December 30, 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: 94-591 – Motor Carrier Review Board (associated with the Bureau of Motor Vehicles, Secretary of State)
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers
PROPOSED RULE NUMBER: 2015-P248
BRIEF SUMMARY: The primary purpose of this rule amendment is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused effort by the board. Changes include reviewing 10 carriers initially instead of 20 including up to 5 initiated from the State Police regardless of severity rating, requiring a supplemental questionnaire to be filled out by the carrier for the initial review, and changing the postmark notification date for the carrier from 15 days to 60 days. The Motor Carrier Review Board endorsed these changes at its last meeting on October 27, 2015.
DETAILED BASIS STATEMENT / SUMMARY: The primary purpose of this rule amendment is to institute a more efficient and expedient process by which to review deficient motor carriers and provide for a more focused effort by the board. Changes include reviewing 10 carriers initially instead of 20 including up to 5 initiated from the State Police regardless of severity rating, requiring a supplemental questionnaire to be filled out by the carrier for the initial review, and changing the postmark notification date for the carrier from 15 days to 60 days. The Motor Carrier Review Board endorsed these changes at its last meeting on October 27, 2015.
PUBLIC HEARING: none
COMMENT DEADLINE: January 29, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director – Vehicle Services, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA  562(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #191A: Broad Based Categorical Eligibility – Shelters for Battered Persons
ADOPTED RULE NUMBER: 2015-251
CONCISE SUMMARY: This final rule implements the following:
1. It applies a $5,000 asset limit to households that are eligible for Food Supplement benefits based on Broad-Based Categorical Eligibility (BBCE).
2. It changes the reference from residents of shelters for battered women and children to shelters for battered persons, thereby enabling men who are victims of domestic violence to access Food Supplement benefits in these shelters.
EFFECTIVE DATE: January 1, 2016
AGENCY CONTACT PERSON: Karen L. 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 .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
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. 332, MaineCare Eligibility Manual, Rule #279A: Charts 3, 4: Updated Federal Poverty Levels, Cost of Living Adjustments, and Spousal Impoverishment Standards
ADOPTED RULE NUMBER: 2015-252
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 adopted rule is designed to capture such changes in the updated State rules.
The Department is mandated to incorporate the following changes, per federal law. The Department expects that the changes will positively affect beneficiaries, because the majority of the changes will either increase the income limits of all MaineCare coverage groups and State Funded Assistance Programs or allow a nursing facility resident's community spouse to have more monthly income to pay for basic expenses, such as food, housing, and heat. In the instance where a limited number of recipients will experience a slight adverse effect due to retroactive changes to the Spousal Living Allowance retroactively (a difference of $4 per month), the effect will be obviated by direct reimbursement.
EFFECTIVE DATE: Please note there are three different retroactive effective dates, as set forth in the substance of the rule
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: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 403, Rules for the Distribution of Funds to Support Regional Rideshare Programs
ADOPTED RULE NUMBER 2015-253 (Repeal)
CONCISE SUMMARY: The Public Utilities Commission proposes to repeal outdated rule related to a prior role the Commission had regarding Maine's energy conservation programs.
EFFECTIVE DATE: December 18, 2015
AGENCY CONTACT PERSON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2015-254
CONCISE SUMMARY: The principal reason for this rule-making is to up-date dealer margins. The margins adopted in this rule reflect the current cost of processing milk in Maine and will be used by the Maine Milk Commission in their monthly milk price setting meetings. Minimum prices can be found at: http://wvvw.maine.gov/dacfimilkcommission/index.shtml .
EFFECTIVE DATE: December 26, 2015
AGENCY CONTACT PERSON / 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: 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. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2015-255
CONCISE SUMMARY: In compliance with the State's biennial budget, the adopted rule reduces reimbursement for non-emergent use of the Emergency Department ("ED"). The Department of Health and Human Services (the "Department") will reduce the payment for Department-defined, non-emergent use of the ED for in-state Acute Care Non-Critical Access Hospitals only. Specifically, the hospital will be paid the outpatient physician's professional evaluation and management service fee schedule rate. This will be determined by using the current physician's payment rate listed in the MaineCare Fee Schedule associated with the ED CPT code reported on the UB04 claim. Non-emergent use of the ED will be identified by the primary diagnosis, as indicated by the ICD-10 codes in MaineCare Benefits Manual, Ch. III Section 45, “Hospital Services”, Appendix B.
On October 1, 2015, pursuant to 5 MRS  8054, and the authority provided in the biennial budget (P.L. 2015, ch. 267, Part UU), the Department implemented these changes on an emergency basis. That rule expires on December 30, 2015, and this rule adoption will take effect on December 31, 2015. The Department is also awaiting approval from the Centers for Medicaid and Medicare Services for these rate reductions.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 31, 2015
AGENCY CONTACT PERSON: Olivia Alford, Comprehensive Health Planner II, 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. 301, Food Supplement Program, Rule #193A: SUA-COLA Changes for FFY 2016
ADOPTED RULE NUMBER: 2015-256
CONCISE SUMMARY: This rule makes permanent emergency Rule #193E, “SUA Changes for FFY 2016”, implemented on October 1, 2015, which includes updated standard utility allowances (SUA), as approved by USDA Food and Nutrition Services (FNS), for FFY 2016. Federal regulation 7 CFR 273.9(d) requires that SUA(s) be reviewed and updated annually. The SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities, from June 2014 to June 2015, subject to approval by FNS. The SUA values for heating/cooling, non-heat utility and phone costs decreased by 2%, which caused Food Supplement benefits to decrease by a small amount.
This rule also implements the annual cost of living allowance (COLA) increases, retroactively to October 1, 2015. COLA allowances include adjustments for income eligibility standards, standard deductions and the maximum shelter allowance, as determined by FNS.
EFFECTIVE DATE: COLA values: effective retroactively to October 1, 2015 SUA values: effective December 30, 2015
AGENCY CONTACT PERSON: Karen L. 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 .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
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. 332, MaineCare Eligibility Manual, Rule #275A: Part 2 Section 13, Eligibility Periods / Reviews
ADOPTED RULE NUMBER: 2015-257
CONCISE SUMMARY: This rule changes the review period from 24 to 12 months. This change is being made in order to stay consistent with the eligibility period and review requirements of the Medicare Savings Program (MSP) and to ensure the Department receives timely notice of changes in members' financial circumstances that could impact eligibility.
In a single rule filing, the Department initially proposed changes to two separate and distinct state regulations, 10-144 CMR ch. 333 (the DEL rule) and 10-144 CMR ch. 332 (the MaineCare Eligibility Manual). In order to ensure at the time of adoption appropriate separation of the changes made to the two regulations, separate MAPA documents have been created for each regulation.
EFFECTIVE DATE: December 30, 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: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/elderly.shtml#drugs .
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 #275A: Section 2.1, Assets; Section 3, Continued Eligibility
ADOPTED RULE NUMBER: 2015-258
CONCISE SUMMARY: This rule change adds a liquid asset test that is consistent with the Medicare Savings Program (MSP). This rule changes the review period from 24 to 12 months and removes continuous program eligibility regardless of a change in income, thus requiring members to report financial changes within 10 days. These changes will ensure consistent asset testing and early detection of changes in members' financial circumstances.
The rule change also deletes outdated language from Section 2.2, since the language in subpart II regarding calculation of income has been effective since March 1, 2013.
In a single rule filing, the Department initially proposed changes to two separate and distinct state regulations, 10-144 CMR 333 (the DEL rule) and 10-144 CMR 332 (the MaineCare Eligibility Manual). In order to ensure at the time of adoption appropriate separation of the changes made to the two regulations, separate MAP A documents have been created for each regulation.
The change to include a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the Low Cost Drugs for the Elderly and Disabled program was implemented on an emergency basis, effective October 1,2015. This rule seeks to adopt that change in addition to a change that was not included in the emergency rule: changing the length of the review period from 24 to 12 months and the removal of continuous eligibility regardless of a change in the member's income.
EFFECTIVE DATE: December 30, 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: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/elderly.shtml#drugs .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .