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: 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: Ch. III Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2016-P024
CONCISE SUMMARY: This proposed major substantive rule seeks to provide a supplemental payment of fifteen (15) percent, in addition to the facility's MaineCare rate, to residential care facilities in remote island locations. Eligible facilities are those located on an island not connected to the mainland by a bridge.
In addition, this rule-making seeks to increase Private Non-Medical Institutions'(PNMI) assisted living reimbursement rate to four (4) percent.
The Department shall seek approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. If CMS approves, the fifteen (15) percent supplemental payments to eligible remote island facilities will be effective retroactive to October 1, 2015. Appendix C and F PNMIs' assisted living reimbursement rate increase of four (4) percent will be effective retroactive to July 1, 2015.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Wednesday, April 6, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before 5:00 p.m., on Wednesday, March 30, 2016.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Monday, April 18, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
AGENCY: 16-219 - Department of Public Safety (DPS)
CHAPTER NUMBER AND TITLE: Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
PROPOSED RULE NUMBER: 2016-P025
BRIEF SUMMARY / BASIS STATEMENT: The chapter defines the uniform forensic examination kit to be used by licensed medical facilities and health care practitioners for evidence collection in cases of alleged gross sexual assault. Through this rulemaking, wording changes are being made to the chapter to make it more accurate. In addition, a provision in the chapter is being stricken that allows standardized, statewide forensic examination documentation forms that include information of patients' assaults, to be substituted for patients' assault information forms included in the kit, if such documentation forms are available. Finally, the four appendices to the chapter that provide instructions are being replaced in their entirety with four revised appendices.
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: 5 p.m. Monday, 18 April 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Christopher Parr, Maine State Police, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042. Telephone: (207) 624-7200. Fax: (207) 287-3042. TTY: (207) 287-3659. E-mail: Christopher.Parr@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 7, Implementation of Child Support Guidelines; Ch. 13, Disposition of Proceedings by Settlement, Stipulation or Consent Decision; Waivers
PROPOSED RULE NUMBER: 2016-P026
BRIEF SUMMARY:
Ch. 7: This rule updates the Maine Child Support Enforcement Manual to clarify the decision-making process for imputing income to certain non-custodial parents, and the burden of persuasion when requesting a deviation in the child support amount; and updates the rule to reflect recent statute changes.
Ch. 13: A simple method of allowing parents to modify their support order while the obligor is incarcerated will cut down on the number of unnecessary hearings, saving scarce Department funds and resources.
PUBLIC HEARING: None
COMMENT DEADLINE: April 15, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel - DHHS, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883. TTY: 711 Maine Relay. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility, Rule 278P
PROPOSED RULE NUMBER: 2016-P027
BRIEF SUMMARY: This rule proposes to make revisions to several Parts of Ch. 332, MaineCare Eligibility Manual. Most of the revisions have been proposed in order to provide more clarity, correct typographical errors, or delete outdated references to the current MaineCare Eligibility rule. The remainder of the revisions have been proposed in order to comply with federal requirements (i.e., increasing the noticing requirement from 12 to 15 days, increasing to 90 days the time in which one can complete a review form, and excluding income tax refunds as a countable asset for 12 months from receipt).
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: April 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: R.W. Bansmer, Jr., MaineCare Senior Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4105. TTY: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
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 .
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