March 1, 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

AGENCIES: 10-144 - Department of Health and Human Services (DHHS) - MCDC Immunization Program, jointly with 05-071 - Department of Education (DOE)
PROPOSED RULE FILING NUMBERS: 2017-P024, P025
RULE CHAPTER NUMBERS: 10-144 CMR Ch. 261 (DHHS); 05-071 CMR Ch. 126 (DOE)
RULE TITLE: Immunization Requirements for School Children
CONCISE SUMMARY: These proposed changes add a Meningococcal vaccine to the required school entry for children entering 7th grade, to further protect Maine students from contracting meningitis, which affects 1,000 to 2,600 people annually in the U.S.
PUBLIC HEARING: No public hearing planned
DEADLINE FOR COMMENTS: March 21, 2017
AGENCY CONTACT PERSONS (including small business information):
DHHS: Tera Pare, Manager, Regulations and Enforcement, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov . DHHS Rule-making Liaison: Kevin.Wells@Maine.gov .
DOE: Jaci Holmes, Federal State Legislative Liaison / DOE Rule-making Liaison, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
FISCAL IMPACT OF THE RULE: None.
STATUTORY AUTHORITY: 20-A MRS  § § 6352-6359
WEBSITES:
DHHS: http://www.maine.gov/dhhs/mecdc/ .
DOE: http://www.maine.gov/doe/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting Season
PROPOSED RULE NUMBER: 2017-P026
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled a public hearing to discuss its proposal allocating the number of moose hunting permits to be issued for the 2017 moose hunting season. Permits will be issued for bulls, antlerless and any-moose. Proposed permit allocations according to Wildlife Management District are as follows:
WMD 1 – 275 bulls / 50 antlerless
WMD 2 – 200 bulls /50 antlerless
WMD 3 – 135 bulls / 50 antlerless
WMD 4 – 200 bulls / 50 antlerless
WMD 5 – 125 bulls
WMD 6 – 125 bulls
WMD 7 – 125 bulls
WMD 8 – 175 bulls
WMD 9 – 75 bulls
WMD 10 – 60 bulls
WMD 11 – 50 bulls
WMD 12 – 35 bulls
WMD 13 – 35 bulls
WMD 14 – 35 bulls
WMD 15 – 25 any-moose
WMD 16 – 20 any-moose
WMD 17 – 20 bulls
WMD 18 – 40 bulls
WMD 19 – 75 bulls/20 antlerless
WMD 22 – 0 permits
WMD 23 – 0 permits
WMD 25 – 0 permits
WMD 26 – 0 permits
WMD 27 – 10 bulls
WMD 28 – 20 bulls
TOTAL: 1,815 bulls /220 antlerless / 45 any-moose
PUBLIC HEARING: March 20, 2017 @ 6:00 p.m. – Camden National Bank Ice Vault, 203 Whitten Road, Hallowell
COMMENT DEADLINE: March 30, 2017
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  §11552
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
AGENCY WEBSITE: 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 17, Community Support Services and Allowances for Community Support Services
ADOPTED RULE NUMBER: 2017-027
CONCISE SUMMARY: The Department adopts this rule to effectuate the following changes:
1. This rule adoption will finalize the addition of transition language for members receiving services within Section 17 who no longer meet clinical criteria for services due to the rule change adopted March 22, 2016 with effective date of April 26, 2016. Following various changes to Ch. II Section 17, “Community Support Services”, adopted by the Department on March 22, 2016, certain members no longer met clinical criteria for Community Support Services. This prompted a legislative review of the Section 17 rule changes, after which the Legislature enacted Resolves 2015 ch. 82 (eff. April 26, 2016). This Resolve requires the Department to extend the authorized service period for certain individuals who no longer meet clinical criteria for Section 17 services after the rule changes adopted on March 22, 2016. For members affected by the March 22nd rule change, the Department shall authorize a 120 day extension for the member’s Section 17 services. Additionally, 90-day extensions may be granted, provided the member is able to reasonably demonstrate to the Department, or Authorized Entity, that he or she has attempted to, and has been unable to, access medically necessary covered services under any other section of the MaineCare Benefits Manual. The Ch. II changes shall be effective retroactive to April 26, 2016. The temporary transition period shall end on June 30, 2017.
2. Separately, the Legislature enacted An Act to Increase Payments to MaineCare Providers that are Subject to Maine’s Service Provider Tax, P.L. 2015, ch. 477 (eff. April 15, 2016). Certain MaineCare providers subject to the service provider tax have experienced an increase in the tax to 6% since January 1, 2016. The Legislature thus provided additional appropriations to certain MaineCare providers, including Section 17 providers, in an effort to offset the increase in the provider tax. The Department is seeking and anticipates CMS approval of the reimbursement changes for Section 17 providers. Pending approval, the Department will reimburse providers under the new increased rates retroactively to July 1, 2016 pursuant to PL 2015 ch. 477 (eff. April 15, 2016).
3. The Department notes that on April 29, 2016, the Legislature overrode the Governor’s veto of LD 1696, Resolve, To Establish a Moratorium on Rate Changes Related to Rule Chapter 101: MaineCare Benefits Manual, Sections 13, 17, 28 and 65 (Resolves 2015 ch. 88). That law imposes a moratorium on rule-making to change reimbursement rates, including Section 17, until after a rate study has been completed and presented to the Legislature. The Department consulted with the Office of Attorney General and the Office of the Attorney General determined and has advised the Department that Resolves 2015 ch. 88 does not prevent the rule changes because (1) the separate law, PL 2015 ch. 477, is more specific in regard to changing reimbursement for providers impacted by the Service Provider Tax increase; and (2) these are reimbursement rate increases, thus providing a benefit to MaineCare providers.
4. This rule adoption will remove Clubhouse services and Specialized Group Services as covered services and for reimbursement from this section of policy, as those services are now available via Section 65, “Behavioral Health Services”. A limitation has been added to ensure Clubhouse services could no longer be provided via this section of policy. Additionally, a limitation has been added in response to comment to prohibit Section 17, “Community Support Services”, from being provided concurrently with Clubhouse or Specialized Group services available within Section 65, “Behavioral Health Services”.
5. This rule adoption adds the definition of the Adult Needs and Strengths Assessment (ANSA), as well as provider requirements to complete, update, and document the assessment at regular intervals. In response to comments, 17.08-2 has been updated since the proposed rule to add specificity of when the initial ANSA will be completed (initial thirty (30) days of treatment), who will complete it (ANSA certified staff), and under which service (Community Integration).
6. This rule adds language giving members the option to request to hold for service if providers are unable to meet the seven (7) day face-to-face requirement of new referrals per 17.03. Members may elect to hold for service only after an agency has adequately informed the member of their options. The member must be advised of alternative service providers and must have the option to wait given available information.
7. The rule also adds language to the Individualized Service Plan in 17.04-1.E requiring a goal on a member’s access to primary care, specialty care, and routine appointments. This also requires the MHRT to document evidence of the visit as described in 17.04-1.N. This has been updated since the proposed rule to modify language from “Primary care physician” to “primary care provider.”
8. Lastly, this rule updates language of CMS approval about the inclusion of Certified Peer Support Specialists (CIPSS) as part of the ACT Team defined in 17.04-3.A-5.
9. Additional changes have been made via feedback from the comment period and AAG review, which are noted at the conclusion of the Comments documents.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 26, 2017
AGENCY CONTACT PERSON: Dean Bugaj, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Dean.Bugaj@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. III Section 18, Allowances for Home and Community Based Services for Adults with Brain Injury
ADOPTED RULE NUMBER: 2017-028
CONCISE SUMMARY: This adopted rule includes rate increases to comply with PL 2015 ch. 477 (eff. April 15, 2016), consistent with changes adopted in emergency rule-making. The adopted rule results in a 1% rate increase for the following services:
o T2019 U9, Employment Specialist Services (Habilitation, supported employment waiver), from $7.42 to $7.49 per  Ľ hour.
o T2016 U9, Home Support (Residential Habilitation) Level II, from $298.35 to $301.39 per diem.
o T2016 U9 TG, Home Support (Residential Habilitation) Level III – Increased Neurobehavioral, from $485.00 to $489.61 per diem.
o T2017 U9, Home Support (Residential Habilitation) Level I, from $6.27 to $6.33 per Ľ hour.
o T2017 U9 QC, Home Support (Residential Habilitation)-Remote Support-Monitor Only, from $1.62 to $1.63 per  Ľ hour.
o T2017 U9 GT, Home Support (Residential Habilitation)-Remote Support-Interactive Support, from $6.27 to $6.33 per  Ľ hour.
o 97535 U9 Self Care/Home Management Reintegration-Individual, from $14.39 to $14.52 per  Ľ hour.
o 97535 U9 HQ Self Care/Home Management Reintegration-Group, from $9.59 to $9.68 per  Ľ hour.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: February 27, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6195. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 889 (New), Designation of Two Flame Retardants as Priority Chemicals
ADOPTED RULE NUMBER: 2017-029
CONCISE SUMMARY: This rule designates two chemicals of high concern as priority chemicals and requires reporting for certain product categories that contain one or more of these regulated chemicals. The rule applies to manufacturers of specified product categories that contain intentionally added amounts of decabromodiphenyl ether (deca BDE) or hexabromocylododecane (HBCD), which are used in the non-polymeric, additive form as a flame retardant. The rule seeks to gather information which would clarify the prevalence of such uses of the listed flame retardants.
EFFECTIVE DATE: March 4, 2017
AGENCY CONTACT PERSON: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. E-mail: Kerri.Malinowski@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .