April 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), Maine CDC - Division of Licensing and Regulatory Services (DLRS)
CHAPTER NUMBER AND TITLE: Ch. 150, Rules for Hospital Financial Assistance Policies Governing Free Hospital Services (formerly Free Care Guidelines)
PROPOSED RULE NUMBER: 2016-P044
BRIEF SUMMARY: This proposed rule aligns rules governing eligibility for free hospital services and the federal Affordable Care Act (ACA). Individuals at or below 100% of the federal poverty level (FPL) may be financially eligible for free hospital services. Hospitals must calculate financial eligibility using the “Modified Adjusted Gross Income” (MAGI) methodology set out in the MaineCare Eligibility Manual, including Part 17.5 as required by the ACA. Currently, eligibility for free hospital services is based on income at or below 150% FPL. Each hospital must have a financial assistance policy governing free hospital services that complies with these rules.
The proposed rules are posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml . Call (207) 287-9300 to request a paper copy by mail.
PUBLIC HEARING: 9:00 a.m. on May 10, 2016 at Room 16, Key Bank Plaza, 286 Water Street, Augusta, Maine
COMMENT DEADLINE: May 23, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tera Pare, Rulemaking Coordinator, Maine CDC, #11 State House Station, 286 Water Street, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TDD: Maine Relay 711. E-mail: Tera.Pare@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposed rule is not expected to yield new costs for municipal or county governments.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  1716 (Charity Care Guidelines); 22 MRS  42; 22-A MRS  205
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: The proposed changes align hospital free service policies with the federal Affordable Care Act.
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs
PROPOSED RULE NUMBER: 2016-P045
BRIEF SUMMARY: The Commissioner proposes this rule-making for the implementation of conservation measures regarding razor clams in order to protect the razor clam resource and to prevent the use of certain harvest methods that have been shown to have possibly detrimental effects on razor clam resources and fishermen. Specifically, this rule-making proposes to put in place size restrictions on razor clams and to prohibit the use of harvesting techniques that use electricity or electrical fields. Electricity based harvest methods have been shown to cause injury to razor clams of sublegal size by exposing them to greater predation threats. In addition, the impacts and risks posed to human divers that typically work alongside electricity based harvesting equipment is unknown. Finally, the proposed rule adds clarifying sections on minimum size tolerance for Quahogs under Section 10.04.
PUBLIC HEARING: May 11, 2016 at 5:30 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: May 21, 2016
CONTACT PERSON FOR THIS FILING / 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: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS    6171, 6171-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2016-062
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing the season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2016 - 2017 Migratory Bird Hunting season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person or online at www.maine.gov/ifw and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: April 16, 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

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. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2016-063
CONCISE SUMMARY: This adopted rule removes the Telehealth section from Ch. 101, MaineCare Benefits Manual, Ch. I Section 1, “General Administrative Policies and Procedures” concurrent with the implementation of Ch. 101, MaineCare Benefits Manual, Ch. I Section 4, “Telehealth Services”.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 16, 2016
AGENCY CONTACT PERSON: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
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: Ch. I Section 4, Telehealth Services
ADOPTED RULE NUMBER: 2016-064
CONCISE SUMMARY: This adopted rule develops a new standalone Telehealth policy, as opposed to a subsection of Ch. I Section 1, as it was previously. This rule adoption follows the Legislature passing LD 1596 in 2014. LD 1596 directed the Department to “convene a working group to review the MaineCare rules regarding the definition of telehealth and the technologies used for provider patient interaction involving MaineCare patients” and to amend its rules regarding telehealth based upon the review by the working group.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 16, 2016
AGENCY CONTACT PERSON: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey (Spring and Fall Seasons)
ADOPTED RULE NUMBER: 2016-065
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended rules pertaining to spring and fall wild turkey hunting. Language has been adopted as it applies to the spring season in WMDs 1-6 to remove specific dates for the A and B split season and create consistent language to set annual season dates. Language has also been adopted as it applies to the Youth Spring Turkey Day to eliminate specific age reference and conform to junior hunting license laws. In accordance with Title 12, Section 11701, Subsection 2, the fall season has been amended to allow for an additional week of hunting in November and has been set for October 1 to November 7 annually in those zones open to fall turkey hunting.
EFFECTIVE DATE: April 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 25, Leashed Dog Tracking Permit
ADOPTED RULE NUMBER: 2016-066
CONCISE SUMMARY: In accordance with PL 2015 ch. 90, the Commissioner of Inland Fisheries and Wildlife has amended rules as they apply to the leashed dog tracking permit. The previous use of “license” has been amended to “permit” to be consistent with law; licensed hunting guides will be exempted from the permit process, and the number of dogs that can be used when tracking bear, deer or moose will be limited to one (1).
A complete copy of the rule can be obtained from the Agency Rule-making Contact Person listed below.
EFFECTIVE DATE: April 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 20, Taxidermy License
ADOPTED RULE NUMBER: 2016-067
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended taxidermy license rules to update language and formatting, specify criteria and establish record keeping and completion requirements for current license holders. The Department has added language that will require taxidermy license holders to adhere to competency standards when work is performed for customers or they may be held incompetent or negligent in the practice of taxidermy.
A complete copy of the rule can be obtained from the Agency Rule-making Contact Person listed below.
EFFECTIVE DATE: April 18, 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 .
IFW WEBSITE: http://www.maine.gov/ifw/ .

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. III Section 12, Allowances for Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2016-068
CONCISE SUMMARY: This adopted rule increases the reimbursement rate for Attendant Care Services under Ch. III Section 12 to $2.93 per quarter hour. This increase is a result of Resolves 2015 ch. 50, To Increase the Reimbursement Rate for Direct-care Workers Serving Adults with Long-term Care Needs. The Department is seeking approval from the Centers for Medicare and Medicaid Services for this rate increase, with an effective date retroactive to October 1, 2015.
In addition to the rate increase, outdated procedures codes (S5125, S5125 TF and S5125 TG) have been removed from Ch. III, since a single procedure code (S5125 U2) is used for all three levels of service. The three levels of care are based on hours of need, as determined by the assessment process, and remain referenced in Ch. II Section 12.
References to the Maine Integrated Health Management Solution (MIHMS), which was implemented on September 1, 2010, have also been removed from Ch. III. Procedure codes H2014, G9001, and G9002 have not been utilized since that time.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 18, 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 .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2016-069
CONCISE SUMMARY: The amendments update the existing rule for consistency with Affordable Care Act requirements and procedures with the goal of providing simplification for reporting carriers.
EFFECTIVE DATE: April 19, 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/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .