![]()
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 rulemaking liaisons (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 02 029 - Department of Professional and Financial Regulation (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 134 (Regulation 34), Credit Union Service Corporations
PROPOSED RULE NUMBER: 2019-P095
BRIEF SUMMARY: This regulation repeals and replaces the former Regulation 34 originally effective on August 21, 1996. Rulemaking is in response to Public Law 2017 ch. 143, which amended the requirements for notifying the Superintendent of investments in credit union service corporations as well as the maximum amount of such investments. The rule also updates citations in federal law that were recodified since the last promulgation of the rule.
The proposed rule may be found on the Bureau of Financial Institution's website: http://www.maine.gov/pfr/financialinstitutions/proposedrules.htm .
Persons submitting comments on the proposed rule or seeking paper copies of the proposed rule may direct their comments or requests to the contact person.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BUREAU RULEMAKING LIAISON: David Gordon Laurendeau, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. Fax: (207) 624-8590. Email: David.G.Laurendeau@Maine.gov
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No expected financial impact on municipalities or counties.
AGENCY: 02-322 - State Board of Licensure for Professional Engineers
CHAPTER NUMBER AND TITLE: Ch. 5, Application and Licensure Fees
PROPOSED RULE NUMBER: 2019-P096
BRIEF SUMMARY: The State Board of Licensure for Professional Engineers proposes to repeal and replace Ch. 5 governing application and licensure fees. Budgetary requirements necessitate that application, licensure, renewal, and late fees be increased to meet current and future funding needs. Revisions in the professional engineering statute, 32 MRS §1251 et seq., eliminate temporary licensure, permitting an elimination of the attendant fee; and the adoption of technology allows the elimination of fees for replacement certificates.
PUBLIC HEARING: July 18, 2019 - 4:00 p.m., Olde Federal Building, 295 Water Street - First-floor conference room, Augusta, ME 04332
COMMENT DEADLINE: July 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: David Jackson, Executive Director, State Board of Licensure for Professional Engineers, 92 State House Station, Augusta, ME 04333-0092. Telephone: (207) 287-3236. Fax: (207) 287-3239. Email: David.Jackson@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities and counties who fund the licensure of professional engineers in their employ will see a cost increase of $20 per licensed professional engineer per year.
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 90, Physician Services
PROPOSED RULE NUMBER: 2019-P097
CONCISE SUMMARY: This rule is proposed to update and clarify existing policy language, prior authorization requirements, reimbursement criteria, service descriptions, and coverage limits. The proposed rule also adds three new covered services.
Proposed changes to the rule include the following:
1. From the Supplies and Materials category, removal of language "that may be reimbursed as separate items" to add clarity as to what is reimbursable for medical supplies and materials under this section (90.01-5). Language about supply reimbursement already exists under Medical Supplies & Durable Medical Equipment (90.04-9);
2. Addition of language setting the reimbursement for physician's medical direction of anesthesia services at 50% of the allowance when a physician performs anesthesia services alone (90.04-1(B)) to more closely align with the Centers for Medicare and Medicaid Services' (CMS) reimbursement methodology;
3. Clarification of the language in the policy specifying how interns, residents, and locum tenens are enrolled. They can be enrolled either under a physicians' group or as a hospital-based professional. Language was also clarified as to how interns, residents, and locum tenens are reimbursed through MaineCare (90.04-10);
4. Removal of mileage reimbursement language as this has not been a recently reimbursable service. Retention of this language had previously been overlooked. (90.04-11);
5. Addition of two new services: Diabetes Self-Management Training Services (DSMT) (90.04-13) and Medical Nutrition Therapy Services (MNT) (90.04-14). DSMT and MNT have been linked to improved clinical outcomes. Service requirements and service limits are also included;
6. Addition of licensed dietician as an "other" professional that can work in association with Physician Services (90.04-15), and who can also provide the newly added DSMT or MNT services;
7. Addition of licensed clinical psychologists and licensed marriage and family therapists as "other" professionals practicing within the scope of their licensure that can work in association with Physician Services (90.04-15);
8. Addition of transgender services (90.05-1 A (4)) under Services Covered with Prior Authorization (PA);
9. Removal of transsexual procedures from Non-Covered Services, to allow for medical necessity standards (90.07-3);
10. The Reimbursement Rate for Drugs Administered by Other Than Oral Methods (90.09-3) has been amended to align MaineCare policy with the CMS Covered Outpatient Drug final rule by determining drug fee schedules as Average Sales Price (ASP), plus 6%, as set by Medicare Part B for Maine area "99"; and
11. Removal of the Member Satisfaction category under the Primary Care Provider Incentive Payment (90.09-4) list of incentives. The category is part of and incorporated in the Quality category and was improperly listed previously as a separate category.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, July 15, 2019 at 9:00 a.m., State of Maine Office Building, Maine B Conference Room, 109 Capitol Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before July 8, 2019.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on July 25, 2019.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne E. Labonte, Comprehensive Health Planner II, MaineCare Services, 109 Capitol Street - 11 State House Station. Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte@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 .
