Calendar of Events/Hearing Notices
CALENDAR
September 2005
Delaware River Basin Commission
NOTICE OF PUBLIC HEARING
The Delaware River Basin Commission will hold a public hearing and business meeting on Monday, September 26, 2005 at 10:00 a.m. at the Commission’s offices, 25 State Police Drive, West Trenton, New Jersey. For more informations contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.
department of agriculture
Office of the Secretary
NOTICE OF PUBLIC HEARING
Pursuant to 29 Del.C. §10115, I hereby recommend the proposed amendments to the certification regulations to be posted in the Register of Regulations.
Synopsis: Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. As required by the regulations, certain continuing education credits are needed in order to maintain certification. The proposed changes reduce the required credits in order to maintain consistency with recertification requirements from regional programs.
Comments on the proposed changes will be accepted from September 1, 2005 until October 11, 2005. Any comments should be provided to William Rohrer, Program Administrator. A hearing for the proposed regulations will be conducted at the Delaware Department of Agriculture on October 11, 2005 at 7:00 p.m.
Ammendments: Paragraph 7.0, reference 1200 Nutrient Management, 1201 Nutrient Management Certification Regulations.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting on Thursday, September 15, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
department of health and social services
Division of Public Health
PUBLIC NOTICE
4462 Public Drinking Water Systems
These proposed regulations, "Regulations Governing Public Drinking Water Systems," will replace by revision the current "Regulations Governing Public Drinking Water Systems," previously adopted May 14, 1971 and most recently amended July 10, 2003.
NATURE OF PROCEEDINGS
The Department is proposing amendments to the Regulations Governing Public Drinking Water Systems. The Department originally published proposed amendments to these regulations in the July 1, 2005 Register of Regulations and due to additional amendments is now re-proposing these regulations in the September 1, 2005 Register of Regulations. A summary of those amendments and amended regulations are attached below.
NOTICE OF PUBLIC HEARING
The Office of Drinking Water, under the Division of Public Health, Department of Health and Social Services (DHSS), will hold a public hearing to discuss proposed revisions to the “State of Delaware Regulations Governing Public Drinking Water Systems.” The public hearing will be held on September 29, 2005 at 1:00 p.m. in the Public Health Preparedness Training Center, Suite 4F, Blue Hen Corporate Center, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for review by calling the following location:
Office of Drinking Water
Blue Hen Corporate Center, Suite 203
655 Bay Road
Dover, DE 19901
Telephone: (302) 741-8630
Anyone wishing to present his or her oral comments at this hearing should contact Mr. David Walton at (302) 744-4700 by September 28, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by September 30, 2005 to:
David Walton, Hearing Officer
Division of Public Health
417 Federal Street
Dover, DE 19901
Fax 302-739-6659
Division of Public Health
PUBLIC NOTICE
4469 Regulations Governing a Detailed Plumbing Code
Nature of the Proceedings
Pursuant to 16 Delaware Code, Sections 122 and 7906, the Department of Health and Social Services is proposing to rescind the current “State of Delaware Regulations Governing a Detailed Plumbing Code” previously adopted on May 11, 2001, and replace it with an updated version incorporating the 2003 International Plumbing Code.
Notice of Public Hearing
The Health Systems Protection Section, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed Regulations Governing a Detailed Plumbing Code. The public hearing will be held on September 21, 2005 at 10:00 a.m. in the Third Floor Conference Room of the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.
Copies of the proposed regulations are available for review by calling the following locations:
Environmental Health Field Services
Kent County Sussex County
805 River Road 544 South Bedford Street
Dover, DE 19901 Georgetown, DE 19947
Telephone: (302) 739-5305 Telephone: (302) 856-5496
Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by September 20, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by September 30, 2005 to:
David P. Walton, Hearing Officer
Division of Public Health
417 Federal Street
Dover, Delaware 19901
Fax # (302) 739-6659
Division of Medicaid and Medical Assistance
PUBLIC NOTICE
Medicare Part D Prescription Drug Program
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid & Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) to implement the Medicare Part D Prescription Drug Program.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy & Program Development Unit, Division of Medicaid & Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGES
Statutory Authority:
New Pre-Print State Plan Pages
Background
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) established the Medicare Prescription Drug Program, also known as Medicare Part D, making prescription drug coverage available to individuals who are entitled to receive Medicare benefits under Part A or Part B, beginning on January 1, 2006.
The MMA also established the Low-Income Subsidy (LIS) to assist individuals who have low-income and resources with payment of the premiums, deductibles, and co-payments required under Part D, which began on July 1, 2005.
Effective January 1, 2006, Medicaid beneficiaries who are entitled to receive Medicare benefits under Part A or Part B will no longer receive their pharmacy benefits under the State Medicaid Program, except for excluded drugs. States are required to submit State Plan Amendments that ensure State Medicaid Program pharmacy benefits are consistent with the requirements under Part D.
Given that Medicare is the primary payor with respect to Part D drugs for full-benefit dual eligible individuals, states will continue to receive Federal Financial Participation (FFP) for the payment of the deductible and coinsurance for Medicare Part A and Part B drugs.
Division of Medicaid and Medical Assistance
PUBLIC NOTICE
Title XIX Medicaid State Plan Inpatient Hospital Services
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid & Medical Assistance is proposing to amend the Title XIX Medicaid State Plan regarding the reimbursement cycle and the payment methodology for inpatient hospital services.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy & Program Development Unit, Division of Medicaid & Medical Assistance, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGES
Title of Regulation
Methods and Standards for Establishing Payment Rates – Inpatient Hospital Care
Statutory Authority
42 CFR, Subpart C – Payment for Inpatient Hospital and Long-Term Care Facility Services
Amending the Following State Plan Pages
Attachment 4.19-A, Pages 1 and 3
Summary of Proposal
This regulatory action proposes to amend the reimbursement methodology for inpatient hospitals with two (2) changes regarding the: 1) reimbursement cycle and, 2) interim outlier payment methodology.
Reimbursement Cycle
Effective July 1, 2006, the proposed amendment would revise state plan language changing the reimbursement cycle for hospital payments from a twelve (12) month period to a fifteen (15) month period.
Interim Outlier Payment Methodology
Effective January 1, 2006, the proposed amendment revises the methodology for determining payment for high cost outliers. An interim payment will be made for that inpatient stay when the client’s charges have reached twenty-five (25) times the general discharge rate of that facility, or when the client’s stay is greater than sixty (60) days. Additional interim payments will be made when either of the outlier conditions for an interim payment is met again.
Division of Social Services
PUBLIC NOTICE
Delaware's Temporary Assistance for Needy Families Employment and Training
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the Division of Social Services Manual (DSSM) regarding changes to Delaware's Temporary Assistance for Needy Families (TANF) Employment and Training policies.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy & Program Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGE
Citation
Senate Bill 101, 140th General Assembly: Delaware Welfare Reform Education and Training Assistance Act
Summary of Proposal
Senate Bill 101, effective July 2, 1999, allows participants in Delaware's Temporary Assistance for Needy Families (TANF) program to engage in secondary education, post-secondary education, and vocational training as part of the work activity requirement. The participants in this program must be enrolled as full-time students, must be students in good standing, and will be required to have a combination of credit hours and work hours equaling at least 20 hours per week while they are in school. Participants must attend accredited or approved programs and will receive the same support services while in school, such as child care and transportation, as do other TANF participants. By enabling TANF participants to pursue secondary education, post-secondary education, and vocational training, Delaware will create a workforce that is more financially stable and less likely to need public assistance again, while at the same time increasing its tax revenue as these same people earn higher wages. This is a correction to the previously published policy which increased the minimum combination of credit hours and work to 25 hours.
department of natural resources and environmental control
Division of Water Resources
REGISTER NOTICE
SAN #2003-03
TITLE OF THE REGULATIONS:
Regulations Governing Storm Water Discharges Associated with Industrial Activities
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
The Department of Natural Resources and Environmental Control, Surface Water Discharges Section, is proposing to reissue the Regulations Governing Storm Water Discharges Associated with Industrial Activities. The regulations are required to be reissued once every five years, expanding the existing regulations in place to include all current federal requirements for discharges of storm water associated with industrial activities.
Two major revisions are: (1) a conditional "no exposure" exclusion that allows facilities with industrial materials and activities entirely sheltered from storm water a simplified way to comply with the permitting requirements by submitting a "No Exposure" certification form for exclusion from monitoring and storm water plan requirements in their permits; and (2) benchmark monitoring which requires facilities with a high potential to discharge a pollutant at concentrations of concern to conduct semi-annual analytical monitoring of storm water samples for comparison with benchmark monitoring concentration values used for indications of potential impairment of water quality in water bodies receiving the storm water discharge.
NOTICE OF PUBLIC COMMENT:
The Department of Natural Resources and Environmental Control will hold a public hearing on September 29th, 2005 at 6 PM in the DNREC Auditorium, 89 Kings Highway the Richardson & Robbins Building in Dover, to receive comments on proposed amendments to the Regulations Governing Storm Water Discharges Associated with Industrial Activities. Comments regarding the General Permit Program should be sent in writing to Amber Moore, Surface Water Discharges Section, Division of Water Resources, DNREC, 89 Kings Highway, Dover, DE 19901. Comments regarding construction activities should be sent in writing to Elaine Webb, Sediment and Stormwater Program, Division of Soil and Water, DNREC, 89 Kings Highway, Dover, DE 19901.
PREPARED BY:
Amber N. Moore (302) 739-9946, August 10, 2005
department of state
Division of Professional Regulation
3500 Board of Examiners of Psychologists
The Delaware Board of Examiners of Psychologists in accordance with 24 DelC. §3506(a)(1) has proposed changes to Regulation 6 of the Board’s rules and regulations regarding Evaluation of Credentials. Specifically, the proposal amends regulation 6.1 and the subsections therein to conform to the American Psychological Association requirements for accreditation.
A public hearing will be held on October 3, 2005 at 9:30 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Examiners of Psychologists. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
Public Service Commission
PUBLIC NOTICE OF PROPOSED AMENDMENTS TO THE PUBLIC SERVICE COMMISSION’S
“RULES FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES”
In 2001, the Public Service Commission ("PSC ") adopted “Rules for the Provision of Telecommunications Services” (“Telecom Rules”) to govern its regulatory oversight of telecommunications carriers operating within Delaware. Those Rules apply to all current telecommunications carriers, except Verizon Delaware Inc.
By PSC Order No. 6690 (Aug. 9, 2005), the PSC now proposes to amend Rule 4(f) and Rule 10 of those Telecom Rules. The proposed change to Rule 4(f) will allow telecommunications carriers to submit irrevocable stand-by Letters of Credit as a substitute for the filing of surety bonds currently required under Rule 4(f)(i) & (ii). Such Letters of Credit, like the now required bonds, will provide financial assurances that carriers will pay financial liabilities for inadequate performance (Rule 4(f)(i)) and that sufficient funds will remain available in case refunds of customer deposits and prepaid monies might be required (Rule 4(f)(ii)). The proposed amendment to Rule 10 will allow a “qualified carrier,” one with less than $2,500,000 in annual gross intrastate revenues in the preceding year, to forego filing most of the financial, merger, and transfer of control applications now required by 26 Del.C. §215(a) & (b). The exemption will not apply to local exchange carriers, will not be available during the first year after the carrier’s certification, and will not apply to mergers or acquisitions involving another carrier with more than $2,500,000 in annual gross Delaware revenues.
The text of these proposed amendments are attached to PSC Order No. 6690. That Order and the exhibits are reproduced in the September 2005 edition of the Delaware Register of Regulations. The Order and exhibits can also be reviewed on-line at the PSC’s website at www.state.de.us/delpsc. You can also obtain a paper copy of the Order at the PSC’s Dover office. Those paper copies will cost $0.25 per page.
You can file written comments, suggestions, briefs, compilations of data, or other materials concerning these proposed amendments to the Telecom Rules. Such material (10 copies) must be submitted to the Commission on or before Friday, September 30, 2005. Send the material to the Commission’s Dover office at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building
Suite 100
Dover, Delaware, 19904
Attn: PSC Reg. Dckts. Nos. 10 & 45
In addition, the PSC will conduct a public hearing on these proposed changes on Wednesday, October 19, 2005, beginning at 10:00 AM. The hearing will take place in the Third Floor Conference Room of the Carvel State Office Building, 820 North French Street, Wilmington, Delaware. You can submit additional materials then.
If you are handicapped and might need assistance or aids in participating in this matter, please contact the PSC to discuss the needed assistance or aids. You can contact the PSC with questions or requests about this matter at the Commission's toll-free telephone number (800) 282-8574 (Delaware only) or (302) 739-4333 (including text telephone). You can also send inquiries by Internet e-mail addressed to karen.knickerson@state.de.us.
