Adopted Rulemaking

10-144 CMR CHAPTER 333, Low Cost Drugs for the Elderly and Disabled (DEL), Rule #262A WORD  PDF 
Concise Summary: This rule implements Public Law 2011, Ch. 657, Part HH, § HH-1 which directs the Department to amend the eligibility rules for the Low Cost Drugs for the Elderly and Disabled (DEL) program. This rule reduces the income limit for the DEL program from 185% to 175% of the Federal Poverty Level (FPL) effective March 1, 2013. This adopted rule also includes several changes that are not required by P. L. 2011, Chapter 657, but deemed necessary for clarification of the current rule.
Effective Date: January 22, 2013
  Posted: January 16, 2013
 
MAINECARE ELIGIBILITY MANUAL, 10-144 CMR CHAPTER 332, Part 3 Categorically Needy Families with Children-Related Coverage, Part 4 Family-Related Budgeting, Part 8 Medicare Buy-In (Medicare Savings Program [MSP]), Rule #261A WORD  PDF 
Concise Summary: These rules are being adopted, in part, to comply with P. L. 2011, Ch. 477, pt. Z, § Z-1, codified at 22 M.R.S. § 3174-G(1)(E), and with P.L. 2011, Ch. 657, pt. HH, § HH-2, Which required the Department to reduce or eliminate certain eligibility for MaineCare, and also required the Department to get federal government approval of the Maine state Medicaid plan for those eligibility reductions and eliminations. On January 7, 2013 the Centers for Medicare and Medicaid Services (CMS) approved some, but not all, of the eligibility reductions and eliminations requested by Maine. CMS approved: (1) eliminating the optional group of parents and caretakers from 200% FPL to 150% FPL; (2) reducing the income eligibility standard for Section 1931 group from 150% FPL to 133% FPL; and (3) reduce eligibility for certain individuals who are eligible for Medicaid based on their eligibility for Medicare; Qualified Medicare Beneficiaries’ eligibility will be reduced from 150% FPL to 140% FPL, Specified Low-Income Medicare Beneficiaries’ eligibility will be reduced from 170% FPL to 160% FPL, and Qualifying Individuals’ eligibility will be reduced from 185% FPL to 175% FPL. CMS approved these eligibility reductions and eliminations with an effective date of March 1, 2013, and they will not be implemented prior to that date. The Department will comply with all state and federal prior notice requirements to members. Please note that the August 15, 2012 proposed rulemaking proposed additional reductions to MaineCare eligibility which are not being adopted by the Commissioner in this rulemaking, since those reductions have not been approved by CMS. This adopted rule also includes several changes that are not required by P. L. 477 or 657, but deemed necessary for clarification of the current rule. This rule change will not have any adverse economic impact on small businesses or impose any additional cost upon municipalities or counties. The following changes have been adopted: PART 3 Categorically Needy Families with Children-Related Coverage: - Effective March 1, 2013, Section 2, deleting as a covered group the specified relatives who meet all the criteria of the Section 1931 coverage group except for income and whose dependent children may not be enrolled in Medicaid or Cub Care; - Section 2, revising Transitional Medicaid language to comport with federal Medicaid law, 42 USC 1396r-6(a)(1)(A); - Section 3, clarifying language so it is clear that a spouse has financial responsibility for his or her spouse, so long as they are living together; - Effective March 1, 2013, Section 4.2, deleting eligibility for Transitional Medicaid for individuals whose eligibility did not come from Social Security Act Section 1931; - Section 4.2, revising Transitional Medicaid language to comport with federal Medicaid law, 42 USC 1396r-6(a)(1)(A); - Section 4.2.2, adding a sentence regarding the scope of services; - Section 4.2.2 clarifying that the custodial parent is not required to cooperate in obtaining medical support and payments from the non-custodial parent; - Section 4.2.2.2(I), adding termination by the employer as a reason for good cause for lack of employment; - Effective March 1, 2013, Section 4.2.2.2(I), deleting the Note that parents or caretaker relatives with income between 150% and 200% FPL are eligible for coverage under the expanded coverage group for caretaker relatives; - Section 4.2.2.2(VI), clarifying that the coverage group must include a child who resides in the household; - Section 4.2.2.2(VI), adding a provision that requires that a determination of whether the family is potentially eligible for any other MaineCare categories must be made prior to terminating Transitional Medicaid coverage; - Effective March 1, 2013, Section 4.5.3, deleting coverage for Parents and Caretaker relatives with income between 150% and 200% of FPL. PART 4 Family-Related Budgeting: - Effective March 1, 2013, Section 1, deleting parents and caretaker relatives with income between 150% and 200% of FPL from the countable asset limits in the Categorically Needy group; - Effective March 1, 2013, Section 2, changing the Categorically Needy income limits for parents and caretaker relatives from 150% to 133% of FPL; - Effective March 1, 2013, Section 2, deleting parents or caretaker relatives with income greater than 150% and equal to or less than 200% of FPL from countable income limits. PART 8 Medicare Buy-In (Medicare Savings Program [MSP]): - Effective March 1, 2013, Section 2(II), changing QMB eligibility to equal to or less than 140% of FPL; - Effective March 1, 2013, Section 3(II), changing SLMB eligibility to over 140% and equal to or less than 160% of FPL; - Effective March 1, 2013, Section 4(II), changing QI eligibility to over 160% and equal to or less than 175% of FPL.
Effective Date: January 22, 2013
  Posted: January 16, 2013
 
OFI MAINE PUBLIC ASSISTANCE MANUAL CH 331, Rule #90A word  pdf 
Concise Summary: Notice of Agency Rule-making Adoption AGENCY: Department of Health and Human Services, Office for Family Independence CHAPTER NUMBER AND TITLE: OFI MAINE PUBLIC ASSISTANCE MANUAL CH 331 Rule #90A  Table of Contents  Introduction  Chapter II Eligibility Requirements (Non-Financial)—“Citizenship”  Chapter VII Non-Citizens ADOPTED RULE NUMBER: (LEAVE BLANK - ASSIGNED BY SECRETARY OF STATE) CONCISE SUMMARY: Unless specifically exempted, lawfully-admitted aliens who enter the United States on or after August 22, 1996, are subject to a five-year waiting period before receiving TANF benefits. The five-year waiting period begins on the date the alien gains qualified status. This rule defines the state-funded cash assistance benefits program for legal non-citizens who are elderly or disabled as defined in the laws governing Supplemental Security Income (SSI) under 42 U.S.C. §§ 1381 to 1383f (2010), asylum seekers, victims of domestic violence, and those who are experiencing a hardship, such as lack of time necessary to obtain proper work documentation. The Rule continues coverage for any household that is receiving state-funded cash assistance as of December 1, 2012, or that has an application pending as of December 1, 2012 that is later approved. This rule change will not have any adverse impact on small businesses or impose any additional costs on municipalities and counties. EFFECTIVE DATE: (TO BE FILLED IN BY SECRETARY OF STATE) AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager AGENCY NAME: Department of Health and Human Services ADDRESS: Office for Family Independence 11 State House Station, 19 Union Street Augusta ME 04333-0011 TELEPHONE: (207) 624-4109 TTY: (800) 606-0215
Effective Date: 12/01/2012
  Posted: December 1, 2012
 
OFI MAINE PUBLIC ASSISTANCE MANUAL CH 331, Rule #95A Word  PDF 
Concise Summary: This rule will implement provisions from P.L. 2011, ch. 655, part S, which repeal the former transitional food benefits program, and allow the Department to provide limited transitional food benefits to meet the needs of food supplement benefit recipients living with one or more dependent children under 18 years of age who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under 6 years of age. These provisions were previously implemented through emergency rulemaking on July 1, 2012.
Effective Date: September 29, 2012
  Posted: October 3, 2012
 
OFI FOOD SUPPLEMENT CERTIFICATION MANUAL CH. 301, Rule #177A Word  PDF 
Concise Summary: This Rule decreases the Full Standard Utility Allowance from $644 to $634 and the Non-Heat Utility-only Allowance from $214 to $211, and increases the Telephone Only Utility Allowance from $40 to $41. This rule will become effective October 1, 2012. Implementation and compliance with this rule change are not anticipated to impose any costs on municipalities or counties or to have any adverse impact on small businesses.
Effective Date: October 1, 2012
  Posted: September 26, 2012
 
Chapter 331, OFI MAINE PUBLIC ASSISTANCE MANUAL, Rule #92A Word  PDF 
Concise Summary: This rule denies TANF cash assistance to families who have received TANF for 60 months or more and who do not qualify for an exemption or extension.
Effective Date: April 4, 2012
  Posted: September 24, 2012
 
OFI MAINE GENERAL ASSISTANCE PROGRAM RULES, CH 323, Rule #10A Word  PDF 
Concise Summary: This rule implements provisions from the Act To Make Additional Supplemental Appropriations and Allocations for the Fiscal Year 2012 and 2013 Biennial Budget, P.L. 2011, Ch. 655, Part R, §§ R-1, R-3, R-7 and R-8, which: A.Reduces the maximum level of assistance to 90% of the maximum level of assitance in effect on April 1, 2012 for the period of July 1, 2012 to June 30, 2013. B.Implements a 9-month time limit to housing assistance provided in this Chapter for the period of July 1, 2012 to June 30, 2013. C.Reduces the reimbursement rate for qualifying municipalities from 90% to 85% for the period of July 1, 2012 to June 30, 2013.
Effective Date: September 29, 2012
  Posted: September 24, 2012
 
OFI MAINE ASPIRE/TANF PROGRAM RULES CH 607, Rule #17A WORD  PDF 
Concise Summary: A.This Rule revises the rules for mandatory ASPIRE participants who fail without good cause to comply with ASPIRE-TANF program rules, setting sanctions for those who fail to sign or comply with a Family Contract. B.This Rule sets a 60-month lifetime limit for the receipt of TANF benefits, and lists qualifications for exemptions and extensions. C.This Rule removes some obsolete passages and language.
Effective Date: August 31, 2012
  Posted: August 29, 2012
 
Rule #175A Resource Limit Increase, GLA Language Adjustment Alpha Index, pages 2 and 4, Table of Contents page 2, FS-111-1 page 1, FS-333-1 pages 1 and 2 Word  PDF 
Concise Summary: This rule, effective April 1, 2012, 1. Makes changes in the rule to remove the word "developmentally" from references to the disabled for group living arrangements (GLAs) to make the rule conform with 7 C.F.R 271.2., and 2. Implements a federal change in the asset limit for households with elderly or disabled members, from $3,000 to $3,250, consistent with requirements of 7 U.S.C. §2014(5)(g). The Department adopts this rule retroactively under authority of 22 M.R.S.A. §42(8).
Effective Date: April 1, 2012
  Posted: August 9, 2012
 
OFI Policy: 10-144 CMR Chapter 336; OFI MaineCare Policy: 10-144 CMR Chapter 332 Rule #260A WORD  PDF 
Concise Summary: This rule implements Part MM-1 of the SFY 2012/13 budget which directs the Department to amend the asset transfer rules for State-Funded Assistance in certain residential care settings. #260A is contained within two distinct sets of documents. The first is meant to indicate the addition of Chapter 336 within 10-144 CMR, and the second is to show modifications of Chapter 332.
Effective Date: August 5, 2012
  Posted: August 2, 2012