March 16, 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: Ch. III Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2016-P024
CONCISE SUMMARY: This proposed major substantive rule seeks to provide a supplemental payment of fifteen (15) percent, in addition to the facility's MaineCare rate, to residential care facilities in remote island locations. Eligible facilities are those located on an island not connected to the mainland by a bridge.
In addition, this rule-making seeks to increase Private Non-Medical Institutions'(PNMI) assisted living reimbursement rate to four (4) percent.
The Department shall seek approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. If CMS approves, the fifteen (15) percent supplemental payments to eligible remote island facilities will be effective retroactive to October 1, 2015. Appendix C and F PNMIs' assisted living reimbursement rate increase of four (4) percent 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: Wednesday, April 6, 2016 - 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 5:00 p.m., on Wednesday, March 30, 2016.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Monday, April 18, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 42 CFR  § § 440.110, 447.201
SUBSTANTIVE STATE OR FEDERAL LAW BING IMPLEMENTED: N/A
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

AGENCY: 16-219 - Department of Public Safety (DPS)
CHAPTER NUMBER AND TITLE: Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
PROPOSED RULE NUMBER: 2016-P025
BRIEF SUMMARY / BASIS STATEMENT: The chapter defines the uniform forensic examination kit to be used by licensed medical facilities and health care practitioners for evidence collection in cases of alleged gross sexual assault. Through this rulemaking, wording changes are being made to the chapter to make it more accurate. In addition, a provision in the chapter is being stricken that allows standardized, statewide forensic examination documentation forms that include information of patients’ assaults, to be substituted for patients’ assault information forms included in the kit, if such documentation forms are available. Finally, the four appendices to the chapter that provide instructions are being replaced in their entirety with four revised appendices.
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: 5 p.m. Monday, 18 April 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Christopher Parr, Maine State Police, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042. Telephone: (207) 624-7200. Fax: (207) 287-3042. TTY: (207) 287-3659. E-mail: Christopher.Parr@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRSA  §2915
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY REGULATIONS WEBSITE: http://www.maine.gov/dps/msp/regulations/index.html .
AGENCY WEBSITE: http://www.maine.gov/dps/ .

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. 7, Implementation of Child Support Guidelines; Ch. 13, Disposition of Proceedings by Settlement, Stipulation or Consent Decision; Waivers
PROPOSED RULE NUMBER: 2016-P026
BRIEF SUMMARY:
Ch. 7: This rule updates the Maine Child Support Enforcement Manual to clarify the decision-making process for imputing income to certain non-custodial parents, and the burden of persuasion when requesting a deviation in the child support amount; and updates the rule to reflect recent statute changes.
Ch. 13: A simple method of allowing parents to modify their support order while the obligor is incarcerated will cut down on the number of unnecessary hearings, saving scarce Department funds and resources.
PUBLIC HEARING: None
COMMENT DEADLINE: April 15, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel - DHHS, 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 FOR THIS RULE: 22 MRS  §42(1); 19-A MRS  § § 2001, 2006 and 2007; 5 MRS  §9053(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
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, Rule 278P
PROPOSED RULE NUMBER: 2016-P027
BRIEF SUMMARY: This rule proposes to make revisions to several Parts of Ch. 332, MaineCare Eligibility Manual. Most of the revisions have been proposed in order to provide more clarity, correct typographical errors, or delete outdated references to the current MaineCare Eligibility rule. The remainder of the revisions have been proposed in order to comply with federal requirements (i.e., increasing the noticing requirement from 12 to 15 days, increasing to 90 days the time in which one can complete a review form, and excluding income tax refunds as a countable asset for 12 months from receipt).
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: April 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE:
22 MRS  § § 42(1), 3173
42 CFR  §431.231(c)(2)
42 CFR  §431.916(a)(3)(i)(B)
42 CFR  §431.916(a)(3)(iii)
42 CFR  §457.805
American Taxpayer Relief Act of 2012
PL 2005 ch. 12  §DDD-12
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Not applicable
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 701, Rules Governing Animal Welfare
ADOPTED RULE NUMBER: 2016-035
CONCISE SUMMARY: Over the past few years there have been changes to the way animals are kept in shelters. New advances in shelter medicine and animal behavior have changed how the different problems are solved within the shelter system. These rule changes reflect these improvements.
* Creates new definitions for: Housing facilities, impervious surfaces and Veterinarian of Reference
* Requires all facilities to use their license number on advertisements
* Improves record keeping for fostering agreements, pharmaceutical records and importation records
* Prevents dangerous animals that are a risk to public safety from being adopted out
* Changes a solid type of material to an impervious surface
* Improves controlled substances controls
* Ensures proper medical waste disposal
* Ensures isolation areas for imported animals
* Removes the veterinarian exemption for the rules of animal shelters and boarding kennels
EFFECTIVE DATE: March 12, 2016
AGENCY CONTACT PERSON: Mari Wells-Eagar, Rule-making Liaison, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/index.shtml .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 380 (New), Provider Profiling Disclosures
ADOPTED RULE NUMBER: 2016-036
CONCISE SUMMARY: This rule establishes requirements relating to the disclosure of data by health carriers to health care providers regarding profiling programs used by the carriers. Provider profiling is used by health care carriers to rank providers on the basis of quality, cost or efficiency and may be used by carriers to create incentives for health plan enrollees to seek treatment from particular providers.
EFFECTIVE DATE: March 12, 2016
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 .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 180, Insurance Holding Company System Model Rule
ADOPTED RULE NUMBER: 2016-037
CONCISE SUMMARY: This proposal updates the current rule in light of 2013 PL c. 238. The changes track the National Association of Insurance Commissioners Model Rule and are necessary to allow the Maine Bureau of Insurance to maintain national accreditation.
EFFECTIVE DATE: March 13, 2016
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 .

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: Ch. III Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2016-038 (Emergency)
CONCISE SUMMARY: This emergency major substantive rule seeks to provide a supplemental payment of fifteen (15) percent, in addition to the facility's MaineCare rate, to residential care facilities in remote island locations. Eligible facilities are Appendix C PNMIs located on an island not connected to the mainland by a bridge.
In addition, this rule seeks to increase Appendix C and F Private Non-Medical Institutions' assisted living reimbursement rate by four (4) percent.
The Department shall seek approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. If CMS approves, the fifteen (15) percent supplemental payments to remote island facilities will be effective retroactive to October 1, 2015. Appendix C and F PNMIs' assisted living reimbursement rate increase of four (4) percent will be effective retroactive to July 1, 2015.
This emergency major substantive rule will remain in effect for up to one year or earlier if the Legislature approves the provisionally adopted major substantive rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 8, 2016
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 94-591 – Motor Carrier Review Board (administered by 29-250 - Secretary of State, Bureau of Motor Vehicles)
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers
ADOPTED RULE NUMBER: 2016-039
CONCISE 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;
1. Reviewing 10 carriers initially instead of 20 including;
2. Up to 5 carriers initiated from the State Police regardless of severity rating;
3. 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.
EFFECTIVE DATE: March 14, 2016
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCIES:
02-373 - Board of Licensure in Medicine
02-392 - Board of Pharmacy
CHAPTER NUMBERS: Ch. 5 (Board of Licensure in Medicine); Ch. 39 (Board of Pharmacy)
CHAPTER TITLE: Collaborative Drug Therapy Management (new joint rule for both boards)
ADOPTED RULE NUMBERs: 2016-040, 041
CONCISE SUMMARY: In this rule-making, the Board of Licensure in Medicine and the Board of Pharmacy adopted a joint rule on collaborative drug therapy management as authorized by PL 2013 c. 308, An Act to Allow Collaborative Practice Agreements between Authorized Practitioners and Pharmacists
EFFECTIVE DATE: March 14, 2016
AGENCY CONTACT PERSON: Geraldine Betts, Administrator, c/o Board of Pharmacy, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
WEBSITES: http://www.maine.gov/md/ (Medicine); http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html (Pharmacy)

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2016-042
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the Commission’s Underground Facilities Damage Prevention Requirements rule (Ch. 895) pursuant to recently enacted legislation (PL 2015 ch. 213).
EFFECTIVE DATE: March 14, 2016
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 .
PUC WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@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: Ch. II & III Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
ADOPTED RULE NUMBER: 2016-043
CONCISE SUMMARY: This rule adoption effectuates rate increases as well as adjustments to monthly caps for Section 19 services.
First, the Department adopts reimbursement rate increases under Ch. III Section 19, for the following services: (1) Attendant Care Services (Personal Care Services, Participant Directed Option), billing code S5125, from $2.93 per quarter hour to $3.21 per quarter hour; and (2) Personal Care Services (Agency PSS), billing code T1019, from $3.75 per quarter hour to $4.10 per quarter hour. So as to not adversely affect members’ receipt of services as a result of these rate increases, the Department is also adopting an increase in the monthly cap for services under Ch. II from $4,200/month to $4,603/month. These changes have been made retroactive to July 1, 2015, in conjunction with the state’s biennial budget, Public Law 2015 ch. 267 (702 – L.D. 109) (Sec. A-32), and pursuant to 22 MRS  §42(8). In addition to engaging in routine rulemaking, the Department also adopted these changes to Ch. II and III on an emergency basis on October 28, 2015, with an effective date retroactive to July 1, 2015.
Second, the Department adopts a rate increase in Ch. III Section 19, for Adult Day Health Services, billing code S5100, from $2.34 to $3.14 per quarter hour. This rate increase is retroactive to November 1, 2014, pursuant to 22 MRS  §42(8), and is consistent with the rates for the same services provided under the MaineCare Benefits Manual, Ch. III Section 26, “Day Health Services”, as well as under the state-funded Office of Aging and Disability Services rule, 10 CMR 149 ch. 5 section 61, “Adult Day Services”. To avoid adversely impacting members, costs for Section 19 Adult Day Health services will no longer be counted towards the monthly program cap in Ch. II retroactive to November 1, 2014.
Section 19 services are governed by a Section 1915(c) waiver approved by the Centers for Medicare and Medicaid Services (CMS). The Department is in the process of submitting a waiver amendment for approval by CMS that reflects these rate increases.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 15, 2016
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). Email: Andrew.Hardy@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .