June 21, 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: 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 45, Hospital Services
PROPOSED RULE NUMBER: 2017-P073
CONCISE SUMMARY: This proposed rule provides for the following changes:
* An update to reporting requirements for Acute Care Critical Access Hospitals and Private Psychiatric Hospitals to reflect current reporting requirements;
* The addition of separate reimbursement for Long Acting Reversible Contraceptives (LARCs) when the device is inserted during the postpartum inpatient hospital stay;
* An expansion of the definition of Discharge to include inpatient maintenance chemotherapy as an exception to the fourteen-day (14) readmission protocol;
* The requirement for providers to submit mapping documents to aid in payment methodology calculations;
* An adjustment requiring payment of 100% in the event of a hospital overpayment;
* The addition of the payment window rule requiring hospitals or entities wholly-owned or wholly-operated by a hospital, to bill the technical component of outpatient services provided within a 3-day (or 1-day) window preceding inpatient admission on the inpatient claim;
* Establishing a modifier to identify and pay non-excepted items and services of off-campus hospital outpatient provider-based departments (PBDs);
* A clarification to the out-of-state hospitals section clarifying that laboratory and imaging outpatient services reimbursement shall not exceed the 100% of Medicare reimbursement rate for the Maine area ’99;
* Terminology and references updates; and
* Minor language editing for clarification purposes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, July 10, 2017 at 9:00 a.m., Marquardt Building - Room #118, 32 Blossom Lane, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Monday, July 3, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on July 20, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking 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 RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-313 - Maine Board of Dental Practice (Affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
PROPOSED RULE NUMBER: 2017-P074
BRIEF SUMMARY: This effort is a complete repeal and replace of the existing Board rule and proposes changes as follows:
* Eliminates categories of continuing education activities.
* Identifies required areas of study as a condition for dentists to prescribe opioids.
* Identifies required areas of study as a condition for dentists to hold a sedation permit.
* Clarifies requests for “Inactive Status” and requirements to return to active practice.
* Clarifies eligible continuing education activities such as online courses and webinars.
* Increases the number of hours required for renewal of denturist licensure from 20 to 30 biennially.
* Requires faculty licensees to complete continuing education as a condition to renew.
* Clarifies the continuing education audit process.
* Clarifies the documentation requirements.
PUBLIC HEARING: July 14, 2017 at 1:00 p.m., Maine Board of Dental Practice - Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: July 26, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY 711. Email: Penny.Vaillancourt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 18308(4), 18324, 18350, 18351
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
BOARD WEBSITE: http://www.maine.gov/dental/ .


AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan
PROPOSED RULE NUMBER: 2017-P075
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule provide more flexibility to local districts that participate in the plan in terms of the benefits that can be elected for the district’s employees. Each district contributes to the plan based on benefits elected.
PUBLIC HEARING: None
COMMENT DEADLINE: July 28, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, Maine 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3108. Fax: (207) 512-3282. Email: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  § § 17103(4), 18801
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MainePERS WEBSITE: www.mainepers.org .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2017-P076
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
BRIEF SUMMARY: The proposed changes contain clarifications, additions and deletions that will improve the content and value of the MHDO hospital encounter data for authorized data users. MHDO is aware of the challenges created for the hospitals when changes are made to the MHDO file layout. Therefore, we have minimized the disruption of the proposed changes in the layout by ensuring that most of the changes occur at the end of a record type. Lastly, several of the proposed changes align with updates to the national standards and the MHDO’s new data submission process. Copies of these proposed rules can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: July 13, 2017, at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING 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. Email: Debra.J.Dodge@Maine.gov .
COMMENT DEADLINE: July 24, 2017 at 5:00 p.m.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 1683  § § 8704 sub- §4, 8708
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .

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. III Section 97, Private Non-Medical Institution Services
ADOPTED RULE NUMBER: 2017-091
CONCISE SUMMARY: This final adoption major substantive rulemaking implements a one (1) percent rate increase in the direct care component to PNMI Services providers who have experienced an increase in the Maine Service Provider Tax since January 1, 2016 pursuant to PL 2015 ch. 477, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax. If CMS approves, the increased reimbursement rates will be effective retroactive to July 1, 2016.
Also, this final adoption major substantive rule effectuates a supplemental payment of fifteen (15) percent, in addition to the MaineCare rate, to eligible Appendix C remote island facilities. This increase will apply only to facilities located on an island not connected to the mainland by a bridge. If CMS approves, the increased rates for remote island facilities will be effective retroactive to October 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 16, 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. Email: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .