August 14, 2024

NOTICE OF STATE RULEMAKING

PUBLIC INPUT FOR RULES  A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one.  The agency must hold a hearing if it receives 5 or more requests.  If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing. ONLINE INFORMATION Weekly notices, full text of adopted rules, and a list of agency rulemaking contacts are available at this website: https://www.maine.gov/sos/cec/rules/index.html.

PROPOSALS

AGENCY:  03-201 Maine Department of Corrections
CHAPTER NUMBER AND TITLE:  Ch. 15,  Domestic Violence Intervention Program Certification (formerly Batterer Intervention Program Certification)
TYPE OF RULE (check one): Routine Technical
PROPOSED RULE NUMBER: 2024-P246
BRIEF SUMMARY: The primary reason this rule is proposed to be repealed and replaced is to reflect the statutory name change from “batterer intervention program” to “domestic violence intervention program” and to otherwise clarify and update its provisions. 

DETAILED SUMMARY:

The following are the major differences between the proposed new rule and the current rule: 

The statutory authority reference has been changed to reflect recent legislation, and throughout the rule, the new terminology of “domestic violence intervention program” is used.  Also, definitions have been updated and clarified, and a definition of “intimate partner” has been added.  References have been added to “current intimate partner” where appropriate.

More information will be required to be included in the application for certification or renewal of certification regarding the participant population and the program format.  Provisions have been added to allow for videoconferencing as a program format even when there is no emergency.  The process for appealing from a denial of an application or a suspension or revocation of a certification has been clarified. 

Changes have been made to allow a larger class size, to require both a female and a male co-educator in most instances (with the possibility of a waiver of this requirement), and to shorten the timeline for completion of training.  Fees for participation will be allowed but no longer required.  The provisions relating to hiring criteria have been revised. 

When programs are required to contact victims has been spelled out (under the current rule, contact is not to be initiated by programs), as has the information they are to provide when either a program contacts a victim or vice versa.  Provisions concerning safety and confidentiality, as well as duty to warn, have been clarified and updated.

The program discharge and re-admission provisions have been clarified.  The section on what does not qualify as a certified program has been added to.

Copies of the proposed rule are available upon request by contacting the Department contact person identified below or on the Department of Corrections website at https://www.maine.gov/corrections/policies.  Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail, or fax to the contact person before the end of the comment period or by submitting a comment on the above website.  To ensure the comments are considered, they must include the name of the commenter and the organization represented, if any.

PUBLIC HEARING (if any): None
COMMENT DEADLINE:  September 16, 2024
CONTACT PERSON FOR THIS FILING: Mary Lucia; Department of Corrections;111 SHS, Augusta ME 04333; Phone: (207) 530-0983; Fax: (207) 287-4370; mary.a.lucia@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  None
STATUTORY AUTHORITY FOR THIS RULE:  19-A M.R.S.A.  4116
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: https://www.maine.gov/corrections/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: mary.a.lucia@maine.gov

AGENCY: 90-590 Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Chapter 800:  Uniform Reporting of Wholesale Acquisition Costs for Insulin (Major Substantive rule)
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2024-P247
BRIEF SUMMARY: This rule is being proposed to implement the requirements in Public Law 2023, chapter 610, specifically Title 22, MRSA   8732, sub- 3.
PUBLIC HEARING (if any): September 5, 2024, at 9:00 A.M. (Remote only**)

**Please note:  This public hearing will be held virtually. To attend via zoom, select the link below or
call the number provided to attend via conference call. 

Zoom meeting link:
https://mainestate.zoom.us/j/88075984374?pwd=Qmt1Qys1QmYxOUZsQUlNMzhEMG8wQT09
Call in number: 646 876 9923
Meeting ID: 880 7598 4374
Passcode:  13081540

COMMENT DEADLINE: September 16, 2024, at 5:00 P.M.
CONTACT PERSON FOR THIS FILING:
Debra Dodge, Health Planner
Maine Health Data Organization
151 Capitol Street
102 State House Station
Augusta, ME  04333-0102
287-6724, debra.j.dodge@maine.gov

CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.   8703(1), 8704(1),8705-A, 8731, 8732, 8733, 8734, 8735 and 8737.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://mhdo.maine.gov/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: debra.j.dodge@maine.gov

AGENCY:  90-590:  Maine Health Data Organization
CHAPTER NUMBER AND TITLE:  Chapter 100: Enforcement Procedures (Major Substantive Rule)
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2024-P248
BRIEF SUMMARY: The proposed rule changes are to ensure compliance with new rules 90-590 C.M.R. Chapters 340 and 800.
PUBLIC HEARING (if any):   September 5, 2024, at 9:00 A.M. (Remote only)

Please note:  This public hearing will be held virtually. To attend via zoom, select the link below or call
the number provided to attend via conference call. 

Zoom meeting link:
https://mainestate.zoom.us/j/88075984374?pwd=Qmt1Qys1QmYxOUZsQUlNMzhEMG8wQT09
Call in number:  646 876 9923
Meeting ID: 880 7598 4374
Passcode: 13081540   

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 287-6722.
COMMENT DEADLINE: September 16, 2024, at 5:00 P.M.
CONTACT PERSON FOR THIS FILING:
Debra Dodge, Health Planner
Maine Health Data Organization
151 Capitol Street, 102 State House Station
Augusta, ME  04333, Telephone 287-6724, FAX 287-6732 debra.j.dodge@maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any).  This rule will not have a fiscal impact on
municipalities, counties, or small businesses.
STATUTORY AUTHORITY FOR THIS RULE:  22 M.R.S.    1728, 8705-A, 8735 and 24-A M.R.S.  6951
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  debra.j.dodge@maine.gov

AGENCY: 10-144 Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 333; Low Cost Drugs for the Elderly and Disabled (DEL) Eligibility Manual
MC Rule #309 – DEL Updates

TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P249
BRIEF SUMMARY: The proposed rule change would update Section 2, APPLICATION PROCESS, consistent with a legislative change to 22 M.R.S.   3174-LLL made by P.L. 2023, ch. 412.
PUBLIC HEARING (if any): No public hearing is scheduled.
COMMENT DEADLINE: Monday, September 16. 2024, at 5:00 p.m. E.T.
Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.
CONTACT PERSON FOR THIS FILING:
Adam Hooper, MaineCare Program Manager
Department of Health and Human Services
Office for Family Independence
109 Capitol Street
Augusta, ME 04330-6841
Phone: (207) 624-4178/Fax: (207) 287-3455
TT Users Call Maine Relay – 711
Adam.Hooper@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.   42(1) and (8); 254-D, 3174-LLL
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dhhs/ofi
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Emily.A.Cathcart@maine.gov

AGENCY: 13-188-Department of Marine Resources
CHAPTER NUMBER AND TITLE: Chapter 34; Recreational Measures for Cod and Haddock
TYPE OF RULE (check one): Routine Technical
PROPOSED RULE NUMBER: 2024-P250
BRIEF SUMMARY:
On July 27, 2024, DMR adopted an emergency rule to align state recreational fishing regulations for Gulf of Maine cod and haddock with those adopted by NOAA Fisheries in federal waters. DMR is proposing to adopt the emergency rule as part of its regular rules. Consistent with the existing emergency rule, this proposal would maintain the existing season and bag limit for cod but modify the size limit to 23 inches. For haddock, the rulemaking maintains the season but standardizes recreational measures across sectors with a 15 fish possession limit and a minimum size of 18 inches.
PUBLIC HEARING (if any): None scheduled
COMMENT DEADLINE:  September 13, 2024
CONTACT PERSON FOR THIS FILING:
NAME: Deirdre Gilbert
MAILING ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
E-MAIL: dmr.rulemaking@maine.gov
TELEPHONE: 207-624-6553
FAX: 207-624-6024
TTY: 207-624-6500 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact 207-624-6553.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): Same
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS 6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same
AGENCY WEBSITE: https://www.maine.gov/dmr/rules-enforcement
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: dmr.rulemaking@maine.gov

ADOPTIONS

AGENCY: 94-592 Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE:  Chapter 701 Small Enterprise Growth Program
ADOPTED RULE NUMBER: 2024-175

CONCISE SUMMARY:

This amendment incorporates legislative changes to the statute governing the Program made by P.L. 2021, Chapter 502, adding the ability of the Board to invest in qualifying venture funds, in addition to qualifying businesses, and establishes the terms and conditions of such fund investments, as well as making other clarifying changes to the Rule.

EFFECTIVE DATE: Sunday, August 11, 2024

AGENCY CONTACT PERSON: Christopher Roney
AGENCY NAME:  Small Enterprise Growth Board
ADDRESS: c/o Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949
TELEPHONE: (207) 620-3520

AGENCY:  18-125 Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE:  18-125 CMR 806 – Nonresident Individual Income Tax
ADOPTED RULE NUMBER: 2024-176

CONCISE SUMMARY:

Maine Revenue Services is proposing to amend Rule 806 (“Nonresident Individual Income Tax”) to repeal the provision that relates to income from an entity with a permanent business presence in Maine that currently appears in the section of the rule relating to the nonresident individual minimum taxability thresholds.  Income from an entity with a permanent business presence in Maine is not an amount subject to the minimum taxability thresholds contained in 36 M.R.S. 5142(8-B).  Repealing the provision will align the rule with Maine law and add clarity regarding the application of the taxability thresholds to business income. The rule also proposes related technical changes for consistency and makes other changes for clarity.

EFFECTIVE DATE: Sunday, August 18, 2024

AGENCY CONTACT PERSON: Alex Weber, General Counsel
AGENCY NAME: Maine Revenue Services
ADDRESS: 24 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-9712

AGENCY:  94-089 Maine Historic Preservation Commission
CHAPTER NUMBER AND TITLE:  810 Maine Historic Restoration Standards
ADOPTED RULE NUMBER: 2024-177

CONCISE SUMMARY:

This action repeals the rule.

EFFECTIVE DATE: Tuesday, August 13, 2024

AGENCY CONTACT PERSON:  Kirk F. Mohney
AGENCY NAME:  Maine Historic Preservation Commission
ADDRESS:  55 Capitol Street, 65 SHS, Augusta, ME  04333-0067
TELEPHONE:  207-287-3811

AGENCY:  94-089 Maine Historic Preservation Commission
CHAPTER NUMBER AND TITLE:  811 Historic Property Preservation and Restoration Grants
ADOPTED RULE NUMBER: 2024-178

CONCISE SUMMARY:

This action amends the rule to make it consistent with recent amendments to 27 MRSA  505.D in PL 2023, c. 9,  1.  The amended rule would also accommodate the provisions of the bond authorized by PL  2023, c. 653, should it be approved by voters.

EFFECTIVE DATE: Tuesday, August 13, 2024

AGENCY CONTACT PERSON:  Kirk F. Mohney
AGENCY NAME:  Maine Historic Preservation Commission
ADDRESS:  55 Capitol Street, 65 SHS, Augusta, ME  04333-0067
TELEPHONE:  207-287-3811

AGENCY: 10-144 Department of Health and Human Services, MaineCare Services

CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter III, Section 45, Principles of Reimbursement for Hospital Services
ADOPTED RULE NUMBER: 2024-179

CONCISE SUMMARY:  

EMERGENCY RULE

The Department of Health and Human Services adopts these emergency rule changes in 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter III, Section 45, Principles of Reimbursement for Hospital Services.

The Department’s principal purpose of this emergency rulemaking is to establish new reimbursement methodology for Acute Care and Rehabilitation Hospitals, with the exception of Distinct Psychiatric and Substance Use Disorder Unit services for which the Department recently implemented a new reimbursement methodology.

In compliance with 22 M.R.S. Sec. 3173-J(2), the Department conducted a rate determination process: a Rate Determination Initiation Notice was issued on June 23, 2023. MaineCare presented the draft reimbursement methodology and definitions to providers and interested stakeholders on December 11, 2023; February 16, 2024; and June 11, 2024. The Department accepted public comments through June 25, 2024 and responded in writing to comments with an explanation of whether and how feedback was incorporated into the final reimbursement methodology and rates.

These changes include improved alignment with Medicare, greater consistency in reimbursement methodology across hospitals, and ensuring that reimbursement for services better reflects patient acuity. The Department adopts methodology which aligns reimbursement for facilities with similar delivery systems and cost structures, recognizing three distinct hospital peer groups that recognize distinct Maine Base Rates for inpatient services: Acute Care Non-Critical Access, Non-State Government Owned, and Rehabilitation. The Department’s updated methodology introduces mechanisms to keep pace with inflation and improve the relationship between the quality of service outcomes and payment.

 

The Department shall submit to the Centers for Medicare & Medicaid Services, and anticipates approval, for State Plan Amendments related to these provisions. 
Some of the rule changes have a retroactive application date of July 1, 2024, and the rule indicates the July 1, 2024 effective date for those provisions.  The Department certifies that the retroactive changes comply with, and thus are authorized by, 22 M.R.S. Sec. 42(8). 

 

Findings of Emergency:

The Maine Legislature granted the Department of Health and Human Services authority to adopt emergency rules under 5 M.R.S. Sec. 8054, if determined necessary by the Department to implement those provision of the Supplemental Budget Act over which the Department has subject matter jurisdiction, without the requirement that it demonstrate that immediate adoption is necessary to avoid a threat to public health, safety or general welfare. P.L. 2023, ch. 643, PART VV, Sec. VV-1.  The Department has determined that it is necessary to adopt this emergency rule to implement provisions of the Supplemental Budget Act regarding hospital reimbursement set forth in PART A, Sec. A-14. 

Pursuant to 5 M.R.S  8054, this emergency rule may be effective for up to ninety (90) days. The Department shall proceed with routine technical rulemaking to permanently adopt these rule changes.

See http://www.maine.gov/dhhs/oms/rules/index.shtml  for rules and related rulemaking documents.

EFFECTIVE DATE: Friday, August 9, 2024

STATUTORY AUTHORITY: 5 M.R.S.   8054; 22 M.R.S.    42, 3173-J; P.L. 2023, ch. 643.
AGENCY CONTACT PERSON: Julieanna Scott, Comprehensive Health Planner II
AGENCY NAME: MaineCare Services
ADDRESS:  109 Capitol Street,11 State House Station, Augusta, Maine 04333-0011
EMAIL: julieanna.scott@maine.gov
TELEPHONE: 207-287-2286 FAX: (207) 287-6106; TTY: 711 (Deaf or Hard of Hearing)