RULEMAKING

Public Input for Rules Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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: 06-096 - Department of Environmental Protection (DEP) CHAPTER NUMBER AND TITLE: Ch. 110, Ambient Air Quality Standards PROPOSED RULE NUMBER: 2018-P240 BRIEF SUMMARY: The Department is proposing to amend its Ch. 110, Ambient Air Quality Standards, to incorporate the current national ambient air quality standards (NAAQS) for particulate matter (PM) and ozone, and will update and align the rules governing the Maine ambient air quality standards to provide consistency with the federal NAAQS. The amendments to Ch. 110 are required to satisfy CAA Section 110(a)(1) and (2) infrastructure requirements and Prevention of Significant Deterioration (PSD) requirements under CAA Section 160 et seq.. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any. PUBLIC HEARING: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period. COMMENT DEADLINE: December 17, 2018 - 5:00 p.m. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON: Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal. AGENCY: 15-213 - Maine Department of Defense, Veterans and Emergency Management (DVEM), Military Bureau CHAPTER NUMBER AND TITLE: Ch. 2 (New), Registration of Private Educational Institutions to Participate in the Maine National Guard Education Assistance Program PROPOSED RULE NUMBER: 2018-P241 BRIEF SUMMARY: This proposed rule establishes the process to govern the registration by the Military Bureau of private, non-profit, post-secondary education institutions to participate in the tuition benefit program for eligible members of the Maine National Guard, as established and recently amended pursuant to Title 37-B MRS §§ 352, 352-A, 353-B and 357. The program was previously available only for attendance at public post-secondary institutions in Maine. PUBLIC HEARING: Monday, December 3, 2018 - 2 p.m., Camp Chamberlain, Classroom 1042, 23 Blue Star Avenue, Augusta, Maine COMMENT DEADLINE: December 14, 2018 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Scott A. Young, Department of Defense, Veterans & Emergency Management, 33 State House Station, Augusta, Maine 04333. Telephone: (207) 430-5997. Fax: (207) 626-4509. TTY: (711) Maine Relay. Email: Scott.A.Young@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None. 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 15, Chiropractic Services PROPOSED RULE NUMBER: 2018-P242 CONCISE SUMMARY: The Department of Health and Human Services ("the Department") proposes this rule to add coverage of evaluation and management codes for chiropractors pursuant to PL 2017 ch. 421, An Act To Provide MaineCare Coverage for Chiropractic Treatment. PL 2017 ch. 421 requires chiropractic evaluation and management codes be added to 10-144 CMR Ch. 101, MaineCare Benefits Manual (MBM), Ch. II and III Section 15, Chiropractic Services. In Ch. II, the Department proposes adding coverage for evaluations. Additionally, the Department is proposing changing the requirement of "subluxation" to "conditions" to align with Medicaid requirements. Finally, the Department is limiting the evaluation codes to 99201-99215 for the purpose of examining and diagnosing a spinal condition. In Ch. III, the Department has inserted a link to the physician fee schedule for reimbursement purposes. Finally, the Department is proposing minor technical edits. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 3, 2018 - 9:00 a.m., Burton M. Cross Building - Room 600, 111 Sewall Street, Augusta ME, 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 26, 2018. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 13, 2018 OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Cari Philbrick, 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). Email: Cari.Philbrick@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking 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. III Section 23, Developmental and Behavioral Evaluation Clinic Services PROPOSED RULE NUMBER: 2018-P243 CONCISE SUMMARY: The Department of Health and Human Services proposes this rule pursuant to PL 2017 ch. 460, An Act Making Certain Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government. Part D-1 requires the Department increase the rates of reimbursement for Section 23, Development and Behavioral Clinic Services, to ensure a net increase in funding from fiscal year 2008-2009 to fiscal year 2018-2019 of two (2) % as long as no rates for a service is lower than the rate reimbursed as of January 1, 2018. This rulemaking requires that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct services as required by Part D-2 of PL 2017 ch. 460. In compliance with the law, providers must ensure that increase in reimbursement rates effective August 1, 2018, is applied in full to wages and benefits to employees who provide direct services. Providers must document compliance with this requirement in their financial records and provide such documentation to the Department upon request. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: Tuesday, December 4, 2018- 9 00 a.m., Room 300 - Burton Cross Office Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 23, 2018. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 14, 2018. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Thomas M. 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). Email: Thomas.Leet@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking 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 Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder PROPOSED RULE NUMBER: 2018-P244 CONCISE SUMMARY: The Department is proposing this routine technical rule in accordance with PL 2017, ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government ("Act"). This Act provides funding to increase rates for specific procedure codes in Ch. III Section 29. Part B of the Act provided that the Department ensure that caps and limitations on services "are increased to reflect increases in reimbursements that result from this Part." On September 12, 2018, the Department adopted an emergency major substantive rule for Section 29, Ch. III, as directed in the Act, to increase reimbursement rates for eighteen (18) procedure codes, with a retroactive effective date of July 1, 2018. In accordance with Part B of the Act, the Department is adopting an emergency rule for Ch. II, to increase caps in Section 29 to reflect those rate increases. The emergency rulemaking is effective for 90 days. This proposed rule will adopt these cap increases permanently. The increased caps will be effective retroactive to July 1, 2018. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, from the Centers for Medicare and Medicaid Services ("CMS") to submit a waiver amendment making the rate changes retroactive to July 1, 2018. The proposed rule includes the following cap changes: Limits 29.07-2: Raised annual limit for members who receive Home Support, Community Support, or Shared Living from $52,425.00 to $58,168.50. 29.07-6: Raised limit for Respite Services from $1,100.00 per year to $1,224.60. 29.07-6: Raised the per diem limit for quarter (1/4) hour Respite billing from $90.00 to $110.21 for each date of service. In addition, the Department is proposing the changes below. Provider Qualifications and Requirements 29.10: Added reference to Adult Protective reporting requirements. 29.10-1.C: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1). 29.10-1.C: Deleted the requirement for grievance training to occur before working with members. 29.10-4, Electronic Visit Verification: Added Provider Qualifications and Requirements for Electronic Visit Verification. The Department is seeking and anticipates approval from the Centers for Medicare and Medicaid Services for this change. 29.10-5: Wording corrections for clarity. 29.10-6: Sentence deleted to make Section 29 requirements consistent with those in Section 21. 29.10-8: Reportable Events & Behavioral Treatment: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and added Adult Protective Services System (10-149 CMR Ch. 1). Added rule citation to clarify meaning of "Behavior Regulations." Appendix IV Reports of Abuse, Neglect, or Exploitation: Updated reference to rules governing Reportable Events (14-197 CMR Ch. 12) and Adult Protective Services System (10149 CMR Ch. 1). The proposed rule also includes technical corrections and formatting updates for clarity. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 3, 2018 - 9:30 a.m., The Marquardt Building - Room 118 - Door D7, 32 Blossom Lane, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 20, 2018. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 14, 2018. OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Rachel Posner, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Rachel.Posner@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties. 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 rulemaking 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 .