April 17, 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: 02-392 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 12, Licensure of Manufacturers and Wholesalers
PROPOSED RULE NUMBER: 2019-P053
BRIEF SUMMARY: 2017 Public Law ch. 267, 32 MRS §13759, “An Act to Prohibit Certain Gifts to Health Care Practitioners”, directs the Maine Board of Pharmacy to establish definitions by rule for modest meals and refreshments, and reasonable honoraria. This rule sets standards on exceptions to the general prohibition against manufacturers and wholesalers making gifts to practitioners.
PUBLIC HEARING: May 8, 2019, 8:00 a.m., 76 Northern Avenue, Gardiner, Maine 04333, Central Conference Room.
COMMENT DEADLINE: May 19, 2019 by 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINSS IMPACT INFORMATION: Geraldine Betts, Program Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. TTY users call Maine Relay 711. Email: Geraldine.L.Betts@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 13720, 13721(1)(E), 13723, 13751, 13758, 13759
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 2017 Public Law ch. 267, 32 MRS §13759, “An Act to Prohibit Certain Gifts to Health Care Practitioners”
PFR WEBSITE: http://www.maine.gov/pfr .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
BOARD OF PHARMACY WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.html .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 8, Occupational Safety and Health Standards for Whistleblowers / Discrimination in the Public Sector
PROPOSED RULE NUMBER: 2019-P054
BRIEF SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1977 as of June 1, 2018.
PUBLIC HEARING: None
COMMENT DEADLINE: May 17, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kerri L. Demerchant, Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5095. Email: Kerri.L.Demerchant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §570
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 9, Occupational Safety and Health Standards for Issuing Variances in the Public Sector
PROPOSED RULE NUMBER: 2019-P055
BRIEF SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1905 as of June 1, 2018.
PUBLIC HEARING: None
COMMENT DEADLINE: May 17, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kerri L. Demerchant, Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5095. Email: Kerri.L.Demerchant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §571
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 10, Occupational Safety and Health Standards for Section 1908 Consultation Guidelines in the Public Sector
PROPOSED RULE NUMBER: 2019-P056
BRIEF SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1908 as of June 1, 2018.
PUBLIC HEARING: None
COMMENT DEADLINE: May 17, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Kerri L. Demerchant, Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5095. Email: Kerri.L.Demerchant@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §565
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 414, Required Minimum Distributions
PROPOSED RULE NUMBER: 2019-P057
BRIEF SUMMARY: This rule establishes the date when a member must begin to receive a service retirement benefit or withdraw accumulated contributions under a retirement program pursuant to Internal Revenue Code. The current rule establishes April 1 of the year in which the required beginning date occurs as the effective date of a service retirement benefit. The proposed amendment changes the effective date to be no later than April 1 of the year in which the required beginning date occurs.
PUBLIC HEARING: None
COMMENT DEADLINE: May 17, 2019, 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEPERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3190. Email: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINEPERS WEBSITE: www.mainepers.org .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2019-P058
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule are the recommendations of the Participating Local District Advisory Committee to clarify recently adopted amendments to the Plan by further amending provisions relating to the allocation of costs between employers and employees, earnable compensation, service credit and retire/rehire. The proposed amendments also include some adjusted wording on an unrelated technical provision of the rule.
PUBLIC HEARING: May 9, 2019, 1:00 p.m. EDT, Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine
COMMENT DEADLINE: May 20, 2019, 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEPERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3190. Email: Kathy.Morin@mainepers.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §§ 17103(4), 18200 et seq., 18801 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINEPERS WEBSITE: www.mainepers.org .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 285, Maine Telecommunications Education Access Fund
PROPOSED RULE NUMBER: 2019-P059
BRIEF SUMMARY: The Public Utilities Commission the Commission initiates a rulemaking to amend Ch. 285, Maine Telecommunications Education Access Fund (MTEAF) of the Commission’s rules. The proposed amendments are intended to harmonize the definitions and provisions of the rule with Ch. 288, Maine Universal Service Fund (MUSF). The Commission is also proposing other, non-substantive editorial amendments.
PUBLIC HEARING: May 8, 2019 - 1:30 pm, Maine Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: May 31, 2019. Initial comments regarding the proposed amendments may be filed using the Commission’s Case Management System (CMS) on or before Friday, April 26, 2019. Interested persons may file final written comments on the proposed rule in CMS no later than Friday, May 31, 2019. All comments will appear in CMS, and commenters should refer to Docket No. 2019-00034 when submitting comments
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, Maine PUC, 18 State House Station, Augusta Maine 04333. Telephone: (207) 287-1365. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 7104-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBER: 2019-P060
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 288, Maine Universal Service Fund (MUSF) of the Commission’s rules. The proposed amendments are intended to harmonize the contribution mechanism of Ch. 288 with Ch. 285, Maine Telecommunications Education Access Fund (MTEAF) of the Commission's rules and the Maine E-9-1-1 Fund. The Commission is also proposing other, non-substantive editorial amendments.
PUBLIC HEARING: May 8, 2019 - 1:30 pm, Maine Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: May 31, 2019. Initial comments regarding the proposed amendments may be filed using the Commission’s Case Management System (CMS) on or before Friday, April 26, 2019. Interested persons may file final written comments on the proposed rule in CMS no later than Friday, May 31, 2019. All comments will appear in CMS, and commenters should refer to Docket No. 2019-00022 when submitting comments
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, Maine PUC, 18 State House Station, Augusta Maine 04333. Telephone: (207) 287-1365. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 7104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MaineCare Rule #290A (Medicaid Expansion): Part 3, Eligibility Groups Requirements; Part 4, Budgeting-MAGI; and Part 18, Presumptive Eligibility Determined by Hospitals;
ADOPTED RULE NUMBER: 2019-063
CONCISE SUMMARY: This rule change implements the MaineCare expansion as set forth in 22 MRS §3174-G(1)(H), which was enacted through a citizens’ initiative on November 7, 2017 (the “Expansion Act”). The Expansion Act requires the Department to provide covered MaineCare services to adults ages 19 through 64 who satisfy the eligibility requirements as set forth more specifically below and in the MaineCare Eligibility Manual (the “Expansion Population”). The Expansion Act requires the Department to submit a State Plan Amendment (“SPA”) to the Centers for Medicare and Medicaid Services (“CMS”) and engage in rulemaking to implement coverage for the Expansion Population.
The Department initially made these changes through emergency rulemaking pursuant to 5 MRS §8054. Those changes were effective January 18, 2019 and shall expire after ninety days. The Department files this rule to finally adopt the changes required for MaineCare expansion.
The Basis Statement filed with this rulemaking includes a detailed background regarding the Expansion Act litigation.
The rule updates Parts 3 and 4 of the MaineCare Eligibility Manual to establish an eligibility category for adults age 19 through 64 who meet the following requirements: are not pregnant; are not eligible for or currently receiving Medicare Part A or Medicare Part B; are not otherwise eligible for Medicaid in the State of Maine; and have income less than or equal to 133% of the federal poverty level (“FPL”). Part 3 Section 2.4 of the rule also distinguishes between two types of parent/caretaker relatives for purposes of receipt of the proper amount of federal matching funds. Maine previously provided MaineCare coverage to parent/caretaker relatives with income under 100% FPL, pursuant to Part 3, Section 2.2. Maine continues to offer this coverage for parent/caretakers under 100% FPL. In addition, Maine now provides coverage under Medicaid expansion to parent/caretakers with income between 100% and 133% FPL. Pursuant to 42 CFR 435.119(c) and 2.4, if a parent/caretaker relative with income between 100% and 133% FPL has a dependent child living in the home under the age of 21, the child must be receiving benefits under Medicaid, CHIP or otherwise be enrolled in minimum essential health coverage as defined in 42 CFR §435.4.
As a result of comments, the Department made some changes to improve the clarity of Part 3, Section 2.4 with regard to the parent/caretaker group distinctions. The Department also updated Part 4, Section 4 to reflect the changes made in Part 3, Section 2.4. Those changes are specifically set forth in the Summary of Comments and Responses and List of Changes to the Final Rule.
Furthermore, as a result of legal review by the Office of the Attorney General, the Department finds that it must update Part 18 of the MaineCare Eligibility Manual to add the Expansion Group to the list for hospital presumptive eligibility determinations.
Individuals who are eligible and who applied for coverage between July 2, 2018 and January 2, 2019, may be eligible for coverage back to the first day of the month of application, and if requested up to three months retroactive, but no earlier than July 2, 2018.
Finally, the Department also added reference to, “Types of countable income are described in Part 17” in various provisions in order to improve clarity of the manual.
This rule will not have an impact on municipalities or small businesses.
At the time that the proposed rule was filed, January 30, 2019, the estimated fiscal impact information was not available. As such, on February 20, 2019, the Department filed with the Secretary of State’s Office the Estimated Fiscal Impact statement for MaineCare expansion.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: April 17, 2019
OFI CONTACT PERSON: Esther Bullard, Program Manager, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
OFI WEBPAGE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 122, Grant Application and Award Procedure: Fund for the Efficient Delivery of Educational Services
ADOPTED RULE NUMBER: 2019-064 (Final adoption, major substantive)
CONCISE SUMMARY:
• Provided clarification by connecting language in rule back to Title 20-A MRS §2651
• Corrected statutory citations throughout
• Provided clarification on project design, objectives, and sustainability
• Revised programmatic criteria for evaluating grant applications
• Added budget criteria for evaluating grant applications
• Connected Priority Areas in rule back to Title 20-A MRS §2651
• Included clarification regarding consensus scoring
• Changed the method to score proposals
• Provided clarification regarding the eligibility for subsequent grants
• Corrected the Division of Purchases to the Division of Procurement Services
EFFECTIVE DATE: May 12, 2019
DOE CONTACT PERSON / RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: https://www.maine.gov/doe/home .