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February 13, 2019

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: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2018-P291 (Hearing rescheduled)
BRIEF SUMMARY: Entering into a promise or agreement to pay for campaign goods or services must be disclosed as a debt in campaign finance reports. In the annual disclosure statements of personal income sources, the Commission may require officials to enter a category for a gift, such as transportation or conference fees.
PUBLIC HEARING: Wednesday, March 6, 2019 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, March 18, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Katie.Feliciano@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS §§ 1003(1) & 1016-G(4); 5 MRS §19(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
COMMISSION WEBSITE: http://www.maine.gov/ethics .
COMMISSION RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 29-250 - Department of Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Overdimension and Overweight Permits
PROPOSED RULE NUMBER: 2019-P010
BRIEF SUMMARY: This rule establishes requirements and standards for the permitting of non-divisible overdimensional and overweight vehicles and loads (collectively overlimit loads) which are loads exceeding the size and weight limits established in Title 29-A. The Secretary of State is authorized to issue overlimit permits pursuant to Title 29-A MRS §2382. This rule also establishes requirements and standards for Pilot and Police Escort vehicles.
The rule is being amended to provide for the nighttime movement of empty overwidth lowbed trailers in Aroostook County between November 1 and April 1, and to make certain other technical changes necessary for the efficient administration of the overlimit permit program due to the launch of a new online routing and permitting system.
PUBLIC HEARING: March 7, 2019 at 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta ME 04333
COMMENT DEADLINE: March 22, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: April Goodwin, Chief of Motor Carrier Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9063. Email: April.M.Goodwin@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §2382
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 01-026 � Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control
CHAPTER NUMBERS AND TITLES:
Amendments:
Ch. 10, Definitions and Terms
Ch. 26, Standards for Indoor Application of Pesticides
Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
Ch. 28, Notification Provisions for Outdoor Pesticide Applications
Ch. 31, Certification and Licensing Provisions / Commercial Applicators
Ch. 32, Certification and Licensing Provisions for Private Applicators
Ch. 50, Reporting Requirements for Applicators and Dealers
Repeal:
Ch. 36, Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program
PROPOSED RULE NUMBERS: 2019-P011 thru P018
BRIEF SUMMARY:
Ch. 10: Two amendments are proposed:
1. Amend the definition of �Aerial Applicator� to allow certification as a private applicator. Currently the rule requires applicators to hold a commercial license which prevents an individual from making applications on their own property. This is required by the new EPA C&T rules, and is in anticipation of potential applications by unmanned aircraft systems.
Ch. 26: One amendment is proposed:
1. Clarify the definition of �occupied buildings� to mean fully enclosed indoor spaces inside buildings and that roofed structures which are otherwise not enclosed are not buildings for the purpose of the rule.
Ch. 27: Three amendments are proposed:
1. Change wording to clarify that all pesticide applications, inside and outside, must be included in the pest management activity log.
2. Change wording to clarify that applications made to the exterior of buildings are included in the rule.
3. Add personal insect repellents to the list of products which do not require licensure.
Ch. 28: One amendment is proposed:
1. Clarify that the telephone number required on signs must be a working number.
Ch. 31: Eleven amendments are proposed:
1. Add requirement for a government-issued photo id for all exams (required by EPA C&T).
2. Establish annual training requirements for noncertified applicators of restricted use pesticides (required by EPA C&T).
3. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
4. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T).
5. Remove section on transitioning to revised licensing and certification requirements since the time frame has passed.
6. Update the names of certain categories to align with current exams.
7. Remove requirement to collect social security number.
8. Change cost of master exams from $50 for both to $10 for Master Regulations exam and $40 for Master Oral exam.
9. Remove exemption for those certifying in the Post Harvest Treatment category from having to take the core exam.
10. Remove requirements for applicators to receive continuing education credits in specific categories as the Board doesn�t categorize courses this way.
11. Remove fee for replacement and upgraded licenses as the Board no longer charges for these due to improved software.
Ch. 32: Six amendments are proposed:
1. Amend competency standards to include those required by EPA C&T: label comprehension; responsibilities for supervisors of noncertified applicators; stewardship; ability to read and understand pesticide labeling.
2. Remove option to provide oral exam as EPA C&T no longer allows non-reader accommodations.
3. Add supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation (required by EPA C&T).
4. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
5. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T).
6. Add requirement for a government-issued photo id for all exams (required by EPA C&T amendments).
Ch. 50: One amendment is proposed:
1. Add requirements to dealer records of sales (required by EPA C&T amendments):
a. customer address
b. issuing authority, certification expiration date, and categories of certification in addition to the applicator�s certification number
Ch. 36: Repeal of Ch. 36 is proposed. Associated requirements were previously repealed because they are no longer necessary with the current technology used in aircraft.
PUBLIC HEARING: Friday, March 8, 2019, 9:00 a.m., Room 118, Marquardt Building, 32 Blossom Lane, Augusta
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Megan Patterson, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .
COMMENT DEADLINE: 8:00 a.m., Monday, March 25, 2019
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THESE RULES:
Ch. 10: 22 MRS §§ 1471A-X
Ch. 26: 22 MRS §§ 1471A-X and 7 MRS §§ 601-625
Ch. 27: 22 MRS §§ 1471A-X and 7 MRS §§ 601-625
Ch. 28: 22 MRS §1471-M(2)(D)
Ch. 31: 22 MRS §§ 1471-D and S
Ch. 32: 22 MRS §§ 1471-D and S
Ch. 50: 22 MRS §§ 1471-G and M
Ch. 36: 22 MRS §§ 1471-D and S
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
AGENCY RULEMAKING LIAISON: Randy.Charette@Maine.gov .

AGENCY: 09-137 � Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 17, Bear Trapping
PROPOSED RULE NUMBER: 2019-P019
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has proposed amendments to bear trapping rules that were identified in the Department�s Big Game Management Plan, and to limit bear traps and bear trapping methods that may accidentally capture the federally threatened Canada Lynx. This rule is necessary to comply with Incidental Take Permit Number TE48539B-0 issued by the United States Fish and Wildlife Service. A complete copy of the proposed rule is available by contacting the rulemaking contact person listed below.
PUBLIC HEARING: Tuesday, March 5, 2019 @ 5:30 p.m., Camden National Bank Ice Vault, 203 Whitten Road, Hallowell
COMMENT DEADLINE: March 15, 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: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12260
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 � Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.11, Migratory Game Bird Hunting
PROPOSED RULE NUMBER: 2019-P020
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of rules pertaining to season dates and bag limits for the hunting of ducks, geese and other migratory game birds. The proposed rule will protect migratory game birds from over-harvest by setting these limitations. Based on population trends, there is a proposed reduction in the daily bag limit for mallards from 4 per day to 2 per day with a 1 hen restriction and a reduction in the daily bag limit for Northern pintails from 2 per day to 1 per day. The Coastal Zone regular goose season is proposed to be increased by 10 days for a 70-day season, while North and South Zone regular goose season will remain at 60 days. Please contact the agency rulemaking contact person for a complete copy of the proposed rule.
PUBLIC HEARING: Wednesday, March 6, 2019 @ 5:30 p.m. - Camden National Bank Ice Vault, 203 Whitten Road, Hallowell
COMMENT DEADLINE: March 18, 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: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 94-412 � Saco River Corridor Commission
CHAPTER NUMBER AND TITLE: Ch. 102, Standard Conditions of Approval
PROPOSED RULE NUMBER: 2019-P021
BRIEF SUMMARY: Within 75 feet of the water, a paved walkway not to exceed 10 feet in width may be approved pursuant to an application and issuance of a permit.
PUBLIC HEARING: Dayton Town Hall, 33 Clarks Mills Road, Dayton, Maine on Tuesday, March 5 at 7:00 p.m.
COMMENT DEADLINE: March 16, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Dalyn P. Houser, Executive Director, P.O. Box 283, 81 Maple Street, Cornish, ME 04020. Telephone: (207) 625-8123. Fax: (207) 625-7050. Email: dalyn@srcc-maine.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: During the 106th Session of the Maine State Legislature, the Saco River Corridor Commission was given the authority under 38 MRS §954-C, �After notice and public hearing� to adopt such rules and regulations governing its procedures as it deems necessary to carry out the purposes of the Saco River Corridor Act. This rule was last amended January 25, 2006.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
COMMISSION WEBSITE: srcc-maine.org .

AGENCY: 94-412 - Saco River Corridor Commission
CHAPTER NUMBER AND TITLE: Ch. 107, Performance Standards Governing Expansions of Existing Nonconforming Uses, Including Structures
PROPOSED RULE NUMBER: 2019-P022
BRIEF SUMMARY: The reconstruction of nonconforming structures will be allowable by permit and must meet certain criteria dependent upon the proximity of the existing structure from the water. A Nonconforming use may not be changed to another nonconforming use unless it is determined that the new use will not cause a greater adverse impact to the lands and waterways of the Corridor.
PUBLIC HEARING: Dayton Town Hall, Tuesday, March 5 at 7:00 p.m.
COMMENT DEADLINE: March 16, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Dalyn P. Houser, Executive Director, P.O. Box 283, 81 Maple Street, Cornish, ME 04020. Telephone: (207) 625-8123. Fax: (207) 625-7050. Email: dalyn@srcc-maine.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: During the 106th Session of the Maine State Legislature, the Saco River Corridor Commission was given the authority under 38 MRS §954-C, �After notice and public hearing� to adopt such rules and regulations governing its procedures as it deems necessary to carry out the purposes of the Saco River Corridor Act. This regulation was originally adopted by the Commission on April 20, 1988 and was last amended after public hearing on January 30, 2006.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
COMMISSION WEBSITE: srcc-maine.org .

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 12, Consumer-Directed Attendant Services, and Allowances for Consumer-Directed Attendant Services
ADOPTED RULE NUMBER: 2019-030
CONCISE SUMMARY: The Department of Health and Human Services adopts these rules to add a definition of �Fiscal Intermediary;� replace the phrase �Authorized Agent� with �Authorized Entity;� implement Electronic Visit Verification (EVV); clarify that personal care services provided under other rules may not be duplicated under Section 12; and to increase reimbursement rates in compliance with Public Law 2017 ch. 459 Part B, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (�the Act�).
These rule changes are consistent with PL 2017 ch. 459 Part B, which required the Department to amend its rules for reimbursement rates for personal care services provided under the provisions of 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. III Section 12, �Allowances for Consumer-Directed Attendant Services�, to reflect the final rates modeled in the February 1, 2016 �Rate Review for Personal Care and Related Services: Final Rate Models� prepared for the Department by Burns & Associates, Inc.
The Act required the Department to implement �immediate rate increases,� effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor�s veto.
Because the Act involves MaineCare reimbursement, the rate changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for State Plan services must �be published before the proposed effective date of the change.� The Department published its notice of reimbursement methodology change for the Section 12 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018; this effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 12 State Plan Amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, and the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation). This is not a rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
There are four separate rate change requests pending before CMS; one submitted in September 2015 (effective 10/1/15 to 7/28/16), one submitted in July 2016 (effective 7/29/16 to 2/21/17), one submitted in August 2017 (effective 7/1/17 to 6/30/18 and 7/1/18 to 7/31/18), and one submitted in July 2018 (effective from 8/1/18 on); thus, there are four retroactive effective dates applicable for these rates included in Ch. III.
On November 13, 2018, the Department adopted an emergency Ch. III rule to effectuate the increased Section 12 reimbursement rates with a retroactive effective date of August 1, 2018. This rulemaking makes permanent the emergency rule changes.
In addition, Ch. II changes are adopted, which were proposed on November 21, 2018, and are outlined below:
1) New Definition added for Fiscal Intermediary (FI), which is an organization that provides administrative and payroll services on behalf of members self-directing their personal care services. The FI must have an established contract with the Department. The services of the Fiscal Intermediary are not billable under this section. In addition, the definition of Fiscal Intermediary has been moved to 12.01-11 and subsequent definitions have been renumbered.
2) �Authorized Agent� is replaced with �Authorized Entity� throughout the policy.
3) Electronic Visit Verification (EVV) requirements are added effective January 1, 2020 pursuant to Section 12006 of the 21st Century CURES Act (PL 114-255), as codified in 42 USC §1396b(l)(1).
4) Clarification that personal care services provided under other Sections of the MaineCare Benefit Manual may not be duplicated under Section 12.
5) Grammatical and typographical corrections have been made throughout the policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 11, 2019
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: 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 65, Behavioral Health Service
ADOPTED RULE NUMBER: 2019-031
CONCISE SUMMARY: The Department of Health and Human Services (�the Department�) finally adopts these rule changes in 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. II and III Section 65, �Behavioral Health Services�, to: (a) ensure broader access to crisis services for adults with intellectual disabilities; and (b) increase the rates of reimbursement for services pursuant to Public Law 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (the �Act�), Parts D, E and I.
Specific changes are as follows:
* Part D of the Act directs the Department to increase the rate of reimbursement for all Section 65 services to ensure a net increase in funding from fiscal year 2008-09 to fiscal year 2018-2019 of two percent as long as no rate for a service is lower than the rate reimbursed as of January 1, 2018. The Legislature required this increase in reimbursement to be applied to the wages and benefits of employees providing direct services to MaineCare members, and not to administrators or managers. Section 65 providers must document compliance with this requirement in their financial records and provide such documentation to the Department upon request.
* Part E of the Act directs the Department to increase the reimbursement rate for Section 65 Medication Management services by fifteen percent. This increase is in addition to the two percent increase required by Part D of the Act.
* Part I of the Act directs the Department to increase the reimbursement rates for Multi-Systemic Therapy (MST), Multi-Systemic Therapy for Problem Sexualized Behaviors (MST-PSB), and Functional Family Therapy (FFT) by twenty percent. This twenty percent increase, which is in addition to the two percent increase, is effective until June 30, 2019. The Department shall publish a separate notice of change in reimbursement methodology, and seek approval from the Centers for Medicare and Medicaid Services (CMS) for the Multi-Systemic Therapy and Functional Family Therapy rate changes that go into effect in 2019.
Through the Act, the Legislature determined that �these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety.� As such, the Act requires the Department to implement �immediate rate increases,� effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor�s veto.
Because the Act involves MaineCare reimbursement, these rule changes are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for State Plan services must �be published before the proposed effective date of the change.� The Department published its notice of reimbursement methodology change for the Section 65 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018; this date comports with the federal law requirement. Pending approval of the proposed changes to the Section 65 State Plan Amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
Pursuant to the Legislative determination regarding the urgent need for these reimbursement increases, the Department initially implemented these changes through emergency rulemaking. Similarly, an August 1, 2018 retroactive effective date is necessary to implement these changes as soon as possible. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application (where there is no adverse impact on providers or members) for a period not to exceed eight calendar quarters.
To remedy the difference between the July 1, 2018 effective date set forth in the Act and the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation).
Additionally, the Department added certain diagnoses to Crisis Services in Ch. II. The crisis services system for adult developmental services is stressed, as the agency that previously contracted for state funded beds has declined to renew their contract with the Department. The state offers a small amount of crisis beds, but the demand outweighs the supply. Current policy language does not support serving individuals with developmental disabilities. The Department thus broadened the language in Ch. II Sections 65.06-1, 65.06-2, to extend eligibility to members with developmental disabilities. These rule changes allow any willing and qualified provider of crisis services under Section 65 to offer crisis beds to adult members with developmental disabilities. Additionally, the Department added allowable staff (Direct Support Professionals) to treat this population, as those currently available under Section 65 (MHRT) do not have the education or expertise to effectively treat this population.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 11, 2019
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.Bugaj@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@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 & III Section 96, Private Duty Nursing and Personal Care Services
ADOPTED RULE NUMBER: 2019-032
CONCISE SUMMARY: The Department of Health and Human Services adopts these Section 96, �Private Duty Nursing and Personal Care Services� rules to add or update definitions of �Custodial Care,� �Private Duty Nursing,� and �Respite Care;� implement Electronic Visit Verification (�EVV�); increase the maximum available Care Coordination units from 18 to 24 per eligibility period; clarify that Section 96 services are not available to duplicate other personal care services; require that the Plans of Care for members under the age of 21 show the medical necessity of school-based nursing services are not provided by a school nurse; and to adopt, finally, certain rate increases in conformance with Public Law 2017, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (�the Act�), Part B.
PL 2017 ch. 459 part B, required the Department to amend its rules for reimbursement rates for the home-based and community-based personal care services under the provisions of 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. II & III, �Private Duty Nursing and Personal Care Services� to reflect the final rates modeled 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. Further, Part B-3 directs the Department to ensure that caps and limitations on home-based and community-based personal care and related services are increased to reflect the increase in reimbursement rates that result from this change, such that Section 96 recipients may not experience a reduction in hours solely as a result of increased reimbursement rates authorized by the Act.
This Ch. III adopted rule increases the following rates:
G0299 TD (0551)-RN Services
G0299 TD UN (0551)-RN Services�multiple patients (2)
G0299 TD UP (0551)-RN Services-multiple patients (3)
G0300 TE (0559)-LPN Services
G0300 TE UN (0559)-LPN Services�multiple patients (2)
G0300 TE UP (0559)-LPN Services�multiple patients (3)
T1000 TD-Independent RN
T1000 TD UN-Independent RN-multiple patients (2)
T1000 TD UP-Independent RN�multiple patients (3)
T1004 (0571)-Home Health Aide/Certified Nursing Assistant Services
T1004 UN (0571)-Home Health Aide/Certified Nursing Assistant Services-multiple patients (2)
T1004 UP (0571)-Home Health Aide/Certified Nursing Assistant Services�multiple patients (3)
T1019 (0589)-Personal Support Services
T1019-Personal Support Services (PCA Agencies only)
T1019 UN-Personal Support Services (PCA Agencies only) multiple patients (2)
T1019 UP-Personal Support Services (PCA Agencies only) multiple patients (3)
S5125 TF (0589)-PCA Supervisit
S5125 TF UN (0589)-PCA Supervisit-multiple patients (2)
S5125 TF UP (0589)-PCA Supervisit�multiple patients (3)
S5125 TF-PCA Supervisit (PCA Agencies only)
S5125 TF UN-PCA Supervisit (PCA Agencies only) multiple patients (2)
S5125 TF UP-PCA Supervisit (PCA Agencies only) multiple patients (3)
This Ch. II adopted rule effectuates the following level of care limits in conformance with the rate increases:
Level I
Level II
Level III
Level IV
Level
Level VIII
Level IX
The Act required the Department to implement �immediate rate increases,� effective July 1, 2018. However, the Act did not become law until July 9, 2018, following a Legislative override of the Governor�s veto.
Because the Act involves MaineCare reimbursement, the rate increases are also governed by federal Medicaid law. 42 CFR §447.205(d) requires that public notice of changes in reimbursement for State Plan services must �be published before the proposed effective date of the change.� The Department published its notice of reimbursement methodology change for the Section 96 rates on July 31, 2018. Upon the advice of the Office of the Attorney General, the increased rates will be effective August 1, 2018; this effective date comports with the federal law requirement. Pending approval of the proposed changes to the Section 96 State Plan Amendment that were submitted to the Centers for Medicare and Medicaid Services, the increased rates will be implemented with an August 1, 2018 effective date.
There are three separate rate changes and increased level of care limits pending before CMS: one submitted in July 2016 (effective July 29, 2016), one submitted in September 2017 (effective September 6, 2017), and one submitted in July 2018 (effective August 1, 2018); thus, there are three retroactive effective dates applicable for these rates included in Ch. III and level of care limits in Ch. II.
To remedy the difference between the July 1, 2018 effective date set forth in the Act, and the August 1, 2018 date that is permissible pursuant to federal Medicaid law, the Department has recalculated the annual appropriation of funds for this service into a temporary eleven month rate. As such, providers will, over the course of eleven months, receive equivalent aggregate payments as would have been received under a twelve month rate. Beginning on July 1, 2019, rates will be annualized (based upon a twelve month appropriation). This is not a rate decrease, but rather a redistribution of the annual appropriation over twelve months, rather than eleven months.
On November 13, 2018, the Department adopted an emergency rule to effectuate the increased Section 96 reimbursement rates with a retroactive effective date of August 1, 2018. This rulemaking makes permanent the emergency rule changes.
Additional Ch. II changes are adopted and outlined below:
1) Electronic Visit Verification (EVV) requirements as mandated by Section 12006 of the 21st Century CURES Act (PL 114-255) as codified in 42 USC §1396b(l)(1).
2) Care Coordination units are increased from eighteen (18) to twenty-four (24) hours annually.
3) Duration of Care and Non-Covered Services are updated to clarify that Section 96 services may not duplicate personal care services provided under other identified sections of the MaineCare Benefits Manual.
4) For any members under the age of 21 receiving 1:1 Nursing Services in conformance with the member�s authorized Plan of Care in a school-based setting, the medical necessity of the services being provided and the inability of the nurse, already on site or one at another district, to provide the medically necessary services must be documented on the member�s Plan of Care.
5) New definitions added are Custodial Care and Respite Care.
6) The Private Duty Nursing definition has been updated to state �when normal life activities take the member outside of his or her residence� from �required life activities.�
7) Grammatical and typographical corrections have been made throughout the policy.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 11, 2019
OMS CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Office of MaineCare Services - 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: 09-137 � Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES:
Ch. 4, Hunting and Trapping (repealed and replaced)
Ch. 4, Falconry (New)
Ch. 16, Hunting (New)
Ch. 17, Trapping (New)
ADOPTED RULE NUMBERS: 2019-033 thru 036
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a complete repeal and replace of Ch. 4, Hunting and Trapping rules. The rule creates a new Ch. 16 Hunting Rules, a Ch. 17, Trapping, and a Falconry rule chapter which will remain as Ch. 4. The primary focus of the repeal and replace was to address minor formatting issues, update information, fix inconsistencies between the rule and current statutory language, and consolidation of redundant language. A complete copy of the new rules and a summary of substantive changes is available upon request to the agency rulemaking contact person below.
EFFECTIVE DATE: February 12, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch, 11, Scallops: 11.08, Targeted Scallop Conservation Closures: (7) Gouldsboro/Dyers Bays Rotational Area; (8) Upper Machias Bay Rotational Area; and (9) Vinalhaven Islands in the Lower Penobscot Bay Rotational Area
ADOPTED RULE NUMBER: 2019-039 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement conservation closures in Gouldsboro Dyers Bay Rotational Area, Upper Machias Bay Rotational Area and Vinalhaven Islands in the Lower Penobscot Bay Rotational Area. These closures are required to protect Maine�s scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season will further reduce the abundance of remaining broodstock that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine�s scallop fishery in these areas as authorized by 12 MRS §§ 6171(3)(A).
EFFECTIVE DATE: February 10, 2019
DMR 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: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

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WEEKLY NOTICES OF STATE RULEMAKING
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