- ASPIRE Rule #28A - TANF Earnings Disregard Extensions
- Food Supplement Rule #FS219A - Temporary Student Policy
- MaineCare Rule #295A - Updates to Parts 9, (Special) Limited Benefit Groups, and 18, Presumptive Eligibility Determined By Hospitals
- FSET Rule #FSET5A - Bachelors Programs Approved
- Food Supplement Rule #FS217A - Increases Pursuant to P.L. 116-260 and P.L. 117-2
- Food Supplement Rule #FS215A - FFY 2021 Budgeting Figures
- Food Supplement Rule #FS214A - FFY 2021 ABAWD
- FSET Rule #FSET4A - Repeal and Replace
- ASPIRE Rule #26A - Support Services Changes
- Food Supplement Rule #FS213A - FS 777-3 Administration Procedures Claims and Collections
- MaineCare Rule #293A - MSP and DEL Income Limit Changes
- ASPIRE Rule #27A - Good Cause
- General Assistance Rule #23A - Changes Pursant to L.D. 459
|ASPIRE Rule #28A - TANF Earnings Disregard Extensions||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: This rule change aligns ASPIRE Program rules with changes to the Maine Public Assistance Manual that require the Department to consider receipt of the TANF earnings "Step" disregard as a condition for extended eligibility when a family has received TANF past the federal and state lifetime limit of 60 months. Step budgeting detailed in the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter IV, Step Disregard, requires a disregard of most or all of an individual's earned income for a period of months. This extension is required in 22 M.R.S. 3762(18) and 10-144 C.M.R. Ch. 331 Chapter I(J)(3)(g)(i). This extension shall be applied only if the individual both received the Step disregard and reached the 60-month limit on or after October 1, 2019. Therefore, it will not be applied to recipients who reached the limit prior to that date but may be applied to current or future recipients if they qualify for the Step disregard.
Additionally, changes were made to the Index to bring it in line with recent changes to the sections and pages that refer to each topic.
Effective Date: June 1, 2021
|View Comments: Summary of Comments (Word)||Posted: June 2, 2021|
|Food Supplement Rule #FS219A - Temporary Student Policy||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: This rule implements expanded eligibility for post-secondary students from January 16, 2021 through any certification period begun during the COVID-19 Public Health Emergency (PHE) or within 30 days of the date the COVID-19 PHE is terminated. This temporary expansion of eligibility for students changes the previous restriction on student eligibility for Food Supplement Program benefits. 7 U.S.C. 2015(e) and 7 C.F.R. 273.5. As a result, Food Supplement benefits will be available to more individuals.
A rule change is necessary to remain in compliance with The Consolidated Appropriations Act, 2021 (P.L. 116-260) Division N, Title VII Nutrition and Agriculture Relief, Subtitle A Nutrition, Section 702(e) which requires that students who are enrolled at least half-time in an institution of higher education and are eligible for work study or with an expected family contribution of $0 are not per se ineligible for Food Supplement Program benefits based on their student status. This expansion of eligibility is effective for any certification period in effect between January 16, 2021 and until 30 days after the COVID-19 Public Health Emergency (PHE) ends.
This rulemaking is distinct from 217A which was effective May 1 2021, though both arise from the same Consolidated Appropriations Act, 2021.
The Department implemented these changes on an emergency basis on February 18, 2021 effective January 16, 2020, in Rulemaking No. FS219E. Because the emergency rule is effective for only 90 days, this rulemaking is necessary to make the changes permanent.
The Consolidated Appropriations Act was enacted on December 27, 2020, requiring expanded student eligibility be implemented no later than January 16, 2021. Food and Nutrition Services (FNS) provided the final guidance in a February 2, 2021 memo. Accordingly, the Department is adopting this rule change to apply retroactively, effective January 16, 2021, to Food Supplement eligibility. Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. 42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
Additionally, the Department regularly reviews rules for readability, consistency, and contemporaniousness. To these ends, the following changes are being made:
1) Formatting and enumeration are updated for ease of reference and consistency with other sections of this manual, and other Office for Family Independence manuals;
2) The list of exemptions to student ineligibility is reorganized to list them from the easiest to verify and apply to the most cumbersome;
3) Incorrect citations are corrected;
4) Redundant conjunctions are removed;
5) Names of programs are updated or added as needed;
6) Gender specific pronouns are replaced with gender neutral ones;
7) The Subsection on treatment of income is dramatically reworded to read more like a list of requirements and less like an instruction manual for Department staff, and is updated to minimize redundancies; and
8) A detailed example that has caused some confusion about income and expense averaging strategies is removed, and the process for that averaging is consolidated to its own paragraph for emphasis.
Effective Date: May 19, 2021
|View Comments: Summary of Comments (Word)||Posted: May 19, 2021|
|MaineCare Rule #295A - Updates to Parts 9, (Special) Limited Benefit Groups, and 18, Presumptive Eligibility Determined By Hospitals||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: The Department is making various substantive and technical changes in Part 9, as well as in Part 18 of the MaineCare Eligibility Manual, 10-144 C.M.R. Ch. 332. The primary substantive changes are regarding the presumptive eligibility determination process. The rule implements the legislature's requirement that presumptive eligibility determinations be permitted for the limited family planning benefit group. It also reduces the penalties associated with performance standards and clarifies requirements for hospital presumptive eligibility determinations. Additionally, the Department regularly reviews policies to ensure clarity and conformity with state and federal Medicaid requirements. The Department is adding clarification to other sections of Parts 9 and 18 of this Manual to clarify eligibility criteria and processes. None of these clarifications make substantive changes to existing eligibility criteria or processes in a way that diminishes beneficiaries rights. Indeed, it could be that more beneficiaries are determined eligible for MaineCare services as a result of the new presumptive eligibility process for the limited family planning benefit group (Part 9, Sec. 4).
Within Part 9, Section 1, the Department is making the following changes. References to "HIV/AIDS Waiver" is changed to Benefit for People living with HIV/AIDS to align this manual section with the MaineCare Benefits Manual, 10-144 C.M.R. Ch. 101, Chapter X. Language is added to specify that this benefit is also referred to as the Special Benefit Waiver or SBW. This term is the one used in mailings to applicants and participants and is the name by which they know the program. For clarity, and to lend consistency throughout this Part, the information in the first paragraph is reorganized to first provide a description of the program and discuss eligibility later. Changes also include specifying which type of coverage was being referenced at each step, specifying that action was being taken on benefits not the individual, and removing unnecessary words. For emphasis, the exception allowing an individual to have SBW and DEL so long as DEL is supplementing Part D is moved to its own sentence. The Department is making changes in Subsection 1(A) specifying that this requirement only applies to individuals who qualify for SSI-Related MaineCare based on disability (not age), and reorganizing the paragraph to start with the requirement and then move into ways the requirement can be met. The Assets Subsection is moved before the Income Subsection for consistency with other Parts of the manual and the flow of the eligibility determination process. Language is added to Subsection 1(C) specifying that SSI-Related budgeting procedures (in Part 7) apply. To improve specificity, the due date of premiums is added to the first paragraph of Subsection 2. Subsection 2(A)(1) is amended to clarify that multiple month payments should be made in advance of the due date. In the Example in Subsection 2(A)(1), the figures are updated to current premium amounts. Subsection 2(A)(2) is amended to clarify that notice will be sent to the individual, allowing for e-noticing or mail as opposed to handing it to them. The last paragraph of Subsection 2(A)(3) is amended to clarify that the date in question is the last day of the grace period. Subsection 2(B)(2)(b) is amended to allow for a person other than a relative to be responsible for an individuals premium payments. Subsection 3(A) is amended to clarify that continuous coverage shall only be granted pending a hearing decision if the request for hearing is received during the Adverse Action Notice Period.
In Part 9, Section 2, the Department is making the following change to clarify that there are, in fact, two distinct Breast and Cervical Cancer programs. A sentence is added to the end of the first paragraph referencing the program available under 10-144 C.M.R. Ch. 708.
In Part 9, Section 4, the Department is adding language to comply with 22 M.R.S. 3173-G. Specifically, the rule sets forth the conditions for a provider to make a presumptive eligibility determination for the limited family planning coverage group, the process for making such a determination, the duration of the presumptive decision, and the process for securing ongoing eligibility. On September 22, 2020, the Centers for Medicare and Medicaid Services (CMS) approved a State Plan Amendment (SPA) authorizing these changes in the MaineCare program, effective October 1, 2020. Pursuant to 22 M.R.S. 42(8), these changes shall be applied retroactive to October 1, 2020. The changes benefit both providers and MaineCare beneficiaries.
Other changes are part of a standardization of practice across all OFI rules. Enumeration and lettering of subsections, paragraphs, etc. is updated as part of a general effort to make these systems consistent throughout OFI rules and as necessary to accommodate the addition and deletion of material. Cross references are updated where information had been moved as part of a prior rule making. Changes include use of gender inclusive pronouns. Other grammatical and typographical errors are corrected. Redundant terms are removed. References to MaineCare coverage that does not limit its coverage to a specific system or condition are consistently changed to full MaineCare. This term is familiar to applicants and participants as it is used in mailings to them. The Department finds that this term is less cumbersome and confusing than alternatives such as Categorically Needy or Medically Needy coverage and more accurate than some instances where one type of coverage was referenced and the other, inadvertently, left out.
Furthermore, this rulemaking makes changes in Part 18 of the Manual regarding requirements for hospitals to utilize Hospital Presumptive Eligibility, per Maines SPA that was approved by CMS on October 28, 2020. The changes clarify the Hospital Presumptive Eligibility process and impose an 80% performance standard and a process for enforcing same.
As a result of comments, Part 9, 1(1)(A) is further amended to allow eligibility for the Special Benefits Waiver coverage group for individuals complying with any treatment regimen determined by their licensed healthcare professional.
Effective Date: May 10, 2021
|View Comments: Summary of Comments (Word)||Posted: May 5, 2021|
|FSET Rule #FSET5A - Bachelors Programs Approved||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: Maine Department of Health and Human Services recently renewed its formal partnership with the Maine Department of Labor's Competitive Skills Scholarship Program (CSSP) to include the CSSP program in its array of FSET services. Effective October 1, 2020, this rulemaking expands Maines FSET post-secondary educational opportunities for FSET participants to include some 4-year degree programs that lead to high wage, in demand occupations, as defined by the Maine Department of Labor at 12-597, Chapter 2, Rule Governing the Competitive Skills Scholarship Program. The inclusion of these programs is consistent with the state plan amendment submitted to Food and Nutrition Services on October 23, 2020 and approved on November 13, 2020.
Additionally, this rule change allows co-enrolled FSET and CSSP participants to most efficiently participate in educational programming. The rulemaking also clarifies that participants may be co-enrolled with more than one FSET provider only when the providers are delivering different components of services, as defined in the rule. As a result of comments, this rule change further clarifies that in the case of more than one provider offering the same component of service, the participant may select the provider of their choice.
In partnering with the CSSP program, Maine DHHS staff will utilize the expertise of the Maine Department of Labor to identify which occupations are high wage, in demand occupations, and support the degrees needed accordingly through its FSET program.
Finally, effective March 8, 2021, this rulemaking strikes language disallowing reimbursement for on the job training or work experience. This change aligns Maines policy with new federal rules adding subsidized employment as an allowable component.
Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. 42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
This amendment is expected to be annually cost neutral, as the same number of participants will be served, and providers will be held to the established budgets and caps for services and participant reimbursements in their contracts or Memorandum of Understanding as previously approved.
Effective Date: May 1, 2021
|View Comments: Summary of Comments (Word)||Posted: April 28, 2021|
|Food Supplement Rule #FS217A - Increases Pursuant to P.L. 116-260 and P.L. 117-2||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: This rule change implements increases to the maximum and minimum allotments from January 1, 2021 through September 30, 2021. As a result, Food Supplement benefits would increase for some households. Furthermore, it increases eligibility thresholds. As a result, more households are eligible for Food Supplement benefits.
A rule change is necessary to remain in compliance with Division N, Title VII(A), Ch. 1 702(a) of The Consolidated Appropriations Act, 2021 (P.L. 116-260) amended by The American Rescue Plan Act of 2021 (P.L. 117-2) which requires that Food Supplement Program maximum and minimum allotments be increased by 15 percent for the period of January 1, 2021 through September 30, 2021. Food and Nutrition Services (FNS) provided the exact figures and guidance in a December 28, 2020 memo.
The Department implemented these changes on an emergency basis on February 1, 2021 effective January 1, 2021, in Rulemaking No. FS217E. Because the emergency rule is effective for only 90 days, this rulemaking is necessary to make the changes permanent and extend them through September 30, 2021.
This adopted rule change differs from the emergency and proposed versions in that the time frame for the 15 percent increase is extended through September 30, 2021. This extension is necessary to comply with Title I(B) 1101(a) of The American Rescue Plan Act of 2021 (P.L. 117-2) which passed during the comment period.
Additionally, a rule change is necessary to remain in compliance with Federal regulation 7 C.F.R. 273.9(a)(3), which requires that Food Supplement Program income limits be updated each year, effective October 1. Non-compliance could result in federal penalties or loss of federal funds.
Maine exercises an option for Broad Based Categorical Eligibility under 7 C.F.R. 273.2(j)(2) which includes a 185% Federal Poverty Level (FPL) test. Since this figure is not included in the figures updated each federal fiscal year per 7 C.F.R. 273.9(a)(4), it is updated as soon as the FPLs are published. This year, they were published at https://aspe.hhs.gov/poverty-guidelines on January 13. See also, Annual Update of the HHS Poverty Guidelines, 86 Fed. Reg. 7,732 (February 1, 2021) https://www.federalregister.gov/documents/2021/02/01/2021-01969/annual-update-of-the-hhs-poverty-guidelines. The Department is making this change retroactive to January 13, 2021. Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. 42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
Finally, the rule change removes end dates from the last set of figures of each chart to alleviate unnecessary future rule making should the figures remain the same. Some charts are, also, condensed to more clearly show where figures have been retained for an extended period of time.
Effective Date: May 1, 2021
|View Comments: Summary of Comments (Word)||Posted: April 21, 2021|
|Food Supplement Rule #FS215A - FFY 2021 Budgeting Figures||Rule - Track Changes (Word)||Rule - Clean (Word|
Concise Summary: A rule change is necessary to remain in compliance with Federal regulation 7 C.F.R. 273.9(d). 7 C.F.R. 273.9 requires that Food Supplement Program income and asset limits, maximum and minimum allotments, standard deductions, maximum shelter deductions, homeless shelter deductions, standard utility allowances (SUAs) and income change reporting thresholds be updated each year, effective October 1. This year, the United States Department of Agriculture (USDA) COLA Memo FY2021 provided more generous income limits, maximum allotments, standard deductions (for most households), maximum shelter deduction, and homeless shelter deduction. The same memo showed no change in minimum allotments, the standard deductions for households of one to three members, asset limits or income change reporting thresholds. Each state agency is charged with determining standard utility allowances and having those approved by USDA. The utility allowance values were calculated to remain the same using The Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor, and were submitted to and approved by USDA. Non-compliance could result in federal penalties or loss of federal funds.
The Department implemented these changes on an emergency basis on October 1, 2020, most of which were effective October 1, 2020, in Rule No. FS215E. Changes that applied to 185% FPL were effective retroactive to January 14, 2020. Because the emergency rule is effective for only 90 days, this rulemaking is necessary to make the changes permanent.
Retroactive rulemaking is necessary to keep Maine's policies in line with federal requirements, and is authorized under 22 M.R.S. 42(8) as it benefits Food Supplement recipients and does not have an adverse financial impact on any provider, member, recipient or beneficiary.
Effective Date: Dec 30, 2020
|View Comments: Summary of Comments (Word)||Posted: December 23, 2020|
|Food Supplement Rule #FS214A - FFY 2021 ABAWD||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: 7 CFR 273.24 provides that no individual shall be eligible to participate in the Supplemental Nutrition Assistance Program (SNAP) as a member of any household if the individual received program benefits for more than 3 months during any 3-year period in which the individual was subject to but did not comply with the ABAWD work requirement.
PL 116-127 (Families First Coronavirus Response Act) 2301 suspended these requirements from April 1, 2020 through the month following the month the public health emergency (PHE) declaration by the Secretary of Health and Human Services, based on an outbreak of COVID-19 is lifted. The PHE declaration has not been lifted as of the date of this proposed rulemaking. The current PHE is set to expire January 20, 2021 though the Secretary has the authority to extend the PHE.
This rule implements the national suspension of the ABAWD requirements under the Families First Coronavirus Response Act, for the period of September 1, 2020 through September 30, 2020.
7 C.F.R. 273.24(f) provides that, upon the request of the State agency, the Secretary may waive the applicability of the 3-month ABAWD time limit for any group of individuals in the State if the Secretary makes a determination that the geographic area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.
This rule implements the July 15, 2020, ABAWD geographic state-wide waiver approval, pursuant to 7 C.F.R. 273.24(f)(2) and Section 6(o) of the Food and Nutrition Act of 2008, for the period October 1, 2020 through September 30, 2021, or until the date at which the new waiver standards become effective, whichever occurs earlier. The Department's waiver request was approved by the U.S. Department of Agriculture, Food and Nutrition Service (FNS), on July 15, 2020. USDA: Able-Bodied Adults Without Dependents (ABAWD) Waiver Response, Serial Number 2190025.
In the July 15, 2020 FNS Waiver Response, FNS determined that the Department met the waiver requirement by providing a copy of the Department of Labor Trigger Notice No. 2020-17, effective May 10, 2020, showing that, state-wide, Maine qualified for extended unemployment benefits.
This rule change will enhance nutritional stability and consistency for thousands of Maine households at a time of financial and health uncertainty.
The Department is adopting this rule with a retroactive application to September 1, 2020. Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. 42 (8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
Effective Date: Dec 17, 2020
|View Comments: Summary of Comments (Word)||Posted: December 16, 2020|
|FSET Rule #FSET4A - Repeal and Replace||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: The Department has redesigned its Food Supplement Employment and Training (FSET) Program, based on federal technical assistance. The new model has moved away from having Maine Department of Labor deliver FSET services to a model used by many other states whereby the Department contracts directly with community-based organizations and educational institutions that deliver employment and training. These providers must follow federal guidelines for SNAP Employment and Training. This repeal and replace rulemaking governs Maine's FSET program.
This new rule provides as follows:
1) Clarifies that FSET services are delivered by contracted providers who must deliver service components that meet federal standards;
2) Lays out the operating procedures including participant, contractor and Department responsibilities;
3) Provide a more complete and detailed list of available services and supports;
4) Identify priority target groups;
5) Section 8(I) (Support Service Limits) sets annual support service limits for participants;
After reviewing Comments, and receiving advice from the Office of Attorney General, the Department made these changes in the Adopted Rule:
1) The Department added additional language to Section 11(II) (Administrative Hearings), clarifying what Department actions and determinations can be appealed, and when the request for administrative hearing must be made. The Department added the citation for the Food Supplement Program Rule, 10-144 Chapter 301, as this rule incorporates the Administrative Hearing process from Section FS 777-1 of that rule.
2) The Adopted Rule also modifies the FSET program, from a mandatory program to an entirely voluntary program. The Proposed rule proposed a mandatory/voluntary program. Both commenters (Maine Equal Justice and Preble Street) expressed concern with a mandatory program, pointing to national studies which indicate that voluntary programs for vocational training or work experience yield more engaged participants with stronger outcomes. The Department agrees with the Commenters, and is making this change in the Adopted rule, to make the FSET program a voluntary program. The Department considers this to be a beneficial change for all Participants.
Effective Date: September 1, 2020
|View Comments: Summary of Comments (Word)||Posted: September 2, 2020|
|ASPIRE Rule #26A - Support Services Changes||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: This adopted rule makes the following changes:
Section 1 (Definitions and Descriptions)
- The definition of "UP (Unemployed Parent), was deleted. This definition has not been relevant since deprivation was removed as a TANF requirement as part of Adopted Rule Number 2017-198.
Section 11 (Work Activity Services)
- Sec. I(M) deleted the reference to unemployed parents. These references have not been relevant since deprivation was removed as a TANF requirement as part of Adopted Rule Number 2017-198.
Section 14 (Support Service Benefits and Payment Provisions)
- Sec. II(B) The general mileage rate was increased from $ .30/mile to $ .44/mile and the weekly dollar amount cap limit was raised from $120/week to $140/week as part of the proposed rule to keep a consistent amount with other OFI employment and training programs at the time of proposal. In the adopted rule the mileage rate has been increased to $.45/mile, which is consistent with the mileage rate utilized in the State of Maine/Maine Service Employee's Association (MSEA) collective bargaining agreement. See: https://www.maine.gov/osc/travel/mileage-other-info.
- Sec. II(B) In the final rule, the Department decided to not adopt the proposed elimination of a special mileage rate of $.45/mile for ASPIRE participants who are disabled and who operate their own personal wheelchair lift or other specially equipped vehicle during the course of allowed ASPIRE activities. In response to a Rule Comment, this final rule keeps the special mileage for these individuals. Additionally, the final rule increased the rate to $.55/mile. The rate is consistent with Maines standard mileage reimbursement rate paid by the State Controller and published by DAFS at https://www.maine.gov/osc/travel/mileage-other-info for Maine State Employees covered under the contract established by MSEA.
- Sec. II(C)(1) (Auto Repairs). The final rule broadened the scope of vehicles for which ASPIRE will pay repairs to include vehicles registered to specified relatives who have a valid license to operate a motor vehicle in Maine, if they reside in the home of the ASPIRE participant, and who would be included in the TANF grant if otherwise eligible. The added language ensures that the automobile being repaired has a licensed operator in the home. There are other support services that can assist with license attainment for ASPIRE participants if needed.
- Sec. II(D) (Auto Liability Insurance). The final rule increased the reimbursement for auto insurance from $300 to $600 per calendar year and includes the requirement that the participant must have a valid Maine drivers license. The department finds that an increase in the maximum amount of auto insurance paid per calendar year is reflective of current insurance expenses and is consistent with other Office for Family Independence programs.
- Sec. II(K) (Relocation Costs) The general mileage rate was increased from $ .30/mile to $ .44/mile and the weekly dollar amount cap limit was raised from $120/week to $140/week as part of the proposed rule to keep a consistent amount with other OFI employment and training programs at the time of proposal. In the adopted rule the mileage rate has been increased to $.45/mile, which is consistent with the mileage rate utilized in the State of Maine/Maine Service Employees Association (MSEA) collective bargaining agreement. See: https://www.maine.gov/osc/travel/mileage-other-info.
Effective Date: September 1, 2020
|View Comments: Summary of Comments (Word)||Posted: September 2, 2020|
|Food Supplement Rule #FS213A - FS 777-3 Administration Procedures Claims and Collections||Rule - Track Changes (Word)||Rule - Clean (Word)|
Concise Summary: The purpose of this rule is to update procedures regarding the establishment, compromise and collections of Food Supplement overpayment claims. This rule will more closely align Maine policy with that of other states in the Northeast SNAP Region.
Due to cost effectiveness, Maine will no longer establish overpayment claims equal to or less than $200 for households still participating in the Food Supplement program or $500 for households no longer participating in the program. Maine will now compromise unintentional household errors. Maine may compromise agency and unintentional household errors at the time the claim is established. Additionally, when calculating unintentional household errors Overpayment Specialists will now go back two years from discovery rather than six years.
Effective Date: September 1, 2020
|View Comments: Summary of Comments (Word)||Posted: September 2, 2020|
|MaineCare Rule #293A - MSP and DEL Income Limit Changes||Rule - Track Changes (PDF)||Rule - Clean (Word)|
Concise Summary: This rulemaking expands eligibility by increasing income thresholds for beneficiaries in the MaineCare Eligibility Manual, Part 8, Medicare Savings Program (Buy-in), 10-144 C.M.R. Ch. 332, consistent with legislative appropriations in P.L. 2019, Ch. 343, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2019, June 30, 2020, and June 30, 2021 (effective June 17, 2019), and with approval from the Centers for Medicare and Medicaid Services (CMS). In addition, the Department has incorporated into this rule a number of formatting and grammatical changes. The Department is adopting this rule retroactive to February 1, 2020, as approved by CMS, and as authorized in accordance with 22 M.R.S. 42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
This rulemaking also expands eligibility by increasing income thresholds in the Low Cost Drugs for the Elderly and Disabled (DEL) rule, 10-144 C.M.R. Ch. 333, consistent with legislative appropriations in P.L. 2019, Ch. 343 and resulting statutory changes in 22 M.R.S. 254-D(4)(D). The Department is adopting this rule retroactive to July 1, 2019 as required by law and consistent with 22 M.R.S. 42(8).
Effective Date: MSP February 1, 2020
|View Comments: Summary of Comments (Word)||Posted: August 12, 2020|
|ASPIRE Rule #27A - Good Cause||Rule - Track Changes||Rule - Clean|
Concise Summary: The adopted change provides ASPIRE participants with additional process and information regarding the Good Cause exception.
The rule also implements changes to Maine's Work Verification Plan dated September 30, 2019, to incorporate basic skills activities, including English for Speakers of Other Languages (ESOL), Adult Basic Education (ABE), General Education Diploma (GED), and High School Equivalency (HSE), into vocational educational training.
Effective Date: July 20, 2020
|View Comments: Summary of Comments||Posted: July 1, 2020|
|General Assistance Rule #23A - Changes Pursant to L.D. 459||Rule - Track Changes||Rule - Clean|
Concise Summary: The Rule makes several changes to the Manual governing operation of the General Assistance (GA) program to comport more closely with recently adopted statutory changes. In particular, those changes made through SP 137 - LD 459, codified at PL 2019, ch. 515. It adds the definitions of homelessness and presumptive eligibility. It specifies that an emergency exists when a person is facing or experiencing homelessness. It allows for, and details the process and timelines for, presumptive eligibility. It clarifies that an 'initial applicant' is one who has never applied before. It clarifies the time limit for the lump sum penalty to conform to the amended statute. It updates the definition of narrative statement to require one each time action is taken on an application.
Effective Date: July 1, 2020
|View Comments: Summary of Comments||Posted: July 1, 2020|