August 15, 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: 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 Section 55, Laboratory Services
PROPOSED RULE NUMBER: 2018-P176
CONCISE SUMMARY: This rule is being proposed in order to add language to require the billing provider to contact the Office of MaineCare Services to verify if a prior authorization is required. When a prior authorization is required, it is the responsibility of the billing provider to obtain the prior authorization.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173
PUBLIC HEARING: September 4, 2018 - 9:00 a.m., Burton M Cross Building - Room 300, 111 Sewell 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 August 28, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on September 14, 2018
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Cari Philbrick, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Cari.Philbrick@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):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2018-P177
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System For Quality Data Sets (Major Substantive Rule)
BRIEF SUMMARY: These proposed changes will eliminate duplicative reporting by Maine hospitals; improves access to Healthcare Associated Infection (HAI) outcome measures and all other Centers for Medicare & Medicaid Services (CMS) mandated reporting requirements to National Healthcare Safety Network (NHSN); and updates/clarifies provisions in the rule as needed. These changes support the goal to harmonize with national measures and streamlines hospitals reporting. In addition, the proposed changes update/clarify specific provisions as needed.
This rule will not have a fiscal impact on municipalities, counties or small businesses. Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: September 6, 2018 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 17, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties, or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §8704 sub-§4, §8708-A, §8712, §8761; 24-A MRS §6951(2)(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .


AGENCY: 94-348 - Maine Human Rights Commission (MHRC)
CHAPTER NUMBER AND TITLE: Ch. 2, Procedural Rule
PROPOSED RULE NUMBER: 2018-P178
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHRC RULEMAKING LIAISON: Barbara Archer Hirsch, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051. Telephone: (207) 624-6290. Email: Barbara.ArcherHirsch@mhrc.maine.gov .
PUBLIC HEARING: none
COMMENT DEADLINE: September 21, 2018
BRIEF SUMMARY: The proposed changes to Ch. 2, Procedural Rule, will clarify current Commission practices. The rule addresses confidentiality, conciliation/settlement information, requests for a new investigation, conduct at Commission meetings, and late-submitted evidence, among other procedural matters.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §4566(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHRC WEBSITE: https://www.maine.gov/mhrc/ .

ADOPTIONS

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 102, Premises Licensed for On Premises Consumption Only
ADOPTED RULE NUMBER: 2018-146
CONCISE SUMMARY: This amendment adds language to conform with federal and state labor standards that permit persons 14 years old to be employed to bus tables in the food service industry where liquor is served.
EFFECTIVE DATE: August 15, 2018
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. Email: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .