March 23, 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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions Regulation
PROPOSED RULE NUMBER: 2016-P028
BRIEF SUMMARY: The Department is proposing to amend Ch. 100 to: 1) explicitly identify NOx as a precursor to ozone in the definition of “regulated pollutant” in section 149; and 2) replace a reference to “NO2” with “NOx” in the footnote of the definition of “significant emission increase” in section 156. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: April 22, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DEP RULE-MAKING LIAISON: Jeffrey Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULE-MAKING WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 501, Stormwater Management Compensation Fees and Mitigation Credit
PROPOSED RULE NUMBER: 2016-P029
BRIEF SUMMARY: Table 2 of Ch. 501 indicates the on-site or off-site mitigation credit earned by a mitigation project in the direct watershed of an urban impaired stream for a variety mitigation activities. The Department is proposing to revise Table 2 to more accurately reflect the effectiveness of different mitigation activities on each of the following sites: 1) Road or high use parking lots; 2) Medium use parking lots; 3) Other parking lots; 4) Roof or impervious areas; and 5) Landscaped areas.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, email or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: April 22, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DEP RULE-MAKING LIAISON: Jeffrey Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  420-D(11)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULE-MAKING WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 501, Eligibility of M.S.R.S. Members to Apply for Disability Retirement Benefits
PROPOSED RULE NUMBER: 2016-P030 (Repeal)
BRIEF SUMMARY: MainePERS is proposing the repeal of this rule because of its limited applicability and because it causes confusion for members as to their eligibility for disability benefits. The statute provides the necessary guidance for the few active members still covered by Ch. 1122 disability benefits.
PUBLIC HEARING: None
COMMENT DEADLINE: April 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MainePERS RULE-MAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, Maine 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3108. Fax: (207) 512-3282. E-mail: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS    1031(5), 17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainepers.org .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 508, Disability Retirement under 5 MRSA  1122 as in Effect Prior to July 1, 1977
PROPOSED RULE NUMBER: 2016-P031 (Repeal)
BRIEF SUMMARY: MainePERS is proposing the repeal of this rule because of its limited applicability and because it causes confusion for members as to their eligibility for disability benefits. The statute provides the necessary guidance for the few active members still covered by Chapter 1122 disability benefits.
PUBLIC HEARING: None
COMMENT DEADLINE: April 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MainePERS RULE-MAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, Maine 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3108. Fax: (207) 512-3282.-E-mail: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS    1122, 17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainepers.org .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan
PROPOSED RULE NUMBER: 2016-P032
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule incorporate a statutory change enacted by PL 2013 c. 602 - specifically, the ability for participating local districts to elect to amend the retirement plan by which they cover their emergency medical services employees.
PUBLIC HEARING: None
COMMENT DEADLINE: April 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MainePERS RULE-MAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, Maine 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3108. Fax: (207) 512-3282. E-mail: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS    17103(4), 18801
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.mainepers.org .

AGENCY: 18-125 – Department of Administrative & Financial Services, Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
PROPOSED RULE NUMBER: 2016-P033
BRIEF SUMMARY: Maine Revenue Services (MRS) is proposing to amend Rule 603 (“Maine Estate Tax after 2012”). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2013. In addition to miscellaneous technical changes, MRS is amending an incorrect section reference to the Internal Revenue Code.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@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: 18-125 – Department of Administrative & Financial Services, Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2016
PROPOSED RULE NUMBER: 2016-P034
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 202 (“Tree Growth Tax Law Valuations - 2016”). The rule is being replaced to provide updated valuation rates for each forest type by region.
PUBLIC HEARING: None
COMMENT DEADLINE: April 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The valuation amounts for the Tree Growth Tax Law program vary from year to year, which impacts the property tax assessed on land in the program. Fluctuations in local taxes due to valuation changes in this program are partially offset by reimbursement and state subsidy provisions.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

ADOPTIONS

AGENCY: 09-137- Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (Early Open Water Fishing Season)
ADOPTEDRULENUMBER: 2016 044 (Emergency)
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife, in accordance with Title 12  12456 sub- 2(E), has amended the Open Water and Ice Fishing Regulations to allow bodies of water that were closed to open water fishing until April 1, 2016 to become open to open water fishing effective March 17, 2016. The early open water fishing season does not apply to waters with special open water season opening dates starting after April 1, 2016. This rule does not close any body of water currently open to ice fishing or open any water to ice fishing that is currently closed to ice fishing.
All waters with S-10 (Remains open to open water fishing from October 1-November 30: (Closed to open water fishing from December I-March 31) and "CO" (Closed to open water fishing from October I-March 31) designations will also be open to fishing. All other S-codes, tackle restrictions, daily bag, possession and length limits still apply as listed. Please check the 2016 Open Water & Ice Fishing Regulations Booklet for individual bodies of water.
Based on earlier-than-normal open water availability the Commissioner has determined that an early opening of the open water fishing season will enhance fishing opportunities for anglers.
EFFECTNEDATE: March 17, 2016
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 208, Rules for the Selection of Interchange and Supplemental Guide Signs
ADOPTEDRULENUMBER: 2016-045
CONCISE SUMMARY: This new rule chapter implements Title 23  1912-C (PL 2013 ch. 549  3), which granted MaineDOT the authority to place interchange guide signs on the interstate system to guide travelers to destinations of local, regional and statewide interest. The purpose of these rules is to regulate the installation and selection of Interchange and Supplemental Guide Signs on portions of the interstate highway system.
These rules establish the size, shape, manner and location of Interchange and Supplemental Guide signs and describe the eligibility for any entity to formally request the Department to erect an Interchange or Supplemental Guide Sign. Eligible entities will be major colleges and universities, major military installations, Federal and state Parks, major recreational areas, airports & other transportation facilities and veterans memorials and cemeteries.
The new rules incorporate national standards that address each of the following: sign spacing, sign content, and criteria for types of destinations warranting signs; give greater flexibility to stay current with signage (many of the signs currently mandated by the Legislature were created in 1957 and the state's most frequently visited areas may have changed a bit since then and some of the specific destinations on currently mandated signs no longer exist); minimize the number of signs and the lines of text on signs to increase their effectiveness for motorists and increase highway safety; define standards for categories of destinations which could qualify for signs and distance from interchange I attendance requirements for those destinations; make clear that any specific service or attraction that qualifies for a logo sign will not be eligible for a supplemental guide sign; and include a category for Major Recreational Areas designed to allow signage for those destinations most often sought by visitors to Maine, allowing these areas to be signed (this category will be flexible; allowing transportation agencies to develop criteria that will ensure this signage is kept current; MaineDOT and MTA are working with the Bureau of Tourism in developing this criteria).
EFFECTIVE DATE: March 21, 2016
AGENCY CONTACT PERSON: Bill Akins, Legal Administrator, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
MaineDOT WEBSITE: http://www.maine.gov/mdot/ .
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF) (in association with 01-015, Maine Milk Commission – MMC)
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTEDRULENUMBER: 2016-046
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, is amended to reflect the estimated administrative costs of operating the pool for the remainder of calendar year 2016. The rate for 2016 will be $0.01/cwt.
EFFECTIVE DATE: April 11, 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 .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 110, Urban Compact Area Definition Rule
ADOPTED RULE NUMBER: 2016-047
CONCISE SUMMARY: This new rule establishes the procedures by which the Department will set urban compact boundaries around urban compact areas as defined by 23 MRSA  754 and  2. The technical criteria set forth in this rule will allow us to produce a more thorough and justifiable determination.
The adoption of these rules is authorized by 23 MRSA  52 and 23 MRSA  4206(5). These are routine technical rules.
EFFECTIVE DATE: March 21, 2016
AGENCY CONTACT PERSON: William Akins, Legal Administrator, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
MaineDOT WEBSITE: http://www.maine.gov/mdot/ .
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@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 17, Community Support Services, and Allowances for Community Support Services
ADOPTED RULE NUMBER: 2016-048
CONCISE SUMMARY: The Department adopts this rule to effectuate the following changes:
1. The Table of Contents has been updated to reflect new page numbers and includes 17.01-18, Primary Diagnosis.
2. List of Definitions now includes:
a. Primary Diagnosis, 17.01-18 which now reads “for the purposes of this policy, primary diagnosis shall mean the diagnosis that results in qualifying functional deficits.” In response to public comments, Primary Diagnosis has been added to clarify 17.02-3 Specific Requirements for eligibility.
b. 17.01-5, Clinician now reads “is an individual appropriately licensed or certified in the state or province in which he or she practices, practicing within the scope of that licensure or certification, and qualified to deliver treatment under this section. A clinician includes the following: Licensed Clinical Professional Counselor (LCPC); Licensed Clinical Professional Counselor-conditional (LCPC-conditional); Licensed Clinical Social Worker (LCSW); Licensed Master Social Worker conditional (LMSW-conditional clinical); physician; psychiatrist; Advance Practice Registered Nurse Psychiatric and Mental Health Practitioner (APRN-PMH-NP); Advance Practice Registered Nurse Psychiatric and Mental Health Practitioner (APRN-PMH-CNS); Physician Assistant (PA); or licensed psychologist. Clinical has been removed from Licensed Clinical Psychologist as it appeared in proposed language, as suggested by a commenter.
c. 17.01-21, Substance Abuse Counselor now reads “means an individual who is licensed by the Maine State Board of Alcohol and Drug Counselors as a Certified Alcohol and Drug Counselor (CADC), Licensed Alcohol and Drug Counselor (LADC); or an Advanced Practice Registered Nurse (APRN), Licensed Physician (MD or DO), Physician Assistant (PA), Licensed Psychologist, Licensed Clinical Social Worker (LCSW), Licensed Clinical Professional Counselor (LCPC), or Licensed Marriage and Family Therapist (LMFT), who has a minimum of one (1) year of clinical experience providing substance abuse treatment. Physician Assistant has been added to this definition based on public comment.
3. 17.02-3(A)(2) Specific Requirements for Eligibility now reads “has a written opinion from a clinician, based on documented or reported history, stating that he/she is likely to have future episodes, related to mental illness, with a non-excluded DSM 5 diagnosis, that would result in or have significant risk factors of homelessness, criminal justice involvement or require mental health inpatient treatment greater than 72 hours, or residential treatment unless community support program services are provided; based on documented or reported history; for the purposes of this section, reported history shall mean an oral or written history obtained from the member, a provider or caregiver; or…” The additional language of “significant risk factors: and “reported history” have been included to clarify eligibility criteria based on comments received.
4. 17.02-3(A)(2)(f), As a result of comments, the Department changed the eligibility criteria to make it a less restrictive criteria (more generous to recipients). The changed provision now reads “until the age of 21, the recipient was eligible as a child with severe emotional disturbance, and the recipient has a written opinion from a clinician, in the last 12 months, stating that the recipient had risk factors for mental health inpatient treatment or residential treatment, unless ongoing case management or community support services are provided.” The proposed language read “and the recipient has a written opinion from a clinician, in the last 12 months, stating that he/she is reasonably likely to have future episodes requiring mental health inpatient or residential treatment, unless ongoing case management or community support services are provided,” and thus was more restrictive.
5. 17.02-3(B), now reads: “Has significant impairment or limitation in adaptive behavior or functioning directly related to the primary diagnosis and defined by the LOCUS or other acceptable standardized assessment tools approved by the Department.” This language was added to clarify the need for significant impairment or limitation in adaptive behavior or functioning as it relates to the primary diagnosis.
6. 17.02-4(C), now reads: “For Community Integration Services, only, verify that a member meets specific Eligibility Requirements under 17.02-3 within thirty (30) days of the start date of services. If Eligibility Verification is not submitted by close of business on day thirty (30), MaineCare will cease paying for services, under this section, on day thirty one (31).” In response to public comments indicating that the proposed language was confusion additional language has been included.
7. 17.04-3, Assertive Community Treatment ( Medication services), now reads: “capacity to administer medications daily in a member’s home or community by an appropriately licensed/certified ACT team professional.” In response to public comment “CRMAs are allowed to administer medications as delegated by the RN or other licensed medical providers” has been removed.
8. 17.07-1(B), now reads: “A psychologist who is a licensed psychologist by the Maine Board of Examiners of Psychologists or by the state or province where services are provided, as documented by written evidence from that Board.” Proposed language read “a licensed clinical psychologist”. In response to public comment clinical has been removed.
9. 17.07-1(J), now reads: “A registered nurse, under the direction of a psychiatrist, who is a graduate of an accredited nursing program and holds a valid license to practice in the state or province in which services are to be provided.” Proposed language read “a registered nurse, under the supervision of a psychiatrist”. In response to public comment “under the supervision” has been changed to “under the direction of”.
10. Changing the eligibility so that individuals with a sole diagnosis of either autism or intellectual disability (“neurodevelopmental disorders”), are no longer eligible for Section 17 services. However, individuals with neurodevelopmental disorders who also have a qualifying or co-occurring diagnosis, would remain eligible for Section 17 services.
11. Deletion of AMHI Consent Decree Class Member as a stand-alone criterion for eligibility to receive Community Integreation Services.
12. Deletion of Intensive Case Management as a covered service.
13. Exceptions for face to face visit requirements through Assertive Community Treatment includes:
a. All attempts to reach and meet with the member, including if the member was unavailable or the contact occurred through a closed door.
b. Contacts to transition the member to another level of care.
c. Variations in the number of weekly face-to-face contacts i.e. two (2) contacts in one week and four (4) the next.
In response to public comment, “contacts assessed to be clinically inappropriate” has been removed as an exception.
Changes made to the eligibility for Section 17 services were made so that only those individuals for whom Section 17 was clinically appropriate would be eligible. Section 17 services are designed to serve those most in need of intensive support. The Department believes that some of the individuals currently receiving Section 17 services are more appropriately served under other sections of the MaineCare manual, such as Section 65 (Behavioral Health Services), or Section 21 (Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder), Section 29 (Support Services for Adults with Intellectual Disabilities or Autistic Disorder), or Section 92 (Behavioral Health Homes).
The Department carefully evaluated the need for changes to Section 17 rule and spent nearly a year meeting with a group that included a psychiatrist and other clinicians. The Department spent a great deal of time reviewing and discussing clinical criteria for the appropriate treatment of individuals with severe mental illness and concluded that treating individuals with mild or moderate mental illness (individuals with conditions such as anxiety, mild or moderate depression, and PTSD) with the types of community supports provided in Section 17 is not clinically appropriate and can even be counter indicated. These individuals are better served with counseling and/or medication, and those services are available in Section 65, or through the holistic support provided in the Behavioral Health Home model, Section 92. Individuals with severe and persistent mental illness do benefit from intensive community supports, and they will remain eligible for these Section 17 services. The Department determined that it was in the best interest of the MaineCare population to make these changes to the eligibility criteria. As such, the Department tailored the eligibility criteria to meet the needs of the individuals for whom Section 17, is clinically appropriate.
Intensive Case Management services were deleted because the Department determined after conducting studies, that this service was not being utilized. Case Management services continue to be available under Section 13.
The Department deleted the status of an AMHI Consent Decree class member as a stand-alone criterion for eligibility for Section 17 Community Integration services, because that is not a standard recognized or authorized in federal Medicaid law or regulation. It is likely that there will be many Consent Decree class members who will remain eligible for Section 17 Community Integration services. For those class members who will no longer be eligible for Section 17 Community Integration services, the Department acknowledges its duty to provide services required under the Consent Decree, as provided and funded through non-MaineCare state contracts.
The fiscal impact of this rule-making is largely indeterminable. While the Department is unable to estimate how many recipients will no longer be eligible for Section 17 services because of these rule changes, the Department also cannot accurately predict how many of those recipients will seek out other services most notably Section 92, Behavioral Health Homes and Section 65, Behavioral Health Services, or Section 29 Community Support Services for Adults with Intellectual Disabilities or Autistic Disorders. In additions, regarding the Consent Decree, if individuals in this group do not meet Section 17 Community Integration eligibility criteria, they will no longer be eligible for Section 17 Community Integration services. However, they would remain eligible to receive Community Integration services, as required by the Consent Decree, and as provided and funded through non-Medicaid state contracts.
It is anticipated that this rule-making will not impose any costs on municipal or county governments, or on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: March 22, 2016
AGENCY CONTACT PERSON: Heidi Bechard, 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: 711 (Deaf/Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE:
Ch. 11, Scallops:
11.22, Targeted Closures:
(21) Inner Machias Area
(22) Wohoa / Western Bay
(23) Gouldsboro / Dyer Bay
(24) Upper Blue Hill Bay / Union River
(25) Eggemoggin Reach / Southeast Harbor
(26) Lower Jericho Bay
(27) Casco Bay
ADOPTED RULE NUMBER: 2016-049 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in the Inner Machias Area, Wohoa/Western Bay Rotational Area, Gouldsboro/Dyers Bay Rotational Area, Upper Blue Hill Bay/Union River Rotational Area, Jericho Bay Area, Eggemoggin Reach/Southeast Harbor Rotational Area and Casco Bay (hand harvest by scuba diving allowed) in order to protect Maine’s scallop resource due to the risk of imminent depletion and unusual damage. While scallop populations are indicating signs of recovery in some areas of the state, the Department is concerned that unrestricted harvest during the remainder of the 2015-16 fishing season in these specific areas 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 the Inner Machias Area, Wohoa/Western Bay Rotational Area, Gouldsboro/Dyers Bay Rotational Area, Upper Blue Hill Bay/Union River Rotational Area, Jericho Bay Area, Eggemoggin Reach/Southeast Harbor Rotational Area and Casco Bay (hand harvest by scuba diving allowed), as authorized by 12 MRS  6171(3).
EFFECTIVE DATE: March 20, 2016
AGENCY CONTACT PERSON: Trish Cheney, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6554. 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/index.htm .
DMR RULE-MAKING LIAISON: Trisha.Cheney@Maine.gov .