December 5, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-19
PROPOSED RULE NUMBER: 2018-P272
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: December 20, 2018, Thursday, starting at 10:30 a.m., Department of Agriculture, Conservation & Forestry, Marquardt Building – Room 118, Hospital Street, Augusta, Maine
COMMENT DEADLINE: December 20, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2018-P273
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend Ch. 14 rules as they apply to the commercial whitewater rafting industry in an effort to provide more flexibility to outfitters during their allocation review; allow online certification for First Aid and CPR and reduce the minimum length of a whitewater craft to at least 13 feet. The Department is also proposing to remove the order of launch from rule for a quicker response time when changes are requested. The order of launch will be made available to the public online or by request to the whitewater boating officer.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: January 4, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 12909, 12910, 12913
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-18
ADOPTED RULE NUMBER: 2018-259 (Emergency)
CONCISE SUMMARY: Minimum December 2018 Class I price is $18.30/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $23.96/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: December 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

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 93, Opioid Health Home Services
ADOPTED RULE NUMBER: 2018-260 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services (“Department”) adopts changes to Ch. II and III Section 93, “Opioid Health Home Services”, of the MaineCare Benefits Manual on an emergency basis pursuant to PL 2017 ch. 460 part G, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (emergency, effective July 9, 2018) (the “Act”) and pursuant to the Department’s emergency rulemaking authority under 5 MRS §8054.
The Act requires the Department to ensure that a continuum of evidence-based treatment and recovery support services for opioid use disorder is accessible to the people of Maine. The Department is implementing the following emergency rule changes: adding a definition of Integrated Medication Assisted Treatment (IMAT) to describe OHH service expectations; adding urine drug screening as an integral part of IMAT services; establishing levels of care (intensive, intermediate/stabilization, and maintenance) that correspond to the member’s needs; and creating a tiered reimbursement rate structure corresponding to these levels of care. Given the emergency nature of the Act, the Department does not need to make additional emergency findings to support these portions of the emergency rulemaking.
In conjunction with these changes, the Department believes in order to address the current opioid epidemic additional changes are needed on an emergency basis pursuant to 5 MRS §8054 to improve the Section 93 rules by making it easier for current and new providers to deliver IMAT services through the OHH model. In turn, this will increase accessibility to services for all individuals with opioid use disorder as envisioned under the Act. The State is currently in the midst of an opioid epidemic which claimed approximately one life per day in 2017. Funding and service-delivery requirements supporting IMAT are critical to providing MaineCare members and uninsured individuals high-quality treatment options. The Department is therefore making emergency changes to Section 93 that: alter the current staffing requirements and add a new patient navigator to the OHH team to ensure flexibility for provider organizations and expertise to meet members’ needs; create an allowance for members who meet eligibility for MaineCare Benefits Manual, Section 92, “Behavioral Health Home Services”, Section 91, “Health Home Services”, certain Section 13, “Targeted Case Management Services”, or Section 17, “Community Support Services”, to receive these services in coordination with OHH services; ease requirements regarding the Electronic Health Record to allow provider flexibility in meeting OHH program requirements; provide clarification to covered services; and make minor and technical changes to the operation of OHH. These emergency changes are the result of Departmental review and stakeholder feedback. Both providers and members alike will benefit from these changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: November 27, 2018
OMS CONTACT PERSON: 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 .

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 601, Rules Relating to the Maine State Ferry Service
ADOPTED RULE NUMBER: 2018-261 - a corrected version to be published December 12, 2018
CONCISE SUMMARY: This new rule is required by Resolve, To Improve the Safety of Ferries in the State, ch. 86 (LD 1468). This rule will address the secure transport of medical samples by the Maine State Ferry Service (MSFS) to and from the islands that are serviced by the MSFS
EFFECTIVE DATE: December 1, 2018
MaineDOT CONTACT PERSON / RULEMAKING LIAISON: Toni Kemmerle, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3020. Email: Toni.Kemmerle@Maine.gov .
MaineDOT WEBSITE: http://www.maine.gov/mdot/ .