November 8, 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: 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 19, Home and Community Benefits for the Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2017-P156
CONCISE SUMMARY: In PL 2017 ch. 284  §MMMMMMM-2, the Legislature directed DHHS to increase reimbursement rates for home-based and community-based personal care and related services in Section 19, and gave emergency rulemaking authority. This proposed rule will permanently adopt the emergency rule changes. Additionally, some procedure, modifier and revenue codes are being proposed to be changed at the same time for the system to correctly pay and track the new rates.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
DATE AND PLACE OF PUBLIC HEARING: Tuesday, November 28, 2017 - 1:00 p.m., Conference Room103B, Cross Office Building, 111 Sewall Street, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 9, 2017.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on December 10, 2017.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Ginger Roberts-Scott, Children’s and Waiver Services Program Manager, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Ginger.Roberts-Scott@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; PL 2017 ch. 284  §MMMMMMM-2
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: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2017-P157
BRIEF SUMMARY: The proposed rule amendments would permit the Commission to develop an alternative method for candidates seeking Maine Clean Election Act funding to verify the voter registration of contributors by using the Commission’s online qualifying contribution service.
PUBLIC HEARING: Thursday, November 30, 2017 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, December 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Jonathan.Wayne@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS  §1003(1); 21-A MRS  §1126
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
AGENCY WEBSITE: http://www.maine.gov/ethics/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 122, Maine Medical Use of Marijuana Program Rule
ADOPTED RULE NUMBER: 2017-168
CONCISE SUMMARY: The adopted rule implements changes enacted by the 126th and 127th Legislature, removes language that duplicates statutes, corrects grammatical errors, outdated language and inconsistencies, and provides clarification regarding the Department's policies and practices specific to regulating the cultivation, dispensing and possession of marijuana for medical use.
Changes establish the following: new terms and definitions; a system to monitor and enforce compliance actions; and requirements for registry identification card applications, patient designations, written certifications, including medical provider-patient relationship, and reporting and record-keeping by caregivers and dispensaries. The adopted rule prohibits a visiting patient from cultivating marijuana for medical use, requires Department-approval to acquire excess marijuana, and requires medical provider endorsement to petition to add to the list of debilitating conditions. Additionally, the adopted rule removes the provision requiring the identification of an authorized person to be held by the caregiver or dispensary while the person is in the cultivation area, permits a medical provider to proceed with certifying a minor patient in the absence of a list of consulting physicians and requires nursing facilities that assist qualifying patient to have policies related to the storage, use and administration of marijuana for medical use. Changes clarify what constitutes a "collective" and update application fees to be consistent with current practice.
EFFECTIVE DATE: February 1, 2018
AGENCY CONTACT: Bridget Bagley, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
Maine CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml .
DHHS RULEMAKING 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 19, Home and Community Benefits for the Elderly and Adults with Disabilities.
ADOPTED RULE NUMBER: 2017-169 (Emergency)
CONCISE SUMMARY: This emergency rule increases reimbursement rates to comply with PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Funds and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019.
PL 2017 Ch. 284 Part MMMMMMM-1 requires the Department to amend its rules for reimbursement rates for home-based and community-based personal care and related services provided under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. III Section 19, “Home and Community Benefits for the Elderly and Adults with Disabilities” and referenced in the February 1, 2016 report “Rate Review for Personal Care and Related Services: Final Rate Models” prepared for the Department by Burns & Associates, Inc. Further, Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284. Ch. 284 provides funding to increase these rates. See Part ZZZZZZ, Section ZZZZZZ-2.
PL 2017 Ch. 284 Part TTTT  §TTTT-1 authorizes the Department to adopt rules increasing these rates on an emergency basis without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.
The Legislature did not appropriate additional funding for these rate increases beyond June 30, 2018; therefore, rates will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
The emergency rule increases the following rates:
S5125 U7-Attendant Care Services (Personal Care Services, Participant Directed Option)
S5125 U7 UN-Attendant Care Services (Personal Care Services, Participant Directed Option)-2 members served
S5125 U7 UP-Attendant Care Services (Personal Care Services, Participant Directed Option)-3 members served
T1019 U7 (0589)-Personal Care Services (Agency PSS)
T1019 U7 UN-Personal Care Services (Agency PSS)-2 members served
T1019 U7 UP-Personal Care Services (Agency PSS)-3 members served
T1005 Respite Care Services, in the home
T1005 UN- Respite Care Services, in the home-2 members served
T1005 UP-Respite Care Services, in the home-3 members served
T1005 U7-Respite Care Services, in the home-Participant Directed Option
T1005 UN-Respite Care Services, in the home-Participant Directed Option-2 members served
T1005 UP-Respite Care Services, in the home-Participant Directed Option-3 members served
T1005 (0669) Respite Care, in the home by CNA/Home Health Aide
T1005 UN (0669) Respite Care, in the home by CNA/Home Health Aide-2 members served
T1005 UP (0669) Respite Care, in the home by CNA/Home Health Aide-3 members served
G0299 (0551) Skilled Nursing Visit (R.N.) (Non-Medicare Certified Home Health Agency)-Home Health Services
G0299 U7 UN (0551) Skilled Nursing Visit (R.N.) (Non-Medicare Certified Home Health Agency)-Home Health Services-2 members served
G0299 U7 UP (0551) Skilled Nursing Visit (R.N.) (Non-Medicare Certified Home Health Agency)-Home Health Services-3 member served
G0300 (0559) Nursing Visit (LPN) (Non-Medicare Certified Home Health Agency)-Home Health Services
G0300 U7 UN (0559) Nursing Visit (LPN) (Non-Medicare Certified Home Health Agency)-Home Health Services-2 members served
G0300 U7 UP (0559) Nursing Visit (LPN) (Non-Medicare Certified Home Health Agency)-Home Health Services-3 members served
T1004 (0581) Certified Nurse’s Aide-Home Health Services
T1004 U7 UN (0581) Certified Nurse’s Aide-Home Health Services-2 members served
T1004 U7 UP (0581) Certified Nurse’s Aide-Home Health Services-3 members served
G0156 (0571) Home Health Aide- Home Health Services
G0156 (0571) Home Health Aide- Home Health Services-2 members served
G0156 (0571) Home Health Aide- Home Health Services-3 members served
G0299 Skilled Nursing Visit (R.N.) – Home Health Services
G0299 UN Skilled Nursing Visit (R.N.) – Home Health Services-2 members served
G0299 UP Skilled Nursing Visit (R.N.) – Home Health Services-3 members served
Pursuant to 5 MRS  § 8054 (3), this emergency rule may be effective for up to ninety (90) days. The Department intends to proceed with routine technical rulemaking to permanently adopt this rule.
These increased rates will be effective retroactive to July 1, 2017. The Department has determined that a retroactive increase to the beginning of the state fiscal year is appropriate, since the appropriation is intended for the entire fiscal year. The retroactive application comports with 22 MRS  §42(8) which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider.
This routine technical rule will be effective for 90 days. A companion rule is being proposed to permanently adopt the rate change.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 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: 02-318 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Electricians' Examining Board
CHAPTER NUMBER AND TITLE: Ch. 120, Electrical Installation Standards
ADOPTED RULE NUMBER: 2017-170
CONCISE SUMMARY: This rule amendment adopts the 2017 National Electrical Code ("NEC), National Fire Protection Association ("NFPA") 70 and replaces the 2014 NEC. These rule changes also adopt revisions to article  ·210.8(B) which requires the installation ground fault circuit-interrupter protection equipment.
EFFECTIVE DATE: November 6, 2017
AGENCY CONTACT PERSON / OPOR RULEMAKING LIAISON: Karissa J. Davan, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Electricians' Examining Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. Email: Karissa.Davan@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/electricians/index.html .