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November 15, 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: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure
PROPOSED RULE NUMBER: 2017-P141 (Hearing rescheduled)
BRIEF SUMMARY: The Public Utilities Commission (Commission) initiates a rulemaking to amend Ch. 880 of the Commission's rules regarding attachments to joint use utility poles. The Commission proposes to substantively amend Ch. 880 to include presumptively reasonable and unreasonable terms and conditions, approval criteria for new attaching entities, and resolution of pole attachment disputes.
PUBLIC HEARING: December 6, 2017, 10:30 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347 (Rescheduled from Nov. 1, 2017)
COMMENT DEADLINE: December 18, 2017. The Commission is extending the original deadline for filing comments, statements, or arguments concerning this rule to 4:00 p.m., December 18, 2017. Written comments on the proposal to amend this rule may be filed using the Commission's case management system no later than 4:00 p.m., December 18, 2017. Please refer to the Docket Number of this proceeding, Docket No. 2017-00247 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. 711 Maine Relay. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS � � 111, 301, 711, 790, 8302
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 308, Standards of Conduct for Transmission and Distribution Utilities and Affiliated Generators
PROPOSED RULE NUMBER: 2017-P150 (Hearing rescheduled)
BRIEF SUMMARY: The Public Utilities Commission initiates a proceeding to adopt rules and standards of conduct to implement recently enacted legislation that permits a transmission and distribution utility to have a generation affiliate subject to statutory restrictions and Commission-adopted standards of conduct.
PUBLIC HEARING: December 4, 2017 at 2:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine (Rescheduled from Nov. 8, 2017)
COMMENT DEADLINE: December 15, 2017. The Commission is extending the original deadline for filing comments, statements, or arguments concerning this rule to 5:00 p.m., December 15, 2017. Written comments on the proposal to amend this rule may be filed using the Commission's case management system no later than 5:00 p.m., December 15, 2017. However, the Commission requests that comments be filed by November 29, 2017, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after hearing. Please refer to the Docket Number of this proceeding, Docket No. 2017-00262 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: Mitchell Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Maine Relay 711. Email: Mitchell.Tannenbaum@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS � � 104, 111, 3204
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2017-P158
BRIEF SUMMARY: The Land Use Planning Commission is seeking public Comment on a petition to amend Ch. 10, Land Use Districts and Standards, to allow development of grid-scale solar energy generation facilities with a permit in the Commercial Industrial Development Subdistrict (D-CI). The proposal includes a set of criteria that help identify eligible locations for redistricting to D-CI for the purpose of developing a grid-scale solar energy generation facility. A D-CI subdistrict designated for the purpose of developing a grid-scale solar energy generation facility would automatically revert to the prior subdistrict designation if the facility is not developed within a reasonable period of time, or if built, upon decommissioning of the facility.
PUBLIC HEARING: none
COMMENT DEADLINE: Written comments must be submitted on or prior to December 15, 2017; written rebuttal comments must be submitted on or prior to December 22, 2017.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ben Godsoe, Land Use Planning Commission, 22 State House Station, Augusta, ME, 04333; 18 Elkins Lane, Harlow Bldg, 4th floor. Telephone: (207) 287-2619. Email: Benjamin.Godsoe@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS �685-A(3), �685-A(7-A), �685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/dacf/lupc/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 382 (New), Wind Energy Act Standards
PROPOSED RULE NUMBER: 2017-P159
BRIEF SUMMARY: The Department is proposing a new rule to provide guidance and clarification on the review process and standards for wind energy projects under the Wind Energy Act (WEA).
Copies of this rule are available upon request by contacting the Agency contact person, or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email or fax to the contact person before the end of the comment period. To ensure that the comments are considered, they must include the commenter’s name and the name of the organization represented, if any.
PUBLIC HEARING: December 6, 2017 - 1:00 p.m., DEP Response Training Room, 4 Blossom Drive (AMHI Complex), Augusta, Maine
COMMENT DEADLINE: December 18, 2017, 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erle Townsend, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-6115. Fax: (207) 287-7826. Email: Erle.Townsend@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: PL 2007 ch. 661 �E-2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND RULE TITLE: Ch. 285, Maine Telecommunications Education Access Fund
PROPOSED RULE NUMBER: 2017-P160
BRIEF SUMMARY: Pursuant to 35-A MRS �7104-B (Section 7104-B) and Sections 1 and 3 of PL 2017 ch. 244 "An Act to Ensure Continued Availability of High-speed Broadband Internet at Maine's Schools and Libraries", the Public Utilities Commission initiates a rulemaking to amend Ch. 285 – Maine Telecommunications Education Access Fund, to conform Ch. 285 to current Maine law.
PUBLIC HEARING: December 5, 2017, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: December 15, 2017. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 4:00 p.m., Friday, December 15, 2017. All comments will appear in the Case Management System, which is accessible from our web site. Commenters should refer to the Docket Number 2017-00283 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) -287-3831. Fax: (207) 287-1039. 711 Maine Relay. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS � � 104, 111, 7104-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc/ .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 326, Compliance Assistance Loan Program
ADOPTED RULE NUMBER: 2017-171
CONCISE SUMMARY: The rule sets forth eligibility requirements for borrowers and projects seeking financing for certain oil storage tank and related projects, and terms and conditions of loans. The source of funding under this rule is the Clean Water State Revolving Fund, in cooperation with the Maine Department of Environmental Protection and the Maine Municipal Bond Bank. The rule creates a program that is distinct from a similar program administered by the Authority for which funding is no longer available.
EFFECTIVE DATE: November 8, 2017
FAME CONTACT PERSON / FAME RULEMAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. Email: croney@famemaine.com .
FAME WEBSITE: https://www.famemaine.com/ .

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 15, Batterer Intervention Program Certification
ADOPTED RULE NUMBER: 2017-172
CONCISE SUMMARY: A repeal and replacement of Ch. 15, Batterer Intervention Program Certification, has been adopted to include recommendations resulting from a review of the Batterer Intervention Program Certification standards that the Maine Department of Corrections staff conducted in consultation with the Maine Commission on Domestic and Sexual Abuse.
The adopted rule adds the Native American domestic violence centers as a coalition, clarifies Batterer Intervention Program rules, and identifies programs that are eligible for certification.
EFFECTIVE DATE: November 13, 2017
AGENCY CONTACT PERSON / DOC RULEMAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta ME 04333. Telephone: (207) 287-4681. (TTY) Maine Relay 711. Email: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .

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 45, Hospital Services
ADOPTED RULE NUMBER: 2017-173
CONCISE SUMMARY: The Department is adopting changes in these rules, as set forth below. The Department is seeking and anticipates receiving approval from CMS for the rule changes. Pending CMS approval, the rule changes are effective November 14, 2017. The changes include the following:
Chapter II
a) An amendment to Section 45.05-4, “Restricted Services”, clarifying that dental services which are medically necessary and done in a hospital setting are allowed.
b) A clarification in Section 45.05-6, “Restricted Physician Services Associated with Hospital Services”, stating that all hospital-based providers are subject to the limitations in Chapter II, Section 90, "Physician Services".
c) An update to language in Section 45.13, “Reporting Requirements for Acute Care Critical Access Hospitals and Private Psychiatric Hospitals”, to reflect current reporting requirements; to provide additional guidance for updating 340B status changes when applicable; and include the requirement to have mechanisms in place to prevent duplicate discounts on drugs.
d) The addition in Section 45.04-4, “Supplies, Appliances and Equipment”, of separate reimbursement for Long Acting Reversible Contraceptives (LARC) when the device is inserted during the postpartum inpatient hospital stay. The LARC will be covered in addition to the hospital Diagnosis-Related Group (DRG) payment to provide adequate reimbursement to providers for the device.
e) An update to Section 45.04-8, “Diabetes Self-Management Training Services”, amending the language to accurately reflect the program’s current title and model.
f) Correction and/or deletion of outdated references and minor language editing for clarification purposes.
Chapter III
a) Updates throughout the rule of the term “radiology” to “imaging” to reflect prevalent terminology usage.
b) Expansion of the definition of “Discharge” (Sec. 45.01-6) to include inpatient maintenance chemotherapy as an exception to the fourteen-day (14) readmission protocol due to the required planning for standards of care.
c) The addition to Section 45.02-5, “Reporting and Payment Requirements”, of requirements for providers to submit mapping documents as part of the required documentation when filing the As-Filed Medicare Cost Report with the Department to aid the Department in payment methodology calculations.
d) Amend 45.02-5(E), “Payment Requirements in the Event of an Overpayment to the Hospital”, to require payment of 100% (instead of 50%) of the hospital-discovered overpayment as determined by the As-filed Medicare Cost Report. This change is required by federal law. (42 USC �1320a-7k)
e) The addition of the “Payment Window Rule” (Sections 45.03-1(D)(1)(b) and 45.06-1(B)(2)) instructing 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. The 1-day payment window applies to distinct rehabilitation, psychiatric, and substance abuse units. This provision is consistent with 42 CFR �412.2(c)(5) and 42 CFR �413.40(c)(2), and is currently in place by Medicare to treat certain technical components as operating costs of the inpatient hospital services.
f) Added a new provision, Section 45.03-1(D)(3), “Hospital Outpatient Provider-Based Departments” (PBDs). This provision adopts the Medicare Outpatient Prospective Payment System/Ambulatory Surgical Center (OPPS/ASC) rule, which essentially requires that, with the exception of dedicated emergency department services, services furnished in off-campus provider-based hospital outpatient departments that began billing under the OPPS on or after November 2, 2015, no longer be paid under the OPPS. With the exception of these “excepted locations,” services provided in PBDs must use modifiers to identify non-excepted items and services. These non-excepted services are paid at a reduced MaineCare rate.
g) In Section 45.07, an increase in the amount of the supplemental pool is being made to comply with PL 2017 ch. 284 Sec. ZZZZZZ-9. The Department is also adopting a restructuring of the supplemental pool methodology. The new methodology creates two supplemental pools; an inpatient supplemental pool and an outpatient supplemental pool. This change is to ensure that the annual supplemental payments can be issued to providers without exceeding the allowable upper payment limits as described in 42 CFR �447.272 (upper payment limits for inpatient services) and �447.321 (upper payment limits for outpatient services). The new methodology is based on a calculation of a hospital’s relative share of inpatient or outpatient MaineCare payments (rather than a hospital’s relative share of inpatient MaineCare discharges) since the new methodology is utilizing both an inpatient and an outpatient supplemental pool. The data used to calculate the relative share of a hospital’s MaineCare payment is data from the state fiscal year 2014, which provides a consistent and more accurate basis with minimal risk of additional claim activity.
h) Updating the prospective interim payment (Section 45.04-2) methodology used to identify the estimated departmental annual obligation relating to both inpatient and outpatient services. This change provides for more accuracy in estimating prospective interim payments.
i) Addition of language in the Out-of-State Hospitals’ reimbursement, Section 45.10, clarifying that reimbursement for laboratory and imaging outpatient service shall not exceed the 100% of Medicare reimbursement rate for the Maine area ’99 locality, and that the hospitals are required to report and are subject to all applicable pricing modifiers. This change is to ensure payments do not exceed Medicare amounts.
j) Clarification of language in the “Clinical Laboratory and Imaging Services”, Section 45.11, to more succinctly explain how services are covered and reimbursed in accordance with applicable sections of the MaineCare Benefits Manual.
k) Revision of language in Section 45.13-2 to reflect that the Final, rather than Interim, Cost Report will be used by the Department when calculating a Disproportionate Share Hospital (DSH) settlement to more accurately reflect inpatient utilization rates. This is also consistent with the regulation which provides that hospitals within the category are assessed for DSH eligibility “after final settlement is complete for all hospitals in a category.”
l) Addition of ICD-10 code H65.01, Acute serous otitis media, right ear, to Appendix B, which had been inadvertently left out during the last amendment to this rule.
m) Minor corrections and editing of language and formatting for clarification and organizational purposes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 14, 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. Email: Anne.Labonte-Perreault@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

Maine.gov

Department of the Secretary of State

November 15, 2017

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

PROPOSALS

ADOPTIONS

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Government links

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Maine.gov

Department of the Secretary of State

November 15, 2017

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

PROPOSALS

ADOPTIONS

Credits

Information

Government links

Connect with Us

Accessibility of Information

Language Access

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