June 15, 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: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 201, Provider of Last Resort Service Quality
PROPOSED RULE NUMBER: 2016-P071
BRIEF SUMMARY: Pursuant to 35-A MRS  §7225-A and Section 6 of PL 2015 ch. 462, An Act to Increase Competition and Ensure a Robust Information and Telecommunications Market, the Public Utilities Commission initiates a rule-making to amend Ch. 201 of the Commission's Rules.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: July 18, 2016. Written comments on the proposal to amend this rule may be filed using the Public Utilities Commission’s case management system no later than July 18, 2016. All comments will appear in the Commission’s case management system which is accessible from the Commission’s website. Please refer to the Docket Number of this proceeding, Docket No. 2016-00095, when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MPUC RULE-MAKING LIAISON: Jamie Waterbury, PUC, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 101, 111, 7225, 7225-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .

AGENCIES:
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 6, Telemedicine Standards of Practice (new joint rule for both Boards)
PROPOSED RULE NUMBER: 2016-P072, P073
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Osteopathic Licensure propose a new joint rule to establish standards for the practice of medicine using telemedicine in providing health care. The proposed rule defines terms and sets forth practice guidelines, including provisions regarding establishing a physician-patient relationship in the telemedicine setting, technology requirements for physicians using electronic communications, and maintaining privacy and security. The text of the proposed rule may be obtained from www.maine.gov/md or www.maine.gov/osteo .
PUBLIC HEARING: none planned
COMMENT DEADLINE: Friday, July 15, 2016 at 5:00 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3605. Fax (207) 287-6590. E-mail: Dennis.Smith@Maine.gov .
Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333. Telephone: (207) 287-2480. Fax (207) 536-5811. E-mail: Susan.E.Strout@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 3269(3), 3269(7) (Board of Licensure in Medicine); 32 MRS  §2562 (Board of Osteopathic Licensure)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITES: www.maine.gov/md (Board of Licensure in Medicine); www.maine.gov/osteo (Board of Osteopathic Licensure)
AGENCY RULE-MAKING LIAISONS:
Maureen.S.Lathrop@Maine.gov (Board of Licensure in Medicine); Susan.E.Strout@Maine.gov (Board of Osteopathic Licensure)

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBERS AND TITLES: amendment to Ch. 191, Health Maintenance Organizations, and repeal of rule Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBERS: 2016-P074, P075
BRIEF SUMMARY: Much of current Rule Ch. 750 has been rendered obsolete by 2011 PL c. 90 and by the federal Affordable Care Act. The purpose of this rule-making is to repeal Ch. 750 and to incorporate remaining relevant provisions into Ch. 191 in a manner consistent with 2011 PL c. 90 and with the ACA. The proposal also updates Ch. 191, particularly as to financial requirements applicable to HMOs.
PUBLIC HEARING: July 7, 2016 at 2:00 p.m., Kennebec Room, Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: July 22, 2016 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS  § § 212, 4203-A(1), 4218, 4222-A, 4309.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/
. BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBERS AND TITLES: Ch. 950, Navigator Certification and Training for Health Benefit Exchanges
PROPOSED RULE NUMBERS: 2016-P076
BRIEF SUMMARY: The proposal establishes standards and procedures for the certification of navigators to perform the activities identified in 24-A MRS  §2188 and section 1311(i) of the Affordable Care Act.
PUBLIC HEARING: July 7, 2016 at 1:00 p.m., Kennebec Room, Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: July 22, 2016 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS  § § 212, 2188
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, FS Rule #194 – Lottery Winnings: Section FS-444-12, Households with Special Circumstances
PROPOSED RULE NUMBER: 2016-P077
BRIEF SUMMARY: The proposed rule creates a basis for termination of benefits based on substantial lottery and/or gambling winnings. The current manual does not address lottery/gambling winnings and effect on eligibility. The proposed rule would cause immediate termination of benefits when anyone in the benefit household has gross lottery/gambling winnings of $5,000.00 or more in one calendar month. The winnings would be treated as assets. Affected households may immediately reapply and are subject to eligibility guidelines to requalify for benefits.
PUBLIC HEARING: None Scheduled.
COMMENT DEADLINE: July 15, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Marta Noriega-Allen, Senior Planner, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4135. TTY: 711 (Maine Relay). E-mail: Marta.Noriega-Allen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None known.
IMPACT ON SMALL BUSINESSES: None known.
STATUTORY AUTHORITY FOR THIS RULE: 7 USC  §2015(s); 22 MRS  § § 42(1), 3104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: 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 (MBM): Ch. II Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2016-101
CONCISE SUMMARY: This rule-making more closely aligns ASC policy with the reimbursement methodology of ASC facility and non-facility services, as defined by the Centers for Medicare and Medicaid Services (CMS). This includes a change that MaineCare will no longer reimburse ASCs separately for prosthetic devices that are outside the all-inclusive rate for covered surgical procedures, as defined by the CMS.
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, removes the disclaimer that the section is dependent upon approval from CMS because approval has been granted, further clarifies which services and supplies are Non-Covered Services under this Section, updates the MaineCare provider website URL, and makes minor formatting edits.
Also, as part of this rule-making, physicians delivering covered services in an ASC will be reimbursed for their professional services at the “facility rate” listed in the MaineCare Fee Schedule (https://mainecare.maine.gov/) under MBM Section 90, “Physician Services”.
As a result of public comments, the adopted rule-making improved language around physician reimbursement to clarify that physician and anesthetists professional services are still separately billable under MBM Section 90, “Physician Services”. In addition, the Department added citations to the Code of Federal Regulations to assure that the Department’s interpretation of “implantable prosthetic devices” will be aligned with CMS.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 15, 2016
AGENCY CONTACT PERSON: Olivia Alford, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4059. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Olivia.Alford@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .