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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 - Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 134 (Reg. 34), Credit Union Service Corporations
PROPOSED RULE NUMBER: 2019-P095 (full notice published June 26)
COMMENT DEADLINE: July 26, 2019
CONTACT PERSON EMAIL: David.G.Laurendeau@Maine.gov .
AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-19
PROPOSED RULE NUMBER: 2019-P098
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: July 18, 2019, Thursday, starting at 10:30 a.m., Room 106, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: July 18, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS) (Child Care Development Fund)
CHAPTER NUMBER AND TITLE: Ch. 6, Child Care Subsidy Program Rules
PROPOSED RULE NUMBER: 2019-P099
BRIEF SUMMARY: The rule proposed to clarify program definitions and program eligibility standards. The proposed rule will repeal and replace the existing rule and will implement the federal regulations at 45 CFR.98.11. The rules will incorporate current best practices and federal requirements under the Child Care and Development Block Grant (CCDBG) Act of 2014 in the operation of the Child Care Subsidy Program.
PUBLIC HEARING: July 23, 2019 - 6:00 - 8:00 p.m. at the Maine State Library, Augusta (DHHS in Portland; DHHS in Bangor)
COMMENT DEADLINE: August 2, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Debra White, Hearings and Appeals Unit, DHHS, 11 State House Station - 2 Anthony Avenue, Augusta, ME 04333. Telephone: (207) 624-7968. Email: Debra.White@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
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 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
PROPOSED RULE NUMBER: 2019-P100
CONCISE SUMMARY: The Department is proposing this rule in order to make permanent changes adopted via emergency rulemaking on June 25, 2019.
Background: On November 8, 2018, the Department adopted an emergency major substantive rule for Ch. III Sec. 28 ("Allowances for Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations"). The emergency major substantive rulemaking was done to comply with Public Law 2017 ch. 460 ("the Act") which directed the Department to amend reimbursement rates to Section 28 providers to reflect final rates modeled in the April 2017 Burns report: Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking, and also to increase the rate of reimbursement for all services by two percent. The legislation was enacted as an emergency, and directed the Department to make the rate increases effective July 1, 2018. Pursuant to the emergency major substantive rule, in order to comport with federal Medicaid law, the rate increases were made with an August 1, 2018 effective date.
The November 8, 2018 emergency major substantive rule also added a new procedure code for Board Certified Behavior Analyst *(BCBA) services (Procedure Code G9007), pursuant to the Act, which required the Department to "establish new reimbursement rates" in accordance with the 2017 Burns rate study.
The Department proposed rules for Ch. III Section 28, in accordance with 5 MRS §8072(1), to be provisionally adopted by the Department, pending legislative approval. The Department received comments during that rulemaking requesting clarification on the services that would be eligible for the August 1, 2018 BCBA services rate.
Therefore, the Department has determined that rulemaking for Ch. II Section 28 is required in order to clarify the services that are eligible for the new BCBA service rate. As stated above, the Department adopted an emergency Ch. II Section 28 rule on June 25, 2019 which clarified the BCBA services. That rule will expire 90 days from adoption. This proposed rulemaking will make the emergency Ch. II rule changes permanent and provides for a new provision in the rule identifying BCBA services in the Covered Services section of the rule. In addition, the proposed rule identifies the requirements for BCBA providers, consistent with requirements set forth by the Behavioral Analyst Certification Board. These standards were in effect on the effective date of the emergency rule.
BCBA services rendered between August 1, 2018, the effective date of the November 8, 2018, Ch. III Section 28, emergency major substantive rule, and the effective date of this emergency rule, will be reimbursed in accordance with the emergency major substantive rule BCBA rate, and the Ch. II rule in effect at that time.
In addition to the above changes, the Department is adding telemedicine language under Provider Requirements, and adding Electronic Visit Verification under Provider Requirements, complying with Section 12006 of the 21st Century CURES Act (PL 114-225), as codified in 42 USC §1396b(l)(1).
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: July 23, 2019 -10:30 a.m., Cross Office 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 above before July 16, 2019.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on August 2, 2019.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Dean Bugaj, Comprehensive Health Planner, :Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Dean.Bugaj@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 .
