January 6, 2016

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2016, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
STATUTORY AUTHORITY: 5 MRS  §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 27, 2016
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html

PROPOSALS

AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #02-16
PROPOSED RULE NUMBER: 2016-P001
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
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA  §8054, 7 MRSA  §2954
PUBLIC HEARING: January 22, 2016, Friday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 22, 2016
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 .

ADOPTIONS

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes
ADOPTED RULE NUMBER: 2015-259
CONCISE SUMMARY: The Commission adopted a relatively minor amendment to Section 5 of Ch. 9 in order to update the rule to reflect the additional revenue generated through the Oxford Casino. The amendment allows for a portion of the casino revenue dedicated to the sire stakes to be used for promotional purposes, similar to the other revenue dedicated to the sire stakes.
EFFECTIVE DATE: December 26, 2015
AGENCY CONTACT PERSON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-16
ADOPTED RULE NUMBER: 2015-260 (Emergency)
CONCISE SUMMARY: Minimum January 2016 Class I price is $19.29/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.86/cwt. handling fee for a total of $24.23/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: January 3, 2016
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. II Section 55, Laboratory Services
ADOPTED RULE NUMBER: 2015-261
CONCISE SUMMARY: The Department has adopted changes to this rule in order to align the language in Section 55 with the language of the Department’s State Plan Amendment (SPA). In particular, the adopted 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 will 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 has updated several provisions, including Sections 55.04-1, 55.04-2, 55.07, and 55.09, to add an updated reference to the current rates in the Maine HealthPAS Portal Provider Fee Schedule and to remove outdated references such as Ch. III Section 90, “Physician Services”. The Department also updated 55.02 to reflect current eligibility provisions to be consistent with other policies and current practice. It additionally updated the language in various other provisions, including Sections 55.05-3, 55.05-6, and 55.08-2, to make them consistent with current terminology. It further eliminates language referencing the diagnosis code “EMR” in Section 55.09 to align with current Medicaid billing practices. Finally, the Department removed Section 55.08-3 (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.
EFFECTIVE DATE: January 2, 2016
AGENCY CONTACT PERSON: Cari Bernier, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4031. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Kevin.Welsh@Maine.gov .