February 14, 2018

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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 82, School Bus Driver Fitness Determination (Repeal)
PROPOSED RULE NUMBER: 2018-P017
BRIEF SUMMARY: Repeal of the rule in response to feedback from the field.
PUBLIC HEARING: None
COMMENT DEADLINE: March 16, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §2311; 20-A MRS §5401(17) SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .

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. II & III Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2018-021
CONCISE SUMMARY: The Department of Health and Human Services adopts these rule changes to Ch. II & III Section 96, “Private Duty Nursing and Personal Care Services”, to comply with PL 2017 ch. 284 part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund 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.
These rule changes are consistent with PL 2017 ch. 284 part MMMMMMM-1, which requires the Department to amend its rules for reimbursement rates for home-based and community-based personal care and related services 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., which includes Section 96 services, and also increases level of care caps. 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 rates. See part ZZZZZZ section ZZZZZZ-9. In addition, part MMMMMMM-1 directs the Department to ensure caps and limitations in home-based and community-based personal care and related services are increased to reflect the increases in reimbursement rates that result from this section.
On November 14, 2017, the Department adopted emergency rules to effectuate the increased reimbursement rates to Ch. III, with a retroactive application date of July 1, 2017, and also adopted increases to the level of care caps in Ch. II, also with a retroactive application date of July 1, 2017. These rulemakings make permanent the emergency rule changes.
The Department determined that retroactive application dates for both the reimbursement rate increases and the increases to the level of care caps was appropriate, since the appropriation was intended for the entire fiscal year. The retroactive application of these rules 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 if there is no adverse impact to any MaineCare member or provider. The increased reimbursement rates, and increased level of care caps will sunset on June 30, 2018, as the rate increases were funded by a single year appropriation. PL 2017 ch. 284 part ZZZZZZ-9. On July 1, 2018, rates and level of care caps will revert back to the June 30, 2017, rates and caps.
The Department is seeking, and anticipates receiving, approval, from the federal Centers for Medicare and Medicaid Services (“CMS”) for these changes. Pending approval, the increased reimbursement rates and level of care limits will be effective retroactive to July 1, 2017. In addition, in September 2015, July 2016, and September 2017, the Department proposed separate reimbursement rate changes to CMS, those rates are pending approval. As such, there are different effective dates for various rates and level of care limits, as set forth more specifically in Ch. II, Appendix 2, and Ch. III.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 12, 2018
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 .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 16
ADOPTED RULE NUMBER: 2018-022
CONCISE SUMMARY: The rule amendment is necessary to conform to PL 2017 ch. 200, An Act to Amend the Laws Governing the Membership of the Advisory Committee on College Savings.
EFFECTIVE DATE: February 12, 2018
AGENCY 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/ .