June 26, 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: 02 029 - Department of Professional and Financial Regulation (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 134 (Regulation 34), Credit Union Service Corporations
PROPOSED RULE NUMBER: 2019-P095
BRIEF SUMMARY: This regulation repeals and replaces the former Regulation 34 originally effective on August 21, 1996. Rulemaking is in response to Public Law 2017 ch. 143, which amended the requirements for notifying the Superintendent of investments in credit union service corporations as well as the maximum amount of such investments. The rule also updates citations in federal law that were recodified since the last promulgation of the rule.
The proposed rule may be found on the Bureau of Financial Institution’s website: http://www.maine.gov/pfr/financialinstitutions/proposedrules.htm .
Persons submitting comments on the proposed rule or seeking paper copies of the proposed rule may direct their comments or requests to the contact person.
DETAILED SUMMARY: Section 864 of Title 9-B MRS, the Maine Banking Code, authorizes state-chartered credit unions to invest in service corporations. Section 131(37) identifies specific functions in which a service corporation, whether owned by a state-chartered financial institution or a state-chartered credit union, may engage. The same section also grants the Superintendent authority to promulgate regulations granting state-chartered credit union service corporations the power to engage in any activity authorized under federal law for service corporations owned or controlled by federally-chartered credit unions. That authority is granted with the intent of maintaining competitive equality between federally-chartered and state-chartered credit unions. This regulation establishes guidelines for state-chartered credit unions’ investment in service corporations so that they can engage in activities permissible for service corporations owned by federally-chartered credit unions.
This regulation repeals and replaces the former Regulation 34 originally effective on August 21, 1996. Rulemaking is in response to Public Law 2017 ch. 143. Ch.143 amended 9-B MRS §445’s requirements for notifying the Superintendent of investments in service corporations and amended 9-B MRS §864’s limitation on the amount of such investments.
COMMENT DEADLINE: July 26, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BUREAU RULEMAKING LIAISON: David Gordon Laurendeau, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. Fax: (207) 624-8590. Email: David.G.Laurendeau@Maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No expected financial impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE:
A. 9-B MRS §111
B. 9-B MRS §131(37)
C. 9-B MRS §215
D. 9-B MRS §828
E. 9-B MRS §864
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A.
BUREAU WEBSITE: http://www.maine.gov/pfr/financialinstitutions/index.shtml .

AGENCY: 02-322 - State Board of Licensure for Professional Engineers
CHAPTER NUMBER AND TITLE: Ch. 5, Application and Licensure Fees
PROPOSED RULE NUMBER: 2019-P096
BRIEF SUMMARY: The State Board of Licensure for Professional Engineers proposes to repeal and replace Ch. 5 governing application and licensure fees. Budgetary requirements necessitate that application, licensure, renewal, and late fees be increased to meet current and future funding needs. Revisions in the professional engineering statute, 32 MRS §1251 et seq., eliminate temporary licensure, permitting an elimination of the attendant fee; and the adoption of technology allows the elimination of fees for replacement certificates.
PUBLIC HEARING: July 18, 2019 - 4:00 p.m., Olde Federal Building, 295 Water Street - First-floor conference room, Augusta, ME 04332
COMMENT DEADLINE: July 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: David Jackson, Executive Director, State Board of Licensure for Professional Engineers, 92 State House Station, Augusta, ME 04333-0092. Telephone: (207) 287-3236. Fax: (207) 287-3239. Email: David.Jackson@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities and counties who fund the licensure of professional engineers in their employ will see a cost increase of $20 per licensed professional engineer per year.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §1306 (2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: www.maine.gov/professionalengineers/ .

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 90, Physician Services
PROPOSED RULE NUMBER: 2019-P097
CONCISE SUMMARY: This rule is proposed to update and clarify existing policy language, prior authorization requirements, reimbursement criteria, service descriptions, and coverage limits. The proposed rule also adds three new covered services.
Proposed changes to the rule include the following:
1. From the Supplies and Materials category, removal of language “that may be reimbursed as separate items” to add clarity as to what is reimbursable for medical supplies and materials under this section (90.01-5). Language about supply reimbursement already exists under Medical Supplies & Durable Medical Equipment (90.04-9);
2. Addition of language setting the reimbursement for physician’s medical direction of anesthesia services at 50% of the allowance when a physician performs anesthesia services alone (90.04-1(B)) to more closely align with the Centers for Medicare and Medicaid Services’ (CMS) reimbursement methodology;
3. Clarification of the language in the policy specifying how interns, residents, and locum tenens are enrolled. They can be enrolled either under a physicians’ group or as a hospital-based professional. Language was also clarified as to how interns, residents, and locum tenens are reimbursed through MaineCare (90.04-10);
4. Removal of mileage reimbursement language as this has not been a recently reimbursable service. Retention of this language had previously been overlooked. (90.04-11);
5. Addition of two new services: Diabetes Self-Management Training Services (DSMT) (90.04-13) and Medical Nutrition Therapy Services (MNT) (90.04-14). DSMT and MNT have been linked to improved clinical outcomes. Service requirements and service limits are also included;
6. Addition of licensed dietician as an “other” professional that can work in association with Physician Services (90.04-15), and who can also provide the newly added DSMT or MNT services;
7. Addition of licensed clinical psychologists and licensed marriage and family therapists as “other” professionals practicing within the scope of their licensure that can work in association with Physician Services (90.04-15);
8. Addition of transgender services (90.05-1 A (4)) under Services Covered with Prior Authorization (PA);
9. Removal of transsexual procedures from Non-Covered Services, to allow for medical necessity standards (90.07-3);
10. The Reimbursement Rate for Drugs Administered by Other Than Oral Methods (90.09-3) has been amended to align MaineCare policy with the CMS Covered Outpatient Drug final rule by determining drug fee schedules as Average Sales Price (ASP), plus 6%, as set by Medicare Part B for Maine area “99”; and
11. Removal of the Member Satisfaction category under the Primary Care Provider Incentive Payment (90.09-4) list of incentives. The category is part of and incorporated in the Quality category and was improperly listed previously as a separate category.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, July 15, 2019 at 9:00 a.m., State of Maine Office Building, Maine B Conference Room, 109 Capitol Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 8, 2019.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on July 25, 2019.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne E. Labonte, Comprehensive Health Planner II, MaineCare Services, 109 Capitol Street - 11 State House Station. Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; 81 FR 5169; PL 111-148, Title I Sec. 1557
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 414, Required Minimum Distributions
ADOPTED RULE NUMBER: 2019-100
CONCISE 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 amendment changes the effective date to be no later than April 1 of the year in which the required beginning date occurs.
EFFECTIVE DATE: June 24, 2019
MAINEPERS CONTACT PERSON / 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 .
MAINEPERS WEBSITE: http://www.mainepers.org/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2019-101
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The 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 amendments also include some adjusted wording on an unrelated technical provision of the rule.
EFFECTIVE DATE: June 24, 2019
MAINEPERS CONTACT PERSON / 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 .
MAINEPERS WEBSITE: http://www.mainepers.org/ .

AGENCY: 01-001 - Department of Agriculture Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 270, Maine Apiary Rules and Regulations
ADOPTED RULE NUMBER: 2019-102
CONCISE SUMMARY: The purpose of the Apiary Program is to prevent the introduction and/or spread of regulated honey bee diseases, parasites, and undesirable genetic material in resident and migratory honey bee colonies, as well as encourage and maintain interstate movement of honey bees for crop pollination and honey production. Proposed changes include defining and clarifying terms within the rules, deregulating well established pests that are currently regulated, including the varroa mite and European foulbrood, adding pests and diseases of honey bees to the regulated pest list that do not currently exist in the U.S but have the potential to be very harmful to the Maine Beekeeping industry, clarifying areas of the current rule that are unclear and/or burdensome to beekeepers and increasing the apiary registration fee. The current fee schedule was first adopted in 1985 and has never been increased.
EFFECTIVE DATE: June 24, 2019
DACF CONTACT PERSON / RULEMAKING LIAISON: Shannon Ayotte, Department of Agriculture Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-5976. Email: Shannon.Ayotte@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/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. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2019-103 (Final adoption, major substantive)
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) finally adopts these major substantive rule changes to 10-144 CMR ch. 101, MaineCare Benefits Manual, C. III Section 21, “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder”, to effectuate increased reimbursement rates for 33 procedure codes pursuant to PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government.
PL 2017 ch. 459directed the Department to increase the rates for specific procedure codes in equal proportion to the funding allocated for this purpose. In addition to the rate increases required by PL 2017 ch. 459, the Department also increased the rate for a 34th procedure code, T2017 QC (Home Support, Habilitation, residential, waiver – Remote Support – Monitor only). Increasing the rate for this procedure code created consistency with the other codes, in line with the Section 21 service and reimbursement structure. These increased rates are effective retroactive to July 1, 2018.
The Department previously implemented these rule changes to effectuate reimbursement rate increases through emergency major substantive rulemaking, effective September 11, 2018, to comply with PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government. On December 16, 2018, the Department provisionally adopted the rule. Subsequently, the Department submitted the provisionally adopted rule to the Maine State Legislature for its review, in accordance with 5 MRS §8072.
The Maine State Legislature authorized final adoption of the rule. Resolves 2019 ch. 20, was signed by Governor Mills on April 30, 2019.
The final adopted rule makes the permanent changes to this rule as required by the Legislature. This final major substantive rule shall become effective thirty days after filing with the Secretary of State’s Office. 5 MRS §8072(8).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: July 20, 2019
OMS CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Office of MaineCare Services - Division of Policy, 109 Capitol 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 .