An Act To Improve the Health and Economic Security of Older Residents
Maine Legislature, Session 129, LD 1106
Committee: Health and Human Services
Sponsors: BRENNAN, MORALES, VITELLI, CRAVEN, DODGE, FARNSWORTH, GRAMLICH, PERRY, TALBOT ROSS, CARSON
Amends: 22 MRSA §254-D

Legislative Document
No. 1106
H.P. 810
House of Representatives, March 5, 2019
An Act To Improve the Health and Economic Security of Older 
Residents
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Representative MORALES of South Portland, Senator VITELLI of 
Sagadahoc and Representatives: CRAVEN of Lewiston, DODGE of Belfast, FARNSWORTH 
of Portland, GRAMLICH of Old Orchard Beach, PERRY of Calais, TALBOT ROSS of 
Portland, Senator: CARSON of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §254-D, sub-§4, ¶B, as amended by PL 2015, c. 267, Pt. TT, 
§1, is further amended to read:
B.  An individual is eligible for the program if that individual:
(1)  Is a legal resident of the State;
(2)  Meets the income eligibility criteria set forth in this section or is eligible for 
both MaineCare and Medicare Part D;
(3)  Does not receive full MaineCare pharmaceutical benefits; and
(4)  Is at least 62 years of age, or is 19 years of age or older and determined to be 
disabled by the standards of the federal social security program.  A person who 
was eligible for the program at any time from August 1, 1998 to July 31, 1999 
and who does not meet the requirements of this subparagraph at the time of 
application or renewal retains eligibility for the program if that person is a 
member of a household of an eligible person; and.
(5)  Does not have more than $50,000 individually or more than $75,000 per 
couple in liquid assets.
Sec. 2.  22 MRSA §254-D, sub-§4, ¶D, as amended by PL 2011, c. 657, Pt. HH, 
§1, is further amended to read:
D.  Income eligibility of individuals must be determined by this paragraph and by 
reference to the federal poverty guidelines for the 48 contiguous states and the 
District of Columbia, as defined by the federal Office of Management and Budget 
and revised annually in accordance with the United States Omnibus Budget 
Reconciliation Act of 1981, Section 673, Subsection 2, Public Law 97-35, 
reauthorized by Public Law 105-285, Section 201 (1998).  If the household income is 
not more than 175% 185% of the federal poverty guideline applicable to the 
household, the individual is eligible for the basic program and the supplemental 
program.  Individuals are also eligible for the basic and the supplemental program if 
the household spends at least 40% of its income on unreimbursed direct medical 
expenses for prescription drugs and medications and the household income is not 
more than 25% higher than the levels specified in this paragraph.  For the purposes of 
this paragraph, the cost of drugs provided to a household under this section is 
considered a cost incurred by the household for eligibility determination purposes.
Sec. 3.  Eligibility levels increased for the Medicare savings program; 
state plan amendment.  The Department of Health and Human Services shall increase 
no later than January 1, 2020 the income eligibility levels for the Medicare savings 
program as follows:
1.  The Qualified Medicare Beneficiary program to income not more than 150% of 
the federal poverty level;
2.  The Specified Low-Income Medicare Beneficiary program to income more than 
150% but not more than 170% of the federal poverty level; and
3.  The Qualified Individuals program to income more than 170% but not more than 
185% of the federal poverty level.  
The department shall prepare and submit any necessary Medicaid state plan 
amendments to the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services for approval for the increases required by this section.
SUMMARY
This bill removes the asset test for the Medicare savings program and the elderly low-
cost drug program.  It also increases the income eligibility levels for the Medicare savings 
program and the elderly low-cost drug program to the levels in effect prior to Public Law 
2011, chapter 657.  The Department of Health and Human Services is required to submit 
any necessary state plan amendments for approval for the increases in income eligibility.