RULEMAKING

Public Input for Proposed 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 (Title 5 §8055). 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: 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. II & III Section 45, Hospital Services PROPOSED RULE NUMBER: 2017-P073 CONCISE SUMMARY: This proposed rule provides for the following changes: - An update to reporting requirements for Acute Care Critical Access Hospitals and Private Psychiatric Hospitals to reflect current reporting requirements; - The addition of separate reimbursement for Long Acting Reversible Contraceptives (LARCs) when the device is inserted during the postpartum inpatient hospital stay; - An expansion of the definition of Discharge to include inpatient maintenance chemotherapy as an exception to the fourteen-day (14) readmission protocol; - The requirement for providers to submit mapping documents to aid in payment methodology calculations; - An adjustment requiring payment of 100% in the event of a hospital overpayment; - The addition of the payment window rule requiring hospitals or entities wholly-owned or wholly-operated by a hospital, to bill the technical component of outpatient services provided within a 3-day (or 1-day) window preceding inpatient admission on the inpatient claim; - Establishing a modifier to identify and pay non-excepted items and services of off-campus hospital outpatient provider-based departments (PBDs); - A clarification to the out-of-state hospitals section clarifying that laboratory and imaging outpatient services reimbursement shall not exceed the 100% of Medicare reimbursement rate for the Maine area '99; - Terminology and references updates; and - Minor language editing for clarification purposes. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: Monday, July 10, 2017 at 9:00 a.m., Marquardt Building - Room #118, 32 Blossom Lane, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Monday, July 3, 2017. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on July 20, 2017. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Anne Labonte Perreault, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Anne.Labonte-Perreault@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties. AGENCY: 02-313 - Maine Board of Dental Practice (Affiliated with the Department of Professional and Financial Regulation - PFR) CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education PROPOSED RULE NUMBER: 2017-P074 BRIEF SUMMARY: This effort is a complete repeal and replace of the existing Board rule and proposes changes as follows: - Eliminates categories of continuing education activities. - Identifies required areas of study as a condition for dentists to prescribe opioids. - Identifies required areas of study as a condition for dentists to hold a sedation permit. - Clarifies requests for "Inactive Status" and requirements to return to active practice. - Clarifies eligible continuing education activities such as online courses and webinars. - Increases the number of hours required for renewal of denturist licensure from 20 to 30 biennially. - Requires faculty licensees to complete continuing education as a condition to renew. - Clarifies the continuing education audit process. - Clarifies the documentation requirements. PUBLIC HEARING: July 14, 2017 at 1:00 p.m., Maine Board of Dental Practice - Conference Room, 161 Capitol Street, Augusta, ME COMMENT DEADLINE: July 26, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY 711. Email: Penny.Vaillancourt@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS) CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan PROPOSED RULE NUMBER: 2017-P075 BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule provide more flexibility to local districts that participate in the plan in terms of the benefits that can be elected for the district's employees. Each district contributes to the plan based on benefits elected. PUBLIC HEARING: None COMMENT DEADLINE: July 28, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, Maine 04332-0349. Telephone: 1-800-451-9800 or (207) 512-3108. Fax: (207) 512-3282. Email: Kathy.Morin@mainepers.org . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 90-590 - Maine Health Data Organization (MHDO) PROPOSED RULE NUMBER: 2017-P076 CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets BRIEF SUMMARY: The proposed changes contain clarifications, additions and deletions that will improve the content and value of the MHDO hospital encounter data for authorized data users. MHDO is aware of the challenges created for the hospitals when changes are made to the MHDO file layout. Therefore, we have minimized the disruption of the proposed changes in the layout by ensuring that most of the changes occur at the end of a record type. Lastly, several of the proposed changes align with updates to the national standards and the MHDO's new data submission process. Copies of these proposed rules can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/rules.htm or, to receive a paper copy call (207) 287-6722. PUBLIC HEARING: July 13, 2017, at 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MHDO RULEMAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov . COMMENT DEADLINE: July 24, 2017 at 5:00 p.m. IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses. 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 .