November 25, 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), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 6, Child Support Guidelines
PROPOSED RULE NUMBER: 2015-P213
BRIEF SUMMARY: This rule-making will update the Maine Child Support Guidelines to eliminate the multi-tiered approach to setting child support obligations, using the age of the child as a determinant. Under the new Guidelines, the weekly child support obligation will be determined only by the combined income of the parents and the number of children receiving support, without regard to the age of the children.
PUBLIC HEARING: None anticipated.
COMMENT DEADLINE: December 28, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station; 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4100. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  §42(1); 19-A MRS  §2011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 45 C.F .R.  §302.56
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/index.html .
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 (MBM): Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2015-P214
CONCISE SUMMARY: This letter gives notice of a proposed rule change to the MaineCare Benefits Manual (MBM), Ch. III Section 67, “Nursing Facility (NF) Services”. This proposed rule change seeks to implement the following:
1. Increase the final prospective rate from 95.12 percent to 97.44 percent.
2. Include the cost of continuing education for direct care staff as a direct care cost component rather than a routine cost component.
These changes are being done in order to comply with Public Law 2015, ch. 267, Part A and LD 87, An Act To Implement the Recommendations of the Commission to Continue the Study of Long-term Care Facilities. If the Centers for Medicare and Medicaid Services (CMS) approves, the final prospective rate increase will be effective retroactive to July 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, December 15, 2015 - 1:00 p.m., 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 December 7, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight, December 28, 2015.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 287-4074. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42, 3173; Public Law 2015, Parts A & UU; LD 87, An Act To Implement the Recommendations of the Commission to Continue the Study of Long-term Care Facilities.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
PROPOSEDRULE NUMBER: 2015-P215
BRIEF SUMMARY: MRS is proposing to amend Rule 104 ("Filing of Maine Tax Returns") from what was originally proposed as follows: first, by removing that section of the proposed rule mandating the electronic filing of real estate transfer tax returns and, second, by delaying application of the reduction in the corporate mandatory electronic filing threshold from $10 million in assets to $5 million in assets to apply to returns filed for tax years beginning on or after January 1, 2016. The rule further describes the requirements for filing certain Maine tax returns, including mandatory electronic filing of certain Maine tax returns. Proposed amendments also include miscellaneous technical changes, updates to the definitions of "Maine tax return" and "Tax return preparer" to simplify the language and make it easier to understand. Obsolete references to mandates effective in previous years are also being removed. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: December 30, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Anthony Gould, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8460. E-mail: Anthony.P.Gould@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Policy Manual: Section 3, “Definitions” (pages 4, 6); Section 5, “Eligibility Factors” (pages 1, 2)
PROPOSED RULE NUMBER: 2015-P216
BRIEF SUMMARY: The purpose of this rule is to implement changes to 22 MRS  §4301(3) per Public Law ch. 324 (L.D. 369 - An Act to Clarify the Immigration Status of Noncitizens Eligible for General Assistance), passed by the 127th Legislature. This rule will clarify who is newly eligible under that law and who is not. It interprets "pursuing a lawful process" to include only an affirmative application for asylum that follows USCIS rules and that it is submitted prior to being placed in removal proceedings. Those lawfully present and those "pursuing a lawful process" will have a 24 month lifetime eligibility limit. The rule also interprets the statute's 24 month limit to include months in which they received G.A. prior to the law's passage.
A paragraph that stated that eligibility is determined solely on the basis of need was removed to clarify that there are other factors used in determining eligibility.
Additionally, the rule establishes a requirement on the municipalities for tracking of the 24 month lifetime limit. And, it sets reporting and verification requirements for the municipalities to follow as a condition of reimbursement. This rule will ensure program integrity is maintained with the implementation of L.D. 369.
PUBLIC HEARING: December 17, 2015 - 1:00 p.m. Burton Cross Office Building, 111 Sewall Street (Second floor, Room 209), Augusta, ME.
COMMENT DEADLINE: The close of business, Tuesday, December 29, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ian Miller, General Assistance 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) 624-4138. TTY: 711 (Maine Relay). E-mail: Ian.Miller@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities will now be responsible for determining eligibility for, and distributing general assistance funds on behalf of, applicants lawfully present and those pursuing a lawful process for immigration relief. Municipalities will be required to track the number of months people in that population receive assistance, as well as collect and maintain documents verifying applicants/recipients have a coverable immigration statuses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  §42(1); 22 MRS  §4301(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/services/general-assistance/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2015-P217
BRIEF SUMMARY: The proposed rule amendments simplify the filing schedule for independent expenditure reports and establish procedures for organizations to disclose their top-three funders in independent expenditure communications.
PUBLIC HEARING: Wednesday, December 16, 2015 - 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, January 4, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Lorrie.Brann@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRSA  §1003(1); 21-A MRSA  §1126
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/ethics/ .
ETHICS COMMISSION RULE-MAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2015-P218
BRIEF SUMMARY: The proposed rule amendments increase the amount of seed money that may be collected by Maine Clean Election Act (MCEA) candidates and authorize MCEA candidates to collect additional qualifying contributions to qualify for supplemental public campaign funds. The rule amendments prohibit candidates from making payments of MCEA funds greater than $50 in cash, describe the procedures for an online qualifying contribution service, and presumptively hold candidates responsible for non-compliance in the collection of qualifying contributions.
PUBLIC HEARING: Wednesday, December 16, 2015 - 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, January 4, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Lorrie.Brann@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRSA  §1003(1); 21-A MRSA  §1126
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/ethics/ .
ETHICS COMMISSION RULE-MAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual: Ch. 2, 3, 8, 9, 15, 17, 18, 27
PROPOSEDRULENUMBER: 2015-P219
CONCISE SUMMARY: This rule-making will update various provisions of the Maine Child Support Enforcement Manual, to update and clarify provisions and keep the Manual current with changes made in the last legislative session.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: December 28, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station; 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY: 22 MRS  §42(1); PL 2015 ch. 296; 19-A MRS  § § 1601 – 1616, 2304; Ch. 65, Article 3. Subarticle 3; and Ch. 67; 10 MRS  §4013; 26 MRS  §1191(7); 36 MRS  §5276-A(2); 45 CFR  § § 302.51(a)(1), 303.7
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2015-225 (Emergency)
CONCISE SUMMARY: This letter gives notice of an emergency rule change to MaineCare Benefits Manual (MBM), Ch. III Section 67, “Nursing Facility Services”, pursuant to 22 MRSA 42(8). This emergency rule change seeks to implement the following:
1. Increase the final prospective rate from 95.12 percent to 97.44 percent.
2. Include the cost of continuing education for direct care staff as a direct care cost component rather than a routine cost component.
These changes are being done in order to comply with Public Law 2015 ch. 267, Part A and Resolves 2015 ch. 34, An Act To Implement the Recommendations of the Commission to Continue the Study of Long-term Care Facilities. The Department has submitted a State Plan Amendment to the Centers for Medicare and Medicaid Services (CMS). If CMS approves, the final prospective rate increase and the cost of continuing education for direct care staff as a direct care cost component will be 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: Retroactive to July 1, 2015
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner II, Division of Policy, 242 State Street,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-4074. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2015-226
CONCISE SUMMARY: This rule amendment adds clarifying language to the general submission requirements; updates references, data element names and types; and corrects data element mappings, in conformance to current national and industry standards.
Copies of these proposed rules can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/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: November 22, 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: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2015-227
CONCISE SUMMARY: This amendment updates the existing rules governing the draw jackpot game Powerball. This amendment changes the game matrix from 5 of 59 and 1 of 35 to 5 of 69 and 1 of 26. The odds of winning the grand prize changes from 1:175,223,510 to 1:292,201.338. The 3rd tier prize changes from $10,000 to $50,000. The overall odds of winning a prize in the game changes from 1:31.8464 to 1:24.8671.
In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of these rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
EFFECTIVE DATE: November 24, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 920, Reporting of Fraudulent Insurance Acts
ADOPTED RULE NUMBER: 2015-228
CONCISE SUMMARY: This amendment modifies annual reporting requirements for insurance companies regarding cases of suspected insurance fraud.
EFFECTIVE DATE: November 25, 2015
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .