April 15, 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

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 67, Nursing Facility (NF) Services
PROPOSED RULE NUMBER: 2015-P059
CONCISE SUMMARY: This proposed rule-making would: (1) provide a new methodology for calculating recapture of depreciation upon the sale of a nursing facility, and (2) add reimbursement for Ventilator Care Services as a separately reimbursable service (i.e., above and beyond the daily NF rate). The purpose of providing a new methodology for calculating recapture of depreciation upon the sale of a nursing facility is to comply with Public Law 2014, Ch. 582. The purpose of adding reimbursement for Ventilator Care Services as a separately reimbursable service is to ensure that nursing facilities may be reimbursed for members that need Ventilator Care Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: May 4, 2015, 10:00 a.m., 19 Union Street Room 110, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before April 27, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight, May 14, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Elizabeth S. Bradshaw-Livingston, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4054. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Elizabeth.S.Bradshaw@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2014, Ch. 582
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Treatment of Non-Conforming Lots)
PROPOSED RULE NUMBER: 2015-P060
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, regarding the treatment of non-conforming lots. Specifically, the proposed rule eliminates the term waiver in Section 10.11,E,3 and 4. In addition, the proposed rule amends Section 10.11,E,3 to allow permanent structures for the storage of personal property on certain lots.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to May 15, 2015. Written rebuttal comments must be submitted on or prior to May 22, 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Eric Larsson, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4896. E-mail: Eric.Larsson@Maine.gov. Website: www.maine.gov/doc/lupc.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  § § 685-A(3), 685-A(7), 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06(1.B.,4,5,6), Wild Turkey
ADOPTED RULE NUMBER: 2015-061
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted an amendment to the spring wild turkey hunting season in WMDs 1-6 to allow for a split A/B season. This rule also establishes the dates for the split season to occur as follows: Season A: Week #1: May 4, 2015 – May 9, 2015; Week #3: May18, 2015 – May 23, 2015; Season B: Week #2: May 11, 2015 – May 16, 2015; Week #4: May 25, 2015 – May 30, 2015; All Permit Holders: Week #5: June 1, 2015 – June 6, 2015.
In WMDs 1-6 hunters will be assigned to Season A or Season B based on their year of birth. During “odd” numbered years hunters with “odd” birth years will be authorized to hunt during Season A; hunters with “even” birth years will be authorized to hunt during Season B. During “even” numbered years, hunters with “even” birth years will be authorized to hunt during Season A; hunters with “odd” birth years will be authorized to hunt during Season B.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: April 8, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


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 15, Chiropractic Services
ADOPTED RULE NUMBER: 2015-062
CONCISE SUMMARY: The adopted rules will change the limit calculation methodology from “rolling year” to a calendar year, for purposes of clarity. This rule removes the current hard cap of 12 visits per year and allow for additional visits when medically necessary. The Department will impose a prior authorization requirement for additional visits for members over the age of twenty-one (21).
In addition, these adopted changes clarify the types of medical providers that are required to be involved in determining a member’s eligibility for Chiropractic Services.
X-ray services that are medically necessary for diagnosis and treatment of a subluxation shall be a covered service in Section 15. This rulemaking language explains the reimbursement for chiropractic x-rays. X-ray services provided through this section do not require prior authorization.
Additionally, the Department has made a number of technical changes in an effort to provide clarity and eliminate duplicative language. These changes include the elimination of Sec. 15.04 “Specific Eligibility for Care”; elimination of the reference to the Division of Program Integrity (Sec. 15.08); and elimination of other unnecessary language regarding reimbursement, co-pays, and dispute resolution.
Following the public comment period, the Department made several non-substantive changes to the rule as a result of further review. These changes include the elimination of redundant language in Section 15.02-3; clarification to language in Section 15.03; and the relocation of certain provisions to best reflect the responsibilities of different providers under the Section and to emphasize that medical necessity is a requirement for all members to be eligible for services.
Finally, the Department inserted language in the final rule to reflect provisions that are subject to approval by the Centers for Medicare and Medicaid Services (CMS). Chiropractic services are currently covered under the Department’s State Plan. However, the Department is awaiting State Plan Amendment approval from CMS for changes it seeks to make to these services as reflected in the rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 10, 2015
AGENCY CONTACT PERSON: Debbie Walsh, CHPII, Policy Writer, 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 .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 314, Regional Economic Development Revolving Loan Program
ADOPTED RULE NUMBER: 2015-063
CONCISE SUMMARY: The rule implements recent statutory changes to the program that expand eligibility criteria, loan amounts, and eligible uses. We anticipate additional funding of $8 million from the State pursuant to bonds issued pursuant to Public Law 2014, Ch. 596, or by state appropriation after January 1, 2015.
EFFECTIVE DATE: April 11, 2015
AGENCY CONTACT PERSON: William Norbert, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3540. E-mail: wnorbert@famemaine.com .
WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: CRoney@FameMaine.com .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2015
ADOPTED RULE NUMBER: 2015-064
CONCISE SUMMARY: Maine Revenue Services has repealed and replaced Rule 202 (Tree Growth Tax Law Valuations - 2015). The replaced rule provides updated valuation rates for each forest type by region.
EFFECTIVE DATE: April 12, 2015
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 65, Behavioral Health Services
ADOPTED RULE NUMBER: 2015-065
CONCISE SUMMARY: This rule is being adopted to comply with LD 386, An Act to Reduce Tobacco-related Illness and Lower Health Care Costs in MaineCare (22 MRSA  §3174-WW). The rule adds comprehensive tobacco cessation treatment including counseling and products as a covered service for all members, regardless of age, who wish to cease the use of tobacco. Tobacco cessation products are “Covered Drugs,” reimbursable pursuant to Ch. II Section 80.05 of the MBM. 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. The PDL may be accessed via the Department’s website. There are no annual or lifetime dollar limits on tobacco cessation treatment, nor are there any limits on attempts to quit. Members may not be charged a co-pay for tobacco cessation treatment and they may not be required to participate in counseling to receive products.
The following four Current Procedural Terminology (CPT) codes are to be added to Ch. III Section 65: 99406 (smoking and tobacco use cessation counseling; individual, greater than 3 minutes up to 10 minutes), 99407 (smoking and tobacco use cessation counseling; individual, greater than 10 minutes), 99411 (preventive medicine, group counseling; 30 minutes) and 99412 (preventive medicine, group counseling; 60 minutes).
If the Centers for Medicare and Medicaid Services (CMS) approves the Department’s State Plan Amendments, and pursuant to 22 MRSA  §42(8), these changes to Section 65 will be effective retroactively to August 1, 2014. As of December 11, 2014, CMS has approved the Department’s State Plan Amendment related to the provision of tobacco cessation treatment services for non-pregnant members. The Department is awaiting CMS’s approval of the State Plan Amendment offering such services to pregnant members.
Three additional technical changes are also included in this rule-making:
1. Update of language referencing the former Children’s Behavioral Health Services (CBHS) and Office of Adult Mental Health Services (OAMHS) to the current Office of Child and Family Services (OCFS) and Office of Substance Abuse and Mental Health Services (SAMHS), to reflect current Departmental structure;
2. Replacement of the term “Authorized Agent” to “Authorized Entity”; and
3. In Ch. III, a change to the rate listed for CPT code H2012 with HN UQ TL and HN UQ TM modifiers from $16.65 to $14.65.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 13, 2015
AGENCY CONTACT PERSON: Elizabeth S. Bradshaw-Livingston, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4054. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Elizabeth.S.Bradshaw@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 401, Landfill Siting Design and Operation
Ch. 402, Transfer Station and Storage Sites for Solid Waste
Ch. 403, Incineration Facilities
Ch. 405, Water Quality Monitoring, Leachate Monitoring, and Waste Characterization
Ch. 410, Composting Facilities
Ch. 419, Agronomic Utilization of Residuals
ADOPTED RULE NUMBERS: 2015-066 thru 071
CONCISE SUMMARY: LD 1483 directed the Department to review its Solid Waste Rule and adopt routine technical rules to better incorporate the waste management hierarchy into the rules. The Department is also adopting additional changes to Ch. 400 and 418 to carry out this Legislatures directive. These amendments are meant to reflect these changes and maintain consistency throughout the Solid Waste. The Department also adopts additional minor changes.
EFFECTIVE DATE: April 12, 2015
AGENCY CONTACT PERSON: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7598. Fax: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .