Adopted Rulemaking

All DHHS rules posted on or after January 5, 2023 are available on the DHHS Rulemaking page.

TANF Rule #119A - Expansion of Transitional Transportation, and Adjustments to TANF Budgeting Rule - Track Changes (Word)  Rule - Clean (Word) 
Concise Summary: This adopted rule amends Chapter III to clarify the exclusion of certain non-recurring payments as assets. Chapter III Section (B) increases the excluded threshold in recognition of inflation. Chapter V Section B extends the Transitional Transportation (TT) benefit to working families with income below 200% of the federal poverty level even if a family did not participate in ASPIRE-TANF, or lost TANF for a reason other than employment. Pursuant to P.L. 2021 ch. 1 N-1, this adopted rule restricts eligibility for this group to $1,400,000 per year. Additional updates to Chapter V Section B(4) and (5) include changes related to Chapter V Sections B(4) and (5) regarding payment of TT supports. It also applies the $20 cap uniformly to all months rather than reduce it to $15 for the second six months. In addition, it also clarifies that this benefit is available so long as transportation is incurred regardless of the mode of transportation. Chapter V(B)(6)(a)(v) is amended to clarify that households only need to report increases in income that put them over the applicable limit. Appendix Charts page 1, The Table of Percentages for First Month Payment, corrects the rate for the 31st day of the month from 3.20 percent to 3.23 percent. This adopted rulemaking includes minor changes such as correcting typographical errors, enumeration and formatting changes necessitated by more substantive changes, adding clarifying language, and reducing the use of stigma inducing language as well as modernizing the asset type list to include crypto currency. All of the above changes are effective upon adoption of this rule. Updates to Chapter V Section B(4) increases the mileage reimbursement to align with the rate afforded to those covered under the Maine State Employees Association (MSEA) contract. This change is effective retroactive to October 1, 2022, consistent with the MSEA contractual change. Pursuant to 22 M.R.S. 3769-C(1)(D), this adopted rule increases Appendix Charts, page 2, Standard of Need and Maximum Grant, each October based on the Cost of Living Increase, used by the Social Security Administration. To comply with 22 M.R.S. 3762(8)(C), Appendix Charts page 3, Worksheet For Calculating Transitional Child Care (TCC) Parent Fees and Subsidy Payments, is updated based on Federal Poverty Level (FPL) figures published in the Annual Update of the HHS Poverty Guidelines, Federal Register 87:14 (January 21, 2022) p. 3315. effective retroactive to October 22, 2022. 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. The adopted rule differs from the proposed rule in the following way: Chapter V Section (B)(a)(i) is updated to Transitional Transportation (TT) is available for up to 18 months when requested within twelve months of TANF/PaS closure. This adopted rule effectuates additional supports for working families and reduces complexity of the program for them and Department staff. Additional changes to the adopted rule intends to improve readability and contemporariness of the sections. Families receiving TANF may see an increase in their benefits. In addition, some families not previously eligible for TANF may be eligible under the new income guidelines. The Department does not anticipate that this rulemaking will cause any specific, actual or any potential points of public controversary for stakeholders, businesses, or municipalities.
Effective Date: December 10, 2022
View Comments: Summary of Comments (Word)  Posted: December 7, 2022
MaineCare Rule #300 Rule - Track Changes (Word)  Rule - Clean (Word) 
Concise Summary: P.L. 2021 Ch. 461 amended 22 M.R.S. 3174-G to incrementally increase the period of time an individual can receive postpartum coverage. P.L. 2022 Ch. 519 adjusted the timeframe of those extensions to comply with 42 U.S.C. 1396a(e) and 1397gg(e)(1) as amended by P.L. 117-2, the American Rescue Plan Act of 2021. This rulemaking incorporates those extended timeframes into Part 2 13.1(III) and Part 3 2.3(I) effective August 1, 2022. P.L. 2021 Ch. 461 further amended 22 M.R.S. 3174-G to provide MaineCare coverage to non-citizens during their pregnant/postpartum period or under the age of 21 to the extent allowable under federal law. This rulemaking incorporates that coverage into Part 3 2.3(III). Consistent with amendments made by P.L. 2022 Ch. 519, and State Plan Amendments ME 22-0020 and ME-20-0021 these changes are, also, effective July 1, 2022. P.L. 2021 Ch. 398 Part DDD established 22 M.R.S. 3174-FFF to provide state-funded MaineCare and CubCare to non-citizens under age 21 who would be eligible for the federally-funded program if not for their immigration status. This rulemaking incorporates that program in the definitions of "Cub Care" and Coverage for Noncitizens Under Age 21 in Part 2 1, Part 3 2.1(V), and Part 5 3(C) effective July 1, 2022 consistent with the timeframe in law. Consistent with 8 U.S.C. 1612(b)(2)(G) as established by the Consolidated Appropriations Act, 2021, P.L. 116-260, 208, this rulemaking extends MaineCare coverage to otherwise eligible non-citizens with Compact of Free Association (COFA) status. This addition of Subparagraph P to Part 2 3.4(I) is effective December 27, 2020. The Department is adopting the preceding changes retroactively to the dates indicated. Retroactive rulemaking is permissible under 22 M.R.S. 42(8) as these changes afford benefits to more residents of the State of Maine and do not adversely impact applicants, participants, beneficiaries, or providers. The following changes are not adopted retroactively. This rulemaking clarifies the requirements in Part 2 3.1, 3.2, 3.3, and 3.4 for applicants and the Department as they relate to noncitizen eligibility. These requirements are consistent with 42 U.S.C. 1320b-7 and 42 C.F.R. 435.956(a). The Department is updating Part 2 11, and Part 5 1, 9, and 10 to reflect online application avenues that have changed. The Department is removing language from Part 3 2.4 and Part 5 3 that was necessary immediately after the adoption of other rule changes, but no longer applies. The following additional updates are being made to Part 2. Section 7.1 is amended to include a more accurate list of programs that do not require cooperation in obtaining medical support from a non-custodial parent. The Department is removing redundant language from Section 12.2. Additionally, general verification requirements in Section 12.1 are modified to specify that the Department must use electronic verifications systems when available. Only if eligibility cannot be determined based on those systems is verification required of the individual. These changes are necessary to comply with 42 C.F.R. 435.949. Section 13.1 is amended to more clearly articulate that while a child may be eligible for continuous coverage for 12 months, the category of eligibility may change. Section 13.3 is reworded to be more consistent with other sections that address change reporting. The Department is removing ambiguous language from Section 13.4. Clarity is added to Section 15 related to the types of computer matches that require timely noticing. The following additional updates are being made to Part 3. A definition of Federal Poverty Level is added to Section 1. The Department is removing an unnecessary redundant definition in Section 2.1. Section 2.2 is corrected to indicate an individual is still considered to live with their parent or caretaker if they attended the Governor Baxter State School for the Deaf if services cannot be found in their home community. Section 2.3(II) is amended to clearly state that providers must communicate a decision to the Department as a whole, not to a specific regional office. It is further be amended to clarify that Presumptive Eligibility ends the earlier of the date the Department renders a decision or the end of the month following the month the provider renders a decision. Section 4.1.1 is amended to more clearly state which coverage groups may move to Transitional MaineCare. Section 4.2.2 is amended to reflect that recipients who are no longer employed must request a good cause determination before the Department can establish one. The Department is removing redundant language from Part 5 Section 9. Finally, some non-substantive changes are being made for clarity and inclusivity. Where possible, similar terms that may have carried stigma or are now out of date are replaced with noncitizen. The Department is using person first language except where it would create inconsistency in terminology used in other parts of the manual. Language is rendered gender neutral where possible. The Department is converting some language to the active voice for clarity. Some instances of bulleted items are converted to a more consistent outline style. Citations and cross references are updated as needed for accuracy, clarity, and consistency of format. Minor corrections to punctuation, grammar, and spelling are being made. Whole numbers zero through ten are being represented in word form with all other numbers being represented numerically (consistent with the method being applied to all Office for Family Independence Manuals). Date format is being made consistent throughout these parts. Part 2 8 is reorganized. These changes improve the readability of the manual without changing its meaning. The adopted rule differs from the proposed rule in the following ways: Amendments have been made to clarify that the SAVE requirements do not apply to citizens or noncitizens who do not declare a qaualifying status; The reference to individuals being limited to Emergency Services if SAVE verification could not be completed within the reasonable opportunity period has been removed; the section on Emergency Services has been updated to clarify it does not apply to individuals under 21 or to pregnant individuals eligible for full coverage; References to the Mountain View Youth Development Center have been modernized to refer to the Mountain View Correctional Facility; And the CHIP coverage for pregnant individuals was updated to- include the correct effective date of July 1, 2022, eliminate language that may have been interpreted to limit the type of care covered, and clarify that coverage continues until the end of the month the pregnancy ends or longer if necessary to allow for adequate and timely notice. See for rules and related rulemaking documents. EFFECTIVE DATE: November 6, 2022
Effective Date: November 6, 2022
View Comments: Summary of Comments (Word)  Posted: September 20, 2011
Food Supplement Rule 197A SUA-COLA Changes for FFY 2017; 10-144 CMR, Chapter 301, Sections FS-000-1 and FS-555-5 pages 1-11 FS-000-1  FS-555-5 
Concise Summary: This rule adopts annual changes in the standard utility allowances (SUA) and cost of living allowances (COLA) used to calculate benefits. The annual changes are mandated by federal regulations 7 CFR 273.9(a) and (d), and are based on USDA Food and Nutrition Sevices (FNS) requirements. The 2017 SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities from June 2015 to June 2016. They had to be in place on October 1, 2016, and an emergency rulemaking was done to meet that deadline. This rulemaking makes the emergency rule permanent. The COLA values did not require an emergency rulemaking because they represent increases in allowances and, as such, can be applied retroactively to October 1, 2016. While the COLA values increased, SUA values decreased for FFY 2017. The marginal decrease in the SUAs and marginal increase in the COLAs will have minor impacts on household benefit amounts, and will affect housesholds based on factors distinct to each household. Some members may see a minor increase in benefits, while others will have a minor decrease.
Effective Date: December 19, 2016
View Comments: Summary of Comments  Posted: