August 14, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 330, Higher Opportunity for Pathways to Employment (HOPE) Program Rules, HOPE Rule #100P
PROPOSED RULE NUMBER: 2019-P139
BRIEF SUMMARY: This rule proposes to implement state law by defining the way the HOPE Program determines program eligibility, and delivers program assistance, supports, and navigation to low-income parents and caregivers who are attending training or education programs.
PUBLIC HEARING: Tuesday, September 3, 2019 – 109 Capitol Street - Androscoggin Room, Augusta Maine – 1 p.m.
COMMENT DEADLINE: September 13, 2019
CONTACT PERSON FOR THIS FILING: Sheri Wilkens, HOPE Program Manager, Department of Health & Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04333-0011. Telephone: (207) 624-4103. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Sheri.Wilkens@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §3790-A
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2019-P140
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets (Routine Technical)
BRIEF SUMMARY: The proposed changes contain deletions that result from converting from the International Classification of Disease (ICD-9-CM) to ICD 10-CM edition Coding Manual. Adding elements that are in the current national standards which will enhance the quality of MHDO data for those using the data for analysis. Lastly, several of the changes align with the national standards. Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: September 5, 2019, at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 16, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 1683 §8704 sub-§4, and §8708
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2019-P141
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets (Routine Technical)
BRIEF SUMMARY: This proposed rule change will add data fields for the Plan Begin Date and Plan End Date, which will be used as an internal check for calculating member months. Also, field length for Type of Bill is increased to capture the billing frequency, the fields for Date of Service - From and Date of Service - Thru are remapped to the ASC X12N 837, and the specifications for several quantity and currency fields are clarified.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: September 5, 2019, at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: September 16, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 8703(1), 8704(4), 8708(6-A), and 8712(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .

ADOPTIONS

AGENCY: 14-118 - Department of Health and Human Services (DHHS), Office of Substance Abuse and Mental Health Services (SAMHS)
CHAPTER NUMBER AND TITLE: Ch. 19, Rules Governing Community-Based Drug Overdose Prevention Programs
ADOPTED RULE NUMBER: 2019-144
CONCISE SUMMARY: Pursuant to 22 MRS §2353( 4), the Department of Health and Human Services is adopting Rules Governing Community-Based Drug Overdose Prevention Program to establish policies and procedures related to the storage, dispensing, and distribution of Naloxone Hydrochloride in Community-based Agency Settings.
EFFECTIVE DATE: August 13, 2019
SAMHS CONTACT PERSON: Amy M. Heino, Department of Health and Human Services, Office of Substance Abuse and Mental Health Services, 41 Anthony Avenue - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-2535. Email: Amy.M.Heino@Maine.gov .
SAMHS WESITE: http://www.maine.gov/dhhs/samhs/osa/ .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
ADOPTED RULE NUMBER: 2019-145
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 313, Net Energy Billing (NEB), of the Commission’s rules. The amendments are intended to make the NEB rules substantively equivalent to the rules in effect on January 1, 2017, pursuant to Public Law 2019 ch. 16, An Act to Eliminate Gross Metering. The Commission is also making other, non-substantive amendments to the rule.
EFFECTIVE DATE: August 12, 2019
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 02 – Department of Professional and Financial Regulation (PFR):
02-373, Board of Licensure in Medicine, jointly with
02-383, Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 10, Sexual Misconduct
ADOPTED RULE NUMBER: 2019-146, 147
CONCISE SUMMARY: In this rulemaking the Board of Licensure in Medicine and the Board of Osteopathic Licensure adopted a joint rule regarding sexual misconduct. The joint rule: defines terms, including “key third parties”; defines sexual misconduct by physicians and physician assistants; sets forth the range of sanctions applicable to violations of the rule and identifies the factors the Boards should consider in imposing sanctions.
EFFECTIVE DATE: August 17, 2019
AGENCY CONTACT PERSONS:
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Email: Dennis.E.Smith@Maine.gov;
Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142. Telephone: (207) 287-2480. Email: Susan.E.Strout@Maine.gov .
BOARD WEBSITES:
Medicine: http://www.maine.gov/md/ .
Osteopathic: http://www.maine.gov/osteo/ .