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). WorldWide 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)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2016-P134
CONCISE SUMMARY: The purpose of this rule is to comply with PL 2016 ch. 83, Resolve, Directing the Department of Health and Human Services To Increase the Reimbursement Rates for Home-based and Community-based Services. PL 2016 ch. 83, requires the Department to amend its rules for reimbursement rates for personal care and related services provided under 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. II & III Section 96, "Private Duty Nursing and Personal Care Services". This rule-making adds modifiers and reimbursement rates for multiple member visits, as outlined in Ch. III Section 96, "Private Duty Nursing and Personal Care Services". This law will go into effect on July 29, 2016, without the governor's signature. Ch. II updates level of care caps.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. Pending approval, pursuant to 22 MRS §42(8), the increased reimbursement rates, modifiers, and level of care caps will be effective retroactive to July 29, 2016. The Department published a change in reimbursement methodology, pursuant to 42 CFR §447.205, on July 28, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: October 11, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 4, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 21, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 308 (New), Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
PROPOSED RULE NUMBER: 2016-P135
BRIEF SUMMARY: The new rules will establish the procedures by which the Department will restrict heavy loads on posted State and State Aid Highways from November 15 to June 1, inclusive. They will also streamline current permitting procedures and eliminate permitting requirements for vehicles under 34,000 GVW carrying an approved commodity. MaineDOT has long had rules restricting heavy loads on closed ways pursuant to authority granted to it in 29-A MRS §2395, but those rules were specifically exempt from the provisions of the Maine Administrative Procedures Act (the "APA") by the statute. In 2013, 29-A MRS §2395 was amended by PL 2013 c. 55 to provide that "Rules adopted pursuant to this section are routine technical rules as defined in Title 5 c. 375, subchapter 2-A", thus eliminating their exemption from the APA. It is now necessary that the Department readopt these rules in accordance with the APA process.
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: 4:30 p.m., October 21, 2016
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Bill Akins, Legal Administrator, MaineDOT Legal Services, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
Brian Burne, Highway Maintenance Engineer (same address). Telephone: (207) 624-3571. E-mail: Brian.Burne@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No direct impact on municipalities.
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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