April 13, 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 for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rule #283: Chart 6, 2016 Updated Federal Poverty Level
PROPOSED RULE NUMBER: 2016-P042
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 proposed rule is designed to capture such changes in the updated State rules.
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: May 13, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Lea Studholme, 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) 624-4106. TTY: Maine Relay 711. E-mail: Lea.Studholme@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173, 3174 et seq.; 42 USC  § § 1396a, 9902(2)
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 (MBM): Ch. II & III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2016-P043
CONCISE SUMMARY: The purpose of this rule is to comply with Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Adult Family Care Homes in Remote Island Locations. This law went into effect on July 12, 2015 without the Governor’s signature. This rule seeks to implement a supplemental payment to Adult Family Care Homes located on an island not connected to the mainland by a bridge. The supplement payment to eligible Adult Family Care Homes represents a fifteen (15) percent rate increase from the MaineCare rate as established in Ch. III.
The Department is seeking approval from the Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment. Pursuant to 22 MRSA  §42(8), if CMS approves, the supplemental payment for Adult Family Care Homes that satisfy the definition of “remote island facility” will be effective retroactive to October 1, 2015. A Change in Reimbursement Methodology Notice was published on September 30, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: May 4, 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 April 27, 2016.
DEADLINE FOR COMMENTS: Comments must be received by midnight, May 16, 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: 22 MRSA  §3173; Resolves 2015 ch. 45.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

ADOPTIONS

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 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2016-059 (Emergency)
CONCISE SUMMARY: This adopted rule implements Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Adult Family Care Homes in Remote Island Locations. This law went into effect on July 12, 2015 without the Governor’s signature. This rule-making implements supplemental payment representing a fifteen (15) percent rate increase, from the MaineCare rate, to Adult Family Care Homes that satisfy the definition of a “remote island facility.”
The Department is seeking approval from the Center for Medicare and Medicaid Services (CMS) for a State Plan Amendment. Pursuant to 22 MRS  §42(8), if CMS approves, the supplemental payment for Adult Family Care Homes that satisfy the definition of “remote island facility” will be effective retroactive to October 1, 2015. A Change in Reimbursement Methodology Notice was published on September 30, 2015.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 5, 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 LIASON: Kevin.Wells@Maine.gov .

AGENCIES: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #105A: Ch. IV, Budgeting Process; Ch. V, Post TANF Benefits; Appendices
ADOPTED RULE NUMBER: 2016-060
CONCISE SUMMARY: This rule implements the amendment and additions of 22 MRS  § § 3762(3)(B)(7-A), 3762(8)B and by PL 2015 ch. 267 Pt.  § § RRRR-2 and RRRR-3, thereby this rule seeks to adopt the following:
a) Eliminate the Gross Income Test for ongoing TANF cases. The Gross Income Test will be used for applicants only. The test for ongoing recipients will be the Standard of Need (SON). This rule change is necessary to conform regulations with the new statutory requirement.
b) Increase the duration of the Transitional Assistance Program for transportation costs from twelve (12) months to eighteen (18) months to meet employment related travel costs where the recipient lost TANF eligibility due to employment. While the increase from 12 to 18 months is statutorily compelled, the Department has elected to set the maximum daily reimbursement cap during months thirteen (13) through eighteen (18) to fifteen dollars ($15.00) per day. The purpose in reducing the maximum daily cap in the last six months of the program is to gradually decrease the subsidy in an effort to transition the recipient from public benefits to self-sufficiency.
There will not be any adverse impact on small businesses or any cost to municipalities or counties as a result of implementing this rule.
EFFECTIVE DATE: April 10, 2016
CONTACT INFORMATION: Dawn Mulcahey, TANF 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) 624-4109. TTY: Maine Relay 711. E-mail: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 40, Rule for Medication Administration in Maine Schools
ADOPTED RULE NUMBER: 2016-061 (Final adoption, major substantive)
CONCISE SUMMARY: Revisions to address the guidelines and emergency administration of epinephrine autoinjectors pursuant to state statute 20-A MRSA  §6305(1-9).
EFFECTIVE DATE: May 11, 2016
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333-0023. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .