![]()
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). 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 rulemaking liaisons (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND TITLE: Ch. 5, Certification of Marijuana Testing Facilities
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P135
BRIEF SUMMARY: The additional part of this existing rule provides marijuana testing facilities, sample collector, and self-sampling licensees with the minimum requirements regarding the qualifications, education, and training for personnel and staff.
PUBLIC HEARING: Wednesday, July 29, 2020 - 10:00 a.m. EDT; Virtual public hearing conducted via Zoom. A link will be sent out to participants prior to the date of the public hearing. Please contact the Office of Marijuana Policy if you are intending to attend the public hearing.
COMMENT DEADLINE: Monday, August 10, 2020 at 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / OMP RULEMAKING LIAISON: Erik Gundersen; Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 287-3282. Fax: (207) 287-2671. Email: Erik.Gundersen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Use Marijuana Program Rule
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P136
BRIEF SUMMARY: OMP is proposing to introduce additional rules to the adopted Adult Use Marijuana Program Rule to establish a regulatory framework governing the licensing of sample collectors as well as requirements for licensee self-sampling in Maine. These additional regulations aim to protect the health and safety of the public.
PUBLIC HEARING: Wednesday, July 29, 2020 - 10:00 a.m. EDT; Virtual public hearing conducted via Zoom. A link will be sent out to participants prior to the date of the public hearing. Please contact the Office of Marijuana Policy if you are intending to attend the public hearing.
COMMENT DEADLINE: Monday, August 10, 2020 at 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / OMP RULEMAKING LIAISON: Erik Gundersen; Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 287-3282. Fax: (207) 287-2671. Email: Erik.Gundersen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
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. VII Section 5, Estate Recovery
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P137
CONCISE SUMMARY: This rule is being proposed to clarify when an estate recovery claim is subject to recovery in accordance with guidance from the federal Centers for Medicare and Medicaid Services (CMS). Specifically, it changes the requirement in Section 5.04-1, "Processing Claims Against Assets", part D, to state that any surviving child who is blind or permanently and totally disabled, be disabled at the time the Department seeks recovery. The previous marker was set at the time of the member's death.
The Department also proposes the following changes:
* Adding language to 5.04-1(D) to define the phrase, "the time the Department seeks recovery" to mean the earlier of (1) the date of the Department's notice of claim to the legally authorized representative of the estate or known family members or heirs; or (2) the date on which the Department files a claim in Probate Court.
* Adding numbering to 5.07(A) to clarify the application process requirements for all waivers.
* Adding language to 5.08(A)(1)(b) to provide guidance on how the 180% of the Federal Poverty Income level is determined by the Department and what income and asset information is required by the applicant for evaluation.
* Adding language for clarification to 5.08(B)(2)(a) to specify 24 hours a day care must be provided to the member and adding an additional requirement that the member could not be receiving in home services.
* Adding clarification to 5.08(B)(2) that an applicant will receive the highest allowable waiver in instances when an applicant may qualify for more than one care given hardship waiver.
* Updating language in 5.09(B) for clarification of the current Departmental reference.
* Adding clarification to 5.10(A) to incorporate limits of allowable expenses following the Member's death.
* Finally, the Department is proposing minor language, clerical, and reference number edits.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: No public hearing scheduled. Note: During the Civil State of Emergency declared by the Governor, public hearings are now closed to the public physically attending. During this State of Emergency, the Department will be providing a 30-day comment period instead of a public hearing.
PUBLIC NOTICED: July 8, 2020
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on August 7, 2020.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Cari Philbrick, Comprehensive Health Planner II, MaineCare Services, 109 Capitol Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4031. Fax: (207) 287-6106. 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.
AGENCIES: 02-373 - Board of Licensure in Medicine; 02-383 - Board of Osteopathic Licensure (both affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 2, Joint Rule Regarding Physician Assistants
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P138, P139
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Osteopathic Licensure propose amendments to a joint rule pertaining to the licensure and practice of physician assistants. The proposed amendments would: amend the definition of certain terms to eliminate registration and supervision; add definitions for certain terms, including "Health Care Facility," Health Care Team," Inactive Status License," and "Physician Group Practice;" eliminates registration and supervision requirements; establishes criteria for "Inactive Status Licenses;" establishes uniform continuing clinical competency requirements; amends the uniform fees; establishes criteria for collaborative agreements and practice agreements; amends the uniform notification requirements to include legal change of name; and amends the continuing medical education (CME) requirements, including 3 hours of CME every 2 years regarding opioid prescribing.
PUBLIC HEARING: None planned. Requests to hold a public hearing by any interested person may be submitted in writing to the identified agency contact person.
COMMENT DEADLINE: Friday, August 7, 2020 at 4:30 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION:
Medicine: Dennis E. Smith, Executive Director; Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333-0137. Telephone: (207) 287-3605. Fax: (207) 287-6590. Email: Dennis.E.Smith@Maine.gov .
Osteopathic: Susan E. Strout, Executive Secretary; Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333-0142, Telephone: (207) 287-2480. Fax: (207) 536-5811. Email: Susan.E.Strout@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: MaineCare Rule #298P (COVID-19 Testing for Uninsured Individuals), Part 9, Limited Benefit Groups
PROPOSED RULE NUMBER: 2020-P140
BRIEF SUMMARY: The Families First Coronavirus Response Act (FFCRA) HR 6201, 116 Cong. (2019-2020), PL No. 116-127 (3/18/2020), 134 Stat. 178 et seq. specified in Division F, Section 6004(a)(3) that State Medicaid programs were authorized to create an optional coverage group to ensure that services related to testing and diagnosis of COVID-19 are available in response to the pandemic, pursuant to Section 1902(a)(10)(A)(ii)(XXIII) of the Social Security Act, 42 USC 1396a(a)(10) as amended. This is a limited coverage benefit that is effective no earlier than March 18, 2020 and ends on the last day of the month in which the federal public health emergency ends, unless otherwise directed by the Centers for Medicare and Medicaid Services. Coverage under this group is available to individuals who are without health insurance, or whose health insurance coverage does not meet the requirements for minimum essential coverage. This rule change adopts the eligibility criteria established within the Act into the MaineCare Eligibility Manual. This rule change will reduce barriers to COVID-19 testing and treatment which will improve health outcomes for the specific individuals covered and reduce the spread of this virus throughout the Maine population as a whole.
Additionally, the Department regularly reviews policies to ensure clarity and conformity with state and federal requirements. Clarification was added to each section of Part 9 of this Manual to clarify eligibility criteria and processes. Changes were made to word choice for readability and in the interest of gender neutrality where appropriate.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: August 9, 2020
CONTACT PERSON FOR THIS FILING: Esther Bullard, MaineCare Program Manager, Department of Health and Human Services - Office for Family Independence, 109 Capitol Street - 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. Esther.Bullard@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
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 .
