October 14, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 40, Rule for Medication Administration in Maine Schools
PROPOSED RULE NUMBER: 2015-P180
BRIEF SUMMARY: Revisions to address the guidelines and emergency administration of epinephrine autoinjectors pursuant to state statute 20-A MRSA  §6305 (1-9)
PUBLIC HEARING: November 2, 2015 - 10:30-11:30 a.m., Room 501 of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: November 20, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §254(5)(A-C) and  §6305(1-9)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 45, Rule for Health Screening in Maine Schools
PROPOSED RULE NUMBER: 2015-P181
BRIEF SUMMARY: Revisions to the rule to include health screenings for children in public preschool programs, which are reflected in the Ch. 124 Basic School Approval Public Preschool Program Standards regulations.
PUBLIC HEARING: November 2, 2015 – 9 - 10 a.m., in Room 501 of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: November 20, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOE RULE-MAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  § § 6451 - 6455
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 44, Proposed Statement for Administering the 2016 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2015-P182
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
PUBLIC HEARING: November 4. 2015 - 11:00 a.m., Burton Cross Office Building - 3rd Floor, 111 Sewell Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 14, 2015 - 4:00 p.m.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Deborah Johnson, Director, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA  §13058 sub- §3
WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@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: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2015-P183
CONCISE SUMMARY: In compliance with the State's biennial budget, this rule-making reduces reimbursement for non-emergent use of the Emergency Department ("ED"). This reimbursement reduction applies to in-state Acute Care Non-Critical Access Hospitals only. The rule change reduces reimbursement of nonemergency use of the ED to the rate of a comparable visit delivered in a private physician office for a non-facility based provider. Non-emergent use of the ED will be identified by the primary diagnosis, as indicated by the ICD-l0 codes listed in MaineCare Benefits Manual, Ch. III Section 45, “Hospital Services”, Appendix B.
The Department published a notice of change in reimbursement methodology for hospital services, pursuant to 42 CFR  §447.205, on September 14, 2015. On October 1, 2015, pursuant to 5 MRSA  §8054, and the authority provided in the biennial budget (PL 2015 ch. 267 Part 00), the Department implemented these changes on an emergency basis. The Department shall submit its requested changes for the State Plan Amendment to the Centers for Medicare and Medicaid Services on or before December 31, 2015, with a requested effective date of October 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
STATUTORY AUTHORITY: 22 MRSA  § § 42, 3173; Public Law 2015 Ch. 267, Part A
PUBLIC HEARING: November 2, 2015 - 9:00 a.m., Conference Room 110, Department of Health and Human Services, MaineCare Services, 19 Union Street Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before 5:00 p.m., on Monday, October 26, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, November 12, 2015
CONTACT PERSON FOR THIS FILING/SMALL BUSINESS INFORMATION: Olivia Alford, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 624-4059. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Olivia.Alford@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; Public Law Ch. 267 Part A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.WelIs@Maine.gov .

AGENCY: 02-031 - Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 540, Premium Trust Account Fiduciary Duties
PROPOSED RULE NUMBER: 2015-P184
BRIEF SUMMARY: This proposed rule would set forth specific minimum standards and requirements regarding the fiduciary obligations of insurance producers.
PUBLIC HEARING: November 3, 2015 at 10:00 a.m., Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: November 16, 2015 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212, 1449
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
AGENCY RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 02-031 - Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 545, Producer and Business Entity License and Appointment Fees
PROPOSED RULE NUMBER: 2015-P185
BRIEF SUMMARY: Title 24-A MRSA  §601 establishes a maximum fee schedule with respect to licensees of the Bureau of Insurance but allows the Superintendent to establish a schedule of lesser fees through rule-making. The proposal would lower initial license fees from $30 to $10 for resident producers and from $70 to $40 for nonresident producers. Nonresident producer appointment fees are proposed for reduction from $70 to $45.
PUBLIC HEARING: November 3, 2015 at 9:30 a.m., Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: November 16, 2015 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212, 601
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
AGENCY RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 02-031 - Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
PROPOSED RULE NUMBER: 2015-P186
BRIEF SUMMARY: The proposed amendments update the current rule for consistency with Affordable Care Act requirements and procedures.
PUBLIC HEARING: November 3, 2015 - 9:00 a.m., Kennebec Room, Department of Professional and Financial Regulation Building, 76 Northern Ave., Gardiner, Maine
COMMENT DEADLTNE: November 16, 2015 - 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24 MRSA  §2321; 24-A MRSA  § § 212, 405-A(2)(E), 2413, 2736, 2736-C, 2808-B, 2839, 4207, 4309-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
AGENCY RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2015-181 (Emergency)
CONCISE SUMMARY: In compliance with the State’s biennial budget, this rule-making reduces reimbursement for non-emergent use of the Emergency Department (“ED”). This reimbursement reduction applies to in-state Acute Care Non-Critical Access Hospitals only. The rule change reduces reimbursement of non-emergency use of ED to the rate of a comparable visit delivered in a private physician office for a non-facility based provider. Non-emergent use of the ED will be identified by the primary diagnosis, as indicated by the ICD-10 codes listed in MaineCare Benefits Manual, Ch. III Section 45, “Hospital Services”, Appendix B.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2015
AGENCY CONTACT PERSON: Olivia Alford, Comprehensive Health Planner II, MaineCare Services - Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4059. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Olivia.Alford@Maine.gov .
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. 333, Low Cost Drugs for the Elderly and Disabled Eligibility Manual, Rule #275E: Section 2.1, Implementation of an Asset Test for DEL; Section 3, Continued Eligibility
ADOPTED RULE NUMBER: 2015-182 (Emergency)
CONCISE SUMMARY: Effective October 1, 2015, these emergency rules will add to the requirements of eligibility for the DEL Program that an individual must not have more than $50,000 individually or more than $75,000 per couple in liquid assets. The definition of “liquid assets” can be found in the MaineCare Eligibility Manual, Part 16.5.
In this rule-making, the Department made changes to Section 2.1 and Section 3 of the Low Cost Drugs for the Elderly and Disabled Eligibility regulations in order to comply with Part TT of PL 2015 ch. 267 and 22 MRSA  §254-D(4)(B)(5).
EFFECTIVE DATE: October 1, 2015
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., MaineCare Senior 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: 711 (Maine Relay). E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2015-183
CONCISE SUMMARY: This rule amendment adds clarifying language to the general submission requirements; revises descriptions and references; and updates data element names in conformance to national and industry standards.
Copies of this rule can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: October 6, 2015
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Karynlee.Harrington@Maine.gov .
WEBSITE: https://mhdo.maine.gov/ .
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Solutions Rule
ADOPTED RULE NUMBER: 2015-184
CONCISE SUMMARY: This rule repeals and replaces the current Homeless Programs Rule, Ch. 19, with a new Homeless Solutions Rule. The replacement rule is to transform the homeless system to effectively prevent and end homelessness by aligning resources with current state and federal initiatives. The Department of Housing and Urban Development has introduced new requirements and priorities on the use of federal resources which focus on an adequate geographic network of emergency housing and a rapid rehousing approach with support for stability and success in maintaining housing and system performance measures to ultimately end and prevent homelessness. The definitions section includes new terminology. The “Emergency Shelter Housing Requirements” section addresses the new requirements and best practice models. The “Emergency Shelter Housing Funding Allocation” section includes a new funding methodology. The “Data Collection Requirements” section and the “Monitoring and Assessment” section include an annual review for program compliance.
EFFECTIVE DATE: October 7, 2015
AGENCY CONTACT PERSON / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. TTY: (800) 452-4603. E-mail: LUhl@MaineHousing.org .
WEBSITE: http://www.mainehousing.org/ .