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). 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.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-19
PROPOSED RULE NUMBER: 2019-P008
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: February 21, 2019, Thursday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: February 21, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MC Rule #290P (Medicaid Expansion): Part 3, Eligibility Groups Requirements; and Part 4, Budgeting - MAGI
PROPOSED RULE NUMBER: 2019-P009
BRIEF SUMMARY: This proposed rule change implements the MaineCare expansion as set forth in 22 MRS §3174-G(1)(H), which was enacted through a citizens' initiative on November 7, 2017 (the "Expansion Act"). The Expansion Act requires the Department to provide covered MaineCare services to adults ages 19 through 64 who satisfy the eligibility requirements as set forth more specifically below and in the MaineCare Eligibility Manual (the "Expansion Population"). The Expansion Act requires the Department to submit a State Plan Amendment ("SPA") to the Centers for Medicare and Medicaid Services ("CMS") and engage in rulemaking to implement coverage for the Expansion Population.
Refer to the Fact Sheet filed with this proposed rule for background regarding the Expansion Act litigation. The rule updates Parts 3 and 4 of the MaineCare Eligibility Manual to establish an eligibility category for adults age 19 through 64 who meet the following requirements: are not pregnant; are not eligible for or currently receiving Medicare Part A or Medicare Part B; are not otherwise eligible for Medicaid in the State of Maine; and have income less than or equal to 133% of the federal poverty level ("FPL"). The rule also distinguishes between two types of parent/caretaker relatives: those with income under 133% FPL who do not meet the current qualifications for parent/caretaker relatives under Part 3, Section 2.2; and those with income between 100-133% FPL who do meet the qualifications for parent/caretaker relatives under Sec. 2.2. The Department makes this distinction for purposes of receipt of the proper amount of federal matching funds. Pursuant to 42 CFR 435.119(c), if a parent/caretaker relative has a dependent child living in the home under the age of 21, the child must be receiving benefits under Medicaid, CHIP or otherwise be enrolled in minimum essential health coverage as defined in 42 CFR §435.4.
The referendum provides authority to adopt rules on an emergency basis if necessary to implement the program in a timely manner. Pursuant to 5 MRS §8054, the Department filed emergency rulemaking on January 18, 2019, which is effective for 90 days, to implement the Expansion Act as soon as possible, particularly given the background of litigation as set forth in the Fact Sheet. The Department proposes these rule changes to further implement the Expansion Act, which shall be finally adopted in advance of the expiration of the emergency rule.
Individuals who are eligible and who applied for coverage between July 2, 2018 and January 2, 2019, may be eligible for coverage back to the first day of the month of application, and if requested up to three months retroactive, but no earlier than July 2, 2018.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, February 25, 2019, at 1:00 p.m. in Room 103A/B in the Burton M. Cross Building, 111 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: Midnight, March 11, 2019
CONTACT PERSON FOR THIS FILING: Jessica Drenning, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay - 711. Email: Jessica.Drenning@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 .
