Proposed Rulemaking

10-144 CMR Ch. 332, Part 12, Residential, Section 4.3.1 - Determining the Coast of Care for an Individual; Section 4.3.2 - Determining Cost of Care for a couple; and Section 4.3.3 - Determining Cost of Care for an Individual or Couple open on SSI. Rule # WORD  PDF   
Concise Summary: The current rule combines the explanation for determining cost of care for individuals and couples who only receive an SSI benefit with the explanation for determining a cost of care for individuals and couples who receive an SSI benefit along with other sources of income. This resulted in confusion and cost of care determinations that were often inaccurate (e.g., a federal disregard of $20 was often incorrectly given to persons who only receive an SSI benefit). The new rule provides instructions for: • determining cost of care for individuals and couples who only receive an SSI benefit; • separate instructions for determining cost of care for individuals and couples who receive an SSI benefit along with another source of income; and • corrects the explanation for determining cost of care for individuals and couples who do not receive an SSI benefit. The current rule incorrectly allowed an earned income disregard in some cases; the new rule clarifies the instructions, which should prevent future erroneous disregards.
Submit Comments (Opens in new window) - Comment Deadline: 10-19-2014 Posted: September 22, 2014
 
Rule 104P: Chapter I – Eligibility Process Non-Payment Situations (pages 15, 16, & 17) WORD  PDF   
Concise Summary: Individuals convicted of a drug-related felony, after August 1, 1996, as described in Section 115 of PRWORA, and who tested positive for illegal drugs on a drug test administered by the Department and does not agree to enroll in a substance abuse treatment program appropriate to the type of illegal drug being used by the individual, will lose their TANF benefits. If the caretaker relative is disqualified from the TANF eligibility, and other eligibility unit members remain eligible, a protective payee must be assigned.
Submit Comments (Opens in new window) - Comment Deadline: September 7, 2014 Posted: August 6, 2014
 
Rule #187P – General Program Requirements/Nonfinancial Eligibility Factors WORD  PDF   
Concise Summary: The Department is proposing changes that, as of October 1, 2014, will require Maine SNAP recipients who are able-bodied adults between the ages of 18-49 without dependents (ABAWDs) to meet work requirements of the federal SNAP program. This change will not impact SNAP recipients who do not meet the age requirements, those who are temporarily or permanently disabled, have dependent children in the household, are caring for an incapacitated adult, are currently receiving substance abuse treatment, are in school at least half-time, are meeting volunteer requirements, or are pregnant. ABAWDs will be limited to 3 months of benefits in a fixed 36-month period (beginning October 1, 2014) if they do not meet work requirements.
Submit Comments (Opens in new window) - Comment Deadline: 8/31/2014 Posted: August 1, 2014
 
10-144 CMR 332 Charts & Appendices; Rule 274P – Updated Federal Poverty Levels and Cost of Living Adjustments WORD  PDF   
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.
Submit Comments (Opens in new window) - Comment Deadline: 7/20/2014 Posted: June 20, 2014
 
OFI – Maine Public Assistance Manual, 10-144 CMR, Ch. 331, II, Eligibility Requirements (non-financial),Pages 1-4c; Rule # 102P – Eligibility Requirements PDF  WORD   
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.
Submit Comments (Opens in new window) - Comment Deadline: 6/22/2014 Posted: May 22, 2014
 
Rule # 267P: 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 for the period from January 1 to December 31, 2014, 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.
Submit Comments (Opens in new window) - Comment Deadline: May 4, 2014 Posted: April 7, 2014
 
Rule # 275P: Low Cost Drugs for the Elderly and Disabled (DEL) WORD  PDF   
Concise Summary: This rule proposes to include a liquid asset test of no more than $50,000 per person or $75,000 per couple in eligibility determinations for the Low Cost Drugs for the Elderly and Disabled program. This is the same asset test used for the Medicare Savings Program (MSP). It also changes the review period from 24 to 12 months and requires members to report financial changes within 10 days. The Reference to DEL having a 24 month eligibility period in the MaineCare Eligibility Manual, Part 2 Section 13: Eligibility Periods/Reviews has been removed.
Submit Comments (Opens in new window) - Comment Deadline: 05/04/2014 Posted: April 7, 2014
 
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 #273P - 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.
Submit Comments (Opens in new window) - Comment Deadline: 3/3/2014 Posted: January 30, 2014
 
OFI – MAINE PUBLIC ASSISTANCE MANUAL Ch. 331- Chapter V, Post TANF Benefits, pages 1-7; Rule #99P – 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.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, January 24, 2014. Posted: January 2, 2014
 
OFI, General Assistance, 10-144 CMR 323 Section V: Eligibility Factors, Page 2; Rule #17P – Non-Financial Eligibility Factors: Citizenship PDF  WORD   
Concise Summary: This rule proposes to align Maine’s General Assistance citizenship eligibility requirements with those applicable to legal non-citizens who are covered under other federal and state funded programs such as Temporary Assistance for Needy Families (TANF) and the Maine Food Supplement (SNAP) program. Under the proposed rule, individuals who are not eligible for federal or state TANF or SNAP benefits due to citizenship status will not be eligible for General Assistance.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, January 24, 2014 Posted: December 23, 2013
 
10-144 CMR Ch. 607, Section 17- TANF Time Limit Extensions, Rule #20P – Pre-Termination Notice and Conference and Temporary Hardship Extensions WORD  PDF   
Concise Summary: This rule permanently adopts changes previously made to implement biennial budget provisions concerning a 60-month lifetime on limit on TANF eligibility absent qualification for an extension or exemption. 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.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, December 13, 2013 Posted: November 13, 2013
 
MAINECARE ELIGIBILITY MANUAL, 10-144 CMR Chapter 332, Rule #264P -Part 1, General Information, Section 9 Program Integrity WORD  PDF   
Concise Summary: This proposed 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 purposely 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.
Submit Comments (Opens in new window) - Comment Deadline: 11/22/2013 Posted: October 23, 2013
 
Maine Food Supplement Program Certification Manual, Ch. 301; Rule # 183P - 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.
Submit Comments (Opens in new window) - Comment Deadline: 11/22/2013 Posted: October 22, 2013
 
OFI MAINECARE ELIGIBILITY MANUAL, CH 332, Rule #270P Part 9 Section 3, Special Groups – Expiration of MaineCare Childless Adults Waiver WORD  PDF   
Concise Summary: The MaineCare Childless Adults section 1115 demonstration project 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, Special Groups.The Department will provide prior notice to the recipients impacted by these changes, and determine whether they qualify for MaineCare under another coverage group.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, November 8, 2013 Posted: October 9, 2013
 
Maine Food Supplement Program Certification Manual, Rule # 182P COLA and SUA Changes FS Section: FS-0001, FS-555-5 pgs 1-11 WORD  PDF   
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. Federal regulations 7 CFR 273.9(a), 273.10(e ) and 273.9(d) require that these standards be updated annually. There are also some minor adjustments to federal regulation citations to improve clarity.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, November 1, 2013 Posted: October 3, 2013
 
Rule # 271P: Asset Test for Medicare Buy-In (Medicare Savings Program [MSP]) WORD  PDF   
Concise Summary: This rule implements provisions of the Biennial Budget (PL, 2013, chapter 368, page 360), to include a liquid asset test in eligiblity determinations for the Medicare Savings Program (MSP) using the same asset test used for the state-funded home-based care program. Effective January 1, 2014, a liquid asset limit of less than or equal to $50,000 per person or $75,000 per couple will be applied to the following beneficiaries: Qualified Medicare Beneficiary (QMB), Specified Low Income Medicare Beneficiary (SLMB), and Qualifying Individual (QI).
Submit Comments (Opens in new window) - Comment Deadline: midnight, October 25, 2013 Posted: September 25, 2013
 
Rule #16P - General Assistance accountability, cost-effectiveness, uniformity, and program integrity 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 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.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, October 4, 2013 Posted: September 4, 2013
 
Rule # 101P – 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.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, October 4, 2013 Posted: September 4, 2013
 
MaineCare Eligibility Manual, 10-144 CMR Ch. 332, 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 Fe WORD  PDF   
Concise Summary: The Department is authorized to adopt rules that have a retroactive application to comply with federal requirements or to conform to the State Medicaid Plan as filed with the federal government as long as there is no adverse financial impact on recipients. This proposed rule will bring Maine into compliance with Federal law as we are required to apply the SSI Cost of Living Adjustment for 2013 to MaineCare eligibility rules retroactive to January 1, 2013. This proposed rule also makes retroactive changes to the Spousal Impoverishment amounts that were effective July 1, 2012. The Department was not able to make the changes in the MaineCare Eligibility Manual until now. The Standard Utility Allowance for utilities and telephone are also updated in order to remain consistent with Federal requirements, and makes other technical and clarifying changes that are not substantive. These changes are not retroactively applied.
Submit Comments (Opens in new window) - Comment Deadline: Midnight, September 13, 2013 Posted: August 14, 2013
 
OFI – Maine Public Assistance Manual, Rule # 100P – Legal Non-Citizen Hardship, 10-144 CMR, Ch. 331, VII, Page 9a 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. This proposed rule is being processed at the same time as Emergency Rule 100, each with the goal to implement provisions of the Biennial Budget at the earliest opportunity to assist those described-above.
Submit Comments (Opens in new window) - Comment Deadline: midnight, September 6, 2013 Posted: August 14, 2013
 
OFI – MAINE FOOD SUPPLEMENT CERTIFICATION MANUAL, Rule 181P – 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. This proposed rule is being processed at the same time as Emergency Rule 181, each with the goal to implement provisions of the Biennial Budget at the earliest opportunity to assist those described-above.
Submit Comments (Opens in new window) - Comment Deadline: midnight, September 13, 2013 Posted: August 14, 2013
 
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 ASPIRE/TANF Program Rules, 10-144 C.M.R. Ch. 607, Rule #18P, Misuse of Cash Benefits, Section 4: Participants’ Rights & Responsibilities; Sanctions, Good Cause; Fair Hearings; Confidentiality; Overpayment Procedures 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: 08/30/2013 Posted: June 20, 2008
 
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