MaineCare Rule #313A - Noncitizen Updates

Date posted:

Attachment(s):

10-144 C.M.R. Ch. 332; MaineCare Eligibility Manual

Parts 2 and 6

MaineCare Rule #313A – Noncitizen Updates

The Department adopts routine technical changes to 10-144 C.M.R. Ch. 332; MaineCare Eligibility Manual to ensure compliance with Sections 1903(v)(5) and 2107(e)(1)(R) of the Social Security Act (SSA), as amended by § 71109 of the Budget Reconciliation Act of 2025 (P.L. 119-21), effective October 1, 2026.

The adopted rule updates Part 2, by eliminating eligibility for some noncitizens in order to align with federal law cited above. Part 2, Section 5 is updated to clarify expectations for reporting of Social Security numbers. Part 2 is also updated to align with federal changes to 42 C.F.R. § 435.407 concerning documentation requirements for U.S. citizens and U.S. nationals. In addition, the adopted rule changes Part 6, Section I, by eliminating “They are automatically eligible for Medicaid unless they refuse to assign their rights to medical payments (see Part 2, Section 6) for medical care or are ineligible due to Medicaid Qualifying Trust rules (see Appendix H).” Further, the adopted rule makes non-substantive changes to correct typographical errors, improve readability and provide clarifying language for readers, participants, and Department staff.The Department determined non-substantive changes were necessary to the final rule to correct formatting and spacing issues. In addition, a change in sentence structure has been corrected in the final rule to create clarity for readers. The final rule is consistent in substance with the rule that was proposed.

The following changes have been made to the final rule:

Part 2, Section 2:

  • A comma was added to “Once the Department has determined that an individual meets the criteria of one or more coverage groups, possible assistance units for each coverage group are identified.”

Part 2, Section 3.1:

  • III(A) is updated to “It begins the date after the member receives notice informing them that they need to provide documentation of citizenship, national status, or satisfactory immigration status. The date the notice is received is 5 days after the date on the notice.”

Part 2, Section 3.2:

  • III(B)(2)(b) – comma added to “evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975, and the individual’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or”
  • III(B)(2)(c) – comma added to “evidence of continuous domicile in the NMI since before January 1, 1974, and the individual’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).”
  • IV(K) has been updated to “Finding of identity from a federal or state governmental agency. The Department may accept a finding of identity from a federal agency or another state agency as proof of identity (not described in Section 3.2 paragraph IV(I), including but not limited to a public assistance, law enforcement, internal revenue or tax bureau, or corrections agency, if the federal agency or other state agency verified and certified the identity of the individual.”

This rule will not have an adverse impact on municipalities or small businesses.

Statutory Authority: 22 M.R.S. §§ 42(1), 3173, and 3174-FFF

Effective Date: October 1, 2026

Office: Office for Family Independence

Comment deadline:

Effective date:

The comment period for this rule has closed.