September 16, 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: 02-416 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Social Worker Licensure
CHAPTER NUMBERS AND TITLES:
Ch. 13, Licensure (Amendment)
Ch. 17, Record Retention Requirements (New)
PROPOSED RULE NUMBER: 2015-P158, P159
BRIEF SUMMARY: The Board of Social Worker Licensure proposes new Ch. 17 on record retention requirements for licensees of the Board. The rule sets forth specific requirements for licensees in private practice, including record retention periods, record destruction methods, and a continuing obligation to abide by the requirements after licensure ends. Licensees employed by or affiliated with agencies or other institutions must abide by the record retention policies of those particular agencies and institutions. The Board also proposes an amendment to Ch. 13 in order to update its rules on inactive status licensure. A more detailed description and the text of the proposed rules may be obtained from www.maine.gov/professionallicensing .
PUBLIC HEARING: October 9, 2015 at 9 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: October 19, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Torrey Gray, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8420. E-MAIL: Torrey.J.Gray@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 7030(2), 7060
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/social_workers/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2015-P160
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt rules on a portion of the Kennebec River as follows:
Kennebec River Regulations – From the downstream side of the Lockwood Dam to the upstream side of the Donald Carter Bridge and From the upstream side of the Donald Carter Bridge in Waterville to the downstream side of the power lines located about 4,200 feet above the Calumet Bridge in Augusta (head of tidewater) (Note: bullets 11 and 12 in current rulebook) – Striped Bass - From May 1 through June 30, inclusive. Fishing in this area is restricted to single hooked artificial lures only and use or possession of marine bait, dead or alive, is prohibited. Any striped bass caught during this special season/area fishery shall be immediately released and returned alive, without further injury, to the waters from which they were taken.
PUBLIC HEARING: None scheduled, one may be requested.
COMMENT DEADLINE: October 16, 2015
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 14-197 - Department of Health and Human Services (DHHS), Office of Aging and Disability Services (OADS)
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism
PROPOSED RULE NUMBER: 2015-P161
BRIEF SUMMARY: The Department of Health and Human Services proposes to repeal 14-197 CMR Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Intellectual Disabilities and/or Autism. This rule will be replaced by 14-197 CMR Ch. 5, Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities or Autism.
This repeal and replace of Ch. 5 brings the behavior support, modification and management practices for persons with intellectual disabilities or autism in closer compliance with current best practice for such behavior support, modification and management. These changes provide enhanced guidance and direction on less restrictive alternatives which will decrease the number and severity of restraints used as behavioral support, modification and management. The proposed rule better defines prohibitions and expands prohibited practices. It requires Positive Supports as the first line of treatment. These proposed changes more closely align this rule with the right to dignity, privacy and humane treatment guaranteed persons with intellectual disabilities or autism under state law.
PUBLIC HEARING: October 7, 2015 @ 9:30 a.m., 19 Union Street, Room 110, Augusta, Maine
COMMENT DEADLINE: October 19, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lynne Caswell, OADS, 41 Anthony Avenue, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9200. Fax: (207) 287-9229. E-mail: Lynne.Caswell@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRSA  §5201(9),  §5604(4),  §5605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): no
WEBSITE: http://www.maine.gov/dhhs/oads/ .
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. 301, Maine Food Supplement Certification Manual, Rule #191P - Broad Based Categorical Eligibility - Shelters for Battered Persons: Sections: FS-Alpha Index pages 1-5; FS-Table of Contents pages 1-3; FS-111-1 pages 1-5; FS-333-1 pages 1-2; FS-444-6 page 1; FS-444-8 pages 1-4
PROPOSED RULE NUMBER: 2015-P162
CONCISE SUMMARY: This rule proposes to:
1. Apply a $5,000 asset limit to households that are eligible for Food Supplement benefits based on Broad-Based Categorical Eligibility (BBCE). This action will more closely align the BBCE rule with Federal standards.
2. Change the references to residents of shelters for battered women and children to shelters for battered persons, thereby enabling men, in addition to women and children, who are victims of domestic violence to access Food Supplement benefits in these shelters.
PUBLIC HEARING: Tuesday, October 6, 2015, 1:00 p.m. at DHHS, 19 Union Street, Room #110, Augusta, Maine
DEADLINE FOR COMMENTS: October 16, 2015
AGENCY CONTACT PERSON: Karen 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 .
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 MRS  § § 42(1), 3104, 7 CFR 273.2(j); 7 CFR 273.8(e )(17)
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

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 Services
ADOPTED RULE NUMBER: 2015-167
CONCISE SUMMARY: The adopted rule will provide a new methodology for calculating recapture of depreciation upon the sale of a nursing facility to comply with Public Law 2014 ch. 582. The Department is awaiting CMS approval on the SPA changes specific to depreciation recapture. The Department seeks to have those changes effective retroactive to November 1, 2014.
The adopted rule adds Ventilator Care Services as a covered service to eligible MaineCare members. The adopted rule allows for reimbursement through a prior authorization process to ensure nursing facilities may be reimbursed for members in need of Ventilator Care Services. This change is not expected to have an adverse effect on the administrative burdens of small businesses. The Department will seek approval from CMS to add Ventilator Care as a separately reimbursed service authorized through a prior authorization. The Department seeks to have this change effective retroactive to July 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 15, 2015
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Heidi.Bechard@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .