Proposed Rulemaking

OFI MAINE PUBLIC ASSISTANCE MANUAL, Chapter III, Page 3 (assets) and 25 (exception from Lump Sum Policy), Rule #98P, 10-144 CMR, Ch. 331 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.
Submit Comments (Opens in new window) - No comment deadline Posted: June 5, 2013
 
OFI FOOD SUPPLEMENT CERTIFICATION MANUAL, 10-144 CMR Ch. 301, Rule #180P 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 at the same time as Emergency Rule 180 to bring the existing Maine Certification Manual provisions into compliance with new definitional and other changes in the corresponding Federal rule in order to insure Program integrity, align enforcement mechanisms, and provide for coordinated Federal/State administration.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, June 28, 2013 Posted: May 30, 2013
 
MAINECARE ELIGIBILITY MANUAL CH 332, Rule # 268P, Part 13, Home and Community-Based Waiver, Home and Community Based Waiver Benefit for Adults with Other Related Conditions Aged 21 and Over PDF  WORD 
Concise Summary: A new MaineCare program will provide an alternative to institutional care for adults aged twenty-one (21) and over with with ‘Related Conditions.’ ‘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.
Submit Comments (Opens in new window) - Comment Deadline: May10, 2013 Posted: April 10, 2013
 
PROPOSED Policy Changes to the Maine Public Assistance Manual (Rule #96P) WORD  PDF 
Concise Summary: Notice of Agency Rule-making Proposal AGENCY: Department of Health and Human Services, Office for Family Independence RULE TITLE OR SUBJECT: OFI MAINE PUBLIC ASSISTANCE MANUAL, 10-144 C.M.R. Ch. 331, Rule #96P Chapter I-Eligibility Process, Time Limits, pages 21-25a PROPOSED RULE NUMBER: _____________________________________________ (LEAVE BLANK - ASSIGNED BY SECRETARY OF STATE) CONCISE SUMMARY (UNDERSTANDABLE BY AVERAGE CITIZEN): This Proposed 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 • Amends the rule to define certain terms and 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. THIS RULE WILL0 WILL NOT1 HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES THIS RULE WILL0 WILL NOT1 HAVE A FISCAL IMPACT ON MUNICIPALITIES STATUTORY AUTHORITY: 22 M.R.S.A. §§42, 3762(3)(A) PUBLIC HEARING: None scheduled DEADLINE FOR COMMENTS: January 25, 2013 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
Submit Comments (Opens in new window) - Comment Deadline: January 25, 2013 Posted: January 7, 2013
 
OFI MAINE PUBLIC ASSISTANCE MANUAL CH 331, Rule #90P Word  PDF 
Concise Summary: This Proposed Rule implements P.L. 2011, ch. 380, Part KK, § KK-4, which eliminated state-funded cash assistance benefits to qualified aliens who are subject to a five-year waiting period for TANF. This rule clarifies which groups of lawfully-admitted aliens are qualified to receive TANF benefits, and which non-qualified aliens are able to receive benefits from a state-funded cash assistance program. Any household that is receiving assistance as of December 1, 2012 or that has an application pending as of December 1, 2012 and is later approved is grandfathered under this rule and will not lose benefits.
Submit Comments (Opens in new window) - Comment Deadline: 10/26/12 Posted: October 2, 2012
 
OFI MaineCare Eligibility Manual, Chapter 333, Rule #262P Word  PDF 
Concise Summary: This proposed 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 effective October 1, 2012. This proposed rule reduces the income limit for the DEL program from 185% to 175% of the Federal Poverty Level (FPL). This proposed rule also makes several technical and clarifying changes throughout Chapter 333. These are formatting changes and rephrasing of text to clarify and correct imprecise, confusing, or ambiguous language. Under state law (P.L. 2011 ch. 657) and federal Medicaid law, the changes set forth in these proposed rules cannot be implemented until the Department has received federal approval. The Department has sought federal approval to amend its State plan. If the Department does not receive federal approval prior to October 1, 2012, the Department will abandon this rulemaking, and the Commissioner will not adopt these rules.
Submit Comments (Opens in new window) - Comment Deadline: September 14, 2012 Posted: August 17, 2012
 
OFI MaineCare Eligibility Manual, Chapter 332, Rule #261P WORD   
Concise Summary: The Maine Legislature, in P.L. 2011,ch. 657, Parts Z, GG and HH, mandated that, effective October 1, 2012, subject to federal government approval, the following MaineCare eligibility reduction changes must be made to the Maine Medicaid program: This proposed rule reduces the income limit for Family-Related, Social Security Act § 1931 MaineCare eligibility from 150% to 100% of the Federal Poverty Level (FPL) for parents and caretaker relatives, and eliminates MaineCare coverage for parents and caretaker relatives with income between 150% and 200% FPL. This proposed rule also reduces coverage of individuals ages 19 and 20 so that only 19 and 20 year olds who are independent foster care adolescents and state adoption children will continue to be eligible for MaineCare coverage. It also reduces the income limit for the Medicare Savings Program by 10% FPL for each group: the income limit for the Qualified Medicare Beneficiary (QMB) benefit is reduced from 150% to 140% FPL; the income limit for Specified Low-Income Beneficiary (SLMB) benefit is reduced from 170% to 160% FPL; and the income limit for the Qualifying Individual (QI) benefit is reduced from 185% to 175% FPL. This proposed rule also makes several technical and clarifying changes throughout Parts 3, 4 and 8. These are formatting changes and rephrasing of text to clarify and correct imprecise, confusing, or ambiguous language. Under state law (P.L. 2011 ch. 657) and federal Medicaid law, the changes set forth in these proposed rules cannot be implemented until the Department has received federal approval. The Department has sought federal approval to amend its State plan. If the Department does not receive federal approval prior to October 1, 2012, the Department will abandon this rulemaking, and the Commissioner will not adopt these rules.
Submit Comments (Opens in new window) - Comment Deadline: September 14, 2012 Posted: August 17, 2012
 
OFI General Assistance Program Rules, Chapter 323, Rule #10P 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.
Submit Comments (Opens in new window) - Comment Deadline: September 14, 2012 Posted: August 14, 2012
 
OFI MAINE PUBLIC ASSISTANCE MANUAL CH 331, Proposed Policy #95P WORD  PDF 
Concise Summary: This proposed rule is to permanently adopt TANF Emergency Rule #95E which implemented provisions from LD 1903 - 2012, 2013 Second Supplemental Budget, Part S, §S-1, that repeals 22 MRSA §3762(8)(D) and which eliminates the requirement that the Department provide limited transitional food benefits to ASPIRE-TANF program recipients who lose TANF eligibility due to employment earnings; and §S-2, which adds 22 MRSA §3762(8)(F),authorizing the Department to provide transitional food benefits to working families who are food supplement recipients in order to help promote economic self-support. The eligibility rules were implemented through emergency rulemaking on July 1, 2012.
Submit Comments (Opens in new window) - Comment Deadline: September 7, 2012 Posted: August 10, 2012
 
OFI FOOD SUPPLEMENT CERTIFICATION MANUAL CH 301, Rule #177P Annual Standard Utility and Phone Allowance Adjustments FS-555-5 pages 6 and 7 Word  PDF 
Concise Summary: Food Supplement program regulations allow certain expenses to be deducted from the countable income of Food Supplement applicants for the purpose of determining program eligibility. One of these deductions is for heating, cooling, utility and telephone costs. Federal regulation 7 CFR 273.9(d)(6) requires states to annually review standard utility allowances and make adjustments to the standard deductions to reflect changes in utility costs. The determination of the deduction for the cost of heating, cooling and other utilities is made after review of costs reflected in the Consumer Price Index between May 2011 and May 2012 for fuel and utilities. The determination of the deduction for telephone use is made by reviewing weighted current costs for land line and cell phones, as published by the Maine Public Advocate’s Office.The Department of Health and Human Services requested approval of a change in the Full Standard Utility Allowance (FSUA), Non-Heat Utility Only Allowance (NHUA) and the Telephone Only Utility Allowance (PHUA) from the United States Department of Agriculture (USDA), Food and Nutrition Services (FNS) on June 21, 2012. On July 2, 2012, the USDA, FNS approved Maine's proposed FSUA decrease from $644 to $634 per month, the NHUA decrease from $214 to $211 per month, and the PHUA increase from $40 to $41. This rule reflects those approved changes in the FSUA, NHUA and PHUA deductions.
Submit Comments (Opens in new window) - Comment Deadline: September 7, 2012 Posted: August 9, 2012
 
OFI MAINE ASPIRE/TANF PROGRAM RULES CH 607 Rule #17P -- 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.
Submit Comments (Opens in new window) - Comment Deadline: August 10, 2012 Posted: July 11, 2012
 
OFI – MAINE PUBLIC ASSISTANCE MANUAL, Electronic Benefits Transfer (EBT) System, 10-144 CMR, Ch. 331, Chapter VI, Page 35, Rule #97P 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.
Submit Comments (Opens in new window) - Comment Deadline: 05/03/2013 Posted: May 20, 2004