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RULEMAKING 3/30

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Public Input for Proposed Rules Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 §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 rule-making liaisons (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency. PROPOSALS AGENCY: 94-457 - Finance Authority of Maine (FAME) PROPOSED RULE NUMBER: 2016-P035 CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program (Amendment 15) BRIEF SUMMARY: The amendments will conform the rule to provisions of the federal Protecting Americans from Tax Hikes (PATH) Act of 2015 affecting Section 529 qualified tuition programs which are already in effect, and make a minor modification to the maximum contribution limit formula (which will not affect the current limit). PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons. COMMENT DEADLINE: April 29, 2016 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 213-2615. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com . IMPACT ON MUNICIPALITIES OR COUNTIES: None. AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry (DACF) CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State Of Maine PROPOSED RULE NUMBER: 2016-P036 BRIEF SUMMARY: This chapter outlines the procedures and standards governing the certification of seed potatoes in the State of Maine The proposed changes will include establishing field tolerances for the disease blackleg, allow more extensive lab testing of post-harvest samples and decrease the number of generations of seed eligible for recertification. PUBLIC HEARING: Thursday, April 21, 2016 at 6:00 p.m. to 8:00 p.m. at the University of Maine Presque Isle, Folsom Hall Room 105, Presque Isle, Maine COMMENT DEADLINE: 4:00 p.m. Monday, May 2, 2016 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ann Gibbs, Director, Animal & Plant Health Division, Maine Department of Agriculture, Conservation & Forestry, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7602. E-mail: Ann.Gibbs@Maine.gov . AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM), Ch. III Section 15, Chiropractic Services PROPOSED RULE NUMBER: 2016-P037 CONCISE SUMMARY: This rule is being proposed in order to update current billing practices by removing the basic value language that utilizes the units system and replacing the units with rates. Additionally, chiropractic codes will be updated to align with current 2016 CPT codes. These changes include the elimination of code 72090 with the addition of codes 72081, 72082, 72083, and 72084. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents. PUBLIC HEARING: April 19, 2016, 2:30 p.m., 242 State Street, Conference Room 1, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before April 12, 2016. DEADLINE FOR COMMENTS: Comments must be received by midnight April 29, 2016. AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Cari Bernier, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Cari.Bernier@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties. AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 43, Hospice Services PROPOSED RULE NUMBER: 2016-P038 CONCISE SUMMARY: This rule is being proposed to comply with the implementation of hospice payment reforms as set out in the Centers for Medicare & Medicaid Services Rule, 42 CFR §418.302, 306. The final rule requires that State Medicaid programs make revisions to their methodologies for determining the payment rate for Routine Home Care (RHC) and other services. These changes include a new payment methodology for Routine Home Care (RHC) to implement two rates that will result in 1) a higher base payment for the first sixty (60) days of hospice care and 2) a reduced base rate for days thereafter. A new Service Intensity Add-on (SIA) payment for services provided by a Registered Nurse (RN) or clinical social worker during the last seven (7) days of a member's life has also been added. This rule proposes a retroactive effective date of January 1, 2016. The rulemaking also updates the policy titles and section numbers listed in §43.05-4, Coverage Restrictions during Hospice Election, to correlate with the current version of the MaineCare Benefits Manual. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents. PUBLIC HEARING: April 19, 2016, 9:00 a.m., 19 Union Street - Room 111A, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before April 11, 2016. DEADLINE FOR COMMENTS: Comments must be received by midnight April 29, 2016. AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Anne.Labonte-Perreault@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties. AGENCY: 99-420 - Maine Turnpike Authority (MTA) CHAPTER NUMBER AND TITLE: Ch. 2, Regulations for the Installation of Logo Signs on the Maine Turnpike PROPOSED RULE NUMBER: 2016-P039 BRIEF SUMMARY: The MTA proposes to amend its existing logo sign rule to allow: (1) logo signs for locations that can only be accessed through interchanges on the interstate highway beyond the southern or northern limits of the Maine Turnpike and (2) logo signs for food and gas on the northbound side of the Turnpike north of mile marker 106 and the southbound side of the Turnpike south of mile marker six. PUBLIC HEARING: No public hearing is currently scheduled. COMMENT DEADLINE: April 29th, 2016 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MTA RULE-MAKING LIAISON: Jonathan Arey, 2360 Congress Street, Portland, Maine 04210. Telephone: (207) 632-4386. E-mail: JArey@MaineTurnpike.com . ADOPTIONS Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules . Published on March 30, 2016

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