Section 144-257-4 - FEE WAIVER AND REMITTANCEA.Service fee waiver. The Department may waive charges for services conducted by HETL under certain circumstances. Examples of testing conducted by HETL for which the fee may be waived include, but are not limited to, the following services, which the Department deems essential to the public health: 1. Laboratory Response Network Bioterrorism and Select Agent testing per the HHS and USDA Select Agents and Toxins 7 CFR Part 331, 9 CFR Part 121, and 42 CFR Part 73.2. All required samples submitted in accordance with 10-144 CMR, Chapter 258, Rules For the Control of Notifiable Diseases and Conditions.3. Any samples assigned an outbreak number by the Department.4. Rabies specimens for which a public health risk exists as determined by an epidemiologist or veterinarian.5. Serotyping of Neisseria meningitidis and Haemophilus influenzae from sterile sites.6. Confirmation and serotyping of E. coli, Salmonella, and Shigella bacterial isolates.7. Whole genome sequencing of E. coli, Salmonella, Shigella, Campylobacter, and Listeria bacterial isolates.8. Whole genome sequencing of bacterial isolates associated with hospital-acquired infections submitted with prior authorization from the Department.9. Whole genome sequencing and subsequent metagenomic analysis to determine the potential causative infectious agent(s) of an environmental sample submitted with prior authorization from the Department.10. Identification of vector borne diseases in mosquitoes and ticks with prior authorization from the Department or vector borne biologists.11. Reverse transcription real-time polymerase chain reaction (PCR) for the detection and genotyping of Influenza virus.12. Tuberculosis (TB). a. All testing on patient samples that are submitted with prior authorization from the Department's TB Control Program.b. All testing on patient samples identified as mycoplasma tuberculosis complex (MTBC) positive.c. All MTBC rule-out testing on specimens submitted for tuberculosis suspects reported to the TB Control Program in advance of samples being submitted and who meet the Department's TB Control Program's definition for a MTBC suspect.B.Residential water supply fee waiver for fees over $150. Any fees in excess of $150 for testing a private residential water supply will be waived when: 1. Initial testing or screening indicates the need for additional testing at a cost of more than $150 to determine whether the private residential water supply contains contaminants potentially hazardous to human health, and the Department's Maine CDC determines that the additional testing is essential to the maintenance of public health; or2. The Department's Maine CDC Drinking Water Program or Epidemiology Program has reason to suspect that the private residential well may be contaminated and that additional testing is essential to the maintenance of public health. In making this determination, this Maine CDC staff will consider: a. The proximity of the private residential water supply well to a known or suspected source of contamination;b. The proximity of the private residential water supply well to another private well or water supply known to be contaminated;c. Documentation from a physician who has seen or treated a person and has identified contaminated drinking water as a possible cause of the person's condition or symptoms; and/ord. Information provided by the owner or user of the private residential water supply voluntarily or in response to the Department's request for information. As authorized by 22 MRS §2609, the Department will seek to recover the costs of testing in excess of $150 from the person responsible for contaminating the residential water supply, or from the recipient of any compensation for contamination of the residential water supply.
C.Residential water supply fee waiver for all fees. In addition to the considerations in subsection B above, the Department may consider the following, as applicable, in determining whether to waive fees less than $150 for a private residential water supply testing:1. A statement from a code enforcement officer documenting potential contamination of a private residential water supply.2. A statement from a licensed healthcare provider who has seen or treated a person and has identified contaminated drinking water as a possible cause of the person's condition or symptoms.3. Any information provided by any agency of the Department, or by the Department of Environmental Protection (DEP), that would support a finding of a need to test the private water supply in order to protect the public health.4. Whether more than one test listed in Section 2 is conducted for a water sample from the same residential private drinking well. When test results for the private residential water supply warrant additional testing, the Department may waive payment of testing fees if the additional testing is conducted within one year subsequent to the initial testing.5. Indigency of the owner of the private residential water supply. For the purpose of this rule, financial need, or indigency, is determined by HETL, based on gross household income and household size, consistent with federal poverty guidelines calculations. Minimally, the applicant must show evidence of gross household income that is under 130% of the federal poverty guidelines. Evidence of indigency may include demonstration of SNAP eligibility or qualification for fuel assistance, or other documentation requested by HETL to determine financial need.D.Fee reduction for public agencies. Upon request, HETL may reduce or waive the fee for certain tests requested by or on behalf of a public agency. Public agencies are governmental units and non-profit health agencies receiving financial support from the Department for public health testing or services. In considering a request for the reduction or waiver of a fee, HETL may consider factors including, but not limited to, whether the testing is requested to meet a public health need, the volume of tests submitted by the public agency, and whether the test is available through another laboratory.E.Right to appeal. The decision to deny an applicant's request to waive a fee for service or test performed by HETL is considered final agency action as defined in 5 MRS §8002, sub §-4. The decision to deny a request for a waiver will state the reason for the denial and the applicant's right of appeal. The applicant whose request is denied may appeal to a court of competent jurisdiction, in accordance with 5 MRS §11001.F.Payment submission. Payment of HETL fees and service charges must be in the form of a check and remitted to: Treasurer, State of Maine
Health and Environmental Testing Laboratory (HETL)
DHHS Maine CDC
12 State House Station
Augusta, Maine 04333-0012
10-144 C.M.R. ch. 257, § 4