JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 16, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Kathleen G. Sgambati (Alt.)

Alida I. Millham

Matthew S. Houde (Alt.)

Laurie J. Boyce (Alt.)

Betsi DeVries (Alt.)

Kathleen N. Taylor (Alt.)

Michael Downing (Alt.)

Kimberley S. Casey (Alt.)

Sharon M. Carson (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (Alt.)

 

 

 

The times and order specified for the agenda and items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.    9:00 am    Convene and Review Minutes

  8.  11:00 am    FP 2009-28 Plu

 

  9.  11:15 am    FP 2009-56 Rev

Consent Agenda

10.  11:30 am    FP 2009-67 Rea

2.    9:05 am    Final Proposals

11.  11:45 am    FP 2009-64 Ban

3.    9:10 am    Objection Responses

12.    1:00 pm    LUNCH BREAK

4.    9:12 am    Preliminary Objections

 

 

Other Business

Regular Agenda

13.    2:00 pm    Other

5.    9:13 am    Postpone Items

 

6.    9:15 am    INT 2009-15 He-W, FP's 2009-60 & 39

 

                      He-M, & 2009-59 He-P, & ER He-W

 

7.  10:45 am    FP 2009-78 Puc

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1.   Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

CONSENT AGENDA

 

2.   Committee Approval of Final Proposals:

 

 

(a)  FP 2009-20

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Home Rate-Setting and Certification for Payment Standards for Foster Care Services

(JLCAR Deadline August 17, 2009.)

 

 

(b)  FP 2009-27

Approval

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Revocation, Suspension and Other Sanctions

(JLCAR Deadline August 3, 2009.)

 

 

(c)  FP 2009-71

Approval

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

School Operational Requirements

(JLCAR Deadline July 27, 2009.)

 

 

(d)  FP 2009-75

Approval

INSURANCE DEPARTMENT

Valuation of Life Insurance Policies

(JLCAR Deadline August 7, 2009.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4.   Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

Conditionally Approved June 19, 2009:

 

FP 2009-41

INSURANCE DEPARTMENT

Third Party Administrators

(Response received 7-1-09 and confirmed 7-2-09.)

 

 

FP 2009-51

INSURANCE DEPARTMENT

Standard Wellness Plan Rate and Form Filing Standards

(Response received 7-1-09 and confirmed 7-1-09.)

 

 

FP 2009-36

DEPARTMENT OF CORRECTIONS

Operation and Management of Correctional Department Activities

(Response received 6-24-09 and confirmed 6-24-09.)

 

Conditionally Approved June 26, 2009:

 

FP 2009-53

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Clinical Records

(Response received 7-2-09 and confirmed 7-6-09.)

 

FP 2009-50

BOARD OF HOME INSPECTORS

Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards and Standards of Conduct

(Response received 7-7-09 and confirmed 7-7-09.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2009-15

Approval

Former Division of Human Services

State Children’s Health Insurance Program Premiums

(JLCAR Deadline October 7, 2009.  Interim rule implements Chapter 144:25, Laws of 2009 (HB 2), effective July 1, 2009.)

 

 

(b)  FP 2009-60

Postponed to 8/20/09 Regular Meeting

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline July 20, 2009.)

(Formerly Item 16(c) on 6-19-09 and 6-26-09 agendas.)

 

 

(c)  FP 2009-39

Approval with Recommendation

Former Division of Mental Health and Developmental Services

Medical and Psychiatric Emergencies.

(JLCAR Deadline July 20, 2009.)

(Formerly Item 16(d) on 6-19-09 agenda.)

 

 

(d)  FP 2009-59

Conditional Approval

Former Division of Public Health Services

Home Care Service Providers

(JLCAR Deadline July 20, 2009.)

(Formerly Item 16(e) on 6-19-09 agenda.)

 

 

(e)  Discussion on emergency rule effective June 30, 2009:

No Further Action

 

 

Doc. #9499

Former Division of Human Services

Eligibility for Adult Category Medical Assistance for Home and Community-Based Care

 

 

7.   FP 2009-78

Approval

PUBLIC UTILITIES COMMISSION

Net Metering for Customer-Owned Renewable Energy Generation Resources of 100 Kilowatts or Less

(JLCAR Deadline August 17, 2009.  Former interim rule expired July 11, 2009.)

 

 

8.   FP 2009-28

Conditional Approval

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Renewal, Continuing Education, Reinstatement, Ongoing Requirements

(JLCAR Deadline August 13, 2009.)

 

 

9.   FP 2009-56

Conditional Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax

(JLCAR Deadline August 17, 2009.)

 

 

10. FP 2009-67

Conditional Approval

REAL ESTATE COMMISSION

Programs of Study Accreditation and Re-accreditation

(JLCAR Deadline August 17, 2009.)

 

 

11. FP 2009-64

Preliminary Objection

BANKING DEPARTMENT

Collateralization of Public Deposits

(JLCAR Deadline August 10, 2009.  Former interim rule expired December 21, 2008.)

 

 

12  LUNCH BREAK

 

 

OTHER BUSINESS

 

13. Other