Date posted:
Attachment(s):
The proposed rule changes would update the MaineCare Eligibility Manual, Part 16, Section 4.6 consistent with amendments made by Resolves 2023, Ch. 34, Resolve to Update Allowable Limits on Mortuary Trusts for the Purposes of MaineCare Eligibility.
The proposed rule change would update Section 4.6(A)(2) to “Prepaid burial contracts (mortuary trusts) established on or after March 1, 2006 but prior to April 1, 2024 are excluded as long as either the contract is less than or equal to the statewide average for burial and funeral costs of $12,000. If the contract is for more than $12,000 then the estate of the Medicaid recipient must be named the beneficiary of any funds remaining after payment of funeral and burial charges.”
The proposed rule would add Section 4.6(A)(3) as “Prepaid burial contracts (mortuary trusts) established on or after April 1, 2024, that are irrevocable, are excluded so long as either the contract is less than or equal to the statewide average for burial and funeral costs of $18,000. If the contract is for more than the excluded amount, then the estate of the Medicaid recipient must be named the beneficiary of any funds remaining after payment of funeral and burial charges. Effective January 1, 2025, the excluded contract amount will increase annually, by the same percentage as the percentage increase of the Consumer Price Index for the preceding year. The Consumer Price Index is updated periodically in the Federal Register by the U.S. Department of Labor under the authority of 49 U.S.C. § 33105(c). The Consumer Price Index is found at https://www.bls.gov/cpi. To calculate the increased excluded contract amount, the Department shall multiply the current excluded amount by the percentage increase of the Consumer Price Index, for the preceding year, and then add that amount to the current excluded contract amount, with effective dates of January 1, and posted online at https://www.maine.gov/dhhs/ofi/programs-services/health-care-assistance.
The proposed rule changes are effective retroactive to April 1, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these updates provide a benefit to recipients and applicants.
In addition, the proposed rule would correct a typographical error in Section 4.25 to “For settlements associated with the replacement of an excluded asset, see Section 4.43 of this Part.”
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: Monday, July 15, 2024, at 5:00 p.m. ET.
Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.
AGENCY CONTACT PERSON:
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
Proposed
Office: Office for Family Independence
Routine technical
Email: Adam.Hooper@maine.gov
Comment deadline:
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