November 9, 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: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2016-P174
BRIEF SUMMARY: This proposed rule amendment adds language that provides for the voluntary submission of self-funded ERISA plans data for Maine residents. In addition, the minimum threshold for submission of adjusted premiums or claims processed, for premiums or claims subject to required reporting, is increased to $2,000,000. Other minor technical changes are being made to conform to industry standards.
These changes are intended to give providers direction and time to implement modifications to their reporting systems. It is anticipated that these changes will allow for more cost-effective submission and collection of healthcare claims data and for more useful analyses of the data by MHDO data users.
Copies of these proposed rules can be reviewed and printed from the MHDO website at
https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: December 1, 2016 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 12, 2016, by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION – MHDO RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    8703(1), 8704(4), 8708(6-A), 8712(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/rules.htm .

ADOPTIONS

AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Miscellaneous Rule Revisions)
ADOPTED RULE NUMBER: 2016-184
CONCISE SUMMARY: The Commission adopted miscellaneous rule revisions to Ch. 10, Land Use Districts and Standards, in order to ensure that the rules are up-to-date, accurate, and as clear as possible. The proposed revisions cover numerous general housekeeping matters, such as correcting citation and typographical errors, updating references, and clarifying certain provisions.
EFFECTIVE DATE: November 18, 2016
AGENCY CONTACT PERSON: Ben Godsoe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2016-185
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F, “Expedited Wind Energy Development Area”. The Commission has updated its rules in response to An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission, PL 2015 ch. 265 and in accordance with Title 35-A  3453-A. This adoption responds to nine petitions for removal from the Expedited Wind Energy Development Area. In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: November 18, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2016-186
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F, “Expedited Wind Energy Development Area”. The Commission has updated its rules in response to An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission, PL 2015 ch. 265 and in accordance with Title 35-A  3453-A. This adoption responds to three petitions for removal from the Expedited Wind Energy Development Area. In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: November 18, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF 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 (MBM): Ch. II Section 55, Laboratory Services
ADOPTED RULE NUMBER: 2016-187
CONCISE SUMMARY: This rule was adopted to limit and align urine drug testing to current industry standards. The Department adopted the following from the proposed rule:
   • Drug testing must be supported by documentation in the medical record.
   • The frequency and choice of assay used should be based on an assessment of the individual member’s risk potential.
   • Separate payment for testing of adulterants or specimen validity is not reimbursable.
   • Substance abuse treatment is to be measured by random testing rather than scheduled testing.
   • Routine urine drug screening should focus on detecting specific drugs of concern.
   • Standing orders for presumptive testing must be signed and dated no more than sixty (60) days prior to the date of specimen collection. Standing orders for conformation and/or quantitative testing is prohibited.
   • The Department clarifies what is considered not medically necessary.
   • The Department added language for Prior Authorization to the Definitions.
The Department made the following changes to the final rule based on public comments:
   • Confirmation testing is covered only to:
      1. Confirm an unexpected result; or
      2. Identify specific drugs or metabolites that cannot be detected on a urine drug screen.
Confirmation tests should be based on the member’s presentation and history and only include what is needed for safe patient management. The definitive test(s) must be supported by documentation that specifies the rationale for each definitive test ordered. Drug confirmation testing must be performed by a second method. A presumptive test cannot be performed to confirm a presumptive test. Confirmation testing must be requested in writing by the ordering provider.
   • Urine drug testing is limited to three (3) specimens per rolling month. Additional test(s) may be requested with a Prior Authorization to be issued in six (6) month authorizations. Individuals meeting the following criteria are exempt from this limitation, and are not required to seek Prior Authorization for testing beyond three (3) specimens per month:
      1. Pregnant members;
      2. Members involved with an active Office for Child and Family Services (OCFS) case;
      3. Members in Intensive Outpatient Treatment (IOP);
      4. Members being established in Medicated Assistant Treatment (MAT) up to six months (including methadone, suboxone, and other MAT treatments);
      5. Members receiving services in an Emergency Department; and
      6. Members in Residential Treatment for substance abuse (Chapter 97 Appendix B facilities)
• The Department removed the limit of reflex testing by the lab based on standing order.
• The Department removed the limit of urine drug testing for the courts.
Finally, the Department made minor clerical edits to the final rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: November 9, 2016
AGENCY CONTACT PERSON: Cari Bernier, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Cari.Bernier@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .