January 20, 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.

PROPOSALS

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. II Section 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2016-P003
CONCISE SUMMARY: The Department proposes to align MBM, Section 4, “Ambulatory Surgical Center (ASC) Services”, with the current ASC reimbursement methodology as defined by the outpatient prospective payment system (OPPS) by the Centers for Medicare and Medicaid Services (CMS). The Department also proposes to reimburse physicians or other qualified providers at the facility rate listed in the MaineCare Fee for services delivered in ASCs.
CMS-defined all-inclusive rates include prosthetic devices that are considered integral to covered surgical services; MaineCare will no longer reimburse ASCs separately for prosthetic devices that are outside of the all-inclusive rate for covered surgical procedures. Members may procure medically necessary prosthetics through a durable medical equipment provider, physician, or other appropriately licensed provider in accordance with the applicable section of the MBM.
Language is also added to Section 4.04 (B), Ancillary Services, to reflect that certain radiology services are eligible for separate payment under the OPPS. Section 4.05, Non-Covered Services, is amended to clarify that per CMS determination, surgeries performed in ASCs are not expected to result in extensive blood loss; when there is a need for blood products, MaineCare considers this a facility service and no separate charge is permitted. Language is also added to describe in more detail which services and supplies are non-covered and where else these services may be covered in the MBM.
This rule-making also adds a general description of which surgical procedures are approved for delivery in an ASC, deletes components of the all-inclusive rate that were listed twice, more closely aligns reimbursement language with the CMS approved State Plan Amendment, removes the disclaimer that the section is dependent upon approval from CMS because approval has been granted, updates the MaineCare provider website URL, and makes minor formatting edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: February 9, 2016 - 1:00 p.m., Room 401, Cross Office Building, 111 Sewall Street, Augusta, ME 04330. 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 Tuesday, February 2, 2016.
DEADLINE FOR COMMENTS: Comments must be received by midnight Friday, February 19, 2016.
AGENCY CONTACT PERSON / 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 anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA    42, 3173
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: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.45, Crab Fishing Limitations
PROPOSED RULE NUMBER: 2016-P004
CONCISE SUMMARY: In accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for Jonah Crab (August 2015), the Department is initiating proposed rule-making which will implement size and possession limits for Jonah Crabs, as required under the FMP. These new requirements include setting a minimum size of 4.75 inches; making it unlawful to possess egg-bearing, female Jonah crab; making it unlawful to possess mutilated Jonah crabs on board a vessel; and making it unlawful for recreational possession of more than 50 Jonah crabs per person per 24-hour day. In addition, the proposed rulemaking consolidates three pre-existing regional/seasonal limits on crab under the new crab section.
PUBLIC HEARING: February 9, 2016 - 6:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: February 19, 2016. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON / SMALL BURINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024 TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  6171
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 32, Eels: 32.03, Commercial Harvesting Regulations; 32.06, Recreational Eel Harvesting Regulations; 32.30, Elver Gear and Fishing License Lottery; 32.35, Elver Quota System for 2016 Elver Season
PROPOSED RULE NUMBER: 2016-P005
CONCISE SUMMARY: This proposed rule-making establishes the elver quota allocations for the 2016 season for individuals licensed under    6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under 6505-A. 2016 allocations will be the same as the 2015 allocations, minus any quota that was provided due to licenses that were under suspension in 2015, but which are not under suspension in 2016. The proposed rule-making also creates an area closure to the taking of eels and elvers within a portion of the Kennebec River and within Cobbosseecontee Stream in Gardiner, so that Maine DMR can undertake the eel life cycle study required for compliance with the ASMFC fisheries management plan. The elver gear and fishing license lottery has been suspended by the Legislature, so the language regarding the lottery is proposed to be struck, until such time as the lottery is reinstated in law. Finally, there is some reorganization of the chapter to combine the regulations regarding commercial and recreational eel harvesting.
PUBLIC HEARING: February 9, 2016 - 6:15 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: February 19, 2016. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024 TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS    6171, 6505-A
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2016-003
CONCISE SUMMARY: The Office of Professional and Occupational Regulation reduced license fees across a number of regulatory programs and made other program-specific amendments to update the rule due to changes in program statutes and rules. Affected programs are as follows: Board of Accountancy; American Sign Language, English Interpreters and Transliterators; Charitable Solicitations; Board of Chiropractic Licensure; Board of Complementary Health Care Providers; Board of Licensure of Foresters; Board of Funeral Service; Board of Licensure for Professional Land Surveyors; Manufactured Housing Board; Board of Pharmacy; Board of Respiratory Care Practitioners; Board of Social Worker Licensure; and Board of Veterinary Medicine.
EFFECTIVE DATE: January 16, 2016
AGENCY CONTACT PERSON / OPOR RULE-MAKING LIAISON: Holly Doherty, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Holly.Doherty@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Targeted Closures: (6) South Portland Harbor; (15) Vinalhaven & Fox Island Thorofare; and (16) Whiting & Dennys Bays
ADOPTED RULE NUMBER: 2016-004 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Vinalhaven & Fox Island Thorofare and Whiting & Dennys Bays order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2015-16 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in Vinalhaven & Fox Island Thorofare and Whiting & Dennys Bays as authorized by 12 M.R.S.  6171(3). In addition, a correction is needed for the South Portland Harbor Closure to ensure enforceability of this area.
EFFECTIVE DATE: January 16, 2016
AGENCY CONTACT PERSON: Trish Cheney - (207) 624-6554
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.Cheney@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Hannah.Dean@Maine.gov .