Adopted Rulemaking

OFI – Maine Public Assistance Manual, 10-144 CMR, Ch. 331, II, Eligibility, Requirements (non-financial), pages 1-4c; Rule # 102A – Eligibility, Requirements WORD  PDF 
Concise Summary: This rule will correct unintended errors in the Maine Public Assistance Manual, Chapter II, pages 3 through 4c. The Non-Citizen Status Chart incorrectly defines a child under 21 and a pregnant woman who has not been in the United States for five-years or more as a qualified alien for TANF eligibility. This rule change will not impose any additional costs on counties or municipalities or any additional burden on small businesses.
Effective Date: 8/24/2014
View Comments: Comments and responses  Posted: August 28, 2014
 
MAINECARE ELIGIBILITY MANUAL, 10-144 CMR 332, Part 9 Section 1.4.1:Payment of Premiums; and Chart 3.10 - Premiums for HIV Benefit, Rule # 267A: - Premium Increase for HIV/AIDS Waiver WORD  PDF 
Concise Summary: This rule increases the monthly premium for certain individuals enrolled in the HIV/AIDS Waiver, [10-144 CMR, Chapter 101, MaineCare Benefits Manual, Chapter X, Section 1, Benefit for People Living with HIV/AIDS], for 2014. For persons with income equal to or less than 150% of the Federal Poverty Level (FPL) the monthly premium remains at zero. The monthly premium increases from $31.04 to $32.59 for people with income between 150.1% of the FPL up to and including 200% of the FPL, and from $62.07 to $65.17 for people with income between 200.01% and 250% of the FPL. This rule results in changes to Chart 3.10 - Premiums for HIV Benefit, of the MaineCare Eligibility Manual. This rule also updates the grace period on nonpayment of premiums. The grace period extends through the last day of the twelve month enrollment period or 60 days from the first day of the month for which a payment is due, whichever is later. This rule change is made necessary as a result of premium adjustments necessary to comply with federal lawand the waiver agreement between the Maine Department of Health and Human Services and the Centers for Medicare and Medicaid Services, through which this initiative is operated. The rule will not be implemented until it has been adopted, properly filed with the Secretary of State and becomes effective in accordance with 5 M.R.S. 8001, 8052, Maine Administrative Procedure Act. This rule change is not anticipated to impose any additional costs on counties or municipalities or to have any adverse impact on small businesses.
Effective Date: 6/1/2014
  Posted: June 5, 2014
 
OFI – MAINE PUBLIC ASSISTANCE MANUAL Ch. 331- Chapter V, Post TANF Benefits, pages 1-7; Rule #99A – Transitional Services Benefits PDF  WORD 
Concise Summary: This rule permanently adopts emergency rule 99E. This rule amends the Department of Health and Human Services rules on transitional transportation assistance for families who lose eligibility for benefits under the Transitional Assistance for Needy Families (TANF) program due to increased income from employment or for participants who are employed during their 60th month on TANF. The amended rule allows families up to 12-months after termination from TANF assistance to apply for transitional transportation. The rule also increases the mileage rate to $0.44 per mile and the daily cap to $20.00 per day. The tiered system of reimbursement will be eliminated, eligibility will be increased to 250% of the FPL, and the payment structure will change from quarterly to monthly payments. The department is revising the Transitional Child Care benefits and eligibility requirements to include two-parent homes and increase eligibility from 85% of median income to 250% of the FPL. It also revises who may provide childcare and addresses provider background checks, payments for special needs children, and overpayments. This rule change is not anticipated to impose any additional costs on municipalities and counties or have any adverse impact on small businesses
Effective Date: 4-1-2014
  Posted: May 22, 2014
 
Rule #20A – Pre-Termination Notice and Conference and Temporary Hardship Extensions WORD  PDF 
Concise Summary: This rule revises the extension and exemption provisions to clarify intent, and creates a pre-termination conference for recipients to present evidence before their TANF benefits are terminated either after their 60-month period of eligibility has ended or their extension is withdrawn or ended. This rule change is not anticipated to have any adverse economic impact on small businesses or impose any additional costs on municipalities or counties.
Effective Date: 04/20/2014
View Comments: Comments  Posted: April 25, 2014
 
MAINECARE ELIGIBILITY MANUAL,10-144 CMR, Chapter 332, Part 1 General Information; Section 9 Program Integrity; Rule #264A WORD  PDF 
Concise Summary: This rule defines Intentional Program Violations (IPV) in MaineCare and sets out the requirements for defining, calculating, and notifying parties of Overpayments made by the MaineCare program on behalf of an individual or the assistance unit. A referral to the Department’s Fraud Investigation and Recovery Unit (FIRU) will be made by MaineCare eligibility staff if it appears that an individual has intentionally misrepresented actual circumstances (such as living arrangement, income, or assets) in order to receive MaineCare, and that the individual would not have been found eligible for MaineCare had the proper information been available.
Effective Date: 3/26/2014
  Posted: April 7, 2014
 
Rule #273A - Implementation of MAGI Eligibility Methodology WORD  PDF 
Concise Summary: This rule permanently adopts the emergency rules that implemented, effective January 1, 2014, the provisions of the Affordable Care Act related to MAGI Medicaid and CHIP eligibility. MaineCare will determine most nonelderly, nondisabled Medicaid and all CHIP eligibility by comparing the Modified Adjusted Gross Income (MAGI) income (based on the Internal Revenue Code, Section 36B) to the applicable income eligibility standard. However, the MAGI financial eligibility methodologies will not be applied in the limited circumstances listed below: A. For individuals who are MaineCare beneficiaries as of December 31, 2013, the MAGI financial eligibility methodologies will not be applied until March 31, 2014 or the next regularly scheduled renewal of eligibility determinations, whichever is later, as follows: (1) if the Member’s renewal date is between January 1 and March 31, 2014, the Department will first apply the MAGI eligibility rule. If the Member is not eligible under the MAGI rule, the Department will apply the non-MAGI eligibility rule. On April 1, 2014, the Department will re-determine MaineCare eligibility, using only the MAGI rule. (2) if the Member’s renewal date is between April 1 and December 31, 2014, for purposes of determining MaineCare eligibility for changes-in-circumstances, the Department will first apply the MAGI rule. If the Member is ineligible under the MAGI rule, the Department will apply the non-MAGI eligibility rule. On the Member’s renewal date, the Department will apply the MAGI rule. B. For individuals who are requesting retroactive Medicaid coverage for months prior to January 1, 2014, the Department will apply the non-MAGI eligibility rule. C. If the household income of an individual determined in accordance with the MAGI financial eligibility methodology contained in this rule results in financial ineligibility for Medicaid and the household income of such individual determined in accordance with 26 CFR 1.36B-1(e) is below 100 percent FPL, Medicaid financial eligibility will be determined in accordance with 26 CFR 1.36B-1(e). In this rulemaking, the Department is making changes to the following MaineCare Eligibility regulations in order to comport with MAGI: PARTS 1, 2, 3, 4, 5, 16 and 17. The Department is also adopting the following new MAGI regulations: PARTS 3.5, 4.5, 5.5, 16.5 and 17.5, CHART 6.5 and CHART 8.5.
Effective Date: 03/31/2014
View Comments: Comments  Posted: April 7, 2014
 
OFI, Rule 272A – Family-Related Income Limits; 10-144 C.M.R. Chapter 332, MaineCare Eligibility, Part 4 Family-Related Budgeting, Section 2, Family-Related Income Limits WORD  PDF 
Concise Summary: Under the current version of MaineCare eligibility rules, parent or caretaker relatives of MaineCare recipients are said to be eligible for benefits if they meet certain countable income limits, as defined in Part 4, Section 2 of the MaineCare Eligibility Manual. Specifically, such relatives are currently said to be eligible if they have a countable income equal to or less than 133% of the federal poverty limit. This rule implements Public Law 2011, ch. 657, Part Z, Z-1 (which amended 22 M.R.S. 3174-G, sub-1, E) to reduce the income limit for MaineCare coverage of parents and caretaker relatives from 133% to 100% of the nonfarm income official poverty line.
Effective Date: 01/01/2014
  Posted: January 2, 2014
 
MAINECARE ELIGIBILITY MANUAL, 10-144 CMR Ch. 332, Part 8, Sections 2,3, &4; Rule # 271A - Asset Test for Medicare Buy-In (Medicare Savings Program [MSP]) WORD  PDF 
Concise Summary: This rule implements provisions of the Biennial Budget (PL, 2013, ch. 368, PART A, Sec. A-34), to include a liquid asset test in eligibility determinations for the Medicare Savings Program (MSP) using the same asset test used for the state-funded home-based care program (In Home and Community Support Services for Elderly and Other Adults, 10-149 CMR Ch. 5). Effective January 1, 2014, a liquid asset limit of no more than $50,000 per person or $75,000 per couple will be applied to the following MSP beneficiaries: Qualified Medicare Beneficiary (QMB), Specified Low Income Medicare Beneficiary (SLMB), and Qualifying Individual (QI). This corresponds to the Office for Adult and Disability Services’ definition of the asset test for the In Home and Community Support Services for Elderly and Other Adults program. The rule clarifies that the definition of “liquid assets” for Part 8 , use the definition of “liquid assets” in the MaineCare Eligibility Manual, Part 16.
Effective Date: 12/18/2013
  Posted: January 2, 2014
 
Rule 263A - Appendix C, Pickle Amendment; Appendix F, Consent Decision Form; Appendix J, Computation of Utility Standard; Chart 3, SSI-Related Standards, Allocations and Disregards; Chart 4, Nursing Care Limits; Chart 6, Federal Poverty Levels. PDF  WORD 
Concise Summary: The State of Maine administers the MaineCare program pursuant to a State Plan which requires that the State rules reflect prevailing federal standards and arithmetical values. Accordingly, the State rules are adjusted as necessary and appropriate to incorporate updated federal changes. The proposed Rule is designed to capture such changes in the updated State rules.
Effective Date: 11/25/2013 or as indicated in rule
  Posted: December 3, 2013
 
OFI, Rule 272P – Family-Related Income Limits; 10-144 C.M.R. Chapter 332, MaineCare Eligibility, Part 4 Family-Related Budgeting, Section 2, Family-Related Income Limits WORD  PDF 
Concise Summary: This proposed rule implements Public Law 2011, ch. 657, Part Z, Z-1 (which amended 22 M.R.S. 3174-G, sub-1, E) to reduce the income limit for MaineCare coverage of parents and caretaker relatives from 133% to 100% of the nonfarm income official poverty line.
  Posted: October 30, 2013
 
RULE 16A – General Assistance - accountability, cost-effectiveness, uniformity, and program integrity; 10-144 CMR Ch. 323, Maine General Assistance Manual, Sections: III Definitions, IV Levels of Assistance, V Eligibility Factors, XIII Reporting WORD  PDF 
Concise Summary: This rule permanently adopts Emergency Rule 16E and implements provisions of the Biennial Budget (PL, 2013, chapter 368, Part OO, Sections OO-4,5,6,7,10,12, & 13). Fugitive from Justice Ineligible for GA. A fugitive from justice is not eligible for general assistance. Calculation of Pro Rata Share. When an applicant shares a dwelling unit with one or more individuals, eligible applicants may receive assistance for no more than their pro rata share of the actual costs of the shared basic needs of that household. The pro rata share is calculated by dividing the maximum level of assistance available to the entire household by the total number of household members. Income of household members not legally liable for supporting the household is considered available to the applicant only when there is a pooling of resources. Lump Sum Calculator. All income received by the household between the receipt of the lump sum payment and the application for assistance is added to the remainder of the lump sum and the total is then prorated. The period of proration is then determined by dividing this total by the verified actual prospective thirty day budget for all of the household's basic necessities. Unemployment Benefits as Available Income in Cases of Fraud. Consistent with 22 M.R.S.A 4317, an individual who is found to be ineligible for unemployment compensation benefits because of a finding of fraud by the Maine Department of Labor pursuant to 26 M.R.S.A. 1051(1) shall be ineligible to receive general assistance to replace the forfeited unemployment compensation benefits for the duration of the forfeiture as established by the Maine Department of Labor. Maximum Level of Assistance for fiscal years 2013-14 and 2014-15. It establishes the aggregate maximum level of general assistance for July 1, 2013 to June 30, 2014 as the amount that is greater than 90% of 110% of the U.S. Department of Housing and Urban Development fair market rent for federal fiscal year 2013 or the amount achieved by increasing the maximum level of assistance for fiscal year 2012-13 by 90% of the increase in the federal poverty level for 2013 over the federal poverty level for 2012. The same formula is used for July 1, 2014 to June 30, 2015. Indian tribe reimbursement. It establishes the general assistance reimbursement formula for Indian tribes as 10% of the reimbursement amount, up to 0.0003 of that tribe’s most recent state valuation added to 100% of the amount in excess of 0.0003 of that tribe’s most recent state valuation. Circuitbreaker Program benefits as income. It counts the Circuitbreaker Program benefits as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities. Municipal Property Tax Assistance. It counts the property tax fairness credit as income when determining eligibility for general assistance unless the benefits are used to provide basic necessities.
Effective Date: 11/1/2013
  Posted: October 30, 2013
 
Rule # 101A - Special Needs Housing Allowance, 10-144 CMR, Ch. 331, IV, Pages 7 & 10, Appendix charts on page 2, 2a, & 2b WORD  PDF 
Concise Summary: This rule implements provisions of the Biennial Budget (PL 2013, chapter 368, Pt UUU, 1(6)) to increase the special needs housing allowance to a maximum of $200 per month for each family whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 75% of their monthly income.
Effective Date: 11/1/2013
  Posted: October 30, 2013
 
Rule # 100A – Legal Non-Citizen Hardship; 10-144 CMR, Ch. 331, VII, Page 8 (formerly 9a) WORD  PDF 
Concise Summary: This rule permanently adopts Emergency Rule 100 and implements provisions of the Biennial Budget (PL, 2013, chapter 368, Part OO, Sections OO-3 and OO-14), effective August 1, 2013, to provide funding to legal non-citizens who meet the criteria for TANF extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Food Supplement program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
Effective Date: 10/21/2013
  Posted: October 22, 2013
 
OFI – MAINE FOOD SUPPLEMENT CERTIFICATION MANUAL, Rule 181A Legal Non-Citizenship WORD  PDF 
Concise Summary: a. The emergency rule #181E - Legal Non-Citizenship, which became effective as of August 1, 2013. b. Provisions from Part OO of the State FY 2014 and FY 2015 Biennial Budget (PL, 2013, chapter 368, Part OO, Sections OO-2 and OO-14), to provide funding to legal non-citizens who meet the criteria for Food Supplement extensions based on hardship, who have obtained their work documentation but are not yet employed. This funding is limited to $261,384 and expires on June 30, 2015, or when the funds are depleted. The Temporary Assistance for Needy Families (TANF) program has a similar rule, per Part OO provisions, and will draw from this fund as well. If the funding is exhausted prior to June 30, 2015, legal non-citizens with work documentation are no longer eligible for the hardship exception.
Effective Date: 10/21/2013
  Posted: October 22, 2013
 
Rule #18A, Misuse of Cash Benefits WORD  PDF 
Concise Summary: This rule will enact a portion of Public Law Chapter 687 (LD 1888 – An Act to Strengthen the State’s Ability to Investigate and Prosecute the Misuse of Public Benefits) passed by the 125th Legislature to ensure that public benefits are used as intended. As a result of the rule change, a recipient may not use the “cash benefits” of an Electronic Benefits Transfer (EBT) card in a retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor; a gambling facility, except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods; a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. Unauthorized spending of benefits will result in an Intentional Program Violation (IPV) and, when discovered, a referral will be made to the Fraud Investigation Unit for further review and recovery.
Effective Date: 09/24/2013
  Posted: September 25, 2013
 
Rule #180A Updated Trafficking Definition and Supplemental Nutrition Assistance Program (SNAP) Food Distribution Program on Indian Reservations (FDPIR) Dual Participation WORD  PDF 
Concise Summary: This rulemaking codifies provisions in the Food Nutrition Act of 2008 that improve Program integrity. It is expected to enhance the program's ability to serve those who are truly in need, and help to ensure that SNAP benefits are used as intended.
Effective Date: August 31, 2013
  Posted: September 4, 2013
 
MAINECARE ELIGIBILITY MANUAL CH 332, Rule # 268A, Part 13, Home and Community-Based Waiver, Home and Community Based Waiver Benefit for Adults with Other Related Conditions Aged 21 and Over WORD  PDF 
Concise Summary: A new MaineCare program will provide an alternative to institutional care for adults aged twenty-one (21) and over with “Other Related Conditions.” Other Related Conditions (defined in full at 42 C.F.R. 435.1010) include cerebral palsy, epilepsy, and other conditions that cause impairment of general intellectual functioning or adaptive behavior similar to the impairment characteristic of an intellectual disability. This rule sets forth the eligiblitity criteria for this waiver program. The Centers for Medicare and Medicaid Services approved this waiver with an effective date of May 1, 2013; however, the Department is implementing the waiver program effective July 1, 2013. This rule also updates the personal needs allowance for Section 1, II & III per the current approved waivers. The personal needs allowance for these waivers is increased from 125% FPL to 200% FPL. This rule change is not anticipated to have any adverse impact on small businesses or impose any additional costs on municipalities or counties.
Effective Date: July 01, 2013
  Posted: July 8, 2013
 
OFI – MAINE PUBLIC ASSISSTANCE MANUAL, Rule #97, Electronic Benefits Transfer (EBT) System 10-144 CMR, Ch. 331, Chapter VI, Page 35 WORD  PDF 
Concise Summary: THIS RULE WILL ENACT A PORTION OF PUBLIC LAW CHAPTER 687 (LD 1888 – AN ACT TO STRENGTHEN THE STATE’S ABILITY TO INVESTIGATE AND PROSECUTE THE MISUSE OF PUBLIC BENEFITS) PASSED BY THE 125TH LEGISLATURE TO ENSURE THAT PUBLIC BENEFITS ARE USED AS INTENDED. AS A RESULT OF THE RULE CHANGE, A RECIPIENT MAY NOT USE THE “CASH BENEFITS” OF AN ELECTRONIC BENEFITS TRANSFER (EBT) CARD IN A RETAIL ESTABLISHMENT WHERE 50% OR MORE OF THE GROSS REVENUE OF THE ESTABLISHMENT IS DERIVED FROM THE SALE OF LIQUOR; A GAMBLING FACILITY, EXCEPT THAT USE OF THE ELECTRONIC BENEFITS TRANSFER SYSTEM IS PERMITTED IN ANY PORTION OF THE PREMISES OF A GAMBLING FACILITY THAT IS SET ASIDE SEPARATELY FOR THE SALE PRIMARILY OF STAPLE FOODS; A RETAIL ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT. UNAUTHORIZED SPENDING OF BENEFITS WILL RESULT IN AN INTENTIONAL PROGRAM VIOLATION (IPV) AND, WHEN DISCOVERED, A REFERRAL WILL BE MADE TO THE FRAUD INVESTIGATION UNIT FOR FURTHER REVIEW AND RECOVERY.
Effective Date: July 1, 2013
  Posted: June 20, 2013
 
OFI MAINE PUBLIC ASSISTANCE MANUAL,10-144 C.M.R. Ch. 331, Rule #96A, Chapter I-Eligibility Process, Time Limits, pages 21-25 WORD  PDF 
Concise Summary: This rule permanently adopts changes previously made by emergency rule to implement biennial budget provisions concerning a 60-month lifetime on limit on TANF eligibility absent qualification for an extension or exemption. In addition, this rule makes the following revisions to the current rule: • Changes some language to ensure consistency in terminology throughout the rule when referring to the TANF family; • Revises the extension and exemption provisions to clarify intent; • Creates a pre-termination conference for recipients to present evidence before their TANF benefits are terminated either after their 60-month period of eligibility has ended or their extension is withdrawn or ended; and • Renumbers the pages in Chapter I.
Effective Date: 06/19/2013
  Posted: June 20, 2013
 
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
 
Rule #98A - 10-144 CMR, Ch. 331, OFI – Maine Public Assistance Manual, Chapter III, Page 3 (assets) and 25 (exception from Lump Sum Policy) WORD  PDF 
Concise Summary: This rule responds to Public Laws 2011, ch. 550, (22 M.R.S. 2302(2)), which allows collection of child support debt from lump sum income received by a responsible parent who is receiving public assistance. The portion of any lump sum income collected to satisfy a child support debt is not available to meet the needs of the assistance unit. This rule change ensures that the portion collected for the support debt and therefore unavailable to the assistance unit does not affect the eligibility of the unit for public assistance. Other technical and clarifying changes were made throughout Chapter III.
Effective Date: August 19, 2013
  Posted: July 20, 2008
 
OFI MAINECARE ELIGIBILITY MANUAL, 10-144 CMR CH 332, Part 9 Section 3, Non-Categorical Eligibility ; Rule #270A - Expiration of MaineCare Childless Adults Waiver PDF  WORD 
Concise Summary: The MaineCare Childless Adults section 1115 demonstration waiver, that provided health care coverage to childless adults and non-custodial parents with incomes at or below 100% of the Federal poverty level (FPL), expires on December 31, 2013. Therefore, the Department of Health and Human Services (DHHS) is repealing Chapter 332, Part 9 Section 3, Non-Categorical Eligibility. The Department will provide prior notice to the recipients impacted by these changes.
Effective Date: December 31, 2013, at 11:59 p.m.
  Posted:
 
10-144 CMR Ch. 301; FS-000-1, Basis of Issuance; FS-444-8, pages 1-4, Households with Special Circumstances; FS-555-5, pages 1-11, Income and Deductions (Treatment of Income); and FS-555-6, pages 1-3, Income and Deductions (Calculating Eligibility and Mon PDF  WORD 
Concise Summary: This rule makes permanent emergency rule #182E COLA and SUA Changes, which implemented the updated cost of living and standard utility allowances, as determined and approved by USDA Food and Nutrition Services (FNS), for FFY 2014, as of October 1, 2013; This rule also makes permanent #183E ARRA Sunset, which implemented the decrease in Food Supplement benefits for November 1, 2013, due to the expiration of the ARRA provision. Maximum allotments will decrease by an average of five percent and the minimum benefit of $16 will also decrease to $15. Although the rules were introduced separately because of different federally mandated effective dates, the rules are being combined in this final rule to ensure that the application of values are applied correctly and avoid confusion of the intended effective dates.
Effective Date: December 27, 2013
  Posted: