September 28, 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: 02-041 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Barbering and Cosmetology Licensing Program
CHAPTER NUMBER AND TITLE: Recodification of the Program’s rules, consisting of the following chapters:
Ch. 20, Definitions and References
Ch. 21, Licensure of Aestheticians, Barbers, Cosmetologists, Limited Barbers and Nail Technologists
Ch. 22, Licensure of Demonstrators
Ch. 23, Trainee Aesthetician, Barber, Cosmetologist, Limited Barber and Nail Technologist
Ch. 24, Licensure of Instructors
Ch. 25, Licensure of Establishments and Independent Booths
Ch. 26, Establishment, Independent Booth and School Operation, Sanitation and Infection Control Standards, and Safe Practice Procedures
Ch. 27, Rules for Licensure and Operation of Schools Offering One or More Courses of Study in Aesthetics, Barbering, Cosmetology, Limited Barbering, Nail Technology, and Instructing
Ch. 28, Special Event Services Permit
Ch. 29, Grounds for Discipline
Ch. 30, Citations
PROPOSED RULE NUMBERS: 2016-P136 thru P146
BRIEF SUMMARY: The Barbering and Cosmetology Licensing Program proposes to repeal all current rules and replace them with the new rule chapters listed above. A more detailed description and the text of the proposed rules may be obtained online from www.maine.gov/professionallicensing .
PUBLIC HEARING: October 17, 2016 at 9:00 a.m., Maine Department of Professional and Financial Regulation, Gardiner Annex, 76 Northern Avenue, Gardiner. ME - Central Conference Room
COMMENT DEADLINE: October 28, 2016 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Geraldine Betts, Program Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. TTY users call Maine Relay 711. E-mail: Geraldine.L.Betts@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  §14212-A(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: www.maine.gov/professionallicensing .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .

AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
PROPOSED RULE NUMBER: 2016-P147
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making proceeding to consider several proposed amendments to its net energy billing rule (Ch. 313). The Commission undertakes this review pursuant to section 3(J) of Ch. 313, which requires Commission review upon notification from a transmission and distribution (T&D) utility that the cumulative capacity of generating facilities participating in net energy billing (NEB) has reached one percent of the T&D utility’s peak demand.
PUBLIC HEARING: October 17, 2016, 1:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: November 2, 2016. Written comments on the proposed amended rule may be filed with the Administrative Director until 4:00 p.m., Wednesday, November 2, 2016. However, the Commission requests that comments be filed by 4:00 p.m., Wednesday, October 12, 2016, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2016-00222 and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / PUC RULE-MAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 104, 111, 1301, 3203(9), 3210
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 15-214 - Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency (MEMA)
CHAPTER NUMBER AND TITLE: Ch. 5, Maine Disaster Recovery Fund
PROPOSED RULE NUMBER: 2016-P148
BRIEF SUMMARY: This proposed major substantive rule governs the process for the expenditure of funds from the Disaster Recovery Fund, established pursuant to Title 37-B MRS  §745. It establishes priorities for use of the Fund among the uses authorized by statute including aid to individuals and families, aid to municipalities and low-interest loans to businesses. It also defines under what circumstances use of the Fund will be authorized and provides for administration of the Fund in conjunction with state agency and nonprofit partners.
PUBLIC HEARING: October 19, 2016, 3:00 p.m. Maine Emergency Management Agency classroom. 45 Commerce Drive. Augusta, Maine.
COMMENT DEADLINE: October 31, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mail Written Comments to: MEMA, attn: Kevin Rousseau, 72 State House Station, Augusta, Maine 043330-0021. Telephone: (207) 624-4410. Fax: (207) 287-3178. TTY: (711) Maine Relay. E-mail: Kevin.Rousseau@Maine.gov . MEMA Rule-making Website: http://www.maine.gov/mema/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: There will not be a negative fiscal impact on municipalities or counties; rule provides for fiscal benefit to jurisdictions which qualify for disaster recovery funds.
STATUTORY AUTHORITY FOR THIS RULE: Title 37-B MRS  §745
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MEMA WEBSITE: http://www.maine.gov/mema/ .
DEFENSE RULE-MAKING LIAISON: Daniel.Goodheart@Maine.gov .

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: Ch. II & III Section 20, Home and Community Services for Adults with Other Related Conditions
PROPOSED RULE NUMBER: 2016-P149
CONCISE SUMMARY: The Department is proposing to update Ch. II & III, Section 20, “Home and Community Benefits for Adults with Other Related Conditions”. Ch. II and III are routine technical rules. The Department has previously adopted, via emergency rule-making, an increase to the rates in Ch. III in accordance with L.D. 1638, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax. Those rate increases are also included in this proposed rule-making. The legislature passed L.D. 1638 to authorize an increase in the service provider tax. The increased rates were effective from April 15, 2016.
The proposed rule includes additional language that will help bring the Department into compliance with new requirements from the Centers for Medicare and Medicaid Services (CMS) Home and Community-Based Services (HCBS) Settings Regulation released on January 16, 2014 (see 42 CFR  §441.301(c)). The proposed rule also updates eligibility requirements for members, adds clarifying language for Assistive Technology, and adds Career Planning as a new services. More specifically current proposed changes to Ch. II include;
* Minor formatting changes throughout the section.
* Added HCBS Settings Rule language, within the introduction.
* Changed “Authorized Agent” to “Authorized Entity.”
* To General Eligibility Criteria, added: Muscular Dystrophy, Huntington’s, Spina Bifida or other rare developmentally based conditions. Removed from General Eligibility Criteria, “any other condition will be reviewed for eligibility by the Office of MaineCare Services Medical Director.”
* Added clarifying language under Care Plan Development, E. Selection of Residential Option and Development of Final Care Plan.
* Under Covered Services, included data transmission via internet or cable to Assistive Technology Device and Services.
* Under Covered Services, included limits to Assistive Technology Device and Services, and moved the $6,000 per service per year limit from the Limits section. Added clarifying language.
* Under Covered Services, added Career Planning as a new service.
* Under Covered Services, Home Support Services, added new language stating, a Personal Care Assistant, Personal Support Specialist or Direct Support Professional cannot be reimbursed for more than 40 hours per week of services to any one individual waiver member.
* Under Limits, Assistive Technology Services, moved the $6,000 per service per year limit to the Covered Services Section.
* Under Provider Qualifications and Requirements, added requirements for Career Planning.
* Under Provider Qualifications and Requirements, added “Requirements for Residential Settings Owned or Controlled by a Provider.” This section contains language that is pertinent to the HCBS Settings Rule.
* Under Quality Reporting added the requirement that providers must utilize the Enterprise Information System (EIS) for Reportable Events.
* Under Quality Reporting, added Care Coordination Reporting, Home Support Reporting and Assistive Technology Reporting.
Ch. III Section 20, “Allowances for Home and Community Benefits for Adults with Other Related Conditions”, is also adding a Procedure Code for Career Planning. T2015 U9, Career Planning (Habilitation, prevocational) at $28.00 per hour.
The following rates were increased as a result L.D. 1638 and were adopted in the emergency rule-making:
* T2021 U8, Community Support (Day Habilitation) from $5.28 to $5.33 per quarter hour.
* T2016 U8, Home Support (Residential Habilitation) from $285.19 to $287.91 per diem.
* T2017 U8, Home Support (Residential Habilitation) from $6.33 to $6.39 per quarter hour.
* T2017 U8 QC Home Support (Residential Habilitation)-Remote Support-Monitor Only from $1.62 to $1.63 per quarter hour.
* T2017 U8 GT Home Support (Residential Habilitation)-Remote Support-Monitor Only from $6.33 to $6.39 per quarter hour.
Ch. II Section 20 defines the services available to members eligible for services under this rule. It also defines service limits and the provider qualifications necessary to deliver the services to members. Its companion rule, Ch. III Section 20, “Allowances for Home and Community-Based Benefits for Adults with Other Related Conditions”, lists the procedure codes, descriptions and reimbursement rates for covered services identified in Ch. II Section 20.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 18, 2016, 9:00 a.m., 19 Union Street, Conference Room 110, Augusta ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 11, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 28, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; LD 1638
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 12, Consumer-Directed Attendant Services and Allowances for Consumer-Directed Attendant Services.
PROPOSED RULE NUMBER: 2016-P150
CONCISE SUMMARY: The purpose of these rules is to comply with PL 2016 ch. 83, Resolves, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services, which requires the Department to amend its rules for reimbursement rates for personal care and related services provided under the provisions of 10-144 CMR ch.101, MaineCare Benefits Manual, Ch. III Section 12, “Allowances for Consumer-Directed Attendant Services”. Ch. III, “Allowances for Consumer-Directed Attendant Services”, adds modifiers and reimbursement rates for two person and three person member visits for attendant services.
Ch. II, “Consumer-Directed Attendant Services” informs providers, if a single provider is providing personal care services to more than one member, during a single visit, the two or three person procedure code and modifier shall be billed. This law will go into effect on July 29, 2016, without the governor’s signature.
The Department is seeking and anticipates receiving approval from the federal Center for Medicare and Medicaid Services for these changes. Pending approval, the increased reimbursement rates and modifiers will be effective retroactive to July 29, 2016. A methodology change notice was published on July 28, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, October 17, 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 Monday, October 11, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., October 27, 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 (Deaf/Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  § § 42(8), 3173; Pl 2016 ch. 83 (127th Legis. 2016), Resolves, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
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 Section 21, Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2016-P151
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for persons with Intellectual Disabilities and Autism Spectrum Disorder. The proposed rule includes language that will bring the Department into compliance with new requirements from the Centers for Medicare and Medicaid Services (CMS) Home and Community-Based Services (HCBS) Settings Rule released on January 16, 2014 (see 42 CFR  §441.301(c)). The Department is seeking and anticipates receiving CMS approval for this section. Ch. II Section 21 is a routine technical rule and does not require legislative approval prior to final adoption of the rule.
Significant updates and changes to Ch. II Section 21 include:
* Renaming of the section from “Home & Community Benefits for Members with Intellectual Disabilities or Autistic Disorder” to “Home & Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder”.
* Throughout Section 21, replacement of the term “Mental Retardation” with “Intellectual Disabilities.”
* Updating references to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition.
* Added HCBS Settings Rule language to the Introduction.
* In the Definitions section:
  o Addition of clarifying language to Administrative Oversight Agency.
  o Updated definition for Autism Spectrum Disorder.
  o Addition of Clinical Review Team.
  o Addition of clarifying language to Medical Add On.
  o Removal of Mental Retardation.
  o Addition of clarifying language to Shared Living Provider.
* Under Personal Plan, the language was updated to ensure that the member is driving the process and that the process is more closely aligned with the CFR  §441.301 and  §441.303. Direct references to the CFR were included.
* In the Covered Services section:
  o Under Career Planning addition of quality oriented language.
  o Under Communication Aids, removed Facilitated communication and added Augmented communication.
  o Addition of clarifying language to Community Support Services.
* In the Limits section:
  o Addition of language which disallows duplicative services covered by other sections in the MaineCare Benefits Manual.
  o Under Consultation Services added information regarding limits.
  o Definition of annual limits for: Occupational Therapy (Maintenance).
* In the Duration of Care Section added requirements for Provider Termination of a Member’s Services.
* In Provider Qualifications and Requirements, added:
  o Additional qualification for Direct Support Professionals.
  o Provider qualifications necessary to perform an Assistive Technology Assessment.
  o Residential Settings Owned or Controlled by a Provider.
  o Shared Living (Foster Care, Adult).
  o Clarification of Background Check Criteria.
  o Clarification of Reportable Events & Behavioral Treatment.
* Appendix V - Added Requirements for Section 21, “Providers of Home Support Services, Community Support Services, and Employment Specialist Services”.
In response to recent changes in HCBS rules, the state is working towards, creating greater emphasis on access to community settings and a more person driven focus in the Person Centered Planning process. No members will be affected through the proposal of this rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 19, 2016 - 1:00 p.m., 19 Union Street, Conference Room 110, Augusta ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before October 7, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 29, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; LD 1638
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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
HAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 21, Allowances for Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2016-P152
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for Persons with Intellectual Disabilities and Autism Spectrum Disorder. Ch. III Section 21 is a companion to Ch. II Section 21, “Home and Community-Based Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder”. Ch. III is a major substantive rule and requires legislative approval prior to final adoption of the rule.
Significant Updates and Changes to Ch. III Section 21 include;
o Renaming of the Section from “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder” to “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder.”
o Removal of Calculation of the Per Diem Rate for Agency Home Supports.
o Clarification of the Average Billing Method.
o Removal of the Range in Appendix IIA and IIB.
The Department will adopt via emergency rule-making an increase to the rates in Ch. III in accordance with LD 1638. The legislature passed LD 1638 to authorize an increase in the service provider tax. Ch. III Section 21 lists the procedure codes, descriptions and reimbursement rates for covered services provided to members under its companion rule, Ch. II Section 21, “Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder”.
The increased rates will be effective retroactive to April 15, 2016. The following services will have a 1% increase as a result of LD 1638:
  o T2017, Home Support (habilitation, residential, waiver), from $6.27 to $6.33 per quarter hour.
  o T2017 SC, Home Support (habilitation, residential, waiver)-with Medical Add On from $7.50 to $7.57 per quarter hour.
  o T2017 QC, Home Support (habilitation, residential, waiver)-Remote Support-Monitor Only, from $1.62 to $1.63 per quarter hour.
  o T2017 GT, Home Support (habilitation, residential, waiver)-Remote Support-Interactive Support, from $6.27 to $6.33 per quarter hour.
  o T2016, Agency Home Support (habilitation, residential, waiver), from $22.43 to $22.64 per diem.
  o T2016 SC, Agency Home Support (habilitation, residential, waiver) with Medical Add On, from $19.53 to $19.72 per diem.
  o T2016 SC, Agency Home Support (habilitation, residential, waiver), from $27.15 to $27.41 per diem.
  o S5140, Shared Living (Foster Care, adult)-Shared Living Model-One member served, from $126.19 to $127.39 per diem.
  o S5140 TG, Shared Living (Foster Care, adult)-Shared Living Model-One member served-increased level of support, from $183.52 to $185.27 per diem.
  o S5140 UN, Shared Living (Foster Care, adult)-Shared Living Model-Two members served, from $63.10 to $63.71 per diem.
  o S5140 UN TG, Shared Living (Foster Care, adult)-Shared Living Model-Two members served-Increased level of support, from $120.42 to $121.57 per diem.
  o T2016 U5, Home Support (habilitation, residential, waiver)-Family Centered Support-One member served, from $104.17 to $105.16 per diem.
  o T2016 TG U5, Home Support (habilitation, residential, waiver)-Family Centered Support-One member served-Increased level of support, from $216.96 to $219.03 per diem.
  o T2016 UN U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Two members served, from $85.8 to $86.61 per diem.
  o T2016 UN TG U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Two members served-Increased level of support, from $196.78 to $198.65 per diem.
  o T2016 UP U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Three members served, from $73.15 to $73.85 per diem.
  o T2016 UP TG U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Three members served-Increased level of support, from $178.40 to $180.09 per diem.
  o T2016 UQ U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Four members served, from $61.99 to $62.58 per diem.
  o T2016 UQ TG U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Four members served-Increased level of support, from $162.16 to $163.71 per diem.
  o T2016 UR U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Five or members served, from $55.29 to $55.82 per diem.
  o T2016 UR TG U5, Home Support (habilitation, residential, waiver)-Family Centered Support-Five or members served-Increased level of support, from $153.42 to $154.88 per diem.
  o T2021, Community Support (day habilitation) from $5.28 to $5.33 per quarter hour.
  o T2021 SC, Community Support (day habilitation) with Medical Add On from $6.51 to $6.57 per quarter hour.
  o Replaced H023 HQ Work Support (supported employment) with the following modifiers below:
  o H2023 UN Work Support (supported employment)-Group 2 members served, up to $3.46 per  Ľ hour.
  o H2023 UP Work Support (supported employment)-Group 3 members served, up to $2.30 per  Ľ hour.
  o H2023 UQ Work Support (supported employment)-Group 4 members served, up to $1.73 per  Ľ hour.
  o H2023 UR Work Support (supported employment)-Group 2 members served, up to $1.38 per  Ľ hour.
  o H2023 US Work Support (supported employment)-Group 2 members served, up to $1.15 per  Ľ hour.
Ch. III Section 21 lists the procedure codes, descriptions and reimbursement rates for covered services provided to members under its companion rule, Ch. II Section 21, “Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder”.
No members will be affected through this emergency rule. Providers of Section 21 services will be reimbursed at a higher rate for services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 19, 2016 - 1:00 p.m., 19 Union Street, Conference Room 110, Augusta ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 7, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 29, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; LD 1638
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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 Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2016-P153
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for persons with Intellectual Disabilities and Autism Spectrum Disorder. The proposed rule includes language that will bring the Department into compliance with new requirements from the Centers for Medicare and Medicaid Services (CMS) HCBS Settings Rule released on January 16, 2014 (see 42 CFR  §441.301(c)). The Department is seeking and anticipates receiving CMS approval for this section. Ch. II Section 29 is a routine technical rule and does not require legislative approval prior to final adoption of the rule.
Significant updates and changes to Ch. III Section 29 include:
* Renaming of the section from “Support Services for Members with Intellectual Disabilities or Autistic Disorder” to “Support Services for Members with Intellectual Disabilities or Autism Spectrum Disorder.”
* Throughout Section 21, replacement of the term “Mental Retardation” with “Intellectual Disabilities.”
* Updating references to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition.
* Added HCBS Settings Rule language to the Introduction.
* In the Definitions section:
  o Updated definition of Autism Spectrum Disorder.
  o Addition of Clinical Review Team
  o Addition of Exploitation
  o Addition of clarifying language to Medical Add On.
  o Removal of Mental Retardation.
  o Addition of clarifying language to On Behalf Of.
* Under Personal Plan, the language was updated to ensure that the member is driving the process and that the process is more closely aligned with the 42 CFR  §441.301 and  §441.303. Direct references to the CFR were included.
* In the Covered Services section:
  o Under Career Planning, addition of quality oriented language.
  o Addition of clarifying language to Community Support Services.
* In the Limits section:
  o Removed Assistive Technology and Career Planning from the annual limit of $23,771, for members who receive Home Support (remote or quarter hour).
  o Under Consultation Services, added information regarding limits.
  o Definition of annual limits for: Occupational Therapy (Maintenance).
  o Increased the Home Accessibility Adaptions limit from $5,000.00 in a three year period to $10,000 in a three year period.
  o Added limits for Out of State Services.
* In the Duration of Care Section, added requirements for Provider Termination of a Member’s Services.
* In Provider Qualifications and Requirements, added:
  o Additional qualification for Direct Support Professionals.
  o Additional qualifications for Employment Specialist.
  o Clarification of Background Check Criteria.
  o Clarification of Reportable Events & Behavioral Treatment.
* Appendix IV - Added Requirements for Section 29, “Providers of Home Support Services, Community Support Services, and Employment Specialist Services”.
In response to recent changes in HCBS rules, the state is working toward creating greater emphasis on access to community settings and a more person driven focus in the Person Centered Planning process. No members will be affected through the proposal of this rule.
See http://www.maine.gov/dhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 19, 2016 - 9:00 a.m., 19 Union Street, Conference Room 110, Augusta ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 7, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 29, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; LD 1638
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
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. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2016-P154
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for Persons with Intellectual Disabilities and Autism Spectrum Disorder. Ch. III Section 29 is a companion to Ch. II Section 29, “Support Services for Members with Intellectual Disabilities or Autism Spectrum Disorder”. Ch. III is a major substantive rule and requires legislative approval prior to final adoption of the rule.
Significant Updates and Changes to Ch. III Section 29 include;
  o Renaming of the Section from “Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder” to “Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder.”
The Department will adopt via emergency rule-making an increase to the rates in Ch. III in accordance with LD 1638. The legislature passed LD 1638, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax, to authorize an increase in the service provider tax. Ch. III Section 29 lists the procedure codes, descriptions and reimbursement rates for covered services provided to members under its companion rule, Ch. II Section 29, “Support Services for Adults with Intellectual Disabilities or Autistic Disorder”.
The increased rates will be effective retroactive to April 15, 2016. The following services will have a 1% increase as a result of LD 1638:
  o T2017, Home Support-Quarter Hour, from $6.27 to $6.33.
  o T2017 QC, Home Support-Remote Support-Monitor Only, from $1.62 to $1.63 per quarter hour.
  o T2017 GT, Home Support-Remote Support-Interactive Support, from $6.27 to $6.33 per quarter hour.
  o T2021, Community Support (day habilitation) from $5.28 to $5.33 per quarter hour.
  o T2021 SC, Community Support (day habilitation) with Medical Add On from $6.51 to $6.57 per quarter hour.
  o Replaced H023 HQ Work Support (supported employment) with the following modifiers below:
  o H2023 UN Work Support (supported employment-Group 2 members served, up to $3.46 per  Ľ hour.
  o H2023 UP Work Support (supported employment-Group 3 members served, up to $2.30 per  Ľ hour.
  o H2023 UQ Work Support (supported employment-Group 4 members served, up to $1.73 per  Ľ hour.
  o H2023 UR Work Support (supported employment-Group 2 members served, up to $1.38 per  Ľ hour.
  o H2023 US Work Support (supported employment-Group 2 members served, up to $1.15 per  Ľ hour.
In response to recent changes in HCBS rules, the State is working towards, creating greater emphasis on access to community settings and a more person driven focus in the Person Centered Planning process. No members will be affected through the proposal of this rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 19, 2016 - 9:00 a.m., 19 Union Street, Conference Room 110, Augusta ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before October 7, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 29, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS  § § 42, 3173; LD 1638
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. (New), Home Modification Tax Credit Rule
PROPOSED RULE NUMBER: 2016-P155
BRIEF SUMMARY: Under a new law individual taxpayers whose income does not exceed $55,000 may receive an income tax credit up to $9,000 for expenses incurred for modifications to make their home accessible to an individual with a disability who lives or will live in the home. This rule sets forth the types of home modification expenditures that qualify for the credit, the building standards applicable to the modifications, and the process Maine State Housing Authority will use to certify that a taxpayer’s expenditures qualify for the credit.
A copy of the proposed rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, October 18, 2016 at 9:30 a.m. at Maine State Housing Authority, 353 Water Street, Augusta, Maine. The hearing room is accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, October 28, 2016 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (voice in state only), or Maine Relay 711. E-mail: luhl@mainehousing.org . Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS  §4741.1; 36 MRS  §5219-NN
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MaineHousing WEBSITE: http://www.mainehousing.org/ .

AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 51, Polygraph Examiner License Regulation
PROPOSED RULE NUMBER: 2016-P156
BRIEF SUMMARY / BASIS STATEMENT: The regulation establishes rules to ensure for the effective administration of the Maine Polygraph Examiners Act, 32 MRS c. 86. More specifically, the regulation identifies the polygraph examiner courses approved by the Commissioner of the Department of Public Safety pursuant to 32 MRS  §7382(1)(C); establishes the qualifications a person must have to be issued a polygraph examiner intern license; describes the responsibilities of a licensed polygraph examiner who is to serve as a sponsor of a polygraph examiner intern licensee; states the qualifications a person must have to be issued a polygraph examiner license; establishes continuing education requirements; and requires licensed polygraph examiners and intern polygraph examiners to abide by the most up-to-date standards of acceptable professional conduct set forth by the American Polygraph Association, as well as in the rule.
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: 5 p.m., Monday, 7 November 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Christopher Parr, Maine State Police, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042. Telephone: (207) 624-7200. Fax: (207) 287-3042. TTY: (207) 287-3659. E-mail: Christopher.Parr@Maine.gov . DPS Rule-making Website: http://www.maine.gov/dps/msp/regulations/index.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  §7353(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DPS WEBSITE: http://www.maine.gov/dps/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #278A (multiple revisions)
ADOPTED RULE NUMBER: 2016-153
CONCISE SUMMARY: This rule made revisions to several Parts of Ch. 332, MaineCare Eligibility Manual. Most of the revisions were made to provide more clarity, correct typographical errors, or delete outdated references. The remaining revisions were made to comply with federal requirements (e.g., increasing the noticing requirement from 12 to 15 days, increasing the time in which one can complete a review form to 90 days, and excluding income tax refunds as a countable asset for 12 months from receipt). None of the changes and/or corrections that have been made are controversial. There are two lists that comprise all the changes made in this rulemaking, the first is a chart with the changes originally proposed, and the second is incorporated in the Summary of Comments and Department’s Response and List of Changes Made to the Final Rule.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Marta Noriega-Allen, Senior Planner, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4135; (800) 606-0215. Fax: (207) 287-3455. TTY users call Maine Relay – 711. E-mail: Marta.Noriega-Allen@Maine.gov .
OFI 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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: Rule #281A, Premium Increase for Benefit for Special Benefits Waiver: Chart 3.10, Premiums for Special Benefits Waiver
ADOPTED RULE NUMBER: 2016-154
CONCISE SUMMARY: The proposed increase of monthly premiums, required under certain circumstances for enrollment in the Special Benefits Waiver program, is necessary to comply with the Waiver agreement (Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS, Part V, Paragraph 21) between DHHS and CMS.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Marta Noriega-Allen, Senior Planner, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4135; (800) 606-0215. Fax: (207) 287-3455. TTY users call Maine Relay – 711. E-mail: Marta.Noriega-Allen@Maine.gov .
OFI 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. X Section 4 (New), Limited Family Planning Benefit
ADOPTED RULE NUMBER: 2016-155
CONCISE SUMMARY: This rule establishes the Limited Family Planning Benefit. Under the Limited Family Planning Benefit, the Department provides for the delivery of federally approved Medicaid services to qualified individuals when their income is equal to or below 209% of the nonfarm income official poverty line for reproductive health care and family planning services. The goal is to improve the health of individuals and families in Maine by improving access to family planning services and decreasing the overall costs of healthcare by helping to prevent or delay pregnancies and to improve overall reproductive health of enrollees.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Anne Labonte Perreault, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Anne.Labonte-Perreault@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Industry Employment in the Public Sector
ADOPTED RULE NUMBER: 2016-156
CONCISE SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR Part 1910, including changes to hazard classification, labeling, and record keeping; eye and face protection standards; and whistleblower protections.
EFFECTIVE DATE: September 28, 2016
AGENCY CONTACT PERSON / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/labor/bls/index.shtml .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Industry Employment in the Public Sector
ADOPTED RULE NUMBER: 2016-157
CONCISE SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR Part 1926, including changes to standards for confined space and cranes and derricks.
EFFECTIVE DATE: September 28, 2016
AGENCY CONTACT PERSON / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/labor/bls/index.shtml .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 110, Non-Governmental Registration Agent Requirements
ADOPTED RULE NUMBER: 2016-158
CONCISE SUMMARY: This rule establishes the requirements for non-governmental registration agents pursuant to 29-A MRS  §204. The rule sets forth requirements for training, equipment and software, reporting, inventory control, audit, and suspension and hearings for registration agents. A registration agent may be authorized to collect registration, title and related taxes and fees, and to issue registration credentials and indicia. A registration agent is authorized and required to transmit registration data to the Bureau of Motor Vehicles. A registration agent may be authorized to process motor vehicle registrations, and annual and long term trailer registrations. A registration agent may be authorized to have plate and validation inventory, and to issue motor vehicle credentials.
EFFECTIVE DATE: September 28, 2016
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9083. E-mail: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .