10-144 C.M.R. Ch. 333; Low Cost Drugs for the Elderly and Disabled (DEL) Manual; MC Rule #305P - DEL Asset Test Removal

Date posted:


The proposed rule change would remove the asset test, Section 2.1, effective retroactive to January 1, 2024. The proposed rule change is based on a legislative change to 22 M.R.S. § 254-D(4)(B) made by P.L. 2023, ch. 412, Part EEEEE. This rule change is consistent with a recent MaineCare Eligibility Manual proposed rule change which would remove the asset test for all Medicare Savings Plan coverage types. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as this update provides a benefit to recipients and applicants.

The proposed rule change will ensure eligibility consistency between the Medicare Savings Program and the Low Cost Drugs for the Elderly Program. The Department will continue to accept DEL applications and render eligibility decisions through existing processes.

The Department anticipates this rulemaking will cost approximately $414,414 in state dollars in SFY 2024 and $2,616,798 in SFY 2025. In SFY 2026 and each subsequent year, the anticipated cost of this rulemaking is $2,983,920 in state dollars.

STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1) and (8); 254-D(4)(B)

PUBLIC HEARING: No public hearing is scheduled.

COMMENT DEADLINE: Monday, January 8, 2024, at 5:00 p.m. ET.

Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.


Adam Hooper, MaineCare Program Manager

Department of Health and Human Services

Office for Family Independence

109 Capitol Street

Augusta, ME 04330-6841                                                                                                                

Phone: (207) 624-4178/Fax: (207) 287-3455

TT Users Call Maine Relay – 711



Office: Office for Family Independence

Routine technical

Email: Adam.Hooper@maine.gov

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