August 5, 2020

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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-20
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P145
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: August 20, 2020, Thursday, starting at 10:30 a.m. Because of the COVID-19 Public Health Emergency and pursuant to 1 MRS §403-A, enacted by PL 2020 ch. 617 part G (eff. March 18, 2020), this hearing could be held remotely by telephonic conference. Directions on how to attend the hearing telephonically will be posted on the Milk Commission website and sent to the interested persons list in advance of June 18, 2020. If the civil emergency is not extended the meeting will be held in Room 101, Deering Building, Augusta, Maine.
COMMENT DEADLINE: August 20, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: https://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 02-031 - Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 365 (New), Standards for Independent Dispute Resolution of Emergency Medical Service Bills
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P146
BRIEF SUMMARY: The purpose of the proposed rule is to implement the Independent Dispute Resolution (IDR) process established by PL 2019 ch. 668, An Act To Protect Consumers from Surprise Emergency Medical Bills.
PUBLIC HEARING: August 26, 2020 at 1:00 p.m., from the Department of Professional and Financial Regulation, Bureau of Insurance, 76 Northern Avenue, Gardiner, ME 04345. Instructions for attending the hearing remotely will be posted on the Bureau’s website before the hearing.
COMMENT DEADLINE: 4:30 p.m., September 8, 2020, by mail or email to the Contact Person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Karma Lombard, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8540. Email: Karma.Y.Lombard@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 4303-E.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): n/a
AGENCY RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .
AGENCY WEBSITE: https://www.maine.gov/pfr/insurance/ .

AGENCY: 02-031 - Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 950 (New), Navigator Certification and Training for Health Benefit Marketplaces
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P147
BRIEF SUMMARY: The purpose of the proposed rule is to establish standards and procedures for the certification of navigators to perform the activities and duties identified in 24-A MRS §2188 and sub-§1311(i) of the federal Affordable Care Act.
PUBLIC HEARING: August 27, 2020 at 1:00 p.m., from the Department of Professional and Financial Regulation, Bureau of Insurance, 76 Northern Avenue, Gardiner, ME 04345. Instructions for attending the hearing remotely will be posted on the Bureau’s website before the hearing.
COMMENT DEADLINE: 4:30 p.m., September 8, 2020, by mail or email to the Contact Person.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Karma Lombard, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8540. Email: Karma.Y.Lombard@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 2188.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): n/a
AGENCY RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .
AGENCY WEBSITE: https://www.maine.gov/pfr/insurance/ .

AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls (including Appendix A, “Minimum Internal Controls”)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P148
CONCISE SUMMARY: The rule package replaces rules that were inadvertently removed during the last repeal process.
PUBLIC HEARING: None (written comment only)
DEADLINE FOR COMMENTS: September 4, 2020
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Milton Champion, Executive Director, Gambling Control Unit, 45 Commerce Drive - Suite 3, Augusta ME 04333-0087. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRS §1003(1)(B) & (C)
AGENCY WEBSITE: https://www.maine.gov/dps/gamb-control/ .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Certification (DLC)
CHAPTER NUMBER AND TITLE: Ch. 110, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 2020-169
CONCISE SUMMARY: This rulemaking permanently adopts measures to improve nursing home infection control, surveillance, and infection mitigation; and to improve facilities' crisis staffing plans in response to any future pandemic in Maine's skilled nursing and nursing facilities. The rule includes all provisions adopted by the emergency rulemaking effective April 28, 2020.
EFFECTIVE DATE: August 1, 2020
DLC CONTACT PERSON: Jonathan Leach, Compliance Analyst, Division of Licensing and Certification, 41 Anthony Avenue - 11 State House Station Augusta, Maine 04333-0011. Telephone: (207) 287-5825. Fax: (207) 287-9252. TTY users call Maine relay 711. Email: Jonathan.H.Leach@Maine.gov.
DLC RULEMAKING WEBSITE: https://www.maine.gov/dhhs/dlc/rulemaking/index.shtml.
DHHS WEBSITE: https://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 01-015 – Department of  Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-20
ADOPTED RULE NUMBER: 2020-170 (Emergency)
CONCISE SUMMARY: Minimum August 2020 Class I price is $23.03/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $26.37/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: August 2, 2020
MMC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
AGENCY WEBSITE: https://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 5, Tracks: Section 5, Purse Money
ADOPTED RULE NUMBER: 2020-171 (Emergency)
CONCISE SUMMARY: On July 28, the Maine State Harness Racing Commission adopted an emergency amendment to ch. 5 section 5 which defines the allocation of funds from the period of August 1, 2020 through November 1, 2020 for purpose of purse distributions.
EFFECTIVE DATE: July 31, 2020
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7568. Email: Henry.Jennings@Maine.gov .
AGENCY WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml .

AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 75, Purse Money; Section 76, Dashes; Section 85, Temporary Pandemic Fees
ADOPTED RULE NUMBER: 2020-172 (Emergency)
CONCISE SUMMARY: On July 28, the Maine State Harness Racing Commission adopted an emergency amendment to ch. 7 section 75, which allows the payment of more than 6 finish places from August 4, 2020 through November 4, 2020. Section 76 was also amended to allow for an agreement between a racing Association and the state wide association of horseman relative to purse distribution payments. An amendment to section 85 allows any association the ability to charge a COVID-19 mitigation fee not to exceed $150 with the approval of the commission.
EFFECTIVE DATE: July 31, 2020
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7568. Email: Henry.Jennings@Maine.gov .
AGENCY WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml .

AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 15 (New), Death with Dignity Act Reporting Rule
TYPE OF RULE: Major Substantive
ADOPTED RULE NUMBER: 2020-173 (Final adoption, major substantive)
CONCISE SUMMARY: The final adoption of this major substantive rule permanently implements the Maine Death with Dignity Act (“Act”), 22 MRS §2140, and the Department’s authority to collect certain data from health care providers related to patient-directed care at the end of life and to establish criteria for witnesses to patients making written requests for life-ending medications when the patients reside in long-term care facilities. Under this rule, physicians prescribing life-ending medication must submit required forms to the Department in the manner and frequency described and retain forms as part of the qualified patient’s medical record. Department-prescribed forms are available online and by request. Required data collection includes, but is not limited to, qualified patient’s written request for life-ending medication, assurances that the patient is making an informed decision regarding end-of-life care and life-ending medication, and medication prescription records. The terms of the rule are consistent with those set forth in the Act and the existing 10-146 CMR ch. 15, adopted on an emergency basis. The 129th Maine Legislature authorized the final adoption of the provisionally adopted rule, as submitted. (Resolve 2019 ch. 130.) The final adoption of this rule ensures continuousness of the established processes under the Act. (5 MRS §8072.)
EFFECTIVE DATE: August 30, 2020
MAINE CDC CONTACT PERSON: Bridget Bagley, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME, 04333-0011. Telephone: (207) 287-9394. TTY 711. Fax: (207) 287-2887. Email: Bridget.Bagley@Maine.gov .
MAINE CDC RULEMAKING WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: https://www.maine.gov/dhhs/mecdc/ .
DHHS WEBSITE: https://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.