An Act to Modernize the State Supplement to Supplemental Security Income by Updating the State Supplement and Removing Marriage Disincentives
Maine Legislature, Session 131, LD 1666
Committee: Health and Human Services
Sponsors: TIPPING, ROEDER, BALDACCI, INGWERSEN, MOORE, OSHER
Amends: 22 MRSA §3271, 22 MRSA §3272, 22 MRSA §3273, 22 MRSA §3274-A

Legislative Document
No. 1666
S.P. 671
In Senate, April 13, 2023
An Act to Modernize the State Supplement to Supplemental 
Security Income by Updating the State Supplement and Removing 
Marriage Disincentives
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative ROEDER of Bangor and
Senators: BALDACCI of Penobscot, INGWERSEN of York, MOORE of Washington, 
Representative: OSHER of Orono.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3271, sub-§2, as enacted by PL 1973, c. 790, §3, is amended to 
read:
2.   The department, to the extent allowed by Title XVI of the United States Social 
Security Act, as amended, and regulations promulgated thereunder, shall establish, with the 
advice of the Maine Committee on Aging and the Maine Human Services Council, standard 
levels of state supplemental income benefits for blind, disabled and elderly people.  The 
benefits shall must be provided under a modified flat benefit system, and may vary by 
marital status, and by living arrangements to the extent allowed by Title XVI of the United 
States Social Security Act, as amended, and regulations promulgated thereunder. The 
benefits shall may not be based on individual budgeted need and shall may not vary by 
category or geographical area.  Benefits for a couple, except as provided under section 
3273, subsection 1, paragraph B, shall must be equal to the sum of the amount of benefit 
for an each individual and 50% of the benefit for an individual in the couple.
Sec. 2.  22 MRSA §3272, sub-§1, as enacted by PL 1973, c. 790, §3, is amended to 
read:
1.  Standard.  The standard utilized to determine need shall must be the current annual 
budget at the lower level of living for a retired couple single person as most recently 
determined by the United States Department of Labor, Bureau of Labor Statistics, for 
Portland, Maine, or budgets which that are consistent with such a budget at the lower level 
of living, taking into account budget variances by marital status and living arrangements 
permited permitted pursuant to Title XVI and regulations promulgated thereunder.
Sec. 3.  22 MRSA §3273, sub-§1, as amended by PL 1985, c. 770, §3, is further 
amended to read:
1.  Combined benefits.  The department shall take action, as necessary, to assure 
ensure that, within the limits of available funds, a state supplemental income benefit, when 
combined with a federal supplemental security income benefit, shall consist consists of 
such amounts that the sum shall must:
A.  Increase the minimum monthly federal payment standard, in addition to that 
established pursuant to federal law, by an amount of at least $8 $65 per month for an 
individual and $12 $130 per month for a couple;
A-1.  Annually beginning October 1, 2023, increase the minimum monthly federal 
payment standard, in addition to that established pursuant to federal law, by an amount 
at least equal to the amount in paragraph A multiplied by the cumulative percentage 
effect on the federal payment standard of federal cost-of-living adjustments;
B.  For an individual who resides in an adult foster home or boarding home, having a 
contract with the department for the provision of services to eligible residents, or 
nursing home, as defined in section 1812‑A, in addition to the benefits provided herein 
under paragraphs A and C, provide sufficient income to allow the individual for 
personal needs an amount equal to at least $30 a month 3 times the state supplemental 
income benefit calculated pursuant to paragraphs A and A-1, plus an amount sufficient 
to meet the monthly per resident payment rate as established by the department of the 
adult foster home or boarding home in which the individual resides; and
C.  For a beneficiary who resides in a living arrangement which meets a living 
arrangement classification established by the department, but who does not reside in 
an adult foster home or boarding home, in addition to the minimum federal payment 
level as adjusted pursuant to paragraph A, provide, based on such living arrangement 
classification, an amount not to exceed $42 per month for an individual and $63 per 
month for a couple.
Sec. 4.  22 MRSA §3273, sub-§4, as amended by PL 1979, c. 563, §3, is further 
amended to read:
4.   Expenditures.  Appropriations available for benefits provided in subsection 1 shall 
must be budgeted and authorized for expenditure by the department in a priority sequence. 
First, the available appropriation shall must be budgeted and expended to increase the 
minimum monthly federal payment, as specified in subsection 1, paragraph A.  Second, the 
available appropriation must be budgeted and expended to increase the minimum monthly 
federal payment, as specified in subsection 1, paragraph A-1. Third, any balance of the 
appropriation remaining after such budgeting, shall must be budgeted and expended to 
provide an individual sufficient income for personal needs, in accordance with subsection 
1, paragraph B, and to meet the monthly per resident payment rate for adult foster and 
boarding home care as provided in subsection 1, paragraph B and subsection 3. Finally, 
any balance of the appropriations remaining after such budgeting shall must be budgeted 
and expended to provide benefits related to variations by living arrangements as provided 
in subsection 1, paragraph C.
Sec. 5.  22 MRSA §3273, sub-§6, ¶A, as enacted by PL 1973, c. 790, §3, is 
amended to read:
A.  It is the declared intent of this Act that, if it is proposed that benefits provided 
pursuant to subsection 1 are to be increased on any future date, that such proposal shall 
must recommend, and implementation of such increases shall must provide, that the 
benefits pursuant to subsection 1, paragraph A, shall must be increased, the benefits 
pursuant to subsection 1, paragraph A-1 must be increased and the benefits pursuant to 
subsection 1, paragraph B, shall must be increased, rather than increasing benefits 
pursuant to subsection 1, paragraph C.
Sec. 6.  22 MRSA §3273, sub-§6, ¶B-1, as enacted by PL 1991, c. 528, Pt. E, §25 
and affected by Pt. RRR and enacted by c. 591, Pt. E, §25, is amended to read:
B-1.  On July 1st of every year, the sum of the monthly amount of any state 
supplemental income benefit authorized by subsection 1, paragraphs A and C, plus the 
amount of the minimum monthly federal supplemental security income in effect at that 
time must be increased by a percentage amount equal to the percentage rise in the 
United States Consumer Price Index for April 1st of that year over the level of the 
Index for April 1st of the previous year plus any additional percentage amount as is 
recommended annually by the department. Such an increase may be made only insofar 
as appropriations are available. In determining the additional percentage amount, 
consideration must be given to the goal of reaching, within a reasonable time, a benefit 
level equal to or consistent with the current budget at the lower level of living for a 
retired couple an individual established by the United States Department of Labor, 
Bureau of Labor Statistics, for Portland, Maine.
If, on April 1st of any year, the sum of the monthly amount of any state supplemental 
payment authorized by subsection 1, paragraphs A and C, plus the amount of the 
minimum monthly federal supplemental security income in effect at that time, is equal 
to or exceeds the amount resulting from 12 divided into the current annual budget at 
the lower level of living for a retired couple an individual as most recently established 
by the United States Department of Labor, Bureau of Labor Statistics, for Portland, 
Maine, or taking into account variances by marital status and living arrangements as 
established by the department, a budget that is not inconsistent with that annual budget 
divided by 12, the increase provided on July 1st next following is limited to the 
percentage rise in the Consumer Price Index.
This paragraph takes effect July 1, 1993.
Sec. 7.  22 MRSA §3274-A, as enacted by PL 1979, c. 563, §4, is amended to read:
§3274-A.  Personal needs of nursing home residents
In administering this chapter, the department shall ensure that eligible individuals 
residing in nursing homes, as defined in section 1812‑A, shall have at least $30 a month 
for personal needs a monthly amount for personal needs equal to at least 3 times the amount 
of the state supplemental income benefit calculated pursuant to section 3273, subsection 1, 
paragraphs A and A-1.
SUMMARY
This bill amends the 1974 State Supplemental Income Act in the following ways.
1.  It  removes a reference to the advisory role of the Maine Committee on Aging and 
Maine Human Services Council.
2.  It replaces provisions of law that currently provide that payments to couples, both 
of whom receive the supplement, are 150% of the benefit for an individual with provisions 
of law providing that payments to the couples are 200% of the benefit for an individual. 
3.  It  requires that the standard used to determine need is the current annual budget at 
the lower level of living for a single person as most recently determined by the United 
States Department of Labor, Bureau of Labor Statistics, for Portland, Maine, or budgets 
consistent with such a budget taking into account budget variances by living arrangements 
permitted pursuant to Title XVI of the federal Social Security Act and regulations 
promulgated thereunder.
4.  It changes the minimum state supplemental income benefit from $8 per month for 
an individual and $12 per month for a couple to $65 per month for an individual and $130 
per month for a couple.
5.  It provides that, annually starting October 1, 2023, the state supplemental income 
benefit must be indexed by the cost-of-living adjustment to the federal payment standard.
6. It provides that, in the priority sequence by which the Department of Health and 
Human Services must budget and authorize for expenditure appropriations available for 
benefits, the indexed cost-of-living adjustment must have priority immediately after the 
minimum payment.
7.  It updates the declared intent of the Act that, if it is proposed that benefits provided 
are to be increased on any future date, cost-of-living adjustments be included in the benefits 
to be increased at a level of priority over benefits provided to a beneficiary who resides in 
an adult foster home or boarding home or in certain living arrangements.
8.  It establishes that, in determining any increase according to the United States 
Consumer Price Index, consideration must be given to the goal of reaching, within a 
reasonable time, a benefit level equal to or consistent with the current budget at the lower 
level of living for a individual, rather than a retired couple, established by the United States 
Department of Labor, Bureau of Labor Statistics, for Portland, Maine.
9.  It requires that the Department of Health and Human Services ensure that eligible 
individuals residing in nursing homes have a monthly amount for personal needs equal to 
at least 3 times the amount of the state supplemental income benefit.