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: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons
PROPOSED RULE NUMBER: 2016-P078
BRIEF SUMMARY: In accordance with 12 MRS §11401 sub-§1, E., the Department is proposing a rule that details the process to allow a nonresident who owns 25 or more acres of land in the State and leaves that property open to hunting, holds a valid hunting license and is not otherwise prohibited by law, to hunt deer on the Saturday preceding the first day of open season on deer (resident only day). Forms will be provided by the Department for the nonresident landowner to verify they are the lawful owner of 25 acres or more in Maine. A complete copy of the proposed rule is available from the contact person below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules: 13.06, Motor Size Restrictions on Certain Inland Waters (Kimball Pond, Vienna)
PROPOSED RULE NUMBER: 2016-P079
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Kimball Pond, Vienna / New Sharon, Kennebec County -motorboats with more than 10 horsepower prohibited.
PUBLIC HEARING: July 12, 2016 @ 6:30 p.m., Vienna Community Building / Fire Station, Kimball Pond Road, Vienna, Maine
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 31, Federally Qualified Health Center Services
PROPOSED RULE NUMBER: 2016-P080
CONCISE SUMMARY: This proposed rule amends the rate setting and rate-adjustment processes for the prospective payment system (PPS) used to reimburse Federally Qualified Health Centers (FQHCs).
This rule-making clarifies and expands the current FQHC policy and procedures as follows:
* Provides additional guidance and consistency in the methodology for adjustments of PPS rates;
* Amends the process of rate establishment for newly qualifying FQHCs;
* Provides specific guidance in what constitutes "a change in scope of services"; and
* Expands the reporting requirements in conjunction with a request for rate adjustment due to a "change in scope of services".
The Centers for Medicare and Medicaid Services ("CMS") has approved a Maine State Plan Amendment related to initial rate-setting and "change in scope of services." The payment methodology for FQHCs conforms to Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act (BIPA) of 2000.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, July 12, 2016 - 9:30 a.m., 19 Union Street, Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Tuesday, July 5, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., Friday, July 22, 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 does not anticipate this rule-making will 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 65, Behavioral Health Services (also affects Section 17, Community Support Services)
PROPOSED RULE NUMBER: 2016-P081
CONCISE SUMMARY: This rule makes the following changes to the Medication-Assisted Treatment section: Requiring Medication-Assisted Treatment Facilities to be open at least six days per week throughout the calendar year, updating the twenty-four month prior authorization forms for members who have hit their lifetime methadone cap, adding an authorization form to be completed by the facility within sixty calendar days of the member's first visit, adding a definition of Medication-Assisted Treatment to the definitions section, adding a Medical Director section to the policy that outlines the Medical Directors' required responsibilities, adding a Medical Records section that outlines the minimum required documentation that must accompany Medication-Assisted Treatment services, adding a Counseling section that outlines who can perform counseling to members, and the minimum amount of counseling members should receive during treatment, adding a Medication Administration section that establishes initial dosage limits for methadone and diversion control plan measures, and adding an Individualized Service Plan section that establishes the minimum requirements for a member's service plan.
This rule moves MaineCare's Clubhouse services, which are currently part of "Day Supports Services", from Section 17 to Section 65 of the MaineCare Benefits Manual. This rule-making will also move the "Specialized Group Services" from Section 17 to Section 65 of the MaineCare Benefits Manual. This rule-making will also replace the current per hour day treatment procedure code that Clubhouse providers are billing under with the more appropriate Mental Health clubhouse services per 15 minute procedure code.
This rule also updates the reference for diagnostic codes required for billing in Section 65.13, "Billing Instructions", from ICD-9 to ICD-10 codes, and makes minor technical edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: July 11, 2016 - 9:00 a.m., Champlain Conference Room, 45 Commerce Drive, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 4, 2016.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on July 21, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will 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 103, Rural Health Clinic Services
PROPOSED RULE NUMBER: 2016-P082
CONCISE SUMMARY: This proposed rule amends the rate setting and rate-adjustment processes for the Prospective Payment System (PPS) used to reimburse "Rural Health Clinic Services (RHCs)".
This rule-making clarifies and expands the current RHC policy and procedures as follows:
* Provides additional guidance in the methodology for adjustments of PPS rates;
* Amends the process of rate establishment for newly qualifying RHCs;
* Provides specific guidance in what constitutes "a change in scope of services"; and
* Expands the reporting requirements to support requests for rate adjustments due to a change in scope of services.
The Centers for Medicare and Medicaid Services ("CMS") has approved a Maine State Plan Amendment related to initial rate-setting and "change in scope of services." The payment methodology for RHCs conforms to Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act (BIPA) of 2000.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Tuesday, July 12, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 5, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., July 22, 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 does not anticipate this rule-making will have any impact on municipalities or counties.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
RULE TITLE OR SUBJECT: Ch. 175 (New), Data Release Rule
PROPOSED RULE NUMBER: 2016-P083
CONCISE SUMMARY: This proposed rule outlines the policies of the Maine Center for Disease Control and Prevention (Maine CDC) for the release of health-related data and makes clear to all parties the conditions under which unrestricted and restricted data will be released by the Maine CDC.
STATUTORY AUTHORITY: 22 MRS §§ 42, 824
PUBLIC HEARING: 10:00 a.m., July 13, 2016 in Room 16 at Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 25, 2016
AGENCY CONTACT PERSON: Bridget Bagley, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-8016. E-mail: Bridget.Bagley@Maine.gov .
FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
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: Chapter 6, Child Support Guidelines
PROPOSED RULE NUMBER: 2016-P084
BRIEF SUMMARY: The recently adopted rule #2016-029 used incorrect dollar amounts per child to populate the new Child Support Guideline table. This proposed rule-making is to correct those numbers. In addition, the header of the new table will be changed to reflect that the table will apply to all children, aged 0-18 (19 if the child is still in school), avoiding confusion due to any references to two age categories as mentioned in 19-A MRS ch. 63. The effective date of the new Guideline table will be July 29, 2016.
PUBLIC HEARING: None
COMMENT DEADLINE: July 22, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tracy Quadro, Staff Counsel, 11 State House Station, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. Fax: (207) 287-6883, TTY: 711 Maine Relay Tracy. E-mail: Tracy.Quadro@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
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 June 22, 2016
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