October 30, 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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 584, Surface Water Quality Criteria for Toxic Pollutants
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P180 (3rd publication - new hearing location)
BRIEF SUMMARY: The Department is proposing to amend the existing Ch. 584: Surface Water Quality Criteria for Toxic Pollutants. This rule establishes ambient water quality criteria for toxic pollutants in the surface waters of the State and sets forth procedures that may be used to determine alternative statewide criteria or site-specific criteria adopted as part of a licensing proceeding. The purpose of the rulemaking proposal is to implement Human Health Criteria based on updates to 38 MRS §466 sub-§10-A for the designated use of sustenance fishing, institute water effect ratios (WERs) for the Androscoggin and St. Croix rivers, as well as promulgate new ambient water quality criteria (AWQC) for copper in the Little Androscoggin River based on the Biotic Ligand Model (BLM), and introduce carbaryl in the non-priority pollutant list. The proposal also updates AWQC for human health using methodology from the U.S. Environmental Protection Agency (USEPA) Human Health Ambient Water Quality Criteria 2015 update.
PUBLIC HEARING: November 21, 2019 - 9:00 a.m., Calumet Club, 334 West River Road, Augusta
COMMENT DEADLINE: December 6, 2019 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Cindy Dionne, Maine DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7823. Fax: (207) 287-3435. Email: Cindy.L.Dionne@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact on municipalities or counties is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 341-H, 420, 464(5); Public Law 2019 ch. 463.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/.
DEP WEBSITE: http://www.maine.gov/dep/rules/
DEP RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov.

AGENCY: 02-297 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Chiropractic Licensure
CHAPTER NUMBERS AND TITLES:
Ch. 3, Licensure Requirements for Chiropractic Doctors (Repeal)
Ch. 3-A, Licensure Requirement for Chiropractic Doctors and Temporary Chiropractic Intern (New)
Ch. 9, Fees (Repeal)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBERS: 2019-P239, P240, P241
BRIEF SUMMARY: The Board of Chiropractic Licensure proposes to repeal Ch. 3 and proposes a new chapter for licensing chiropractic doctors and chiropractic interns. The sections 1 and 2 proposes a new streamlined method for licensing chiropractic doctors and accepts fully the NBCE examination that an applicant by endorsement took at time of original licensure in the State of jurisdiction. Section 3 proposes requirements to implement the licensing of chiropractic interns pursuant to 2019 PL ch. 37 that took effect on September 19, 2019. Ch. 9 Fees is an obsolete rule and is proposed for repeal as fees are set by the Director of the Office of Professional and Occupational Regulation.
PUBLIC HEARING: November 19, 2019 - 9:00 a.m., Maine Department of Professional and Financial Regulation, Gardiner Annex, 76 Northern Ave., Gardiner ME
COMMENT DEADLINE: November 29, 2019 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Maine Board of Chiropractic Licensure – Geraldine Betts, 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 §§ 502, 551, 552, 564
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None.
OPOR WEBSITE: http://www.maine.gov/professionallicensing/.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Maine Food Supplement Program, FS #210P (ABAWD Geographic Exemption): Alpha Index, Table of Contents, FS 111-7, FS 999-2
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P242
BRIEF SUMMARY: The Federal Supplemental Nutrition Assistance Program (SNAP) regulations, administered in Maine as the Food Supplement Program, provide that certain able-bodied adults without dependents (ABAWDs) are subject to a maximum of three months of benefits over a 36-month period, unless they work 20 hours or more per week (averaged monthly) or participate in and comply with requirements of a work program. Individuals who reside in certain geographic areas can qualify for an exception to this time limit under 7 CFR §273.24(f).
The Department proposes to waive these work requirements for certain ABAWDs residing in geographic areas that have unemployment rates at or above 10% or have insufficient jobs for recipients residing in those areas. The geographic areas include 247 qualifying cities, towns, unorganized territories, townships, and reservations that qualify individually or as part of a federally defined labor market area. Upon adoption of these rules, ABAWDs residing in those areas will no longer have to meet the work requirements to receive Food Supplement benefits.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: November 30, 2019
CONTACT PERSON FOR THIS FILING: Patricia Dushuttle, Special Projects Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street, Augusta, ME 04330-6841. Telephone: (207) 624-6907. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Patricia.Dushuttle@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42(1), 7 CFR §273.24(f)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF); TANF #113P (TANF Max Benefit 2019): Appendices
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P243
BRIEF SUMMARY: This rule increases the TANF maximum benefit by 2.8% and makes related changes to the standard of need pursuant to 22 MRS §3769-C(1)(D).
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: November 30, 2019
CONTACT PERSON FOR THIS FILING: Alexandria Lauritzen, TANF Program Manager, Office for Family Independence, Department of Health & Human Services, 109 Capitol Street, Augusta, ME 04333. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Alexandria.Lauritzen@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3769-C(D)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 12-179 – Department of Labor (DOL), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 6, Recording Occupational Injuries and Illnesses in the Public Sector
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P244
BRIEF SUMMARY: The purpose of this chapter is to incorporate by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1904, amended as of September 5, 2019. This rescinds the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301. These establishments will continue to be required to maintain those records on-site.
PUBLIC HEARING: None, unless requested pursuant to 5 MRS §8052(1)
COMMENT DEADLINE: November 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, Maine 04333-0054. Telephone: (207) 626-6232. Email: Isaac.H.Gingras@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
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: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P245
BRIEF SUMMARY: Pursuant to PL 2019 ch. 470, this proposed rule change adds prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers to the list of health care services entities required to pay annual assessments to support the operational costs of the Maine Health Data Organization.
There is no fiscal impact on state municipalities, counties or businesses. 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: November 21, 2019 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 2, 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 §§ 8704 sub-§4, 8706 sub-§2, and PL 2019 ch. 470.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/.

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 100, Enforcement Procedures
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P246
BRIEF SUMMARY: Pursuant to PL 2019 ch. 470, this proposed rule change adds prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers to the list of health care services entities who may be fined for failure to file prescription drug price data; failure to pay the annual assessment; and for intentional or knowing failure to protect the disclosure of confidential or privileged data.
This rule will not have a fiscal impact on municipalities, counties or small businesses. 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: November 21, 2019 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 2, 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 §8705-A; and PL 2019 ch. 470
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/.

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 300, Uniform Reporting System for Hospital Financial Data
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P247
BRIEF SUMMARY: This proposed rule change will add the requirement that hospitals and parent entities be required to submit consolidated financial data along with organizational information. This change will provide greater transparency to the public into the finances of the hospital and parent entities.
There is no fiscal impact on state municipalities, counties or businesses.  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: November 21, 2019 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 2, 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, 8709
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/.

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 570, Uniform Reporting System for Prescription Drug Price Data Sets
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P248
BRIEF SUMMARY: PL 2019 ch. 470, “An Act to Further Expand Drug Price Transparency” requires prescription drug manufacturers to report to the Maine Health Data Organization no later than January 30, 2020 and annually thereafter, on prescription drug prices when the manufacturer has during the prior calendar year increased the wholesale acquisition cost of a brand-name drug by more than 20% per pricing unit, increased the wholesale acquisition cost of a generic drug that costs at least $10 per pricing unit by more than 20 % per pricing unit or introduced a new drug for distribution in this State when the wholesale acquisition cost is greater than the amount that would cause the drug to be considered a specialty drug under the Medicare Part D program.
Prescription drug manufacturers, wholesale drug distributors and pharmacy benefits managers are also required to provide pricing component data per pricing unit of a drug within 60 days of a request by the Maine Health Data Organization. This rule defines “pricing component data” as data unique to each manufacturer, wholesale drug distributor or pharmacy benefit manager that evidences the cost to make a prescription drug available to consumers and the payments received by each manufacturer, wholesale drug distributor or pharmacy benefit manager to make a prescription drug available to consumers, taking into account any price concessions, that is measured uniformly among and between the entities.
This rule will not have a fiscal impact on municipalities, counties or small businesses. 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: November 21, 2019 - 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: December 2, 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(1), 8705-A and 8705-A(3), 8731, 8732, 8733, 8734, 8735, 8737
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .

ADOPTIONS

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch 1, Fee Schedules for Plans Examination
ADOPTED RULE NUMBER: 2019-181
CONCISE SUMMARY: This adopted rule updates the fee schedule for the review of plans of construction, reconstruction, repairs and renovations so they reflect the fee structure listed in Maine statute 25 MRS §2450.
EFFECTIVE DATE: October 28, 2019
AGENCY CONTACT PERSON: Michelle Mason Webber, Sr. Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FIRE MARSHAL WEBSITE: http://www.maine.gov/dps/fmo/.
FIRE MARSHAL RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 7
ADOPTED RULE NUMBER: 2019-182
CONCISE SUMMARY: The Amendment changes calculation of maximum insurance available, from a fixed percentage of capital a limit set by board credit policy, within statutory limits. The Amendment also increases maximum leveraged insurance available from $2.5 million per borrower to $3 million. Finally, the Amendment allows the Chief Executive Officer (rather than the board) to waive personal guaranty requirements for loans when FAME's exposure is less than $500,000, if other requirements are met.
EFFECTIVE DATE: October 29, 2019
FAME CONTACT PERSON / RULEMAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. Email: croney@famemaine.com.
FAME WEBSITE: https://www.famemaine.com/.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2019-183
CONCISE SUMMARY: These rules are adopted to comply with PL 2017 ch. 454, An Act to Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities.
The Department adopts these rules with the following changes:
Chapter II: In Section 45.07-3(2), the Department updated a reference so that referrals are made to the Office for Family Independence, instead of the Office of Integrated Access and Support, which is outdated.
Chapter III: Section 45.02-8 is added and adopted to comply with PL 2017 ch. 454, An Act to Require Reimbursement to Hospitals for Patients Awaiting Placement in Nursing Facilities. The Act requires the Department to reimburse hospitals other than critical access hospitals, beginning January 1, 2019, for each day after the 10th day that a MaineCare eligible member is in the care of the hospital while awaiting placement in a nursing facility. The Department will reimburse at the statewide average rate per MaineCare member day for nursing facility services. The statewide average rate will be computed based on the simple average nursing facility rate per MaineCare member day for the applicable state fiscal year or years prorated for the hospital’s fiscal year. Reimbursement for days awaiting placement pursuant to this section is limited to a maximum of $500,000 of combined state General Fund funds and federal funds for each year. The Department will reimburse quarterly by order of claim date. In the event the cap is expected to be exceeded in any quarter, reimbursement in that quarter will be paid out proportionately, and a notification of total funds expended for that year will be sent out to providers. The Act further requires this law be repealed on December 31, 2023. Note that the proposed rule provided that this reimbursement be provided to acute care non-critical access hospitals only. The final rule comports with PL 2017 ch. 454, and ensures that this reimbursement be provided to “hospitals other than critical access hospitals.”
The Department is seeking and anticipates receiving CMS approval for this change effective January 1, 2019. Pending approval, the change will be effective retroactive January 1, 2019.
Additionally, Section 45.03-1(D)(3) identifies the modifier used when identifying non-excepted items and services provided by PBDs as the “PN” modifier. The identification was made to distinguish the “PN” modifier from the new “PO” modifier.
Changes to the ICD-10 codes that had been proposed in Ch. III Appendix B, have been removed from the adopted rule. The Department is delaying this change to allow providers the one-year billing grace period outlined in Ch. I Section 1, of the MaineCare Benefits Manual to help prevent any billing issues in association with these changes. The changes that were proposed will be addressed in a future rulemaking.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 28, 2019
OMS CONTACT PERSON FOR THIS RULE: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 109 Capitol 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/.
OMS RULEMAKING LIAISON: Thomas.Leet@Maine.gov.
DHHS WEBSITE: http://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.