October 10, 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: 12-150 - Department of Labor (DOL), Division for the Blind and Visually Impaired (DBVI)
CHAPTER NUMBER AND TITLE: Ch. 101, Rules Governing Vocational Rehabilitation Services for Individuals Who Are Blind or Visually Impaired
PROPOSED RULE NUMBER: 2018-P205
BRIEF SUMMARY: These rules govern the delivery of vocational rehabilitation services for persons who are blind or visually impaired in achieving an employment outcome. Modifications reflect changes required as a result of the federal Workforce Innovation and Opportunity Act, as well as clarifications in the appeals process and post-secondary services.
DETAILED SUMMARY: The Division for the Blind & Visually Impaired (DBVI) is proposing changes to its existing rules that will enable DBVI to come into compliance with amendments to the federal Rehabilitation Act of 1973 resulting from the Workforce Innovation and Opportunity Act of 2014.
DBVI has revised the definition of employment outcome to mean entering or retaining full-time or part-time competitive integrated employment (including customized and supported employment); the practice of a profession; or self-employment. “Employment outcome” has been changed to “competitive integrated employment” throughout the document.
Gender identification has been added to the list of what is not regarded in eligibility determination.
Compliance with federal performance accountability requirements has been added to the use and release of personal information acquired by DBVI.
Clarification has been provided in the Appeals Process to remove reference to a pool of qualified persons and to add the right to file a civil action for judicial review in a state of federal court.
Eligibility Criteria have been clarified to define substantial impediment to employment to mean a visual impairment hinders an individual from preparing for, engaging in, retaining, or advancing in employment consistent with the individual’s abilities and capabilities and that required VR services must be necessary to overcome disability related barriers. Lack of resources by itself does not constitute a disability related barrier.
Terminology “SSI recipients or SSDI beneficiaries” is replaced by “Social Security recipients and beneficiaries”.
Pre-employment transition services to potentially DBVI eligible students with disabilities have been added. A “student with a disability” is defined as a student who is at least 14 (9th grade) but not older than 21 who is enrolled in a secondary, postsecondary, or other recognized educational program and who is eligible for and receiving special education services or is an individual with a disability under Section 504. Students who are interested in participating in Pre-ETS activities do so by completing/submitting a registration form requesting such services from their local school or local VR office.
“Advancing in employment” has been added to Individuals Not Meeting the Order of Selection Criteria who will be provided vocational counseling and appropriately referred to other programs.
Clarification has been provided that the Comprehensive Assessment of Rehabilitation Needs will be reviewed and updated as appropriate prior to any significant changes in the Individualized Plan for Employment.
Clarification is provided that DBVI counselors must assign one of two priority categories in Order of Selection.
Services for students with a disability who have been found eligible and placed on a waitlist for a priority category may only receive Pre-Employment Transition Services if they were receiving those services before being found eligible has been added.
Agreement and signature on an Individualized Plan for Employment by parent, family member, guardian, and advocate has been revised to use the general term of “authorized representative of the individual”.
The standard for development of the Individualized Plan for Employment (IPE) has been changed from six months to no later than 90 days after the date of eligibility determination unless there is agreement by DBVI and the individual to a specific extension.
Clarification is provided that students or youth with a disability may use a projected goal as a component in an IPE.
The exemption from a determination of the availability of comparable services and benefits clarify that rehabilitation technology services include telecommunications, sensory and other technological aids and devices. Additionally job placement services are expanded to job-related services, including job search and placement services; job retention services, follow-up services and follow-along services.
Customized employment is added as a vocational rehabilitation service.
Financial considerations in Post-Secondary, Vocational and Occupational Training Services are clarified regarding Financial Aid, defaulted loans, DBVI’s contribution, and exemption for SSDI/SSI recipients from financial means testing.
Financial limits of DBVI expenditures in self-employment are clarified to allow exceptions if necessary to achieve the agreed upon IPE goal.
Time-limited ongoing support services are changed to clearly include and define supported employment as competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual is working on a short-term basis toward competitive integrated employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual with ongoing support services for individuals with the most significant disabilities for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of significant disability; and because of the nature and severity of their disability, needs intensive supported-employment services and extended services after the transition from DBVI support in order to perform the work.
Short-term basis is defined as within six months of achieving a supported employment outcome, not to exceed twelve months in limited circumstances.
Extended services to a youth with a disability for a period not to exceed four years or through Age 24 is added and defined as ongoing support services and other appropriate services needed to support an individual with the most significant disability in supported employment.
Ongoing support services to individuals with visual impairment has been extended from eighteen to twenty-four months unless the individual and the counselor jointly agree that special circumstances indicate that an extension of time is needed to achieve job stability prior to transitioning to an extended support program.
Transition services are clarified as a coordinated set of activities for youth with disabilities through Age 24 to achieve competitive integrated employment.
Pre-employment transition services to eligible or potentially eligible students with a vision disability are added for youth, Age 14 through Age 21, enrolled in a secondary, postsecondary, or other recognized education program. These services are defined as job exploration counseling; work-based learning experiences; counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs; workplace readiness training; and self-advocacy instruction.
Case closure has been added for youth through Age 24 needing supported employment who have achieved an employment outcome but no longer are eligible for extended services or any other vocational rehabilitation service provided by the VR agency with funds under Title I or the Supported Employment program and the individual no longer meets age requirements or has received extended services for a period of four years unless an extension of support services has been jointly agreed to by the youth and counselor.
Transitional Employment Placement has been removed from Closure of Clients in Supported Employment.
Notification of the availability of post-employment services and appeal rights have been added to Closure of Clients in Supported Employment.
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 9, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Brenda Drummond, Division Director, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-7954. Fax: (207) 287-5292. Email: Brenda.G.Drummond@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 26 MRS §1418-C Program Established
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/rehab/index.shtml .
DOL RULEMAKING LIAISON: Adrienne.Bennett@Maine.gov .

AGENCY: 12-152 - Department of Labor (DOL), Division of Vocational Rehabilitation (DVR)
CHAPTER NUMBER AND TITLE: Ch. 1, Division of Vocational Rehabilitation Services Rules
PROPOSED RULE NUMBER: 2018-P206
BRIEF SUMMARY: These rules govern the delivery of vocational rehabilitation services for persons who have a physical or mental disability in achieving an employment outcome. Modifications would reflect changes required as a result of the Workforce Innovation and Opportunity Act, as well as clarifications in the appeals process, post-secondary services, and transportation assistance.
DETAILED SUMMARY: The Division of Vocational Services (DVR) is proposing changes to its existing rules that will enable DVR to come into compliance with amendments to the federal Rehabilitation Act of 1973 resulting from the Workforce Innovation and Opportunity Act of 2014.
DVR has changed the terminology of “employment outcome to competitive integrated employment” throughout the document.
Compliance with federal performance accountability requirements has been added to the use and release of personal information acquired by DVR.
Clarification has been provided in the Appeals Process to remove reference to a pool of qualified persons and to add the right to file a civil action for judicial review in a state of federal court.
Pre-employment transition services to potentially DVR eligible students with disabilities have been added. A “student with a disability” is defined as a student who is at least 14 (9th grade) but not older than 21 who is enrolled in a secondary, postsecondary, or other recognized educational program and who is eligible for and receiving special education services or is an individual with a disability under Section 504. Interested students may request pre-employment transition services by completing and signing a Pre-Employment Transition Services Registration Form. For students who are under age 18 or not their own guardians, the form must be signed by a parent/guardian.
“Advancing in employment” has been added to Individuals Not Meeting the Order of Selection Criteria who will be provided vocational counseling and appropriately referred to other programs.
Clarification has been provided that the Comprehensive Assessment of Rehabilitation Needs will be reviewed and updated as appropriate prior to any significant changes in the Individualized Plan for Employment.
Services for students with a disability who have been found eligible and placed on a waitlist for a priority category may only receive Pre-Employment Transition Services if they were receiving those services before being found eligible has been added.
The standard for development of the Individualized Plan for Employment (IPE) has been changed from six months to no later than 90 days after the date of eligibility determination or after an individual comes off a waiting list unless there is agreement by DVR and the individual to a specific extension.
Clarification is provided that students or youth with a disability may use a projected goal as a component in an IPE that will be amended following career exploration activities.
Vocational and other training services that are not provided in a post-secondary institution have been removed from the categories of service excepted from a determination of the availability of comparable services and benefits. The description of restricted has been added to awards and scholarships based on merit and rehabilitation technology services have been clarified to include telecommunications, sensory and other technological aids and devices. Additionally, job placement services are expanded to job-related services, including job search and placement services; job retention services, follow-up services and follow-along services.
Customized employment is added as a vocational rehabilitation service.
Financial considerations in Post-Secondary, Vocational and Occupational Training Services are clarified regarding Financial Aid, defaulted loans, DVR’s contribution, exemption for SSDI/SSI recipients from financial means testing, and participation of clients in the cost of attendance.
Financial limits of DVR expenditures in self-employment are clarified to allow exceptions if necessary to achieve the agreed upon IPE goal.
Time-limited ongoing support services are changed to clearly include and define supported employment as competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual is working on a short-term basis toward competitive integrated employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual with ongoing support services for individuals with the most significant disabilities for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of significant disability; and because of the nature and severity of their disability, needs intensive supported-employment services and extended services after the transition from DVR support in order to perform the work.
Short-term basis is defined as within six months of achieving a supported employment outcome, not to exceed twelve months in limited circumstances.
Extended services to a youth with a disability for a period not to exceed four years or through Age 24 is added and defined as ongoing support services and other appropriate services needed to support an individual with the most significant disability in supported employment.
Ongoing support services to individuals has been extended from eighteen to twenty-four months unless the individual and the counselor jointly agree that special circumstances indicate that an extension of time is needed to achieve job stability prior to transitioning to an extended support program.
Transition services are clarified as a coordinated set of activities for youth with disabilities not older than Age 24 to achieve competitive integrated employment.
Pre-employment transition services are added to eligible or potentially eligible students with a disability who are between Age 14 (9th grade) and no older than Age 21, enrolled in a secondary, postsecondary, or other recognized education program. Eligible students are those who meet the definition of a student with a disability and who have not yet applied and been found eligible (or ineligible) for VR services. Pre-Employment Transition Services are meant to be delivered in coordination with schools and do not relieve the schools of any of their responsibilities under the Individuals with Disabilities Education Act (IDEA). These services may be offered in group settings and are defined as job exploration counseling; work-based learning experiences; counseling on opportunities for enrollment in comprehensive transition or post-secondary educational programs; workplace readiness training; and self-advocacy instruction.
DVR transportation assistance has been clarified to include that reimbursement for costs associated with transportation will be in accordance with the State of Maine’s Office of the Controller policies; will not pay for routine vehicle maintenance expenses; may limit payment for repairs based upon the percentage that the vehicle is used for travel necessary to participate in the VR planned services; and may limit the amount of its assistance in the purchase of a vehicle in accordance with DVR’s procedural directives.
Transitional Employment Placement has been removed from Closure of Clients in Supported Employment and added requirements are agreement by the individual or representative and the rehabilitation counselor that the employment outcome is satisfactory and the individual is performing well on the job; information will be provided about the availability of post-employment services; and written notification of appeal rights is given.
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 9, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Libby Stone-Sterling, Division Director, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-7943. Fax: (207) 287-5292. Email: Libby.Stone-Sterling@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS ch. 19 §1411 A- E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/rehab/index.shtml .
DVR RULEMAKING LIAISON: Laura.J.Hudson@Maine.gov .
DOL RULEMAKING LIAISON: Adrienne.Bennett@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
PROPOSED RULE NUMBER: 2018-P207
BRIEF SUMMARY: MRS Rule 805 establishes procedures for filing of composite returns of income by partnerships, estates, trusts, and S corporations on behalf of partners, beneficiaries, or shareholders. In addition to technical, non-substantive changes, the rule is being revised to set the tax rate for composite returns at the highest marginal rate in 36 MRS §5111 "for the applicable tax year" rather than referring to the specific rate set in 36 MRS §5111(E), which is outdated. However, the tax rate will not change at this time.
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 16. 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. Email: Heather.O.Popadak@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same as above
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §§ 112, 5192(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
EMAIL FOR OVERALL MRS RULEMAKING: David.Heidrich@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 32, Electric Utilities Service Standards (Repeal)
PROPOSED RULE NUMBER: 2018-P208
BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 32 and adopt a new rule (Ch. 320) in compliance with legislative directive. A Notice of Rulemaking has been issued in Docket No. 2018-00201 commencing rulemaking for the proposed Ch. 320.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: November 9, 2018. Written comments on the proposal to repeal Ch. 32 may be filed until Friday, November 9, 2018. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00270 and be submitted through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 704, 1308
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 320, Electric Transmission and Distribution Utility Service Standards (New)
PROPOSED RULE NUMBER: 2018-P209
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking pursuant to Public Law 2017 ch. 448, An Act to Restore Confidence in Utility Billing Systems. This law states that the Commission shall adopt rules governing the testing of the metering and billing systems of transmission and distribution utilities to ensure accuracy regarding the measurement of electricity usage and determination of customer bills.
PUBLIC HEARING: October 29, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: : November 8, 2018. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 5:00 p.m., November 8, 2018. However, the Commission requests that initial comments be filed by October 25, 2018, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00201 and be submitted through the Commission’s case management system. If the filer does not have access to the internet, send comments by mail to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1562. TTY 711 – Maine Relay. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 2305-A, 3104-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for Operation of Potato Marketing Improvement Fund
ADOPTED RULE NUMBER: 2018-213
CONCISE SUMMARY: This rule amendment implements revisions made by 2017 Public Law ch. 6, which amended 7 MRS ch. 103 Article 1-A §974-A. The law now states that for any project for which the total cost exceeds $150,000 (rather than the previous $50,000), no state loan may exceed 45% of the project cost. The law also now states that for any project for which the total cost is $150,000 or less (rather than the previous $50,000 or less), no state loan may exceed 55% of the project cost. This rule amendment also changes what activities can be undertaken with Potato Marking Improvement funds, by creating the Support Facilities Loan Program and the Value Added Loan Program.
EFFECTIVE DATE: October 1, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/ .

AGENCY: 10-144 – Department of Health and Human Services (DHHS). Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 36 (New), Children’s Residential Care Facilities Licensing Rule
ADOPTED RULE NUMBER: 2018-214 thru 218
CONCISE SUMMARY: The Department of Health and Human Services is adopting the repeal of four existing children’s residential care licensing rules, and replacing those rules with one single rule, Children’s Residential Care Facilities Licensing Rule, to provide a comprehensive licensing rule for all children’s residential care facilities in Maine. This new rule governs the licensing requirements for a children’s residential care facility. The rules being repealed and replaced include: Rules for the Licensure of Residential Child Care Facilities at 14-118 CMR ch. 18, 14-193 CMR ch. 18, and 10-148 CMR ch. 18, as well as Rules for the Licensure of Private-Non-Medical Institutions-Residential Child Care Facilities, 10-148 CMR ch. 18-A.
This adopted rule introduces a new service: a children’s residential care facility with secure capacity and psychiatric treatment (Level 2 Facility), which allows residents to receive psychiatric and intensive mental health services in a secure facility that is not in a hospital. By expanding children’s residential facilities to this service, it serves a need to treat Maine children in a facility that matches their level of need without having to be sent out of State for treatment.
This adopted rule also updates and clarifies language to reflect current practice in application and licensing requirements. The rule is structured to more clearly explain requirements for staff training, policies, reporting, maintaining records and caring for residents.
EFFECTIVE DATE: October 10, 2018
AGENCY CONTACT PERSON: Andrew Hardy. 11 State House Station - 286 Water Street, Augusta, ME, 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS WEBSITE: http://www.maine.gov/dhhs/
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2018-219 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). The Atlantic Herring Section held a Days Out conference call on September 18, 2018 to determine the landing days for Trimester 3 (October 1 -December 31) and designated five consecutive landings days for all vessels. Trimester 3 will open at 12:01 a.m. on Monday, October 1, 2018 and harvesters may land Atlantic herring through to 11:59 p.m. Friday, October 5. Starting October 7, 2018, landing of Atlantic herring will resume the schedule of 6 p.m. on Sundays through to 6 p.m. on Fridays. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(C).
EFFECTIVE DATE: September 29, 2018
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR RULEMAKING LIAISON: Deirdre.Gilbert@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. II Section 107 (New), Psychiatric Residential Treatment Facility Services
Ch. III Section 107 (New), Principles of Reimbursement for Psychiatric Residential Treatment Facility Services
ADOPTED RULE NUMBER: 2018-220
CONCISE SUMMARY: This rulemaking adopts a new section of policy describing Psychiatric Residential Treatment Facilities (PRTF) services and reimbursement for such services. PRTFs are Medicaid services authorized and governed under: 42 USC §1396d(a)(16) and (h) and 42 CFR 441 Subpart D and 42 CFR 483 Subpart G. The services are offered only to members under the age of 21.
NOTE: The Department will seek approval from CMS for the PRTF service. The service will not be offered, and this rule will not become effective, until CMS has approved. Upon CMS approval, the Department will issue notice to the Secretary of State and Interested Parties informing of CMS approval pursuant to Title 5 §8052(6).
The rule describes the PRTFs’ covered services, policies and procedures, standards, and reimbursement methodology. This service is intended to address a current gap in Maine’s offering of behavioral health services to youth under the age of 21. The PRTF is being created to specifically support Maine’s most vulnerable youth, including: youth in out of state placement, youth stranded in psychiatric hospitalization with no safe discharge option, youth stranded in emergency rooms with no safe placement, and incarcerated youth in need of mental health treatment. This rule was developed by a multidisciplinary team including members from the Office of Child and Family Services, the Department of Education, the Department of Corrections, Maine Centers for Disease Control and Prevention, and the Office of MaineCare services. The development of this policy included stakeholder input. A public hearing was held on May 21, 2018, and, in addition, public comments were received.
This service will be reimbursed using a statewide per diem rate for medical, clinical and direct care costs (direct care services) and using a facility-specific rate for routine and fixed costs (room and board costs). The routine and fixed costs facility rate is informed by annual cost reporting performed by providers using a state-developed cost report form. The medical, clinical and direct care per diem rate is not cost settled. The routine and fixed cost rate is cost settled by the Department based on allowable fixed and routine costs.
The Department has issued notice to the Legislature prior to rulemaking adoption and complies with 34-B MRS §15002 (Children’s Mental Health Services).
As a result of public comments and review by the Office of the Attorney General, the Department has deleted the utilization of chemical restraints in this service. The Department added language for Medication Pro Re Nata (PRN), which clarifies that PRN medication may not be utilized as a chemical restraint.
The Department added language to clarify that this rulemaking complies with the following regulations: the Rights of Recipients of Mental Health Services who are Children in Need of Treatment by a Provider, 14-172 CMR ch. 1, and also the Rights of Recipients of Mental Health Services, 14-193 CMR ch. 1. These changes were adapted to ensure compliance with all state and federal regulation and to ensure members are afforded the highest level of protections.
At the same time it is adopting this rulemaking, the Department is also adopting new licensing rules, which will govern the licensing of PRTFs. Those rules are the Children’s Residential Care Facilities Licensing Rule, 10-144 CMR ch. 36.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 3, 2018
AGENCY CONTACT PERSON: Dean Bugaj, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Dean.Bugai@Maine.gov ,
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
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, FS Rule #205E, COLA SUA FFY 2019: Sections FS-000-1, “Basis of Issuance”, and FS-555-5, “Income and Deductions”
ADOPTED RULE NUMBER: 2018-221 (Emergency)
CONCISE SUMMARY: This emergency rule implements updates to the federal poverty levels, maximum allotments, standard deduction and standard utility allowance deductions for the Food Supplement program as of October 1st. As a result, Food Supplement benefits will change for some households.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2018
OFI CONTACT PERSON: Ian Miller, Senior Food Supplement Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
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), Rule #111E: Annual Increase to TANF Maximum Benefit
ADOPTED RULE NUMBER: 2018-222 (Emergency)
CONCISE SUMMARY: This rule increases the TANF maximum benefit by 2% pursuant to 22 MRS §3769-C(D).
The Department finds that an emergency rule change is necessary to implement the increase by the required date of October 1, 2018.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2018
OFI CONTACT PERSON: Jessica Drenning, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Jessica.Drenning@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Daniel.H.Cohen@Maine.gov .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144- Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 201, Administration and Enforcement of Establishments Regulated by the Health Inspection Program
ADOPTED RULE NUMBER: 2018-223
CONCISE SUMMARY: The Department of Health and Human Services (The Department) is adopting changes necessary to continue to effectively and efficiently provide the regulatory functions of the Maine CDC’s Health Inspection Program. The Department added new definitions, removed obsolete definitions, further specified requirements for certified food protection managers, clarified the process for delegated municipalities performing inspection and licensing duties, removed menu labeling requirements, further explained licensing procedures and requirements, added more appropriate license categories, including public pool and spa licenses, updated descriptions of licensing violations and penalties, clarified inspection frequencies and clarified appeal rights and procedures.
EFFECTIVE DATE: October 10, 2018
AGENCY CONTACT PERSON: Andrew Hardy, 11 State House Station - 286 Water Street, Augusta, ME, 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS WEBSITE: http://www.maine.gov/dhhs/
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .