me-2026-P225: 10-144 C.M.R. Ch. 112, Rules for the Licensing of Hospitals

Department of Health and Human Services, Division of Licensing and Certification CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Ch. 112, Rules for the Licensing of Hospitals TYPE OF RULE: Routine Technical PROPOSAL FILING NUMBER: 2026-P225 BRIEF SUMMARY: This rulemaking is proposed in response to a private citizen petition submitted on August 5, 2026, to the Division of Licensing and Certification to adopt or modify a rule. The petitioners provided the specific rule changes proposed here as a part of their petition. Under 5 M.R.S. § 8055(3), the Department of Health and Human Services (Department) is required to initiate rulemaking proceedings on the petitioners’ proposals within 60 days because the petition was signed by 150 or more registered voters. The petitioner, in an attachment to the petition, states that the rulemaking “implements [the] notice requirement” of 22 M.R.S. § 1822-B and describes the impact of the proposed rulemaking as follows: “It would add a new Section 5 to the Department's hospital licensing rules, 10-144 C.M.R. ch. 112, and establish, among other things: the required form and contents of each notification; the supporting documentation a hospital must submit to prove the requisite notifications were sent; a certification signed by the hospital administrator and chief medical officer attesting to the completeness and accuracy of the filing; and a Department verification procedure. It furthers patient protections by requiring hospitals to identify every affected patient, send clear notice of care disruptions, and prove delivery of that notice to the Department. The rule also clarifies how a materially deficient filing affects the running of the 120-day notice period, so that an incomplete notice cannot be used to start the clock toward a closure.” PUBLIC HEARING: Tuesday, 10/20/26, 10 am – 11:30 am, 41 Anthony Avenue, Augusta, ME COMMENT DEADLINE: Friday, 10/30/26, 5 pm CONTACT PERSON FOR THIS FILING: Jonathan Leach, Compliance Specialist 41 Anthony Ave., 11 SHS, Augusta ME 04330 (207) 441-4998 (207) 287-5807 Maine Relay 711 Jonathan.h.leach@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): No financial impact on municipalities or counties is expected. STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. § 42(1); 22 M.R.S. §§ 1816, 1817, 1820; and 22 M.R.S. § 1822-B SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): AGENCY WEBSITE: https://www.maine.gov/dhhs/about/rulemaking EMAIL ADDRESS FOR OVERALL AGENCY RULEMAKING LIAISON: Emily.A.Cathcart@maine.gov ADOPTIONS AGENCY NAME: Department of Environmental Protection CHAPTER NUMBER AND RULE TITLE: 06-096 C.M.R. Ch. 424, Solid Waste Management Rules: Lead Management TYPE OF RULE: Routine Technical RULE ACTION: Amendment of Existing Rule ADOPTION FILING NUMBER: 2026-207 CONCISE SUMMARY: This rulemaking updated Chapter 424’s dust-lead hazard standards (DLHS) and dust-lead clearance levels (DLCL) to reflect the federal rule revisions made by the U.S. Environmental Protection Agency (EPA) in November 2024. The EPA’s rule revisions reduced the level of lead in dust that the EPA considers hazardous to any reportable level measured by an EPA-recognized laboratory and lowers the amount of lead that can remain in dust on floors, windowsills, and window troughs following an abatement. The rulemaking also updated some definitions to align with the EPA’s 2024 rule revisions. Lastly, the rulemaking provided some general housekeeping to the rule (for example correcting grammar and clarifying citations) that does not substantively change the rule.

Effective Date

Sunday, September 27, 2026 AGENCY CONTACT PERSON: Name: John Bucci Agency Name: Department of Environmental Protection Mailing Address: SHS 17, Augusta, ME 04333-0017 Telephone Number: (207 ) 557-1194 TTY: (207) 287-7688 ext. 711 Email Address: john.a.bucci@maine.gov AGENCY NAME: Department of Health and Human Services, Office for Family Independence CHAPTER NUMBER AND RULE TITLE: 10-144 C.M.R. Ch. 332, MaineCare Eligibility Manual [Parts 2 and 6; MaineCare Rule #313A – Noncitizen Updates] TYPE OF RULE: Routine Technical RULE ACTION: Amendment of Existing Rule ADOPTION FILING NUMBER: 2026-208 CONCISE SUMMARY: The Department adopts routine technical changes to 10-144 C.M.R. Ch. 332; MaineCare Eligibility Manual to ensure compliance with Sections 1903(v)(5) and 2107(e)(1)(R) of the Social Security Act (SSA), as amended by § 71109 of the Budget Reconciliation Act of 2025 (P.L. 119-21), effective October 1, 2026. The adopted rule updates Part 2, by eliminating eligibility for some noncitizens in order to align with federal law cited above. Part 2, Section 5 is updated to clarify expectations for reporting of Social Security numbers. Part 2 is also updated to align with federal changes to 42 C.F.R. § 435.407 concerning documentation requirements for U.S. citizens and U.S. nationals. In addition, the adopted rule changes Part 6, Section I, by eliminating “They are automatically eligible for Medicaid unless they refuse to assign their rights to medical payments (see Part 2, Section 6) for medical care or are ineligible due to Medicaid Qualifying Trust rules (see Appendix H).” Further, the adopted rule makes non-substantive changes to correct typographical errors, improve readability and provide clarifying language for readers, participants, and Department staff. The Department determined non-substantive changes were necessary to the final rule to correct formatting and spacing issues. In addition, a change in sentence structure has been corrected in the final rule to create clarity for readers. The final rule is consistent in substance with the rule that was proposed. The following changes have been made to the final rule: Part 2, Section 2: A comma was added to “Once the Department has determined that an individual meets the criteria of one or more coverage groups, possible assistance units for each coverage group are identified.” Part 2, Section 3.1: III(A) is updated to “It begins the date after the member receives notice informing them that they need to provide documentation of citizenship, national status, or satisfactory immigration status. The date the notice is received is 5 days after the date on the notice.” Part 2, Section 3.2: III(B)(2)(b) – comma added to “evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975, and the individual’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or” III(B)(2)(c) – comma added to “evidence of continuous domicile in the NMI since before January 1, 1974, and the individual’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).” IV(K) has been updated to “Finding of identity from a federal or state governmental agency. The Department may accept a finding of identity from a federal agency or another state agency as proof of identity (not described in Section 3.2 paragraph IV(I), including but not limited to a public assistance, law enforcement, internal revenue or tax bureau, or corrections agency, if the federal agency or other state agency verified and certified the identity of the individual.”

Effective Date

Thursday, October 1, 2026 AGENCY CONTACT PERSON: Name: Adam Hooper, MaineCare Program Manager Agency Name: DHHS – Office for Family Independence Mailing Address: 109 Capitol Street, Augusta, ME 04333-0011 Telephone Number: (207) 441-4916 Email Address: Adam.Hooper@maine.gov AGENCY NAME: Department of Agriculture, Conservation, and Forestry, Maine Milk Commission CHAPTER NUMBER AND RULE TITLE: 01-015 C.M.R. Ch. 3, Schedule of Minimum Milk Prices [Order #10-26] TYPE OF RULE: Routine Technical RULE ACTION: Repeal and Replacement of Existing Rule ADOPTION FILING NUMBER: 2026-209 (Emergency Rule) CONCISE SUMMARY: The Minimum October 2026 Class I price is $23.98/cwt. plus $1.65/cwt. for Producer Margins, an over-order premium of $1.04/cwt as prevailing in Southern New England, and a $0.47/cwt. handling fee, for a total of $27.34/cwt., which includes a $0.20/cwt Federal promotion fee.

Effective Date

Sunday, October 4, 2026 AGENCY CONTACT PERSON: Name: Julie-Marie Bickford Agency Name: Maine Milk Commission Mailing Address: SHS 28, Augusta, ME 04333-0028 Telephone Number: (207) 287-7521 Email Address: julie-marie.bickford@maine.gov AGENCY NAME: Department of Education CHAPTER NUMBER AND RULE TITLE: 05-071 C.M.R. Ch. 115, Credentialling of Education Personnel TYPE OF RULE: Major Substantive RULE ACTION: Amendment of Existing Rule ADOPTION FILING NUMBER: 2026-210 CONCISE SUMMARY: Resolve 2024, Chapter 137 required the State Board of Education to revise the rule in alignment with their report pursuant to Resolve 2023, Chapter 54 The revision of this rule will update the requirements for the credentialing and licensing of education personnel. Resolve 2026, Chapter 160 authorized the State Board of Education to move forward with final adoption of the amendment notwithstanding that the filing period for written statements and arguments concerning the proposed rule closed 9 days after the public hearing if the following four changes were incorporated to the final version: In the rule Part II: Requirements for Specific Certificates and Endorsements, Section 1: Teachers and Educational Specialists: General Certificates and Endorsements, a new Section 1.19 establishing a Mathematics Specialist Certificate is added; In the rule Part II: Requirements for Specific Certificates and Endorsements, Section 2.1: Endorsement 282: Teacher of Children with Disabilities, the grade level specifications of birth to school age 5, preschool through grade 8 and grades 6 through 12 are established; 3. In the rule Part II: Requirements for Specific Certificates and Endorsements, Section 2.1: Endorsement 282: Teacher of Children with Disabilities, a transitional pathway is added to allow holders of an endorsement 282 with a grade span inclusive of kindergarten to earn an endorsement 282 with a grade span inclusive of preschool and elementary grades without the need for additional coursework; and 4. Any existing certificate or endorsement established for grades 7 through 12 is amended to grades 6 through 12. These amendments have been incorporated into the final version of the rule.

Effective Date

Sunday, October 25, 2026 (Major Substantive Rule) AGENCY CONTACT PERSON: Name: Laura Cyr Agency Name: Education Mailing Address: 23 SHS, Augusta Maine 04989 Telephone Number: 207-446-8791 Email Address: laura.cyr@maine.gov