October 23, 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:  29-250 Department of Secretary of State, Bureau of Corporations, Elections, and Commissions
CHAPTER NUMBER AND TITLE:  Ch. 505, Voter List Maintenance Procedures
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P292
BRIEF SUMMARY: This rule was proposed by a private citizen in a petition signed by 150 or more registered voters.  Under 5 M.R.S. Sec. 8055, the Department of Secretary of State is required to initiate rulemaking proceedings and invite public comment on the proposed rule.  The proposed rule would repeal and replace the current rule governing maintenance of voter registration records under the National Voter Registration Act of 1993.  The proposed rule would impose on municipal registrars new and modified requirements relating to voter list maintenance and the cancelation of ineligible voters.  The rule would also create new standards for registrars to determine whether persons seeking to register to vote are qualified voters.  If adopted by the agency, the rule would become effective sometime after the November 2024 general election.
PUBLIC HEARING: None
COMMENT DEADLINE: December 15, 2024
CONTACT PERSON FOR THIS FILING: Melissa Packard, Director of Elections, Bureau of CEC, 184 State House Station Augusta, Maine 04333-0184. Telephone: (207) 624-7736. E-mail: Melissa.Packard@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT:  N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposed rule would require municipalities to pay the costs of mass confirmation mailings to voters, which must occur at least once every five years.  Currently, the Department of Secretary of State conducts these mailings and pays the costs of them.  Cost would vary depending on the size of the municipality and the selection criteria used for the mailings.  Municipalities would also be responsible for litigation costs arising from any legal challenge under the National Voter Registration Act of 1993 to their administration of the required list-maintenance program.
STATUTORY AUTHORITY FOR THIS RULE:  None specified.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 21-A M.R.S. ch. 3; National Voter Registration Act of 1993, 52 U.S.C. Sec. 20501–20511.
AGENCY WEBSITE: https://www.maine.gov/sos/cec/elec/index.html

EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Dorothy.Canelli@Maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE: Chapter 1, Maine Uniform Building and Energy Code – Administrative Procedures
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P293
BRIEF SUMMARY: Chapter 1 is an administrative chapter that clarifies who needs to enforce the MUBEC, and what codes make up the MUBEC.  It also establishes the amendment procedure to the MUBEC. The rule contains several critical definitions as required by Statute to clarify the MUBEC.  As directed by the legislature this rule makes previously optional standards part of the code and adds one new code.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day,  Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station,  Augusta, ME 04333-0052 207-626-3888,  Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/home

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE: Chapter 2, Maine Uniform Building and Energy Code – Third Party Inspectors (“TPI”)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P294
BRIEF SUMMARY: A municipality or Applicant may choose to engage a Third-Party Inspector (TPI) to review Construction Documents and inspect construction to ensure compliance with certain components of the MUBEC. In order to perform the duties enumerated in this rule for compensation, a TPI must be certified by the Maine Department of Public Safety, Office of State Fire Marshal. The specific inspection services under 30-A M.R.S.  4451 for compliance with the MUBEC is to be provided by the TPI and the level of remuneration shall be defined in a private written agreement signed by the TPI and the municipality, Applicant, or Client.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3886, Gregory.J.Day@maine.gov

CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal, Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE:  Chapter 3: MAINE UNIFORM BUILDING AND ENERGY CODE - COMMERCIAL BUILDING CODE OF MAINE
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P295
BRIEF SUMMARY: This chapter establishes the Commercial Building Code component of the Maine Uniform Building and Energy Code “MUBEC.” The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Statewide Commercial Building code by local building officials.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board

CHAPTER NUMBER AND TITLE: Chapter 4, Maine Uniform Building and Energy Code– Existing Building Code  
TYPE OF RULE: Routine Technical 
PROPOSED RULE NUMBER: 2024-P296
BRIEF SUMMARY: This chapter establishes the Existing Building code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a.
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.E.Taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE:  Chapter 5 MAINE UNIFORM BUILDING AND ENERGY CODE – RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P297
BRIEF SUMMARY: This chapter establishes the Residential Building Code for One and Two-Family Dwellings component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE: Chapter 6, Maine Uniform Building and Energy Code
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P298
BRIEF SUMMARY: All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to adopt, amend, and maintain the Maine Uniform Building and Energy Code.
 
This chapter sets forth the regulation of the design and construction of buildings for the effective use of energy and is applicable to both residential and commercial buildings.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board
CHAPTER NUMBER AND TITLE:  Chapter 7 MAINE UNIFORM BUILDING AND ENERGY CODE – MECHANICAL CODE
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P299
BRIEF SUMMARY: This chapter establishes the Mechanical Code component of the Maine Uniform Building and Energy Code “MUBEC”. The provisions of this chapter are based on a nationally recognized model codes and Standards.
PUBLIC HEARING: n/a
COMMENT DEADLINE: November 29, 2024
CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Richard.e.taylor@maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 10 M.R.S. Sec. 9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY WEBSITE: https://www.maine.gov/dps/fmo/
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Richard.e.taylor@maine.gov

AGENCY: 01-669 Department of Agriculture, Conservation and Forestry, Bureau of Forestry
CHAPTER NUMBER AND TITLE: 27, Standards for Timber Harvesting and Timber Harvesting Related Activities Within Unorganized and Deorganized Areas of The State
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2024-P300
BRIEF SUMMARY: Maine Forest Service rule Chapter 27 is being amended to be consistent and remove duplication with Maine Forest Service rule Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas.
PUBLIC HEARING: November 13, 2024 at 9:00 a.m., Online (Teams) and in person at the Maine Forest Service Regional Office (Bolton Hill facility) at 2870 North Belfast Avenue, Augusta.
COMMENT DEADLINE: November 23, 2024
CONTACT PERSON FOR THIS FILING:
Morten Moesswilde  morten.moesswilde@maine.gov  Phone: 207-287-4906
Maine Forest Service, 22 State House Station, Augusta, ME  04333-0022
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 M.R.S. Secs. 8867-D and 8867-E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: https://www.maine.gov/dacf/mfs/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Shannon.Ayotte@maine.gov

AGENCY: 10-144 Department of Health and Human Services, Division of Licensing and Certification
CHAPTER NUMBER AND TITLE: 10-144 CMR Ch. 113, Assisted Housing Programs Licensing Rule

TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2024-P301
BRIEF SUMMARY:
This rulemaking repeals and replaces the current rule in force, 10-144 CMR Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs. The rule in force consists of ten parts, governing Assisted Living programs, four levels of Residential Care Facilities, four levels of Private Non-Medical Institutions, and Infection Prevention and Control. The proposed rule replaces those ten parts with two parts, Part A, Assisted Living Programs, and Part B, Residential Care Facilities. This simplified structure is designed to improve licensee understanding of and compliance with the rule and reflects revisions to 22 MRS  7852 enacted by PL 2023 c. 176. The provisions of the proposed rule have been updated to reflect current best practices in assisted housing.

PUBLIC HEARING: 11/13/24 from 9 am-12 pm at 109 Capitol St, Augusta, ME and via Zoom at: https://mainestate.zoom.us/meeting/register/tZcsf-uvrDgvHdT-qLmxrTNRz86dvjMkQJmt
COMMENT DEADLINE: 11/23/24 at 5 pm.
CONTACT PERSON FOR THIS FILING:
Jonathan Leach
Division of Licensing and Certification
11 SHS
41 Anthony Ave., Augusta, ME 04330
Jonathan.h.leach@maine.gov

Phone: (207) 287-5825; Fax: (207) 287-5807; TTY: Maine Relay 711

CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Same
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This rulemaking will have no financial impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2007, Chapter 324 (5) (6) (7) (11).  [routine technical rule]; 22 M.R.S. Chapters 1661, 1663,1664, 1666 and 1666-B; and 22 M.R.S.   42 and   3173
22-A M.R.S.  205(2)

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 22 M.R.S. Chapters 1661, 1663,1664, 1666 and 1666-B
AGENCY WEBSITE: https://www.maine.gov/dhhs/about/rulemaking
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Emily.a.cathcart@maine.gov

ADOPTIONS

AGENCY: 16-163 Department of Public Safety, Emergency Medical Services Board (Maine EMS)
CHAPTER NUMBER AND TITLE: Chapter 26: Community Grant Program
ADOPTED RULE NUMBER: 2024-236

CONCISE SUMMARY:

The Emergency Medical Services Board (“Board”) is required under 32 M.R.S.  97(4) to adopt rules establishing a grant application and selection process to award funds to municipalities or group(s) of municipalities for the review and consideration of the provision of effective and efficient emergency medical services. The Board has adopted rules that address the administration of the grant program, including the application process and requirements; evaluation criteria; evaluation/review process; and the reporting required of a recipient of funding. 

EFFECTIVE DATE: Wednesday, October 16, 2024

AGENCY CONTACT PERSON: Jason J. Cooney, Licensing Agent
AGENCY NAME: Emergency Medical Services Board (Maine EMS)
ADDRESS: 152 State House Station, Augusta, ME 04333-0152

TELEPHONE: 207-626-3864

AGENCY: 01-026 Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Chapter 31, Certification and Licensing Provisions/Commercial Applicators
ADOPTED RULE NUMBER: 2024-237

CONCISE SUMMARY:

  The proposed amendments are in response to EPA’s certification of Maine’s Pesticide Certification and Training Plan. The plan requires states to align their rules, regulations, and practices with recent updates to EPA’s rules. This includes changing the titles of certain categories, incorporation by reference of descriptions and competency standards, and adding language to categories to ensure that descriptions align with EPA. These rules must be amended for EPA to fully accept Maine’s plan and for BPC to remain as Maine’s state lead agency regulating pesticides.

Chapter 31: Seven amendments are proposed:

  1. Incorporation by reference of 40 CFR 171.201, which adds federal standards for direct supervision of non-certified applicators supervised by commercial applicators.
  2. Addition of the word “soil” to option III of the  1B “Agricultural Plant” category, this clarifies that this category is for soil fumigation and aligns it with the federal category “Agricultural Crop Pest Control”.
  3. Addition of “maintenance of public roads” to the description for category 6A and B “Vegetation Management”.
  4. Incorporation by reference of 40 CFR 171.103(d)(13) and 40 CFR 171.103(c)(1-10) (2023), which adds federal competency standards for option III of 1B “Agricultural Plant” category related to soil fumigation.
  5. Incorporation by reference of 40 CFR 171.103(d)(14) and 40 CFR 171.103(c)(1-10) (2023), which adds federal competency standards for the 7B category, “Industrial, Institutional, Structural and Health Related Pest – Fumigation” category related to non-soil fumigation.
  6. Incorporation by reference of  40 CFR 171.103(d)(15) and 40 CFR 171.103(c)(1-10) (2023), which adds federal competency standards for the 11 category, “Aerial Pest Control” related to aerial application of pesticides.
  7. Additional breakouts of competency standard subcategories for 1B “Agricultural Plant” and 6A “Vegetation Management” to clarify the competency standards for each subcategory.

EFFECTIVE DATE: Monday, October 21, 2024

AGENCY CONTACT PERSON: Alexander Peacock
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 SHS, Augusta, ME 04333

TELEPHONE: 287-2731

AGENCY: 01-026 Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Chapter 32, Certification and Licensing Provisions for Private Applicators
ADOPTED RULE NUMBER: 2024-238

CONCISE SUMMARY:

The proposed rule amendments were sought to address changes to Maine’s pesticide certification and training program plan. This plan was accepted by EPA on August 18, 2023 under the condition that certain sections of rule would be amended to align with federal standards. In order for EPA to accept Maine’s plan, Maine must incorporate several changes to reference sections of federal rule, align descriptions with federal rule, and breakout sections of subcategories to clarify competency standards.

Chapter 32: Five amendments are proposed:

  1. Incorporation by reference of 40 CFR 171.201 and 40 CFR 171.105(a) (1)-(11), which adds federal standards for direct supervision of non-certified applicators supervised by private applicators.
  2. Incorporation by reference of  40 CFR 171.105(d) (2023) to (a) Soil Fumigation, which adds federal standards for private applicators under the soil fumigation category.
  3. Incorporation by reference of 40 CFR 171.105(e) (2023) to (b) Non-Soil Fumigation, which adds federal standards for private applicators under the non-soil fumigation category.
  4. Incorporation by reference of 40 CFR 171.105(f) (2023) to (c) Aerial, which adds federal standards for private applicators under the aerial category.
  5. Updating the date for federal standards referenced from (2017) to (2023) under Chapter 32 (5)(a)-(c).

EFFECTIVE DATE: Monday, October 21, 2024

AGENCY CONTACT PERSON: Alexander Peacock
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 SHS, Augusta, ME 04333

TELEPHONE: 287-2731

AGENCY: 01-026 Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: 50, Record Keeping & Reporting Requirements
ADOPTED RULE NUMBER: 2024-239

CONCISE SUMMARY:

The proposed rule amendments were sought to address the directives in the 131st Legislature, Resolves 2023, ch. 71: Resolve, Directing the Board of Pesticides Control to Transition to Electronic Submission of Pesticides Sales and Use Data. This resolve directs the Board of Pesticides Control to implement rules to require commercial applicators and dealers to submit annual summary use reports and annual sales reports to the Board electronically. The proposed amendments were written to incorporate these changes:

Chapter 50 – three amendments are proposed:

  • Require electronic reporting for commercial applicators’ annual use reports and dealers’ annual sales reports. This requires these parties to electronically report to a Board-approved software solution.
  • Outlines a transition period in 2024 and 2025 with reports required to be submitted electronically by 2026 (reporting year 2025) or seek an exemption waiver.
  • Describes a waiver process for those who do not have access to an electronic device capable of submitting electronic reports.

EFFECTIVE DATE: Monday, October 21, 2024

AGENCY CONTACT PERSON: Alexander Peacock
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 SHS, Augusta, ME 04333
TELEPHONE: 287-2731

AGENCY: 10-144 Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 332; MaineCare Eligibility Manual – Part 2
MaineCare Rule #308A – Eligibility and Verification Changes
ADOPTED RULE NUMBER: 2024-240

CONCISE SUMMARY:

The adopted rule updates the MaineCare Eligibility Manual, Part 2, Basic Eligibility Criteria consistent with the Centers for Medicaid and Medicare Services’ “2023 Streamlining Medicare Savings Program Enrollment” final rule (89 FR 22780). The adopted rule removes the requirement that applicants apply for other benefits as a condition of MaineCare eligibility. Additionally, the adopted rule removes the limit on the number of reasonable opportunity periods for individuals verifying their citizenship and immigration status.

Changes were made to the adopted rule as a result of public comment and intended to provide clarity and reduce confusion. The adopted rule is consistent in substance with the rule was proposed.

Section 10: Application for Medicare:

  • The title of Section 10 is changed to “Requirement to Apply for Medicare”
  • I. and II. add “through the Social Security Administration,”

The adopted rule changes are effective retroactive to June 1, 2024. Retroactive rulemaking is permissible under 22 M.R.S. Sec. 42(8) as these updates provide a benefit to recipients and applicants.

This rule will not have an adverse impact on municipalities or small businesses.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.

EFFECTIVE DATE: Tuesday, October 22, 2024

AGENCY CONTACT PERSON:
Adam Hooper, MaineCare Program Manager
Office for Family Independence
Department of Health & Human Services
109 Capitol Street
Augusta, ME 04333
Phone: (207)624-4178/ Fax: (207)287-3455
TT Users Call Maine Relay – 711

Adam.Hooper@maine.gov

AGENCY: 02-380 State Board of Nursing
CHAPTER NUMBER AND TITLE: Chapter 6 Delegation of Nursing Activities and Tasks to Unlicensed Assistive Personnel by Registered Professional Nurses
ADOPTED RULE NUMBER: 2024-241 

CONCISE SUMMARY:

The provisionally adopted rule will replace chapter 6 Board rule, Regulations Relating to Coordination and Oversight of Patient Care Services by Unlicensed Assistive Personnel. The rule defines delegation and identifies the responsibilities of a registered professional nurse when delegating nursing activities and tasks to unlicensed assistive personnel. The Board of Nursing is required under 32 M.R.S.   2102(2)(H) to adopt major substantive rules to implement   2102(H).

EFFECTIVE DATE:  Not Applicable (this is a major substantive rule that has been provisionally adopted, not finally adopted).

AGENCY CONTACT PERSON: Amanda Boulay, MSN, RN
AGENCY NAME: State Board of Nursing
ADDRESS: 158 State House Station, Augusta, ME 04333-0158

TELEPHONE: (207) 287-1147

Notice: Beginning in January 2025, online rulemaking proposal and adoption notices will be posted each week in a .pdf document. Each .pdf document that is posted will be accessible through a link that will be listed on the main “Weekly Rulemaking Notices” website.