January 4, 2017

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.

NOTICE

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2017, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
STATUTORY AUTHORITY: 5 MRS  §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 25, 2017
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .

PROPOSALS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-17
PROPOSED RULE NUMBER: 2016-P204
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS  §2954
PUBLIC HEARING: January 20, 2017, Friday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: January 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  §8054; 7 MRS  §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.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
PROPOSED RULE NUMBER: 2016-P205
BRIEF SUMMARY:
Ch. 2 - The definitions of" Arrears," "Overdue Support" and "Past-due Support" were added to lend clarity to edited provisions of Ch. 16 and 17.
Ch. 16 and 17 - Technical rule-making to repair references to specific paragraphs in other Manual chapters which were edited in a previous rule-making, resolve incorrect references to "welfare" vs. "non-welfare" cases, and simplify for easier readability.
Ch. 19 is being abbreviated to contain only those provisions required by federal law, to prevent confusion with the provisions in Ch. 12.
PUBLIC HEARING: None
COMMENT DEADLINE: February 3, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro Arietti, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883. TTY: 711 Maine Relay. Email: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS  §42(1); 42 USC  § § 664, 666; 36 MRS  §5276-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
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), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #197A – SUA Changes for FFY 2017: Section FS-000-1, Basis of Issuance; Section FS-555-5 pages 1-11, Income and Deductions
ADOPTED RULE NUMBER: 2016-226
CONCISE SUMMARY: This rule adopts annual changes in the standard utility allowances (SUA) and cost of living allowances (COLA) used to calculate benefits. The annual changes are mandated by federal regulations 7 CFR 273.9(a) and (d), and are based on USDA Food and Nutrition Services (FNS) requirements. The 2017 SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities from June 2015 to June 2016. They had to be in place on October 1, 2016, and an emergency rule-making was done to meet that deadline. This rule-making makes the emergency rule permanent. The COLA values did not require an emergency rule-making because they represent increases in allowances and, as such, can be applied retroactively to October 1, 2016.
While the COLA values increased, SUA values decreased for FFY 2017. The marginal decrease in the SUAs and marginal increase in the COLAs will have minor impacts on household benefit amounts, and will affect households based on factors distinct to each household. Some members may see a minor increase in benefits, while others will have a minor decrease.
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, 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-17
ADOPTED RULE NUMBER: 2016-230 (Emergency)
CONCISE SUMMARY: Minimum January 2017 Class I price is $20.70/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.89/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: January 1, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/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 (MBM): Ch. III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2016-231
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this rule to increase the rates of reimbursement for Adult Family Care Services pursuant to:
1) PL 2015 ch. 481 (Part C), An Act To Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. This adopted rule effectuates a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2017. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the four (4) percent rate increase will be effective retroactive to July 1, 2016.
2) Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services To Provide Supplemental Reimbursement to Adult Family Care Home and Residential Care Facilities in Remote Island Locations. The Department previously engaged in emergency rule-making followed by routine technical rule-making that added language to the rule providing for a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Department did not include a case mix chart specific to remote island facilities that identified the increased rates and now seeks to do so with this rule adoption. As noted previously, the Department is seeking and anticipates receiving CMS approval for the change so that the supplemental rate payment will be retroactive to October 1, 2015.
The Department is authorized to adopt these changes retroactively under 22 MRS  §42(8) because these changes increase reimbursement for providers, and will have no adverse impact on either MaineCare providers or members.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 2, 2017
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: 14-118 - Department of Health and Human Services (DHHS), Maine Office of Substance Abuse & Mental Health Services (SAMHS)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing the Controlled Substances Prescription Monitoring Program and Prescription of Opioid Medications (both an Emergency Major Substantive rule, and an Emergency Routine Technical rule)
ADOPTED RULE NUMBER: 2016-232 (Emergency)
CONCISE SUMMARY: Pursuant to 5 MRS  § § 8054 and 8073, the Department has determined that immediate adoption of this rule is necessary to avoid an immediate threat to public health, safety or general welfare and the Department’s findings of emergency are as follows: There is an opioid epidemic facing the State of Maine and the nation as a whole. In 2015, Maine experienced an unprecedented 272 overdose related fatalities. In an effort to combat the Maine opioid epidemic, the Maine Legislature enacted PL 2015 ch. 488 (An Act to Prevent Opiate Abuse by Strengthening the Controlled Substances Prescription Monitoring Program). Ch. 488 included prescriber limits on opioid medication prescribing, effective January 1, 2017; included veterinarians in the definition of prescribers; required electronic prescribing and required prescribers and dispensers to check the Prescription Monitoring Program (PMP) database. Ch. 488 required the Department to establish reasonable exceptions to prescriber limits, and ordered the Department to include prescribers in the process of drafting appropriate exceptions and in the drafting of draft rules. With the guidance of the Maine State Health Officer Dr. Christopher Pezullo, the Department convened a PMP Stakeholder Group that included the Maine Medical Association, the Maine Hospital Association, the Maine Physician Assistant Association, the Maine Nurse Practitioners Association, the Maine Veterinary Medical Association, the Maine Pharmacy Association, and the Maine Osteopathic Association. This Group met at least once monthly, starting in June, 2016. The Maine Legislature mandated a January 1, 2016, effective date for the limits on opiate prescribing, but also mandated that the Department confer with the PMP Stakeholder Group, which continued to meet and confer until early December. This, together with the opioid epidemic facing the State of Maine, constitutes an emergency that can only be remedied by the immediate adoption of this emergency rule. This emergency rule is effective January 1, 2017.
This emergency rule makes the following changes:
(1) Adds definitions (including definitions for “acute pain”, “Benzodiazepine”, “chronic pain”, “hospital”, “inpatient status”, “opioid medication”, “serious illness” and also includes veterinarians in the definition of “prescribers”;
(2) Adds general requirements for prescribing and dispensing, including the requirement that all prescribers must acquire DEA numbers and include the DEA number on each prescription, and includes exemption codes to match the exemptions from the opioid limitations set forth in the rule;
(3) Requires prescribers, dispensers and veterinarians to register as PMP data requesters;
(4) Indicates the statutory requirement regarding electronic prescriptions and waivers of such;
(5) Requires that dispensers report information to the PMP by electronic means and indicates the statutory waivers of such;
(6) Requires prescribers, dispensers and veterinarians to check the PMP system;
(7) Indicates the statutory limits on opioid medication prescribing;
(8) Defines exemptions to limits on opioid medication prescribing;
(9) Authorizes the Department to provide and receive PMP data from another state or Canadian province that has entered into an agreement with the Department for such sharing;
(10) Establishes civil violations for prescribers and dispensers;
(11) Establishes administrative sanctions for prescribers and dispensers;
(12) Establishes standards for immunity from liability for disclosure of information;
(13) Establishes standards for immunity from liability for a pharmacists which might result from dispensing medication in excess of the limit, if such dispensing was done in accordance with a prescription issued by a practitioner; and
Authorizes the Department to verify and audit prescriber and dispenser compliance with the rules.
The Maine Legislature has designated the PMP regulations as major substantive rules. 22 MRS  §7252. However, Ch. 488 assigned some of its PMP rule changes as routine technical rules. Therefore, this emergency rule contains both major substantive provisions and routine technical provisions. The routine technical provisions are so labeled in the rule. Pursuant to 5 MRS  §8054, the emergency routine technical rule provisions are effective for up to 90 days. Pursuant to 5 MRS  §8073, emergency major substantive rule provisions may be effective for up to twelve months or until the Legislature has completed review of the rules. The Department intends to engage in a single rule-making which will make permanent the emergency routine technical rule provisions and which will also provisionally adopt the emergency major substantive rule provisions, which will then be submitted to the Maine Legislature for its review.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: January 1, 2017
AGENCY CONTACT PERSON: Thomas M Leet, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Thomas.Leet@Maine.gov .
SAMHS WEBSITE: http://www.maine.gov/dhhs/samhs/osa/ .
SAMHS RULE-MAKING LIAISON: Nicholas.A.Snyder@Maine.gov .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .