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: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.09, Bear Hunting
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P084 (2nd publication)
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife, at the request of 5 or more members of the public, will be holding a virtual (Microsoft Teams) public hearing to discuss a proposal that was advertised in a previous notice on May 6, 2020. The previous notice advertised that the Department had received a valid petition to consider amending ch. 16 rules as they pertain to bear hunting. The petitioner has requested rules be modified to establish a bear feeding season, establish a bear feeding permit and set limits on the number of bear feeding permits issued annually. Please contact the agency contact person for a complete copy of the proposed rule. Persons who have already commented on the previously advertised rule proposal are not required to resubmit those comments.
NOTICE: Due to the state of emergency that has been declared by the Governor, public hearings are now closed to the public physically attending. If you have not previously submitted comment on the proposal, the public is strongly encouraged to submit any comments in writing to the Agency Contact Person. However, if you would like to submit comment via video conference, please contact Becky Orff at (207) 287-5202 or Becky.Orff@Maine.gov by close of business on July 7, 2020 for details. Thank you for your understanding while we are experiencing this state of emergency.
PUBLIC HEARING: Wednesday, July 8, 2020 @ 4:00 p.m. - via video conference (Microsoft Teams). Contact the Agency Contact Person by close of business on July 7, 2020 for details.
COMMENT DEADLINE: July 20, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station - 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
AGENCY: 17-387 - Department of Transportation (DOT), Maine Pilotage Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Rules and Regulations
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P117
BRIEF SUMMARY: To bridge gap between current low volume vessel traffic to train replacement pilots for small Maine ports
PUBLIC HEARING: N/A
COMMENT DEADLINE: July 17, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Maine Pilotage Commission, attn.: Brian Downey, Administrator, c/o Maine DOT, 16 State House Station, Augusta, ME 04333. Telephone: (207) 899-7123. Email: Brian.Downey@marinecs.com .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
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. III Section 5, Ambulance Services
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P118
CONCISE SUMMARY: The Department proposes to amend ch. III section 5, "Ambulance Services", to comply with PL 2019 ch. 530 part B, An Act to Prevent and Reduce Tobacco Use with Adequate Funding and by Equalizing the Taxes on Tobacco Products and To Improve Public Health, by increasing the MaineCare reimbursement rate for ambulance services to a level that is not less than the average allowable reimbursement rate under Medicare for such services and to reimburse for neonatal transport services under MaineCare at the average rate for critical care transport services under Medicare effective retroactive to January 1, 2020.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: No public hearing is 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 in lieu of a public hearing.
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on July 17, 2020, and can be submitted by email, regular mail, or online at https://www.maine.gov/dhhs/oms/rules/proposed.shtml.
OMS CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, MaineCare Services, 11 State House Station - 109 Capitol Street, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-6106. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate this rulemaking will have an 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 45, Hospital Services
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P119
CONCISE SUMMARY: As directed by PL 2019 ch. 530, An Act to Prevent and Reduce Tobacco Use with Adequate Funding and by Equalizing the Taxes on Tobacco Products and To Improve Public Health, the Department is proposing the following changes:
1. Pursuant to sec. C-2, the Department proposes to establish two subsets of Private Acute Care Non-Critical Access Hospitals; rural hospitals and non-rural hospitals. The Department's proposed definition of "rural hospital" followed the Legislative directive so that the definition reflects the regional access to hospital care and the population density of the public health district in which the hospital is located. The proposed definition of a private acute care non-critical access "rural" hospital is a hospital, as reported on the hospital's Medicare cost report, which is either: a "Sole Community Hospital", OR a "Medicare -Dependent Hospital", OR is a hospital participating in the Medicare "Rural Community Hospital Demonstration". As required by the law, the following hospitals meet the "rural hospital" definition: Northern Light A.R. Gould Hospital in Presque Isle; Cary Medical Center in Caribou; Franklin Memorial Hospital in Farmington; Northern Light Inland Hospital in Waterville; Northern Light Maine Coast Hospital in Ellsworth; and Northern Maine Medical Center in Fort Kent.
2. Pursuant to Sec. C-2, the Department proposes to reimburse Private Acute Care Non-Critical Access Rural Hospitals at 100% of inpatient hospital- based physician costs, outpatient emergency room hospital- based physician costs, outpatient non-emergency room hospital-based physician costs and graduate medical education costs. Pursuant to Legislative directive and funding, this provision will be effective retroactive to January 1, 2020. The retroactive application of this provision is authorized pursuant to 22 MRS §42(8), which allows retroactive application where there is a benefit to a provider, as is the case with this rule.
3. Pursuant to Sec. C-2, the Department proposes to reimburse Private Acute Care Non-Critical Access Non-Rural Hospitals at 93.3% of inpatient hospital-based physician costs, 93.4% of outpatient emergency room hospital-based physician costs and 83.8% of outpatient nonemergency room hospital- based physician costs. Pursuant to Legislative directive and funding, this provision will be effective retroactive to January 1, 2020. The retroactive application of this provision is authorized pursuant to 22 MRS §42(8), which allows retroactive application where there is a benefit to a provider, as is the case with this rule.
4. Pursuant to Sec. C-3, the Department proposes to reimburse Acute Care Critical Access Hospitals for 100% for all hospital-based physician costs. Pursuant to Legislative directive and funding, this provision will be effective retroactive to January 1, 2020. The retroactive application of this provision is authorized pursuant to 22 MRS §42(8), which allows retroactive application where there is a benefit to a provider, as is the case with this rule.
The Department has submitted State Plan Amendment requests to CMS and anticipates approval of the SPA requests.
As directed by PL 2019 ch. 343, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund, and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years ending June 30, 2019, June 30, 2020, and June 30, 2021, Part A, Sec. 129, the Department is proposing the following change:
The Supplemental Pool for the Acute Care Critical Access Hospitals and also for Non-Critical Access Hospitals, Hospitals Reclassified to a Wage Area Outside Maine, and Rehabilitation Hospitals was increased.
In addition: The Department is proposing to clarify that each hospital's year, as used for the calculation, is the hospital's fiscal year that ended during calendar year 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: No public hearing is 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 in lieu of a public hearing.
PUBLIC NOTICE: June 17, 2020
COMMENT DEADLINE: Comments must be received by 11:59 p.m. on July 17, 2020.
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) 287-6106. 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.
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 4, Fees (page 23)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P120
BRIEF SUMMARY: In order to conform with state and federal law, this proposal increases the service fee for child support services from $25 to $35 annually for those individuals receiving at least $550 in support collected for the federal fiscal year. The annual service fee is for cases in which there has never been assistance under a state program. The service fee is to be retained from child support collected and deemed to be paid by the custodial parent. The amended rule will implement the adjusted service fee enacted by the 129th Maine Legislature (19-A MRS §2103 sub-§3-A (PL 2019 ch. 400 §1) and approved by the Governor on June 19, 2019. The amended rule also implements Section 53117 of Public Law 115-123, Modernizing child support enforcement fees, which amended Section 454(6)(b)(ii) of the Social Security Act to increase the annual collection fee from $25.00 to $35.00. The federal provision mandated compliance with the new fee requirements and had an effective date of October 1, 2018. The amended rule number, Rule 4(3), will remain unchanged.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: July 8, 2020
CONTACT PERSON FOR THIS FILING: Gregory J. Garneau, Staff Attorney, Department of Health and Human Services - Office for Family Independence - Division of Support Enforcement and Recovery, 109 Capitol Street - 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-6983. Fax: (207) 287-6883. TT Users Call Maine Relay - 711. Email: Gregory.J.Garneau@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
AGENCY: 17-229 - Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 305, Rules and Regulations Pertaining to Traffic Movement Permits
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2020-P121
BRIEF SUMMARY: This amendment to the rule will rescind and replace the current rules. The changes include updated definitions and sections added to the rule to provide for multi-modal trips and to address the developer review process. Included are updates providing general clarifications to the content of the rule.
PUBLIC HEARING: July 10, 2020 - 10:30 a.m.
Virtual Hearing to be held via Zoom: https://mainedot.zoom.us/j/94493912452?pwd=R1VJUU9pTDRsWlNVbnNrVm51NWdJUT09 . Meeting ID: 944 9391 2452. Password: 003024
Dial by your location:
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Please contact Dawn.Seagroves@Maine.gov if you would like the meeting link forwarded to you directly.
COMMENT DEADLINE: July 20, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stephen Landry, State Traffic Engineer, MaineDOT, 16 State House Station, Augusta, Maine 04333. Telephone: (207) 624-3632. Email: Stephen.Landry@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Negligible
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 .