10-144 C.M.R. Ch. 332, MaineCare Eligibility Manual, Parts 4 and 5, MC Rule #303P- Household Income Standard for Children and CHIP Changes

Date posted:

Attachment(s):

The purpose of this rule is to increase the Federal Poverty Level (FPL) to 300% from 208% of the FPL for all children. The proposed rule changes would align the MaineCare Eligibility Manual with a legislative change to 22 M.R.S. § 3174-G(B) made by P.L. 2024 ch. 597, §5. The proposed rule changes would increase access to health insurance coverage.

Part 4, Section 4(B, D and E) would update the Federal Poverty Level (FPL) for children under age 21 to 300% of the FPL from 208% of the FPL effective retroactive to October 1, 2023 and consistent with Maine’s State Plan Amendment approved by the Center for Medicaid & CHIP Services. In addition, the Department proposes to remove language from D and E that indicates uninsured children, with income between a certain FPL, may be covered under CHIP.

Part 4, Section 1, Family Definition would make the following changes:

  1. “individual” would replace “woman”
  2. “one individual” would replace “herself” and “1 person”
  3. “they are” would replace “she is”

CHIP would replace Cub Care throughout the open parts of this rule consistent with legislative changes to 22 M.R.S. §§ 3173-G, 3173-NNN and 3174-T made by P.L. 2024, Ch. 597, An Act to Correct Language Related to Medicaid Coverage for Children.

In order to comply with Medicaid rules at 42 C.F.R. § 433.147, Part 5, Section 3 would remove “There is no requirement to refer the non-custodial parent without health insurance to the Division of Support Enforcement and Recovery (DSER).”

Part 5, Section 6, Income Standard would increase the household income for all children from 208% of the Federal Poverty Level (FPL) to 300% of the FPL effective retroactive to October 1, 2023.

Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these updates provide a benefit to recipients and applicants.

PUBLIC HEARING: No public hearing is scheduled.

COMMENT DEADLINE: Monday, July 15, 2024, at 5:00 p.m. E.T.

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

Adam.Hooper@Maine.gov

Office: Office for Family Independence

Comment deadline:

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