February 22, 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.

PROPOSALS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
PROPOSED RULE NUMBER: 2017-P022
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds. The proposed rule will protect migratory game birds from over-harvest by setting these limitations. In particular, the Department is proposing, in accordance with U.S. Fish and Wildlife Service regulations, to increase the daily bag limit on black ducks from 1 to 2, decrease the bag limit for pintail ducks from 2 to 1 and split the duck hunting season in the northern hunting zone to allow for later hunting opportunity. Special regulations will apply to youth waterfowl hunt days. Please contact the agency rule-making contact person for a complete copy of the proposed rule.
PUBLIC HEARING: Monday, March 13, 2017 @ 6:00 p.m. - Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: March 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  § § 10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
PROPOSED RULE NUMBER: 2017-P023
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend Ch. 13 rules to include standards of conduct for operation of watercraft on Maine inland waters, i.e. rules of the road. The proposed rules are in accord with federal regulations that are promulgated under the Federal Boat Safety Act. These rules will establish guidelines for reasonable and safe operation for watercraft on Maine internal waters. A complete copy of the proposed rule may be requested from the agency contact person listed below.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: March 24, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 12, Consumer-Directed Attendant Services and Allowances for Consumer-Directed Attendant Services
ADOPTED RULE NUMBER: 2017-022
CONCISE SUMMARY: The Department of Health and Human Services adopts these rule changes to Ch. II & III, “Consumer-Directed Attendant Services” and “Allowances for Consumer-Directed Attendant Services”, to increase reimbursement rates to comply with Resolves 2015 ch. 83, Resolve, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services. This resolve went into to effect on July 29, 2016, without the Governor’s signature.
These changes are consistent with Resolves 2015 ch. 83, which requires the Department to change its reimbursement rates in Section 12 to reflect 50% of the increase as set forth in a final February 1, 2016 report by Burns & Associates, Inc., and approved by the Legislature.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (“CMS”) for these changes. Pending approval, the increased reimbursement rates will be effective retroactive to July 29, 2016. In addition, in September of 2015, the Department proposed separate reimbursement rate changes to CMS, those rates are pending approval. As such, there are different effective dates for various rates, as set forth more specifically in Ch. III.
The Department is authorized to adopt certain of these changes retroactively under 22 MRS  §42(8) because these changes increase reimbursement for providers, and will have no impact on either MaineCare providers or members. Reimbursement rates for multiple member visits, the Department shall apply them prospectively only.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 22, 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: 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 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2017-023
CONCISE SUMMARY: The Department of Health and Human Services adopts these rule changes to Ch. II & III, Section 96, “Private Duty Nursing and Personal Care Services”, to change reimbursement rates and level of care caps for personal care and related services to comply with Resolves 2015 ch. 83, Resolve, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services. This resolve went into effect on July 29, 2016, without the Governor’s signature.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (“CMS”) for these changes. Pending approval, the increased reimbursement rates will be effective retroactive to July 29, 2016. In addition, in September of 2015, the Department proposed separate reimbursement rate changes to CMS; those rates are pending approval. As such, there are different effective dates for various rates, as set forth more specifically in Ch. II Appendix 2, and in Ch. III.
The Department is authorized to adopt certain of these changes retroactively under 22 MRS  §42(8) because the changes increase reimbursement for providers, and will have no adverse impact on either MaineCare providers or members. Where the reimbursement rates decrease, the Department shall apply them prospectively only.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 22, 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: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
ADOPTED RULE NUMBER: 2017-024
CONCISE SUMMARY: To amend existing rules to allow for an additional foot trail, change in snowmobile trails and float plane access sites to the Allagash Wilderness Waterway rules without adding to the total number of sites. The additional authorized foot trail will allow safer access to the locomotives in T8 R13. The change in snowmobile access points will allow trails in locations where there is more demand for that use without increasing the total number of access points. The change in float plane access sites will allow for the use where there is more demand for that use without increasing the total number of sites.
EFFECTIVE DATE: February 22, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DACF RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 5, Rules and Regulations for Lunch and Campsites in the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake
ADOPTED RULE NUMBER: 2017-025
CONCISE SUMMARY: This amendment will allow for the increase of camping fees to offset the cost of maintaining campsites in the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake. The last fee increase was in 2008. Fees will be adjusted to keep pace with additional costs of maintaining campsites.
EFFECTIVE DATE: February 22, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DACF RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .

AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 51, Polygraph Examiner License Regulation
ADOPTED RULE NUMBER: 2017-026
CONCISE SUMMARY / BASIS STATEMENT (revised 02.07.2017): 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 provisions of 32 MRS Ch. 86 and the regulation.
EFFECTIVE DATE: February 22, 2017
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive - Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7205. E-mail: Christopher.Parr@Maine.gov .
DPS WEBSITE: http://www.maine.gov/dps/ .