December 20, 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: 10-149 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Protective Services System
PROPOSED RULE NUMBER: 2017-P178 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline Adult Protective Services functions and practices in accordance with 22 MRS ?3493 and eliminate conflicts that currently exist between overlapping Department Rules (10-149 CMR ch. 5 ?? 11, 12, 14, and 14-197 CMR ch. 12).
PUBLIC HEARING: January 9, 2018 - 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: Erin.Salvo@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ?42; 22 MRS ?3493; 34-B MRS ?5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 14-197 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 12, Critical Incident System
PROPOSED RULE NUMBER: 2017-P179 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline the categories of Critical Incidents (i.e., Reportable Events) that providers serving any Individual(s) Receiving Services (any adult with Developmental Disabilities, including Intellectual Disabilities or Autism Spectrum Disorder, determined eligible for and receiving services from a provider of services licensed, funded, or regulated in whole or in part by the Department, and adults with Acquired Brain Injury determined eligible for and receiving waiver services from a provider of services licensed, funded, or regulated in whole or in part by the Department) are required to report to the Department to ensure the health and safety of members they serve and to outline the process by which providers make and follow up on such reports. The rule being proposed also outlines the Department?s oversight of the Critical Incident System.
PUBLIC HEARING: January 10, 2018, 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: Erin.Salvo@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?None
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRS ?5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-148 ? Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 101, AIDS Case Management Program Standards
PROPOSED RULE NUMBER: 2017-P185
BRIEF SUMMARY: This rule has not been recently updated and it has become outdated. The rule contains only the standards for the provision of services by agencies under contract. There are no enforcement mechanisms within the rule. Program requirements and deliverables are currently included in the Rider A of provider contracts. The Department has determined the rule is not necessary and is proposing that it be repealed. Services will continue in the same manner, program standards and requirements will continue to exist within the provider contracts.
PUBLIC HEARING: Public hearing not scheduled.
COMMENT DEADLINE: January 19, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Fax: (207) 287-2887. TTY: Call 711 (Maine Relay). Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):?
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS ?19205; 22 MRS ?42
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/infectious-disease/hiv-std/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 14, Late-filed Application for Certificate of Marriage Rule
ADOPTED RULE NUMBER: 2017-196
CONCISE SUMMARY: This adopted rule governs the registration requirements for the Office of Data, Research and Vital Statistics (DRVS) for a late-filed application for certificate of marriage. The rule is established to assist married parties, or the legal representative of the parties, in obtaining a certificate of marriage that occurred more than one year previously and was never filed in a municipal office and/or the Department. The adopted rule explains the eligibility and documentary evidence requirements needed from eligible applicants to prove the fact their marriage took place to be accepted, registered and incorporated into an official record of the Department. This rule contains changes to formatting, for consistency.
EFFECTIVE DATE: December 20, 2017
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 .
AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program (Maine Food Supplement Program Certification Manual), FS?Rule #202A (COLA SUA FFY 2018 and Food Act 2008) ? multiple sections:
FS-000-1, Basis of Issuance
FS-222-4, Interviews
FS-333-1, Asset Eligibility Standards
FS-333-2, Asset Eligibility Standards
FS-444-4, Households with Special Circumstances
FS-444-8, Households with Special Circumstances
FS-555-5, Income and Deductions
FS-555-6, Income and Deductions
FS-666-6, Changes during the Certification Period
FS-888-1, Income and Eligibility Verification System
FS-888-5, Income and Eligibility Verification System
ADOPTED RULE NUMBER: 2017-197
CONCISE SUMMARY: This rule adopts annual COLA and SUA deductions and asset exclusion updates, as implemented in emergency rule #202E, effective October 1, 2017. Additionally, this rule adopts changes to the interview process, changes to rules concerning felons, updates for dependent care deductions, change reporting and unclear information processing, as well as additional data matching elements that are required by federal rules, to be used and maintained; see the summary below.
Changes to Section FS-000-1
This rule adopts changes implemented in emergency rule #202E, effective October 1, 2017: Increased income standards, reduced minimum monthly benefit amount for households of one or two members, reduced maximum monthly benefit amounts, and removes outdated language referencing issuances ranging from $1-$6, and removes outdated language referencing maximum gross and net monthly income figures.
Changes to Section FS-222-4
Adopts changes to the interview process by defining telephone interviews as the primary method to be used for completion of interviews, and removes outdated TANF program references.
Changes to Section FS-333-1
Adopts and increase in the maximum allowable asset limit for households that include elderly or disabled individuals.
Changes to Section FS-333-2
Adopts additional asset exclusions to comply with the Tax Increase Prevention Act of 2014; including additional tax-deferred retirement accounts and education savings accounts; also removes outdated text and TANF program references.
Changes to Section FS-444-4
Adopts a provision to implement Maine Public Law ch. 284 section NNNNNNN-8, making certain felons convicted of violent crimes and sexual assault ineligible for benefits. Change from the proposed rule: FS-444-4 page 1, "Disqualified Members", item F, the 6th bullet: the phrase, ?is ineligible to receive food assistance through the food supplement program? was removed as it is redundant and confusing in context.
Changes to Section FS-444-8
Adopts the reduction in the minimum benefit amount for one and two-member categorically eligible households.
Changes to Section FS-555-5
Adopts annual updates to the standard deduction, dependent care deductions, standard utility allowances, and outdated text related to child care deductions.
Changes to Section FS-555-6
Adopts the reduction in the minimum benefit amount for one and two-member households.
Changes to Section FS-666-6
Adopts change to the 10-day reporting rule and adds clarification on processing unclear information, and removes duplicative text.
Changes to Section FS-888-1
Adopts additional data-matching sources that are required to be used and maintained, and removes outdated TANF-program references.
Changes to Section FS-888-5
Adopts additional data-matching sources that are required to be used and maintained, and removes outdated TANF-program references.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 19, 2017
AGENCY CONTACT PERSON: Karen Curtis, Food Supplement Program Manager
Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4108. Fax: (207) 287-3455. TT Users Call Maine Relay ? 711. Email: Karen.L.Curtis@Maine.gov .
FOOD SUPPLEMENT PROGRAM WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), TANF Rule #109A ? 128th Legislative Changes: Introduction; Ch. I, Eligibility Process; Ch.?II, Eligibility Requirements (Non-Financial); Ch.?III, Eligibility Requirements (Financial); Ch. IV, Budgeting Process; Ch.?V, Post TANF Benefits; Ch. VI, Administrative Procedures; Ch. VII, Non-Citizens; Ch. VIII, Emergency Assistance; Ch. XI, TANF Economic Support for Working Families; Appendices, Charts, Budget Sheets
ADOPTED RULE NUMBER: 2017-198
CONCISE SUMMARY: To conform to policy changes made in statute in the 128th legislative session, this rule makes several changes to the Maine Public Assistance Manual (TANF). The changes include increases in the maximum payment amounts for the TANF basic benefit and the Special Need Housing Allowance payment. Eligibility changes include the removal of the deprivation requirement for TANF and changes to the ratio of housing costs to income for the Special Need Housing Allowance payment. The description of good cause reasons for failure to cooperate with the TANF employment and training program, ASPIRE, has been revised and specific examples have been deleted and replaced with a reference to the good cause section of the TANF-ASPIRE program. A TANF Work Incentive Payment has been created to pay a once in a lifetime $400 payment to recipients who go to work and keep their job for four consecutive months. To comply with statutory requirements, these rule changes were adopted on an emergency basis in a separate filing in September.
In addition to the changes noted above, the rules make several other changes. These changes could not be included in the emergency rule and thus were added to the proposed rule only. These additional changes to the Introduction and Ch. I, II, III, IV, VI, VII, and the Appendices were done to reformat and re-organize chapters, and to reword and make some ambiguously drafted provisions more clear. Whereas the proposed rule would amend several chapters, it would also completely repeal and replace Ch. II and XI. The removal of the deprivation requirement from Ch. II by emergency rule required several sections to be reformatted, and so the Department addressed the entire chapter to make it more intuitively organized and more precisely drafted. Ch. XI is replaced for better organization of its provisions. Except where expressly stated below, the repeal and replacement of those chapters does not include any policy change that is not already part of the emergency rulemaking. Ch. VII is being repealed altogether and not replaced, with its provisions being redistributed to more appropriate chapters in the Manual. This also does not represent a change in policy. A detailed description of the non-emergency rule changes follows, by chapter:
Introduction. References to the Refugee Cash Assistance Program, which is no longer administered by DHHS were removed, as well as a reference to Ch. VII ?Non-Citizens?, which is being repealed.
Ch. I: Application Process. Removed reference to internal processes that are not rule, reworded for clarity, changed "Bureau" to "Office," removed guidance on eligibility for Medicaid and inserted reference to MaineCare Program Manual. Removed exception for attending TANF Orientation for applicants who had attended an Orientation in the previous 90 days. This assures participants become engaged with ASPIRE as early as possible.
Ch. II: Eligibility Requirements (non-financial). Changes include a general clean-up of Ch. II. Revised format, deleted "GENERAL RULE" as a heading. Deleted ?NOTES? and incorporated information into the relevant subsection, removed Food Supplement Program cross-references, removed references to internal process, reworded for clarity/consistency, corrected spelling, grammar errors and removed rules that belong in a different chapter. The deprivation section of this chapter was removed by emergency rule. Maintenance of a home has been clearly defined and rules have been revised to better identify which parent in shared custody situations is eligible to apply for TANF for that child. The rule defines when a minor parent/pregnant minor is considered to be maintaining a home for the child. Removed the requirement that if a minor parent is parenting her child, she must apply as a caretaker relative. Removed the rule that allowed a TANF family whose child(ren) had been taken into custody by OCFS to retain their TANF grant in limited circumstances. This rule was not used and did not meet the needs of the parent as continued TANF benefits did not include MaineCare for the adult. An exemption from ASPIRE participation for an SSDI recipient was added. This was previously excluded in error. Relocated eligibility requirements for the state-funded non-citizen cash assistance program from Ch. VII to Ch. II to consolidate the eligibility requirements for the state funded program into the chapter that address the non-financial rules for other applicants/recipients. Additional changes to Ch.?II following proposal - Age. An ASPIRE requirement related to school attendance was placed in this section in error. It has been removed. Several formatting errors were corrected and words substituted to clarify intent. Several references to deprivation were missed in the proposed rule and were removed in the adopted rule. The entire section on Assignment of Rights to Medical Payments was removed as it no longer applies to TANF. See the Summary of and Responses to Public Comments for a detailed explanation.
Ch. III: Eligibility Requirements (financial). Moved the rules regarding treatment of sponsor income and assets for certain non-citizens to this chapter to consolidate all financial eligible requirements into one chapter. Additional changes to Ch. III following proposal - A reference to deprivation was removed. This was missed in the proposed rule. Formatting changes were made to p. 26, Sponsor Deeming.
Ch. IV: Budgeting Process. The section explaining the Special Need Housing Allowance was rewritten for clarity. There were no substantial changes other than those made in the emergency rule.
Changes to Ch. V: Post TANF Benefits. Removal of Deprivation requirement ? References to the deprivation requirement for TANF eligibility have been removed from this chapter on pages 1 and 6. Additional changes to Ch. V following proposal - Several additional references to deprivation were identified and have been removed. Reference to the Transitional MaineCare Program was removed. This program is not relevant to TANF and is included in the MaineCare Manual. See the Summary of and Responses to Public Comments for a detailed explanation.
Ch. VI: Administrative Procedures. Moved the rule for the collection of overpayments by sponsors of aliens to this chapter from Ch. VII ? ?Non-Citizens? to consolidate all rules relating to overpayments in one chapter. Removed a chart showing the maximum allowed recoupment of overpayments. This is explained in the chapter and the chart was duplicative.
Ch. VII: Non-Citizens. This chapter is repealed. Non-financial eligibility requirements for the state-funded cash assistance program for certain non-citizens has been relocated to Ch. II ? ?Eligibility Requirements (non-financial)? and the financial eligibility requirements for sponsors of aliens to Ch. III ? ?Eligibility Requirements (financial)?. Rules regarding the recoupment of overpayments from sponsors of aliens has been moved to Ch. VI ? ?Administrative Procedures?.
Ch. VIII: Emergency Assistance. The reverence to the deprivation requirement on page 4 has been removed.
Ch. XI: TANF Economic Support for Working Families. This chapter is repealed and replaced for improved organization and readability.
Appendix. A statement to the chart on page 2 has been added that states the TANF benefit may increase annually. The benefit level charts were updated to reflect the increase to the maximum benefit and Standard of Need. Additional changes to the Appendix - Change to the wording explaining the annual benefit increase as a result of public comments. Errors were found in the benefit level charts when calculating the benefit increase. These changes have been corrected.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 19, 2017
AGENCY CONTACT PERSON: Dawn Mulcahey, Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay ? 711. Email: Dawn.Mulcahey@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Rules, Rule #24A: Budget-related Changes to Good Cause and Parents as Scholars Program & Clarification to Child under 6 Work Requirements
ADOPTED RULE NUMBER: 2017-199
CONCISE SUMMARY: This rule makes changes to ASPIRE policy, based on state statutory changes from the 128th legislative session. First, mirroring such changes to state law, it shortens and modifies the list of good cause reasons for noncompliance with ASPIRE work participation requirements. Second, it adds a requirement of the Parents as Scholars Program (PaS) that the education path must be for the pursuit of a degree or certification with at least an average job outlook. The rule expands on the statutory directive by specifying that in deciding whether an educational path meets the criterion, the Department will rely on publicly available job-market data and analysis from Maine Department of Labor.
The other change to the rule clarifies that a single parent with a child under 6 can meet the work requirements with 20 hours a week of work activities.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 19, 2017
AGENCY CONTACT PERSON: Dawn Croteau, ASPIRE Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-6968. Fax: (207) 287-3455. TT Users Call Maine Relay ? 711. Email: Dawn.Croteau@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .