Emergency Rulemaking

10-144 CMR Chapter 332, MaineCare Eligibility Manual, Parts 1, 2, 3, 3.5, 4, 4.5, 5, 5.5, 16, 16.5,17, &17.5, Charts 6.5 & 8.5; Rule #273E - Implementation of MAGI Eligibility Methodology WORD   
Concise Summary: Effective January 1, 2014, these emergency rules will implement 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, application of the MAGI financial eligibility methodologies will not be applied under two circumstances: A. For individuals who are MaineCare beneficiaries as of December 31, 2013, application of 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. In this rulemaking, the Department made changes to the following MaineCare Eligibility regulations in order to comply with MAGI: PARTS 1, 2, 3, 4, 5, 16 and 17. The Department adopted the following new MaineCare MAGI eligibility regulations: PARTS 3.5, 4.5, 5.5, 16.5, and 17.5, CHARTS 6.5 and 8.5.
Effective Date: 12/31/2013
 
OFI – MAINE PUBLIC ASSISTANCE MANUAL Ch. 331- Chapter V, Post TANF Benefits, pages 1-7; Rule #99E – Transitional Services Benefits word  pdf   
Concise Summary: The 126th legislature passed LD 78 – An Act to Expand Transitional Assistance for Families. Some of the transitional transportation changes came from this bill. However, the department also improved and updated the reimbursement rates to more accurately reflect the actual cost of travel, and to recognize that child care and travel expenses are critical components for job stability and long-term employment. This rule is expected to help families transition during a time of vulnerability into self-sustaining lifestyle and job stability. This rule has a retroactive adoption date of October 1, 2013.
Effective Date: 10/01/2013
 
OFI – MAINE FOOD SUPPLEMENT CERTIFICATION MANUAL Rule #183E ARRA Sunset, FS Section FS-001-1, FS-444-8 pgs 1-4, FS-555-6 pgs 1-3 WORD  PDF   
Concise Summary: The American Recovery and Reinvestment Act of 2009 (ARRA) became law in order to foster economic activity in response to the recession. At that time (2009), ARRA increased maximum SNAP allotments by 13.6 percent. According to USDA Food and Nutrition Guidance dated August 2, 2013, this ARRA provision will end effective November 1, 2013. Maximum allotments will decrease by an average of 5% for November, going forward. For example, a household of 3 with no household income will see a $29 decrease, from $526 to $497 per month.
Effective Date: 11/1/2013
 
OFI – MAINE FOOD SUPPLEMENT CERTIFICATION MANUAL Rule #182E COLA and SUA Changes, FS Section FS-000-1, FS-555-5 pgs 1-11 WORD  PDF   
Concise Summary: This rule implements annually updated cost of living (COLA) and standard utility allowances (SUA), as determined and approved by USDA Food and Nutrition Services (FNS), for FFY 2014. The COLA values for income guidelines, standard deductions, shelter cap, minimum and maximum allotments are determined by USDA FNS. The SUA values are based on changes in the CPI index from June to June and approved by FNS. There are also some minor adjustments to federal regulation citations to improve clarity. This rule will be effective as of October 1, 2013.
Effective Date: October 1, 2013
 
OFI – MAINE GENERAL ASSISTANCE POLICY MANUAL 10-144 CMR Ch. 323 Sections: III Definitions, IV Levels of Assistance, V Eligibility Factors, XIII Reporting WORD  PDF   
Concise Summary: This rule implements provisions Biennial Budget (PL, 2013, chapter 368, Part OO, Sections OO-4,5,6,7,10,12, & 13), effective August 1, 2013. 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 1100% 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: 08/26/2013
 
OFI FOOD SUPPLEMENT CERTIFICATION MANUAL, 0-144 CMR Ch. 301,Rule #180E Updated Trafficking Definition and Supplemental Nutrition Assistance Program (SNAP) – Food Distribution Program on Indian Reservations (FDPIR) Dual Participation WORD  PDF   
Concise Summary: This rule updates the Maine Food Supplement Certification Manual with the updated trafficking definition and Supplement Nutrition Assistance Program-Food Distribution Program on Indian Reservations dual participation prohibition published in the Department of Agriculture Federal Register on February 21, 2013. This rule is being processed as an emergency measure so that the state may implement the federal rule changes to improve Program integrity. There are also some minor text changes, including updating AFDC references to TANF or TANF/PaS, and changing Food Supplement “coupons” to “benefits”.
 
10-144 CMR Chapter 331, Maine Public Assistance Manual (TANF) EMERGENCY Rule #90E— Chapter II Eligibility Requirements (Non-Financial) - Citizenship WORD  PDF   
Concise Summary: SUBJECT: This is an Emergency Rule to implement a provision of the State FY2012, and FY2013 Biennial Budget which eliminated State-funded TANF cash benefits for qualified aliens who are subject to a five-year waiting period for TANF and who are not receiving TANF as of October 1, 2011 or have an application pending as of October 1, 2011 and is later approved.
Effective Date: May 2, 2012
 
10-144 CMR Ch 301; 185E - Full Standard Utility Allowance Based on the Receipt of Energy Assistance, FS Section: 555-5 - Income and Deductions, pages 6-6a WORD  PDF   
Concise Summary: The Supplemental Nutrition Assistance Program (SNAP) was recently reauthorized as part of The Agricultural Act (the Act) of 2014 (P.L.113-79) enacted on February 7, 2014. The law contains various provisions that affect Food Supplement eligibility, benefits, and program administration. The federal provision requires that households receive a payment greater than $20 annually in Low Income Heating Assistance Program (LIHEAP) benefits or in other similar energy assistance benefits in the current month or in the immediately preceding 12 months in order to automatically qualify for the Full Standard Utility Allowance (FSUA) based on receipt of LIHEAP. An emergency rule change is necessary to preclude federal penalties or loss of federal funds and thereby avoid threats to the public health, safety and general welfare.
Effective Date: 8/29/2014
 
OFI – MAINE FOOD SUPPLEMENT CERTIFICATION MANUAL, Rule 181E – Legal Non-Citizenship Hardship WORD  PDF   
Concise Summary: This rule implements provisions of the Biennial Budget (PL, 2013, chapter 368, Part OO, Sections OO-2 and OO-14), effective August 1, 2013, 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: 08/06/2013
 
OFI – MAINE PUBLIC ASSISTANCE MANUAL, Rule 100E – Legal Non-Citizenship Hardship WORD  PDF   
Concise Summary: This rule 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: 08/06/2013
 
Chapter 331, OFI MAINE PUBLIC ASSISTANCE MANUAL, Rule #95E Chapter XI Post Employment Assistance to Working Families (pages 1-3) Word  PDF   
Concise Summary: This Emergency rule implements provisions from LD 1903, Part S, S-1 and S-2, 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.
Effective Date: July 1, 2012
 
OFI General Assistance Program Rules, Rule #10E Section IV pages 6a & 8; Section XIII pages 36-39 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: 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. D. Changes the location of two paragraphs within this Chapter to to improve clarity regarding reqarding timely requests for reimbursement.
Effective Date: July 1, 2012