April 19, 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: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 536, Securities Manuals
PROPOSED RULE NUMBER: 2017-P035
BRIEF SUMMARY: The proposed amendment to Office of Securities Rules Ch. 536 would remove Standard & Poor’s from the list of “nationally recognized securities manuals” for use with Section 16202(2)(D) of the Maine Uniform Securities Act because the manual is no longer in publication. Additionally, the Office proposes to add OTCQX and OTCQB electronic markets to the list of nationally recognized securities manuals. The text of the proposed rule and the notice of rulemaking may be found at the Office’s website: www.investors.maine.gov .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Written comments must be received no later than 4:30 p.m. on Wednesday, May 24, 2017 and should be addressed to: Judith M. Shaw, Securities Administrator, 121 State House Station, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Judith M. Shaw, Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. E-mail: Judith.M.Shaw@Maine.gov .
SMALL BUSINESS IMPACT STATEMENT: This amendment would not have a measurable impact on small businesses.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS    16202(2)(D), 16605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OFFICE OF SECURITIES RULE-MAKING LIAISON: Karla.Black@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 80, Pharmacy Services
PROPOSED RULE NUMBER: 2017-P036
CONCISE SUMMARY: This rule-making contains different components, each of which is outlined below:
Prescribing Opioids for Pain Management
This proposed rule-making includes the addition and implementation of a new sub-section for prescribing opioids for pain management to align with the Department’s Office of Substance Abuse and Mental Health Services rules governing the Controlled Substances Prescription Monitoring Program and Prescription of Opioid Medications. See 14-118 Ch. 11. This section offers a balanced approach to pain management that includes recommendations for using opioids when appropriate, such as with acute injuries and flare ups, for postoperative pain management, and during painful procedures; and recommending multimodal therapies in general for all chronic pain patients. The rule sets out prescriber requirements, limitations, and exemptions that comply with state and federal laws, and provides guidelines for prior authorizations and medical records requirements.
Buprenorphine and Buprenorphine Combination Products for Substance Use Disorder
This proposed rule-making adds a new sub-section to this section providing MaineCare rules and guidelines for office-based prescribing of buprenorphine and buprenorphine-combination medications. The section provides best practices guidelines for Medication Assisted Treatment using buprenorphine and derivatives for members who have been diagnosed with Substance Use Disorder (SUD). Prescriber requirements, member requirements, detailed protocols, limitations on members qualified to receive the drug, rules regarding prior authorization, clearly defined maximum daily dosages, as well as requirements for medical records are defined and follow the model established by the Drug Addiction Treatment Act of 2000 (DATA).
CMS Outpatient Drug Rule
This proposed rule-making helps align Maine Medicaid policy with the CMS Covered Outpatient Drug final rule. This rule-making updates the reimbursement methodology for covered outpatient drugs and also updates the pharmacy dispensing fee from to $3.35 to $11.89 following the New England States Consortium Systems Organization (NESCSO) pharmacy cost of dispensing survey.
In adding the new requirements and additions to Section 80, the Department has also incorporated a few minor changes to the rule, including but not limited to: adding to and updating the definitions section and updating formatting and numbering as a result of the changes mentioned above.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, May 8, 2017 - 9:00 a.m., Conference Room 209B, Augusta Armory, 179 Western Avenue, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before April 28, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on May 18, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Thomas M. Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Thomas.Leet@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
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 93, Opioid Health Home Services
PROPOSED RULE NUMBER: 2017-P037
CONCISE SUMMARY: The proposed rule establishes the MaineCare Opioid Health Home (OHH) Services program for addressing the opioid crisis in Maine. The OHH initiative is an innovative model providing comprehensive, coordinated care focused on serving the MaineCare population. In addition to expanding primary care access to treatment for an individual’s substance abuse dependency, the OHH integrates physical, social, and emotional supports to provide holistic care. The model provides a community-based support system focused on team-based clinical care. The OHH team model involves a range of qualified staff, including a Clinical Team Lead, Medication Assisted Therapy (MAT) prescriber, Nurse Consultant, Licensed Alcohol and Drug Counselor, Certified Clinical Supervisor, and Peer Recovery Coach. It is expected that this newly established OHH program will not only result in more individuals receiving the substance abuse treatment they need, but will also lead to improvements in the quality of care they are receiving. OHH services are optional, and members can choose to receive the services from any OHH.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Monday, May 8, 2017 at 9:00 a.m., Marquardt Building, 32 Blossom Lane, Room #118, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 1, 2017.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on May 18, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: 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 .
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; 5 MRS  8054; PL 2017 ch. 2 Part P (the “Supplemental Budget”)
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-148 - Department of Health & Human Services (DHHS), Maine CDC - Children’s Licensing and Investigations Program
CHAPTER NUMBER AND TITLE: Ch. 33, Rule for the Licensing of Family Child Care Providers
PROPOSED RULE NUMBER: 2017-P038
BRIEF SUMMARY: The proposed changes repeal and replace the Rules for the Certification of Family Child Care Providers and refocus, clarify and streamline minimum health and safety standards for the licensing of family child care providers, who are licensed to care for children in their own homes. They include removing obsolete definitions, while adding and clarifying other definitions for terms necessary for the rule; streamlining and clarifying requirements for license applications; clarifying the Department’s inspection and investigation procedures of licensed family child care providers; unifying and streamlining record-keeping requirements into one section; changing staff/child ratios, by allowing family child care providers to exclude their own children from the staff/child ratio calculation; reframing the order and language of the rule to more clearly describe provider licensing responsibilities; clarifying requirements for providers caring for children in swimming and wading settings; and increasing transparency in the enforcement process, by more clearly describing each step involved. The Department eliminated requirements for personal references, allowed providers to count first aid and CPR training in annual training hours required, eliminated the provisional license, reduced the number of fire drills required, and eliminated the drafting of specific policies that extended beyond baseline health and safety requirements.
PUBLIC HEARING: Monday, May 8, 2017 - 9 a.m., Augusta Armory, 179 Western Avenue, Augusta, ME
COMMENT DEADLINE: 5:00 p.m., May 18, 2017
CONTACT PERSON FOR THIS FILING: Jonathan Leach, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9395. E-mail: Jonathan.H.Leach@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: These rule changes pose no fiscal impact to counties or municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    7702-B(11), 7703(6), 7704, 7707(3), 7802(7), 8301(8), 8302-A(2), 8303-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/dlrs/Licensing/children/daycare-nursery.html .
AGENCY RULE-MAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2017-P039
BRIEF SUMMARY: MRS is proposing to amend Rule 104 (“Filing of Maine Tax Returns”). The rule is being amended to include electronic filing requirements for preparers of real estate transfer tax declarations.
PUBLIC HEARING: none
COMMENT DEADLINE: May 19, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule changes will impact municipalities in that necessary information on sales of property will be available more quickly after the sales than currently. The rule impact counties by requiring more real estate transfer tax declarations to be filed electronically. Generally, this will streamline the process and make things easier for the county registries of deeds.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  193
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULE-MAKING LIAISON: Robert.Weaver@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 93 (New), Opioid Health Home Services
ADOPTED RULE NUMBER: 2017-060 (Emergency)
CONCISE SUMMARY: The adopted rule establishes the MaineCare Opioid Health Home (OHH) Services program for addressing the opioid crisis in Maine. The OHH initiative is an innovative model providing comprehensive, coordinated care focused on serving the MaineCare population. In addition to expanding primary care access to treatment for an individual’s substance abuse dependency, the OHH integrates physical, social, and emotional supports to provide holistic care. The model provides a community-based support system focused on team-based clinical care. The OHH team model involves a range of qualified staff, including a Clinical Team Lead, Medication Assisted Therapy (MAT) prescriber, Nurse Consultant, Licensed Alcohol and Drug Counselor, Certified Clinical Supervisor, and Peer Recovery Coach. It is expected that this newly established OHH program will not only result in more individuals receiving the substance abuse treatment they need, but will also lead to improvements in the quality of care they are receiving. OHH services are optional, and members can choose to receive the services from any OHH.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 11, 2017
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: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 11, Policy and Procedure Manual – Adult and Juvenile: Subsection 18.19.1, Use of Mechanical Restraints on a Pregnant Prisoner or Pregnant Resident
ADOPTED RULE NUMBER: 2017-061 (Emergency)
CONCISE SUMMARY: This emergency adoption amends the rule from requiring a security supervisor to be present during every transport of a pregnant prisoner or resident to allowing the Chief Administrative Officer, or designee, to determine whether a security supervisor needs to be present. Regardless of whether a security supervisor is present or not, the use of mechanical restraints will still require a decision by a security supervisor.
EFFECTIVE DATE: April 14, 2017
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Mary Lucia, Department of Corrections, 25 Tyson Drive – 111 State House Station, Augusta, ME 04333-0111. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .