Section 144-257-3 - ADMINISTRATIVE FEES AND SERVICE CHARGESA.Adjudication services.1. Expert witness testimony performed by HETL staff ......................................... $100/hour 2. Discovery requests: When HETL receives a discovery request, HETL will assess an administrative fee of $50 for compiling the material and providing requested documents. Requests that require lengthy or complex responses may result in additional charges based upon the required expenditure of HETL resources, including staff time. If it is anticipated that the fee will exceed $50, HETL will inform the requester of the estimated additional charges and obtain the requester's permission before preparing the response to the request.B.Administrative fees. HETL may impose charges for administrative services to license applicants and collect unpaid HETL services as set forth below.1. Licensing. HETL assesses a fee for processing initial applications and license renewals to ensure laboratories conducting testing of employees and applicants for substances of use are compliant.a. Initial Application Fee .......................................................... $600b. Annual License Renewal Fee ................................................... $4002. Collection of overdue payment. Accounts with outstanding balances are subject to service charges. HETL assesses a payment collection service charge that is a percentage of the overdue balance. This charge reflects the expenditure of HETL resources, including staff time, required to collect the overdue payment(s). a. 30 days late ....................................................... 1%b. 60 days late ......................................................... 2%c. 90 days late .......................................................... 5%C.Other service charges.1. One-time project fee for environmental monitoring. HETL will assess a charge for providing assistance to those entities requesting an environmental monitoring project. Charges will be based on the hourly rate for HETL staff time and in accordance with the setting methodology specified in Section 3(F) of this rule. HETL will inform the client of the projected cost and obtain the client's permission before performing these services.2. Analytical data package/research. HETL will assess a fee for fulfilling requests for analytical data packages and related research ............................................................................. $100/hourD.Fee for lab orders.Any human clinical tests submitted by a licensed laboratory on or after January 1, 2022 must be sent electronically to HETL through HL7 messaging in accordance with the standards set forth in the current Public Health Information Network (PHIN) guide accessed at https://www.cdc.gov/phin/resources/standards/index.html. This submission must be completed using a bidirectional interface between the licensed laboratory and HETL.1. Laboratories that submit a limited number of orders may submit a written request to waive this HL7 messaging requirement. HETL may review requests from laboratories with low volume of monthly samples and approve direct entry into STARLIMS through a provider portal.2. HETL will assess an administrative fee for all clinical submissions requiring manual entry, unless the Department has granted the laboratory a waiver ........................ $25/submission 3. Bidirectional messaging failure. A fee will not be charged, if the failure to submit using bidirectional messaging is due to a HETL system malfunction.E.Private well water test fee collection. Pursuant to 22 MRS §2660-U, HETL collects a separate fee for a water test ordered for residential private drinking water wells and deposits this amount into the Private Well Safe Drinking Water Fund. HETL will collect a fee equal to $2 for a water test ordered for a residential private drinking water well. This mandated fee is in addition to charges for the total cost of the test(s).F.Rate setting methodology. For tests not listed in Section 2, or for services not listed in this section, HETL will charge at a rate consistent with the cost of the test or service. Charges are based on test methods, calibration, quality control, and proficiency testing materials, along with the level of scientific and technical knowledge, and reflective of one or more of the following factors: 1. Test complexity. Test systems are assigned a moderate or high complexity category based on the test categorization criteria set forth at 42 C.F.R. § 493.17. The categorization contributes to the price, with higher complexity tests contributing to a higher price. a. Highly complex test requires multiple and/or significant steps in preparation, processing, and interpretation. b. Moderately complex test requires basic laboratory knowledge and training of personnel performing the tests. Moderately Complex Tests (MCT's) may require reagent preparation, limited pretreatment of specimens, quality control, calibration, proficiency testing, some skill in troubleshooting and maintaining equipment, and some skill or judgement in interpretation of results.2. HETL's hourly rates are calculated based on the compensation of HETL staff appropriate to perform the test or service.3. Instrumentation. Test method is manual or automatic, along with the level of required decision-making and direct intervention to interpret results.4. Reagents. Stability, reliability, preparation, and whether there is a requirement for special handling, precautions or storage conditions.5. Supplies. Whether the supplies are prepared in the lab or prepackaged, or premeasured, or there is a requirement for special handling, precautions or storage conditions.6. Comparable test. The rate of a closely related existing test available through another laboratory. When the cost of the test or service is not listed, HETL will inform the client of the total estimated cost based on the methodology described in this rule and obtain the client's permission prior to accepting the sample from the client or beginning the requested services. Prices for tests conducted by HETL and not listed in this rule will be subject to future rulemaking.
10-144 C.M.R. ch. 257, § 3