August 9, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking 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: 4.01 (G. 1a, 1b), Upland Game and Furbearing Animals (Beaver)
PROPOSED RULE NUMBER: 2017-P096
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt amendments to the season dates and the open and closed areas for beaver trapping as follows: WMDs 1-4, October 15 – April 30; WMDs 5, 6, 8, 9, 10, 11, October 29 – April 30; WMDs 18, 19, 28, October 29 – April 15; WMDs 7, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 29, October 29 – March 31.
During the open season for beaver trapping in any of the twenty nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions: 1) Town open to beaver trapping with certain specified areas closed; 2) Town closed to beaver trapping with certain specified areas open; 3) Town closed to all beaver trapping or 4) Town open to all beaver trapping. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: August 29, 2017 @ 6:00 p.m. - Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: September 8, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street 41 SHS, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

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-P097
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;
* An increase in the amount of funds in the supplemental pool to comply with PL 2017 Ch. 284 Sec. ZZZZZZ-9;
* A restructuring of the supplemental pool methodology used to allocate hospital supplemental pool payments for Non-Critical Access Hospitals, hospitals classified to a wage area outside of Maine by the Medicare Geographic Classification Review Board, and Rehabilitation hospitals;
* 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, August 28, 2017 at 9:00 a.m., Marquardt Building, Room #118, Door D7, 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, August 21, 2017.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on September 7, 2017.
AGENCY CONTACT PERSON: 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.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS    42, 3173; PL 2017 ch. 284 sec. ZZZZZZ-9
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2017-2018 Harvesting Season
ADOPTED RULE NUMBER: 2017-116
CONCISE SUMMARY: This regulation establishes open harvest days for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 for the 2017-2018 season. It also establishes the utilization of harvester swipe cards for picking days to fish. This is a pilot project which aims to evaluate the swipe card system which could potentially provide industry the flexibility to fish in a safer manner and to increase roe quality. For Zone 1, 20-day seasons are established for divers, trappers, rakers and draggers in 2017-2018, from which harvesters may only fish up to 15 days of their choosing, the same number of days allowed during the 2016-2017 season. For Zone 2, 45-day seasons are established for divers, trappers, rakers and draggers in 2017-2018, from which harvesters may only fish up to 38 days of their choosing, the same number of days allowed during the 2016-2017 season. For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 15-day season is established for Zone 2 divers, trappers, rakers and draggers in 2017-2018, which is six additional days compared to the 2016-17 season. This regulation also establishes a limited access area in Blue Hill Bay for a Department-initiated, five year research project in collaboration with industry using Department issued spatial trackers.
EFFECTIVE DATE: August 7, 2017
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR rulemaking website: http://www.maine.gov/dmr/rulemaking/ . DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: Recreational Cod, Haddock and Pollock - Federal Compliance and Technical Changes
ADOPTED RULE NUMBER: 2017-117
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council (NEFMC) and for consistency with the National Marine Fisheries Service (NMFS) federal regulations, the Department adopts changes for charter, party and recreational vessels operating in state waters regarding cod, haddock and pollock. A zero (0) possession limit is adopted for cod. In 2016 recreational fishermen exceeded their sub-ACL of cod by 92%. Therefore, the NEFMC recommended zero (0) possession of cod on all charter, party and recreational vessels. Recreational possession limits for haddock are decreased from 15 to 12 fish along with a new closed season for the fall, in addition to the existing spring closure. In 2016 recreational fishermen exceeded their 2016 sub-ACL of haddock by 15%. Therefore, the NEFMC recommended that recreational haddock possession be further restricted. For pollock, possession limit and the minimum size limit of 19" (48.3 cm) are removed for consistency with adjacent state recreational fisheries & to provide additional fishing opportunities to the fleet, as the pollock resource is currently considered to be in a healthy state.
EFFECTIVE DATE: August 7, 2017
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR rulemaking website: http://www.maine.gov/dmr/rulemaking/ . DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2017-118
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area lA on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). During the Days Out Conference Meetings, the Atlantic Herring Section has designated landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 - September 30). Designated landing days for these permit holders are five consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Friday. Category A permit holders are limited to landing 680,000 lbs. (17 trucks) weekly; and, may transfer to only one carrier vessel per week up to 120,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring seven days a week and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. All harvesters issued a State Commercial Pelagic and Anadromous License may fish and land Atlantic herring on seven days a week in territorial waters and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. Harvester vessels may transfer catch to another harvester vessel while at-sea. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.).
EFFECTIVE DATE: August 7, 2017
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR rulemaking website: http://www.maine.gov/dmr/rulemaking/ . DMR rulemaking email: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTERNUMBERAND TITLE: Ch.351, Maine Child Support Enforcement Manual: Ch. 2, Definitions
ADOPTED RULE NUMBER: 2017-119
CONCISE SUMMARY: The “Flexibility, Efficiency and Modernization in Child Support Enforcement Programs” final rule was published by the Federal government on December 20, 2016. Several provisions in the new regulation necessitate changes to the Maine Child Support Enforcement Manual ("Manual") in order to remain in compliance with the State Plan for Child Support Enforcement. This rulemaking brings the Manual up to date with these changes.
Ch. 2 - Definitions: This rulemaking will update the definition of Medical Support to include public assistance, and adds a definition for "Payee," which includes the designation of a conservator as required by the Federal Regulation.
EFFECTIVE DATE: August 9, 2017
AGENCY CONTACT PERSON: Jerry Joy, Director, DHHS DSER, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6985. Email: Jerry.Joy@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULEMAKING LIAISON: Kevin.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, Changes to the Maine Child Support Enforcement Manual: Ch. 5, 12, 13 and 25
ADOPTED RULE NUMBER: 2017-120
CONCISE SUMMARY: The “Flexibility, Efficiency and Modernization in Child Support Enforcement Programs” final rule was published by the Federal government on December 20, 2016. Several provisions in the new regulation necessitate changes to the Maine Child Support Enforcement Manual ("Manual") in order to remain in compliance with the State Plan for Child Support Enforcement. This rulemaking brings the Manual up to date with these changes.
EFFECTIVE DATE: August 9, 2017
AGENCY CONTACT PERSON: Jerry Joy, Director, DHHS DSER, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6985. Email: Jerry.Joy@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

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. III Section 21, Allowances for Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2017-121
CONCISE SUMMARY: This regulation governs the reimbursement for a federal Medicaid 1915(c) waiver service. This regulation is a major substantive rule.
On September 28, 2016, the Department adopted an emergency major substantive rule for Ch. III Section 21, to comply with PL 2015 ch. 477 (An Act to Increase Payments to MaineCare Providers that are Subject to Maine’s Service Provider Tax). The Maine Legislature enacted PL 2015 ch. 477 on an emergency basis, and therefore the legislation took effect on the date that it was signed by Governor LePage; April 15, 2016. The September 28, 2016 emergency major substantive rule increased 23 codes/services by 1%, with a retroactive effective date of April 15, 2016. Pursuant to 5 MRS  8073, the September 28, 2016, emergency major substantive rule – with the 1% rate increases - is effective for up to twelve months or until the Legislature has completed its review of the provisionally adopted rule.
Pursuant to 5 MRS  8072(1), the Department engaged in proposed rulemaking for Ch. III Section 21. On February 24, 2017, the Department provisionally adopted the Ch. III Section 21 major substantive rule. The Department submitted the provisionally adopted rule to the Legislature, which authorized adoption of the rule with some legislative changes. Resolves 2017 ch. 15, approved by the Governor on June 8, 2017.
This rulemaking makes the following changes, all of which were approved or initiated by the Legislature:
* To match the current terminology in the DSM 5, renamed the Section from “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder” to “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder.”
* In Appendix I changed “Consultation Services” for both Psychological and Speech Therapy to “Consultative Services” to be consistent with the approved service name in the waiver application. These changes have no impact on services or billing.
* Make permanent the 1% rate increase to 23 codes/services that received a 1% rate increase in the September 28, 2016 Emergency Major Substantive rulemaking. These codes, and the increased rates, are listed in Appendix I.
* To allow different billing options for different group sizes, replaced H023 HQ Work Support (supported employment) with the following modifiers below:
* H2023 UN Work Support (supported employment)-Group 2 members served.
* H2023 UP Work Support (supported employment)-Group 3 members served.
* H2023 UQ Work Support (supported employment)-Group 4 members served.
* H2023 UR Work Support (supported employment)-Group 5 members served.
* H2023 US Work Support (supported employment)-Group 6 members served.
When proposing the rule the Department proposed removing the range methodology in Appendix IIA and IIB. The reason for this was that it is the expectation of the Department that providers bill only for the services they provide. The range methodology was originally included in the rule to allow for fluctuations in staffing. Based on the comments received, the Department decided to not go forward with that rule change.
The Legislature, Resolves 2017, Ch. 15, approved the changes listed above, and in addition made the following changes to the Final Rule:
1.  1050 the definition of per diem has been changed to remove the requirement that a provider bill only for days on which a member is receiving per diem Home Support at 11:59 p.m. The definition of per diem has been changed to clarify that there is no requirement that a provider bill only for days on which a member is physically present in the home at 11:59 p.m. and that on days when a member is transitioning between providers of home support, only the provider providing home support services at 11:59 p.m. may bill for home support.
2.  2000 (Audit of Services) the Legislature removed the proposed change in the documentation requirement for staffing schedules, so that the documentation requirement remains as it is in current rules, which require documentation showing the hours and the name of the direct staff scheduled to work at the facility.
The rule will be final 30 days after it is filed with the Secretary of State.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 6, 2017
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Children’s and Waiver Services Program Manager, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Ginger.Roberts-Scott@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-625 – Public Utilities Commission (PUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 2, Requirements for the Enhanced 9-1-1 System Service Provider and Local Exchange Carriers
ADOPTED RULE NUMBER: 2017-122
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 2 of the Emergency Services Communication Bureau's Rules pertaining to requirements for Local Exchange Carriers regarding Enhanced 9-1-1 and the Enhanced 9-1-1 System Service Provider.
EFFECTIVE DATE: August 13, 2017
AGENCY CONTACT PERSON / PUB RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUB WEBSITE: http://www.maine.gov/mpuc/ .