME: MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1068. Fax: (207) 287-1864. TTY: 711 (Deaf /Hard of Hearing). E-mail: Debbie.Walsh@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: 22 MRSA §§ 42, 3173; §440.70(b)(3), P.L.2012, Ch.542, (B(5), 42 CFR, Part 440 Public Law 111-256, (also referred to as “Rosa’s Law”), Public Law 111-148, Subtitle F, Section 6505.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Kevin.Wells@ Maine.gov .

ADOPTIONS

AGENCY: 17-387 - Maine Pilotage Commission (affiliated with Maine Department of Transportation - MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 1, Rules and Regulations
ADOPTED RULE NUMBER: 2015-001
CONCISE SUMMARY: The amendments to the Maine Pilotage Commission rules include:

  • new language to require pilots to maintain Electronic Chart Display Information System training to ensure competence with current navigation technology;
  • eliminate obsolete language regarding ferry operations between Bar Harbor and Yarmouth Nova Scotia. The operation no longer exists which makes the verbiage obsolete;
  • align physical reporting standards with U.S. Coast Guard regulations.
  • clarify the requirements for pilot Automatic Radar Plotting Aids (ARPA) certification for initial licensure and renewals;
  • clarify that post accident drug testing results should be made available from the marine employer to the Pilot Commission within five days of receiving lab notification;
  • several inconsequential technical/grammatical edits to make the rule more technically/grammatically sound.
    EFFECTIVE DATE: January 10, 2015
    AGENCY CONTACT PERSON: Brian J. Downey, Administrator, Maine Pilotage Commission, c/o Maine Department of Transportation, 16 State House Station, Augusta, ME 04333-0016. Telephone: (207) 899-7123.
    WEBSITE: http://www.mainepilotage.com/ .
    MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .