September 2, 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: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-15
PROPOSED RULE NUMBER: 2015-P145
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: September 24, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 24, 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: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Subdivision Technical Issues)
PROPOSED RULE NUMBER: 2015-P146
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to the agency’s Ch.10, Land Use Districts and Standards. The primary objective of this rule-making is to revise the Commission’s rules regarding certain technical standards that apply to subdivision development in response to specific issues identified by stakeholders in a recent facilitated rule review process. The Subdivision Technical Issues rule-making focuses on the requirements for soil suitability, maximum road grade, steep slopes and phosphorus control. In addition, changes are proposed to Ch. 10 to conform with legislative changes removing the requirement that proposed land use districts satisfy a demonstrated need in the community or area.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to October 2, 2015; written rebuttal comments must be submitted on or prior to October 9, 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, Maine, 04401. Telephone: (207) 941-4593. E-mail: Stacie.R.Beyer@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-C(5)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
DEPARTMENTAL 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
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2016-P147 (Repeal)
CONCISE SUMMARY: The Department is proposing to repeal this rule which, since its July 1, 2011, implementation, has existed without any member enrollment. This means no members have ever received services under Section 32. The Department originally promulgated the rule after receiving approval from the Centers for Medicare and Medicaid Services (CMS) to operate a Section 1915(c) Home and Community-Based Services waiver for children with Intellectual Disabilities and/or Pervasive Developmental Disorders. The waiver has since expired and, through CMS guidance, the Department determined not to renew the waiver as all waiver services are currently being offered to this population elsewhere. With the expired waiver, the Department is no longer authorized to operate this program.
No members will be affected by the repeal of Ch. II Section 32. Children who would have been eligible for these waiver services already receive and will continue to receive these services through other sections of the Medicaid State Plan, through the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Services, and through state-funded programs at the Office of Child and Family Services.
The Department is concurrently proposing to repeal Ch. III Section 32, on the same basis. Ch. II Section 32 is a routine technical rule. Ch. III Section 32 is a major substantive rule and requires authorization from the legislature.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 23, 2015 - 9:00 a.m., DHHS, 19 Union Street – Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 11, 2015.
COMMENT DEADLINE: Comments must be received by midnight October 3, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@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 MRSA  § § 42, 3173; 42 CFR  §447.201
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: 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 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2016-P148 (Repeal – major substantive)
CONCISE SUMMARY: The Department is proposing to repeal Ch. III Section 32 in conjunction with the proposed repeal of Ch. II Section 32. Ch. III Section 32 is a major substantive rule. Ch. II Section 32 is a routine technical rule.
The Department is proposing to repeal these two rules which – since their July 1, 2011, implementation, have existed without any member enrollment. This means that no members have ever received services under Chapter II, Section 32. And no providers have ever been reimbursed for services under Ch. III Section 32.
The Department originally promulgated the Ch. II and Ch. III rules after the Centers for Medicare and Medicaid Services (CMS) approved a Section 1915(c) Home and Community-Based Services waiver for children with Intellectual Disabilities and/or Pervasive Developmental Disorders who would otherwise require an institutionalized level of care. The waiver has been terminated with CMS effective March 27, 2015. Through CMS guidance, the Department determined not to renew the waiver as all waiver services are currently being offered to this population elsewhere. With the expired waiver, the Department is no longer authorized to operate this program.
No members and no providers will be affected by the repeals of Ch. II and III, Section 32. Children who would have been eligible for these waiver services have already been receiving – and will continue to receive – these services through other sections of the Medicaid State Plan, through the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Services, and through state-funded programs at the Office of Child and Family Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 23, 2015 - 9:00 a.m., DHHS, 19 Union Street – Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 11, 2015.
COMMENT DEADLINE: Comments must be received by midnight October 3, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@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 MRSA  § § 42, 3173; 42 CFR  §447.201
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: 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 55, Laboratory Services
PROPOSED RULE NUMBER: 2015-P149
CONCISE SUMMARY: These changes are being proposed in order to align the language in Section 55 with the language of the Department’s State Plan Amendment (SPA). In particular, the proposed changes increase the reimbursement rate from fifty-three percent (53%) of the lowest level in the current Medicare fee schedule for Maine in effect at that time, to seventy percent (70%) of the 2009 CMS rate or seventy percent (70%) of the rate in the year CMS assigns a rate for that code. The Department shall seek approval from CMS for an amendment to its SPA to reflect that the provider’s usual and customary charge is one of the several benchmarks utilized by the Department to determine reimbursement for laboratory services.
In addition, the Department proposes to update several provisions, including Sections 55.04-1, 55.04-2, 55.07, and 55.09, to add a reference to the Division of Audit Rate Setting Fee Schedule and to remove outdated references. The Department also proposes updating 55.02 to reflect current eligibility provisions to be consistent with other policies and current practice. It additionally proposes to update the language in various other provisions, including Sections 55.05-3, 55.05-6, and 55.08-2, to make it consistent with current terminology. It further proposes to eliminate language referencing usage of the diagnosis code “EMR” in Section 55.09 to align with current Medicaid billing practices. Finally, the Department proposes to remove Section 55.083 (Copayment Disputes), given that those requirements are set forth in Ch. I Section 1 of the MaineCare Benefits Manual.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 22, 2015 - 1:00 p.m., DHHS, 19 Union Street – Room 110, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before September 14, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 2, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@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 MRSA  § § 42, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #279P: Charts 3 & 4 - Updated Federal Poverty Levels, Cost of Living Adjustments, and Spousal Impoverishment Standards
PROPOSED RULE NUMBER: 2015-P150
CONCISE SUMMARY: The State of Maine administers the MaineCare program pursuant to a State Plan, which requires that the State rules reflect prevailing federal standards and arithmetical values. Accordingly, the State rules are adjusted as necessary and appropriate to incorporate updated federal changes. The proposed rule is designed to capture such changes in the updated State rules.
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: October 2, 2015
AGENCY CONTACT PERSON: R. W. Bansmer, Jr., Senior MaineCare 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) 624-4105. TTY: Maine Relay 711. E-mail: Reinhold.Bansmer@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA  § § 42(l), 42(8),  § § 3173, 3174 et seq. 42 USC  §1396a; 20 CFR  § § 416.2095, 416.2096; Social Security Act 1902(a)(10)(A)(i)&(ii), 1905(P)
WEBSITE: DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-15
ADOPTED RULE NUMBER: 2015-157 (Emergency)
CONCISE SUMMARY: Minimum September 2015 Class I price is $19.59/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.07/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: August 30, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .


AGENCY: 02-385 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBERS AND TITLES:
Ch. 820, Definitions (amended)
Ch. 830, Licensure of Manufactured Housing Communities (amended)
Ch. 840, Rules Relating to Drinking Water Systems of Manufactured Housing Communities (new)
Ch. 850, Community Licensing - Standards (amended)
Ch. 860, Inspections and Complaints (amended)
ADOPTED RULE NUMBERS: 2015-158 thru 162
CONCISE SUMMARY: In this rule-making, the board adopted Ch. 840, a new chapter that clarifies and elaborates on the rules regulating drinking water systems, which were previously a part of Ch. 850. The board also made amendments to existing rule Ch. 820, 830, 850, and 860 in order to update and clarify the rules overall.
EFFECTIVE DATE: August 30, 2015
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Manufactured Housing Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8678. E-mail: Robert.V.LeClair@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 3 (Emergency/new), County Jail Operations Fund Distribution of Funds Formula
ADOPTED RULE NUMBER: 2015-163
CONCISE SUMMARY: The Legislature enacted by an emergency statute a requirement that the Department of Corrections adopt rules for the distribution to the counties of payments from the County Jail Operations Fund. The Supreme Judicial Court determined on August 6, 2015 that this statute was effective. The counties are in immediate need of these payments in order to continue operations of their jails.
EFFECTIVE DATE: August 31, 2015
AGENCY CONTACT PERSON: Scott Ferguson, Department of Corrections, 25 Tyson Drive, 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 592-3262. E-mail: Scott.Ferguson@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .
DEPARTMENTAL RULE-MAKING LIAISON: Mary.Lucia@Maine.gov .


AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Madawaska, and Van Buren
ADOPTED RULE NUMBER: 2015-164
CONCISE SUMMARY: The primary purpose of this rule amendment is to add an additional 7-axle combination vehicle to the allowable truck configurations eligible for the Canadian Weight Limit permit. The additional permit would be available for the Calais to Baileyville route only. The amendment also establishes the fee for this new permit.
EFFECTIVE DATE: September 6, 2015
AGENCY CONTACT PERSON: Garry Hinkley, Director - Vehicle Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O’Connell@Maine.gov .