NOTICE OF STATE RULEMAKING
PUBLIC INPUT FOR RULES A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one. The agency must hold a hearing if it receives 5 or more requests. If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing. ONLINE INFORMATION Weekly notices, full text of adopted rules, and a list of agency rulemaking contacts are available at this website: https://www.maine.gov/sos/cec/rules/index.html
PROPOSALS
AGENCY: 02-382 Department of Professional and Financial Regulation, Affiliated Board, Maine Bord of Optometry
CHAPTER NUMBER AND TITLE: Chapter 1: Fees, Chapter 3: License by Endorsements: Chapter 4: Treat Glaucoma. Chapter 5: Telehealth Standards, use and Limitations, Chapter 6: Code of Ethics
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P213 to -P217
BRIEF SUMMARY: The Board is undergoing a review of all existing chapters including application for examination, license endorsement approved schools, license renewal requirements, fees, ethics, and continuing education. Such broad rulemaking is required because the Governor signed a full repeal and replace of the laws as enacted by the 131st legislative sessions and the new law needs clarifying rules. Rulemaking authority is conferred by 32 M.R.S.A. sec. 19204
PUBLIC HEARING (if any): August 9, 2024, 1:00 p.m. at Department of Professional and Occupational Regulation, Kennebec Conference room at 76 Northern Ave. Gardiner, ME 04345
COMMENT DEADLINE: August 20, 2024, 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Tina Carpentier, 113 State House Station, Augusta, ME 04333, Phone: 207-624-8691, Fax: 207624-8637 and email: tina.carpentier@maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):none
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): none
AGENCY: 10-149 Department of Health and Human Services, Office of Aging and Disability Services
CHAPTER NUMBER AND TITLE: Repeal Title 14-197, Chapter 3, Definition of Mental Retardation and Autism; Appeal Procedure; Replace with Title 10-149, Chapter 5, Section 2, Developmental Disability Services for Adults with an Intellectual Disability or Autism Spectrum Disorder
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P218, -P219
BRIEF SUMMARY: The purpose of the rulemaking is to clarify the application process for Developmental Services available at OADS that are supported exclusively with state funds. The rule also removes descriptions of internal agency processes regarding client intake and eligibility determination, updates the tests for determining whether an applicant has an intellectual disability (abandoning the harmful terminology of years past) and Autism Spectrum Disorder, and identifies the state-funded Developmental Disability Services available from OADS.
Specifically, this rulemaking proposes to:
repeal 14-197 C.M.R. ch. 3 and its definitions and appeal processes;
replace that rule with a new rule to be codified as 10-149 C.M.R. ch. 5, sec. 2;
establish an explicit process for applying for and receiving Developmental Disability Services from OADS;
clarify that state-funded Developmental Disability Services are distinct from and unaffected by eligibility for MaineCare services, including HCBS Waiver services for adults with an Intellectual Disability or Autism Spectrum Disorder;
adopts specific definitions applicable to applications for state-funded Developmental Disability Services;
updates the tests for determining whether an applicant has an intellectual disability or Autism Spectrum Disorder, in reference to the current characterizations of those disabilities in statute and in the Diagnostic and Statistical Manual of Mental Disorders;
adds requirements for providing notice of the Department's decisions regarding applications for Developmental Disability Services;
withdraws the current appeal process, including Director- and Commissioner-level reviews, and replaces this process with an appeal process that utilizes the administrative hearing process applicable to other state-funded and MaineCare eligibility determinations;
adds a timeliness standard for such appeals; and
adds a statement of the Department's obligation to preserve the confidentiality of applications and their review and disposition.
The proposed rulemaking also would align the structure and numbering of the replacement rule with OADS' current rulemaking format.
The Office of Aging and Disability Services (OADS) is currently divided into two Chapters: 10-149 (formerly the Office of Elder Services) and 14-197 (formerly the Office of Adults with Cognitive and Physical Disability Services). OADS is completing the process of combining these two former State agencies into one by eliminating use of 14-197 and creating a single comprehensive OADS Policy Manual under 10-149. This rulemaking repeals the current 14-197 Chapter 3 and replaces it with 10-149, Chapter 5, Section 2: Developmental Disability Services.
The proposed rule also contains many formatting corrections, ensures use of gender-neutral language, and includes many clarifying edits.
Finally, the Department does not anticipate that this rule will have any impact on municipalities, counties, or small businesses.
See the DHHS rulemaking webpage for rules and related rulemaking documents.
PUBLIC HEARING: The public hearing will be held at 9am Eastern Time (US and Canada) on Wednesday August 14, 2024, at the Department of Health and Human Services, 109 Capitol St., Augusta, ME. An online option is available via Zoom at: https://mainestate.zoom.us/j/84404300581?pwd=WWtLidhbdbCVaEcw4pG9aNTLq1VzB3.1.
COMMENT DEADLINE: The Department will accept comments via e-mail and U.S. Mail until 11:59 PM Eastern Time (US and Canada) on Saturday August 24, 2024.
CONTACT PERSON FOR THIS FILING:
Connor Kelley
Maine Department of Health and Human Services
Office of Aging and Disability Services
41 Anthony Avenue
Augusta, Maine 04333-0011
PHONE: 207-592-1952
EMAIL: OADS.Rulemaking@maine.gov
FAX: (207) 287-9915
TTY: 711 (Deaf or Hard of Hearing)
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.