April 18, 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: 16-633 – Department of Public Safety (DPS), Gambling Control Unit
CHAPTER NUMBERS AND TITLES: Ch. 30-32, Non-Profit Gaming (partial amendments of existing rules):
Ch. 30, Rules Relating to Beano by Federally Recognized Indian Tribes (replacing 16-222 ch. 7)
Ch. 31, Rules Relating to Beano (replacing 16-222 ch. 3)
Ch. 32, Rules Relating to Games of Chance (replacing 16-222 ch. 2)
PROPOSED RULE NUMBERS: 2018-P045, P046, P047
BASIS STATEMENT / CONCISE SUMMARY: This rule is to comply with changes in state law under 17 MRS ch. 62 and ch. 13-A.
PUBLIC HEARING: Wednesday, 9 a.m. on May 9, 2018 at Department of Public Safety, Gambling Control Unit, 45 Commerce Drive, Suite 3, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, June 9, 2018
AGENCY CONTACT PERSON / RRULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Unit. 45 Commerce Drive, Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 17 MRS ch. 62 §§ 1843, 317
WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
PROPOSED RULE NUMBER: 2018-P048
BRIEF SUMMARY: This rule making proposes no new language or substantive changes to Ch. 410, with the exception of a minor change to section 1(B)(1) to clarify that section so that it more accurately reflects the Department’s existing interpretation and practice. All of the highlighted language in this version, with the exception of changes to section 1(B)(1) and other minor formatting changes, was already the subject of prior Department notice and comment, and was properly adopted by the Department in those prior rulemaking proceedings. However, a footnote in a recent Maine Supreme Court decision, State of Maine v. Dubois, Inc., 2017 ME 223, ¶3 n.1, 174 A.3d 308, raises questions regarding the Department’s notice with respect to those prior adoptions, including whether all of the highlighted language was included on a single draft at the time of the Department’s prior public notice and comment. Accordingly, in an abundance of caution, and to alleviate any possible concerns regarding the adequacy of the Department’s notice, the Department is undertaking these current proceedings to allow for additional notice and public comment on the highlighted language, as set forth in a single draft version of Ch. 410.
In addition, the Department has proposed additional minor changes. These changes include:
1) Correcting citations to other Solid Waste and Hazardous Waste Rules to reflect other proposed amendments.
2) Correct formatting and citation form for consistency throughout the Department’s rules.
3) Removing repetitive or reallocated language.
4) Clarification of existing requirements.
5) Clarify section 1(B)(1) “Facilities Not Subject to the Requirements of this Chapter” to more accurately reflect the Department’s existing interpretation and practice.
DATE, TIME AND LOCATION OF PUBLIC HEARING: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if the Department receives 5 or more requests before the end of the comment period.
COMMENT DEADLINE: 5 p.m. May 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 341-H, 1304 (1 & 1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@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. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2018-P049
CONCISE SUMMARY: This proposed rulemaking seeks to remove the following language from Section 1.12-2: “The liability for debts owed to the Department by the Provider is enforceable against the Provider, including any person who has an ownership or control interest in the Provider, and against any officer, director, or member of the Provider who, in that capacity, is responsible for any control or any management of the funds or finances of the provider. Personal liability against an officer, director, or member of the Provider described in this section shall be limited to debts owed to the Department occurring or arising during that person’s employment or affiliation with the Provider or to any debts which become known to such a person and not voluntarily disclosed by that person to the Department. Individuals or entities with an ownership or control interest in the provider include: 1) Those with an ownership interest, meaning those in possession of equity in the capital, the stock, or the profits of the provider. 2) Those with an indirect interest, meaning those with an ownership interest in an entity that has an ownership interest in the provider.” The proposed rulemaking also adds the Department’s duplication table of concurrent services to the Appendix section.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: May 7, 2018 - 9:30 a.m., Room 600, Burton Cross Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before April 30, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on May 17, 2018.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-351 - Workers’ Compensation Board (WCB)
CHAPTER NUMBER AND TITLE: Ch. 1-9, 12-16, 18
PROPOSED RULE NUMBERS: 2018-P050 thru P064
BRIEF SUMMARY: The proposed changes define terms, prescribe forms and clarify procedures regarding the processing and payment of workers’ compensation claims.
DETAILED SUMMARY: The following is a summary of the major changes:
Ch. 1 §1-A: Provide a means for employees to give notice of a claim in cases where the employer is out of business and the insurer is unknown.
Ch. 1 §5(1)(A)(3): Defines when 401(k) matching funds are considered fringe benefits.
Ch. 1 §5(2)(C): Allow a one-time adjustment, by filing a modification form, to an estimated average weekly wage.
Ch. 1 §11: Establishes process for meeting with the Maine Insurance Guaranty Association as required by 39-A MRS §153(9).
Ch. 2: Permanent impairment and benefit extension sections are simplified and the process for notifying employees of the right to request extensions of benefits pursuant to §213(1) is clarified.
Ch. 3 §1-A: Clarifies medical only First Reports of Injury must be sent to an employer’s insurance company.
Ch. 4: Clarifies eligibility to serve as an independent medical examiner and the procedure for requesting/paying for an independent medical examination.
Ch. 5: Procedures are clarified and new medical releases are proposed to ensure appropriate medical records can be received in a timely manner.
Ch. 6: Vocational rehabilitation rules have been rewritten to provide needed clarity.
Ch. 8 §11: Provides additional basis to reduce or discontinue benefits pursuant to 39-A MRS §205(9)(A).
Ch. 9: Requires use or benefit release form approved by Social Security Administration and permits employers/insurers to notify employees near the age of 62 of the obligation to inform employer/insurer of application for and receipt of old age Social Security benefits.
Ch. 12: Reorganized in a more logical manner. Also clarifies timeframe for requesting medical examinations prior to hearing and adds requirement that employees provide to employers reports generated by health care providers who attend examinations under 39-A MRS §207.
Ch. 13: Clarifies procedures before the Appellate Division.
PUBLIC HEARING: May 8, 2018, 10:00 a.m., Workers' Compensation Board, Central Office, 442 Civic Center Drive, Suite 100, Augusta, Maine
COMMENT DEADLINE: May 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / WCB RULEMAKING LIAISON: John C. Rohde; 27 State House Station, Augusta, ME 04333. Telephone: (207) 287-7096. Email: John.Rohde@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 39-A MRS §152(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WCB WEBSITE: www.maine.gov/wcb .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, jointly with 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 261 (DHHS), and Ch. 126 (DOE), Immunization Requirements for School Children
ADOPTED RULE NUMBER: 2018-059, 060 (Final adoptions, major substantive)
CONCISE SUMMARY: Pursuant to Resolves 2017 ch. 32, the Department of Health and Human Services and the Department of Education are adopting changes to this joint major substantive rule to add quadrivalent meningococcal conjugate vaccine (MCV4) for all Maine students with the start of the school year 2018 to further protect Maine students from contracting meningococcal meningitis. Changes to this rule include updating the definition of "disease" to include meningococcal meningitis, updating the list of medical contraindications to MCV4 that can serve as a medical exemption and updating the vaccine dosage requirements to include one dose of quadrivalent meningococcal conjugate vaccine for entry into 7th grade and a second dose on or after the 16th birthday prior to entering 12th grade. Changes align this rule with the US CDC and the Advisory Committee on Immunization Practices current recommendations.
EFFECTIVE DATE: May 10, 2018
AGENCY CONTACT PERSONS:
DHHS: Tera Pare, Manager, Regulations and Enforcement, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov . DHHS Rulemaking Liaison: Kevin.Wells@Maine.gov .
DOE: Jaci Holmes, Federal State Legislative Liaison / Rulemaking Liaison, Department of Education, 23 State House Station, Augusta, Maine 04333-0023. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DHHS MaineCDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DOE WEBSITE: http://www.maine.gov/doe/ .

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 92, Behavioral Health Home Services
ADOPTED RULE NUMBER: 2018-061
CONCISE SUMMARY: This rule is being adopted to institute pay-for-performance in the Behavioral Health Home program by making one percent of Behavioral Health Home Organization (BHHO) total Per Member Per Month (PMPM) payments subject to recoupment if the BHHO does not achieve a minimum level of quality, as defined by performance on Department-defined quality measures related to chronic disease management. The rulemaking formally adopts an increased reimbursement rate for BHHOs. Effective retroactive to January 1, 2016, the reimbursement rate for BHHOs is $394.40 per member per month (PMPM) for both adult and child members. The new rates are the result of a comprehensive and public rate review conducted by Burns & Associates, Inc.
Additional changes include:
* Clarifications have been made to the provider requirements and how they are different from covered services. The Department believes these changes will assist providers in determining when they have met service delivery requirements.
* Member Eligibility has been updated to require the Child and Adolescent Needs and Strengths (CANS) assessment to be reviewed and updated by the BHH a minimum of every one hundred and eighty (180) days. It also requires that all relevant CANS domains must be entered in the Maine ASO database, or approved equivalent data system, and that this information be used to inform and guide in the development of the plan of care.
* Enrollment has been changed to an opt-in model with a certification process. This model and the new requirements are intended to ensure that members are counseled on the various services for which they are eligible and that duplicative services are avoided. The rule clarifies language around duplication of services, and adds Opioid Health Homes as a service which is considered duplicative for both adults and children.
* More clearly defines what the Department expects to be core components of service delivery and removes separate reporting requirement of the Health Home Provider Functional Requirements.
* The addition of Referral to Community and Social Support Services is made to align with the Maine State Plan.
* Removes the one-hour minimum billable activity requirement from the minimum requirements for reimbursement and replaces it with the requirement that at least one of the monthly services must include a member encounter. The change to the one-hour minimal billable activity requirement was discussed in the 2015 independent rate study which resulted in the higher BHH PMPM payment.
Please refer to the following hyperlink to view the adopted rule: http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: April 21, 2018
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne E. Labonte, 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@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .