An Act To Encourage Long-term Care Insurance and Expand Eligibility for MaineCare
Maine Legislature, Session 122, LD 0584
Committee: Health and Human Services
Sponsors: MILLS
Amends: 22 MRSA §14

Legislative Document 
No. 584 
S.P. 193 
In Senate, February 3, 2005 
An Act To Encourage Long-term Care Insurance and Expand 
Eligibility for MaineCare 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §14, sub-§2-I, ,A, as amended by PL 2003, c. 
20, Pt. K, §2, is further amended to read: 
A. 
The department has 
a claim against the estate of a 
MaineCare recipient when, after the death of the recipient: 
(1) 
Property or 
other 
assets 
are 
discovered 
that 
existed and were 
owned by the recipient during the 
period 
when 
MaineCare 
benefits 
were 
paid 
for 
the 
recipient and disclosure of the property or assets at 
the time benefits were being paid would have rendered 
the recipient ineligible to receive the benefits; 
(2) 
It is determined that the recipient was 55 years 
of age or older when that person received MaineCare 
assistance; or 
(3) 
±s Except as provided in this subparagraph, it is 
determined 
that 
the 
recipient 
has 
received 
or 
is 
entitled to receive benefits under 
a 
long-term care 
insurance policy in connection with which assets or 
resources are disregarded and medical assistance was 
paid on behalf of the recipient for nursing facility or 
other long-term care services. 
A claim may not be made 
pursuant to this subparagraph against the estate of a 
recipient 
who 
owned 
a 
policy 
of 
long-term 
care 
insurance that was approved by the Superintendent of 
Insurance 
and that paid for benefits in a 
nursing 
facility or al?sisted living facility licensed in the 
State in an amount equal to or greater than $125 per 
~Y-Qr the full cost of care in the facility, whichever 
is less, for a time period of at least 2 years or until 
the death of ~he recipient, whichever occurs first. 
The 
department 
and 
the 
Superintendent 
of 
Insurance 
shall 
adopt 
rules 
to 
implement 
this 
subparagraph. 
Rules adopted pursuant to this subparagraph are routine 
technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill provides 
an exemption to 
the estate recovery 
procedures for a MaineCare recipient who resided in a nursing 
facility or assisted living facility and who used long-term care 
insurance under specific circumstances. 
The policy of long-term 
care insurance must have been approved by the Superintendent of 
Insurance and must have paid for benefits in a nursing facility 
or assisted living facility licensed in the State in an amount 
Page l-LR1574(1) 
equal to or greater than $125 per day or the full cost of care in 
the facility, whichever is less. 
The insurance must have paid 
for care for a time period of at least 2 years or until the death 
of the recipient, whichever occurred first. 
The bill directs the 
Department of Health and Human Services and the Superintendent of 
Insurance 
to 
adopt 
routine technical 
rules 
to 
implement 
the 
exception.