An Act Regarding Asset Tests for Social Services Programs
Maine Legislature, Session 129, LD 2154
Committee: Health and Human Services
Amends: 19-A MRSA §2302, 22 MRSA §254-D, 22 MRSA §3104, 22 MRSA §3762

Legislative Document
No. 2154
H.P. 1542
House of Representatives, March 17, 2020
An Act Regarding Asset Tests for Social Services Programs
Reported by Representative HYMANSON of York for the Joint Standing Committee on 
Health and Human Services pursuant to Resolve 2019, chapter 41, section 1.
Reference to the Committee on Health and Human Services suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §2302, sub-§2, as amended by PL 2011, c. 550, §1, is 
further amended to read:
2.  Child support obligation during period that obligor is assisted obligor.  For 
the period during which an obligor is an assisted obligor and for 2 weeks thereafter, the 
assisted obligor's child support obligation is automatically suspended.  At the end of the 2 
weeks, the obligor's child support obligation resumes automatically at the same level at 
which it was suspended unless modified by an order entered pursuant to subsection 3.
A debt previously incurred under section 2301 may not be collected from a responsible 
parent while that parent is an assisted obligor, except that such a debt may be collected 
from nonrecurring lump sum income, as defined in Title 22, section 3762, subsection 11, 
paragraph A, of a responsible parent while that parent is an assisted obligor.
Sec. 2.  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. 3.  22 MRSA §3104, sub-§13, as corrected by RR 2015, c. 1, §20, is 
repealed.
Sec. 4.  22 MRSA §3104, sub-§13-A is enacted to read:
13-A.  Broad-based categorical eligibility.  To the extent allowable under federal 
law, the department shall adopt rules that maximize access to the food supplement 
program for eligible households with incomes at or below 185% of the federal poverty 
level by providing such households with a noncash Temporary Assistance for Needy 
Families program funded service or Temporary Assistance for Needy Families program 
state maintenance of effort funded benefit.  Such individuals must be considered 
categorically eligible for the food supplement program, and any eligibility requirement 
related to asset limits is considered to be met for these households.
Sec. 5.  22 MRSA §3104, sub-§18 is enacted to read:
18.  Rulemaking.  The department is authorized to adopt rules to implement this 
section.  Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 6.  22 MRSA §3762, sub-§11, as enacted by PL 1997, c. 530, Pt. A, §16, is 
repealed.
Sec. 7.  22 MRSA §3762, sub-§11-A is enacted to read:
11-A.  Disregard of assets.  To the extent allowable under federal law, the 
department shall disregard all assets in determining eligibility and the need for assistance 
in the TANF program.
Sec. 8.  Asset test removed for the Medicare savings program; state plan 
amendment.  The Department of Health and Human Services shall amend its rules, no 
later than July 1, 2020, to remove the asset test from the requirements of eligibility for the 
Medicare savings program.  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 removal of the 
asset test required by this section.
SUMMARY
This bill implements the recommendations of the stakeholder group established 
pursuant to Resolve 2019, chapter 41.  The bill removes the asset tests for the elderly 
low-cost drug program, the Medicare savings program, the statewide food supplement 
program and the Temporary Assistance for Needy Families program to the extent 
allowable under federal law.