• NOTICE OF AGENCY RULEMAKING

Public Input for Proposed Rules
Notices are published each Wednesday to alert
the public regarding state agency rule-making.
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 rule-making if the petition is
signed by 150 or more registered voters, and
may begin rule-making 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
ยง11112). 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 rule-making liaisons
(http://www.maine.gov/sos/cec/rules/liaisons.ht
ml), who are single points of contact for each
agency.
PROPOSALS
AGENCY: 02-032 - Department of
Professional and Financial Regulation (PFR),
Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 536,
Securities Manuals
PROPOSED RULE NUMBER: 2017-P035
BRIEF SUMMARY: The proposed amendment
to Office of Securities Rules Ch. 536 would
remove Standard & Poor's from the list of
"nationally recognized securities manuals" for
use with Section 16202(2)(D) of the Maine
Uniform Securities Act because the manual is
no longer in publication. Additionally, the
Office proposes to add OTCQX and OTCQB
electronic markets to the list of nationally
recognized securities manuals. The text of the
proposed rule and the notice of rulemaking may
be found at the Office's website:
www.investors.maine.gov .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: Written comments
must be received no later than 4:30 p.m. on
Wednesday, May 24, 2017 and should be
addressed to: Judith M. Shaw, Securities
Administrator, 121 State House Station,
Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING /
SMALL BUSINESS INFORMATION: Judith
M. Shaw, Administrator, Maine Office of
Securities, 121 State House Station, Augusta,
ME 04333-0121. Telephone: (207) 624-8551.
E-mail: Judith.M.Shaw@Maine.gov .
SMALL BUSINESS IMPACT STATEMENT:
This amendment would not have a measurable
impact on small businesses.
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 80, Pharmacy Services
PROPOSED RULE NUMBER: 2017-P036
CONCISE SUMMARY: This rule-making
contains different components, each of which is
outlined below:
Prescribing Opioids for Pain Management
This proposed rule-making includes the
addition and implementation of a new
sub-section for prescribing opioids for pain
management to align with the Department's
Office of Substance Abuse and Mental Health
Services rules governing the Controlled
Substances Prescription Monitoring Program
and Prescription of Opioid Medications. See
14-118 Ch. 11. This section offers a balanced
approach to pain management that includes
recommendations for using opioids when
appropriate, such as with acute injuries and
flare ups, for postoperative pain management,
and during painful procedures; and
recommending multimodal therapies in general
for all chronic pain patients. The rule sets out
prescriber requirements, limitations, and
exemptions that comply with state and federal
laws, and provides guidelines for prior
authorizations and medical records
requirements.
Buprenorphine and Buprenorphine
Combination Products for Substance Use
Disorder
This proposed rulemaking adds a new
sub-section to this section providing MaineCare
rules and guidelines for office-based
prescribing of buprenorphine and
buprenorphine-combination medications. The
section provides best practices guidelines for
Medication Assisted Treatment using
buprenorphine and derivatives for members
who have been diagnosed with Substance Use
Disorder (SUD). Prescriber requirements,
member requirements, detailed protocols,
limitations on members qualified to receive the
drug, rules regarding prior authorization,
clearly defined maximum daily dosages, as
well as requirements for medical records are
defined and follow the model established by the
Drug Addiction Treatment Act of 2000 (DATA).
CMS Outpatient Drug Rule
This proposed rule-making helps align Maine
Medicaid policy with the CMS Covered
Outpatient Drug final rule. This rule-making
updates the reimbursement methodology for
covered outpatient drugs and also updates the
pharmacy dispensing fee from to $3.35 to
$11.89 following the New England States
Consortium Systems Organization (NESCSO)
pharmacy cost of dispensing survey.
In adding the new requirements and additions
to Section 80, the Department has also
incorporated a few minor changes to the rule,
including but not limited to: adding to and
updating the definitions section and updating
formatting and numbering as a result of the
changes mentioned above.
See
http://www.maine.gov/dhhs/oms/rules/index.sht
ml for rules and related rule-making
documents.
PUBLIC HEARING: Monday, May 8, 2017 -
9:00 a.m., Conference Room 209B, Augusta
Armory, 179 Western Avenue, Augusta, ME
04330. The Department requests that any
interested party requiring special arrangements
to attend the hearing contact the agency person
listed below before April 28, 2017.
DEADLINE FOR COMMENTS: Comments
must be received by 11:59 p.m. on May 18,
2017.
AGENCY CONTACT PERSON / SMALL
BUSINESS INFORMATION: Thomas M.
Leet, Comprehensive Health Planner II,
MaineCare Services, 242 State Street, 11 State
House Station, Augusta, Maine 04333-0011.
Telephone: (207) 624-4068. Fax: (207)
287-1864. TTY: 711 (Deaf or Hard of Hearing).
E-mail: Thomas.Leet@Maine.gov .
IMPACT ON MUNICIPALITIES OR
COUNTIES: The Department anticipates that
this rule-making will not have any 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. II &
III Section 93, Opioid Health Home Services
PROPOSED RULE NUMBER: 2017-P037
CONCISE SUMMARY: The proposed rule
establishes the MaineCare Opioid Health Home
(OHH) Services program for addressing the
opioid crisis in Maine. The OHH initiative is an
innovative model providing comprehensive,
coordinated care focused on serving the
MaineCare population. In addition to
expanding primary care access to treatment for
an individual's substance abuse dependency,
the OHH integrates physical, social, and
emotional supports to provide holistic care. The
model provides a community-based support
system focused on team-based clinical care.
The OHH team model involves a range of
qualified staff, including a Clinical Team Lead,
Medication Assisted Therapy (MAT) prescriber,
Nurse Consultant, Licensed Alcohol and Drug
Counselor, Certified Clinical Supervisor, and
Peer Recovery Coach. It is expected that this
newly established OHH program will not only
result in more individuals receiving the
substance abuse treatment they need, but will
also lead to improvements in the quality of care
they are receiving. OHH services are optional,
and members can choose to receive the services
from any OHH.
See
http://www.maine.gov/dhhs/oms/rules/index.sht
ml for rules and related rule-making
documents.
PUBLIC HEARING: Monday, May 8, 2017 at
9:00 a.m., Marquardt Building, 32 Blossom
Lane, Room #118, Augusta, ME 04330. The
Department requests that any interested party
requiring special arrangements to attend the
hearing contact the agency person listed below
before May 1, 2017.
COMMENT DEADLINE: Comments must be
received by 11:59 p.m. on May 18, 2017.
AGENCY CONTACT PERSON / SMALL
BUSINESS INFORMATION: Anne Labonte
Perreault, Comprehensive Health Planner,
Division of Policy, 242 State Street, 11 State
House Station, Augusta, Maine 04333-0011.
Telephone: (207) 624-4082. Fax: (207)
287-1864. TTY users call Maine relay 711.
Anne.Labonte-Perreault@Maine.gov .
IMPACT ON MUNICIPALITIES OR
COUNTIES: The Department anticipates that
this rule-making will not have any impact on
municipalities or counties.
AGENCY: 10-148 - Department of Health &
Human Services (DHHS), Maine CDC -
Children's Licensing and Investigations
Program
CHAPTER NUMBER AND TITLE: Ch. 33,
Rule for the Licensing of Family Child Care
Providers
PROPOSED RULE NUMBER: 2017-P038
BRIEF SUMMARY: The proposed changes
repeal and replace the Rules for the
Certification of Family Child Care Providers
and refocus, clarify and streamline minimum
health and safety standards for the licensing of
family child care providers, who are licensed to
care for children in their own homes. They
include removing obsolete definitions, while
adding and clarifying other definitions for
terms necessary for the rule; streamlining and
clarifying requirements for license applications;
clarifying the Department's inspection and
investigation procedures of licensed family
child care providers; unifying and streamlining
record-keeping requirements into one section;
changing staff/child ratios, by allowing family
child care providers to exclude their own
children from the staff/child ratio calculation;
reframing the order and language of the rule to
more clearly describe provider licensing
responsibilities; clarifying requirements for
providers caring for children in swimming and
wading settings; and increasing transparency in
the enforcement process, by more clearly
describing each step involved. The Department
eliminated requirements for personal
references, allowed providers to count first aid
and CPR training in annual training hours
required, eliminated the provisional license,
reduced the number of fire drills required, and
eliminated the drafting of specific policies that
extended beyond baseline health and safety
requirements.
PUBLIC HEARING: Monday, May 8, 2017 - 9
a.m., Augusta Armory, 179 Western Avenue,
Augusta, ME
COMMENT DEADLINE: 5:00 p.m., May 18,
2017
CONTACT PERSON FOR THIS FILING:
Jonathan Leach, 286 Water Street, 11 State
House Station, Augusta, ME 04333-0011.
Telephone: (207) 287-9395. E-mail:
Jonathan.H.Leach@Maine.gov .
FINANCIAL IMPACT ON
MUNICIPALITIES OR COUNTIES: These
rule changes pose no fiscal impact to counties
or municipalities.
AGENCY: 18-125 - Department of
Administrative and Financial Services
(DAFS), Bureau of Revenue Services
(Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch.
104, Filing of Maine Tax Returns
PROPOSED RULE NUMBER:
2017-P039
BRIEF SUMMARY: MRS is proposing
to amend Rule 104 ("Filing of Maine Tax
Returns"). The rule is being amended to
include electronic filing requirements for
preparers of real estate transfer tax
declarations.
PUBLIC HEARING: none
COMMENT DEADLINE: May 19, 2017
CONTACT PERSON FOR THIS FILING
/ SMALL BUSINESS INFORMATION:
David Ledew, Maine Revenue Services,
P.O. Box 9106, Augusta, Maine
04332-9106. Telephone: (207) 624-5600.
E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR
COUNTIES: The rule changes will
impact municipalities in that necessary
information on sales of property will be
available more quickly after the sales than
currently. The rule impact counties by
requiring more real estate transfer tax
declarations to be filed electronically.
Generally, this will streamline the process
and make things easier for the county
registries of deeds.
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
rule-making 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 .
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