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June 22, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons
PROPOSED RULE NUMBER: 2016-P078
BRIEF SUMMARY: In accordance with 12 MRS §11401, sub- §1, E., the Department is proposing a rule that details the process to allow a nonresident who owns 25 or more acres of land in the State and leaves that property open to hunting, holds a valid hunting license and is not otherwise prohibited by law, to hunt deer on the Saturday preceding the first day of open season on deer (resident only day). Forms will be provided by the Department for the nonresident landowner to verify they are the lawful owner of 25 acres or more in Maine. A complete copy of the proposed rule is available from the contact person below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS § § 10104, 11401
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules: 13.06, Motor Size Restrictions on Certain Inland Waters (Kimball Pond, Vienna)
PROPOSED RULE NUMBER: 2016-P079
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Kimball Pond, Vienna / New Sharon, Kennebec County -motorboats with more than 10 horsepower prohibited.
PUBLIC HEARING: July 12, 2016 @ 6:30 p.m., Vienna Community Building / Fire Station, Kimball Pond Road, Vienna, Maine
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2016-P080
CONCISE SUMMARY: This proposed rule amends the rate setting and rate-adjustment processes for the prospective payment system (PPS) used to reimburse Federally Qualified Health Centers (FQHCs).
This rule-making clarifies and expands the current FQHC policy and procedures as follows:
* Provides additional guidance and consistency in the methodology for adjustments of PPS rates;
* Amends the process of rate establishment for newly qualifying FQHCs;
* Provides specific guidance in what constitutes “a change in scope of services”; and
* Expands the reporting requirements in conjunction with a request for rate adjustment due to a “change in scope of services”.
The Centers for Medicare and Medicaid Services (“CMS”) has approved a Maine State Plan Amendment related to initial rate-setting and “change in scope of services.” The payment methodology for FQHCs conforms to Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act (BIPA) of 2000.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, July 12, 2016 - 9:30 a.m., 19 Union Street, Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Tuesday, July 5, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., Friday, July 22, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate
this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS § § 42, 3173
OMS 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 (MBM): Ch. II & III Section 65, Behavioral Health Services (also affects Section 17, Community Support Services)
PROPOSED RULE NUMBER: 2016-P081
CONCISE SUMMARY: This rule makes the following changes to the Medication-Assisted Treatment section: Requiring Medication-Assisted Treatment Facilities to be open at least six days per week throughout the calendar year, updating the twenty-four month prior authorization forms for members who have hit their lifetime methadone cap, adding an authorization form to be completed by the facility within sixty calendar days of the member’s first visit, adding a definition of Medication-Assisted Treatment to the definitions section, adding a Medical Director section to the policy that outlines the Medical Directors’ required responsibilities, adding a Medical Records section that outlines the minimum required documentation that must accompany Medication-Assisted Treatment services, adding a Counseling section that outlines who can perform counseling to members, and the minimum amount of counseling members should receive during treatment, adding a Medication Administration section that establishes initial dosage limits for methadone and diversion control plan measures, and adding an Individualized Service Plan section that establishes the minimum requirements for a member’s service plan.
This rule moves MaineCare’s Clubhouse services, which are currently part of “Day Supports Services”, from Section 17 to Section 65 of the MaineCare Benefits Manual. This rule-making will also move the “Specialized Group Services” from Section 17 to Section 65 of the MaineCare Benefits Manual. This rule-making will also replace the current per hour day treatment procedure code that Clubhouse providers are billing under with the more appropriate Mental Health clubhouse services per 15 minute procedure code.
This rule also updates the reference for diagnostic codes required for billing in Section 65.13, “Billing Instructions”, from ICD-9 to ICD-10 codes, and makes minor technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: July 11, 2016 - 9:00 a.m., Champlain Conference Room, 45 Commerce Drive, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 4, 2016.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on July 21, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS § § 42, 3173
OMS 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 (MBM): Ch. II & III Section 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 2016-P082
CONCISE SUMMARY: This proposed rule amends the rate setting and rate-adjustment processes for the Prospective Payment System (PPS) used to reimburse “Rural Health Clinic Services (RHCs)”.
This rule-making clarifies and expands the current RHC policy and procedures as follows:
* Provides additional guidance in the methodology for adjustments of PPS rates;
* Amends the process of rate establishment for newly qualifying RHCs;
* Provides specific guidance in what constitutes “a change in scope of services”; and
* Expands the reporting requirements to support requests for rate adjustments due to a change in scope of services.
The Centers for Medicare and Medicaid Services (“CMS”) has approved a Maine State Plan Amendment related to initial rate-setting and “change in scope of services.” The payment methodology for RHCs conforms to Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act (BIPA) of 2000.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, July 12, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 5, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., July 22, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS § § 42, 3173
OMS 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), Maine Center for Disease Control and Prevention (Maine CDC)
RULE TITLE OR SUBJECT: Ch. 175 (New), Data Release Rule
PROPOSED RULE NUMBER: 2016-P083
CONCISE SUMMARY: This proposed rule outlines the policies of the Maine Center for Disease Control and Prevention (Maine CDC) for the release of health-related data and makes clear to all parties the conditions under which unrestricted and restricted data will be released by the Maine CDC.
STATUTORY AUTHORITY: 22 MRS § § 42, 824
PUBLIC HEARING: 10:00 a.m., July 13, 2016 in Room 16 at Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 25, 2016
AGENCY CONTACT PERSON: Bridget Bagley, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-8016. E-mail: Bridget.Bagley@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
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: Chapter 6, Child Support Guidelines
PROPOSED RULE NUMBER: 2016-P084
BRIEF SUMMARY: The recently adopted rule #2016-029 used incorrect dollar amounts per child to populate the new Child Support Guideline table. This proposed rule-making is to correct those numbers. In addition, the header of the new table will be changed to reflect that the table will apply to all children, aged 0-18 (19 if the child is still in school), avoiding confusion due to any references to two age categories as mentioned in 19-A MRS ch. 63. The effective date of the new Guideline table will be July 29, 2016.
PUBLIC HEARING: None
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883, TTY: 711 Maine Relay Tracy. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42(1); 19-A MRS §2011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
ADOPTIONS
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. 6, Child Support Guidelines
ADOPTED RULE NUMBER: 2016-102 (Emergency)
CONCISE SUMMARY: The recently adopted rule #2016-029 used incorrect dollar amounts per child to populate the new Child Support Guideline table. This emergency rule-making is to correct those numbers. There is a threat to public general welfare, as if the table is not corrected as of July 1, 2016, Maine children will receive less child support than that to which they are entitled. In addition, the header of the new table will be changed to reflect that the table will apply to all children, aged 0-18 (19 if the child is still in school), avoiding confusion due to any references to two age categories as mentioned in 19-A MRS ch. 63. The effective date of the new Guideline table will be July 29, 2016.
EFFECTIVE DATE: June 15, 2016
AGENCY CONTACT PERSON: Tracy Quadro, Staff Counsel, DHHS/DSER, 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .
AGENCY: 01-669 - Department of Agriculture, Conservation and Forestry. Bureau of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 30, Prior Approval Process and Stop Work Orders
ADOPTED RULE NUMBER: 2016-103 (Final adoption, major substantive)
CONCISE SUMMARY: This rule establishes standards for Maine Forest Service approval of timber harvesting activities by any person who has been convicted of two or more violations of Title 17 §2510 sub- §1.
EFFECTIVE DATE: July 15, 2016
AGENCY CONTACT PERSON: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/mfs/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .
AGENCY: 01-672 - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix E, FEMA Maps for the LUPC Jurisdiction
ADOPTED RULE NUMBER: 2016-104
CONCISE SUMMARY: The LUPC repeals and replaces Appendix E to facilitate a reorganization of the list by county and by minor civil division. Other changes to the appendix include adding references to new county-wide Flood Insurance Rate Maps for Knox and Hancock Counties, removing asterisks indicating that base flood elevation data is available, and improving consistency in formatting.
EFFECTIVE DATE: May 9, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Senior Planner, Land Use Planning Commission, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4894. Fax: (207) 287-7439. E-mail: Timothy.Beaucage@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.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. II & III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2016-105
CONCISE SUMMARY: This adopted rule complies 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 effectuates a supplemental payment to Adult Family Care Homes located on an island not connected to the mainland by a bridge. The supplemental 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 the 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.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 22, 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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.65, Lobster and Crab Closure in Penobscot River
ADOPTED RULE NUMBER: 2016-106 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to protect public health due to the risk of mercury contamination in lobsters and crabs found in the mouth of the Penobscot River north of a line starting at the westernmost point of Perkins Point in the Town of Castine continuing in a northwesterly direction to the southernmost point on Squaw Point on Cape Jellison in the Town of Stockton Springs. In 2013, DMR received data warranting the current closure in the mouth of the river, and undertook confirmation work to provide the basis for future management or public health decisions. Based on analysis of the data collected in 2014 through the confirmation work, DMR determined that a consumption advisory is warranted for lobster taken from an expanded area south of the existing closure. Because this remains a discrete area and in order to be health protective, DMR is instead taking immediate action to expand the existing closed area. While the confirmation work did not show levels of concern for crabs, the area will remain closed to the harvest of crabs due to enforcement constraints. For these reasons, the Commissioner hereby adopts an emergency closure to the taking of lobster and crab in this area as authorized by 12 MRS §6171-A(4-A) and 12 MRS §6192.
EFFECTIVE DATE: June 21, 2016
AGENCY CONTACT PERSON / 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). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ . E- mail: Hannah.Dean@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .
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