reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3174-III. Reimbursement for donor breast milk

§3174-III. Reimbursement for donor breast milk
1.  Reimbursement.
The department shall provide reimbursement under the MaineCare program for pasteurized donor breast milk provided to an infant receiving benefits under this chapter if a physician or physician assistant licensed under Title 32, chapter 36 or 48 or an advanced practice registered nurse licensed under Title 32, chapter 31 signs an order stating that:
A. The infant is medically or physically unable to receive maternal breast milk or participate in breastfeeding or the infant's mother is medically or physically unable to produce maternal breast milk in quantities sufficient for the infant; and   [PL 2021, c. 708, §1 (NEW).]
B. The infant:
(1) Was born at a birth weight of less than 1,500 grams;
(2) Has a gastrointestinal anomaly or metabolic or digestive disorder or is recovering from intestinal surgery and the infant's digestive needs require additional support;
(3) Is not appropriately gaining weight or growing;
(4) Has formula intolerance and is experiencing weight loss or difficulty feeding;
(5) Has low blood sugar;
(6) Has congenital heart disease;
(7) Has received or will receive an organ transplant; or
(8) Has another serious medical condition for which donor breast milk is medically necessary.   [PL 2021, c. 708, §1 (NEW).]
[PL 2021, c. 708, §1 (NEW).]
2.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 708, §1 (NEW).]
Revisor's Note: §3174-III. Reimbursement for comprehensive sexual and reproductive health care services (As enacted by PL 2021, c. 738, §1 is REALLOCATED TO TITLE 22, SECTION 3174-JJJ)
SECTION HISTORY
PL 2021, c. 708, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3174-JJJ. Reimbursement for comprehensive sexual and reproductive health care services (REALLOCATED FROM TITLE 22, SECTION 3174-III)

§3174-JJJ. Reimbursement for comprehensive sexual and reproductive health care services
(REALLOCATED FROM TITLE 22, SECTION 3174-III)
Notwithstanding any provision of law to the contrary, the department shall provide reimbursement for sexual and reproductive health care providers for activities and services to address the health of MaineCare members in accordance with this section.   [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
1.  Definition.
For purposes of this section, "sexual and reproductive health care provider" means an enrolled MaineCare provider engaged primarily in the delivery of services described in 42 United States Code, Section 1396d(a)(4)(C).
[PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
2.  Comprehensive sexual and reproductive health care services payment.
The department shall determine and pay each sexual and reproductive health care provider an amount based on the total number of MaineCare-covered patient encounters per month, to include patient encounters taking place on or after July 1, 2022. The payment must include compensation for the difference between the payment for services described in subsection 1 and 100% of the reasonable costs of operation, including without limitation the costs of all services. In determining the payment, the department may exclude only those incremental operating costs directly attributable to specific items and services that federal law explicitly prohibits Medicaid programs from reimbursing. The payment required by this subsection must be made for all encounters with a sexual and reproductive health care provider by any MaineCare member, regardless of the category or other basis for the member's eligibility for MaineCare coverage.
[PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
3.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
The department shall pursue all opportunities to maximize available federal reimbursement, including available Medicaid match rates for or other opportunities to maximize state resources for family planning services.   [PL 2021, c. 738, §1 (NEW); RR 2021, c. 2, Pt. A, §61 (RAL).]
SECTION HISTORY
PL 2021, c. 738, §1 (NEW). RR 2021, c. 2, Pt. A, §61 (RAL).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3174-KKK. Electric breast pump reimbursement

§3174-KKK. Electric breast pump reimbursement
The department shall reimburse under the MaineCare program for electric breast pumps and supplies without prior authorization or limitation when electric breast pumps or supplies have been prescribed or recommended by a health care professional licensed under Title 32 acting within the health care professional's authorized scope of practice. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 216, §1 (NEW).]
Revisor's Note: §3174-KKK. Coverage for gender-affirming care (As enacted by PL 2023, c. 288, §1 is REALLOCATED TO TITLE 22, SECTION 3174-MMM)
SECTION HISTORY
PL 2023, c. 216, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3174-LLL. Medicare savings program

§3174-LLL. Medicare savings program
The department shall administer the Medicare savings program as described in 42 United States Code, Section 1396a(a)(10)(E) in accordance with federal law and with this section.   [PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]
1.  Asset test.
The department may not apply an asset test in determining eligibility for the program.
[PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]
2.  Income eligibility.
No later than March 1, 2024, the department shall establish income disregards to determine eligibility so that a person with income that is no more than 185% of the federal poverty level is qualified as a qualified Medicare beneficiary and a person with income that is more than 185% and no more than 250% of the federal poverty level is qualified as a qualified individual.
[PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]
3.  Rules.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2023, c. 412, Pt. EEEEE, §4 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. EEEEE, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3174-MMM. Coverage for gender-affirming care (REALLOCATED FROM TITLE 22, SECTION 3174-KKK)

§3174-MMM. Coverage for gender-affirming care
(REALLOCATED FROM TITLE 22, SECTION 3174-KKK)
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Gender expression" means an individual's gender-related appearance and behavior, whether or not stereotypically associated with the sex assigned to the individual at birth.   [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
B. "Gender identity" means an individual's internal sense of that individual's gender, regardless of the sex assigned to the individual at birth.   [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
C. "Transgender individual" means an individual who identifies as a gender different from the sex assigned to the individual at birth.   [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
2.  Reimbursement.
The department shall provide reimbursement for medically necessary treatment for or related to gender dysphoria as defined by the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, published by the American Psychiatric Association or a comparable or equivalent diagnosis.
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
3.  Discrimination prohibited.
The department may not discriminate in its reimbursement of medically necessary treatment on the basis of a MaineCare member's gender identity or gender expression or on the basis that the MaineCare member is a transgender individual.
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
SECTION HISTORY
PL 2023, c. 288, §1 (NEW). RR 2023, c. 1, Pt. A, §15 (RAL).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3175. Acceptance of federal provisions

§3175. Acceptance of federal provisions
The department is authorized, subject to the approval of the Governor, to:   [PL 1975, c. 771, §225 (AMD).]
1.  Apply for assistance.
Apply for federal assistance under the United States Social Security Act, as amended, and to comply with such conditions, not inconsistent with this chapter, as may be required for such assistance; and
[PL 1973, c. 790, §2 (NEW).]
2.  Reports.
Make such reports in such form and containing such information as the Federal Government may from time to time require and comply with such provisions as the Federal Government may from time to time find necessary as to assure the correctness and verification of such reports.
[PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). PL 1975, c. 771, §225 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3175-A. Delinquent nursing home taxes to be withheld from Medicaid payments

§3175-A. Delinquent nursing home taxes to be withheld from Medicaid payments
Whenever the commissioner receives written notice from the State Tax Assessor that a nursing home is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2873, the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the nursing home's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the nursing home and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the nursing home's tax account.   [PL 2001, c. 714, Pt. CC, §1 (NEW); PL 2001, c. 714, Pt. CC, §8 (AFF).]
SECTION HISTORY
PL 2001, c. 714, §CC1 (NEW). PL 2001, c. 714, §CC8 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3175-B. Delinquent residential treatment facility taxes to be withheld from Medicaid payments

§3175-B. Delinquent residential treatment facility taxes to be withheld from Medicaid payments
Whenever the commissioner receives written notice from the State Tax Assessor that a residential treatment facility is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2873, the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the residential treatment facility's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the residential treatment facility and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the residential treatment facility's tax account.   [PL 2001, c. 714, Pt. CC, §1 (NEW); PL 2001, c. 714, Pt. CC, §8 (AFF).]
SECTION HISTORY
PL 2001, c. 714, §CC1 (NEW). PL 2001, c. 714, §CC8 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3175-C. Delinquent hospital taxes to be withheld from Medicaid payments

§3175-C. Delinquent hospital taxes to be withheld from Medicaid payments
When the commissioner receives written notice from the State Tax Assessor that a hospital is delinquent by more than 30 days in making a health care provider tax payment required by Title 36, section 2883 or chapter 377, the commissioner shall, upon 10 days' written notice, withhold the outstanding amount of tax, together with any applicable interest and penalties, from the hospital's Medicaid payments. All amounts withheld by the commissioner pursuant to this section are deemed to be health care provider tax payments by the hospital and must be transferred within 30 days to the State Tax Assessor, who shall apply the amount in question to the hospital's tax account.   [PL 2003, c. 513, Pt. CC, §1 (AMD).]
SECTION HISTORY
PL 2001, c. 714, §NN1 (NEW). PL 2003, c. 513, §CC1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3175-D. Nursing facility depreciation

§3175-D. Nursing facility depreciation
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1.  Depreciation.
For sales of nursing facilities, as defined in section 1812‑A, that occur on or after October 1, 2009, the department shall either:
A. At the time of the sale, recapture depreciation paid by the department under the MaineCare program, from the proceeds of the sale; or   [PL 2009, c. 97, §1 (NEW).]
B. At the election of the buyer and seller, waive the recapture of depreciation at the time of the sale and allow the asset to transfer at the historical cost of the seller less depreciation allowed under the MaineCare program to the buyer for reimbursement purposes.   [PL 2009, c. 97, §1 (NEW).]
[PL 2009, c. 97, §1 (NEW).]
2.  (TEXT EFFECTIVE ON CONTINGENCY: See PL 2013, c. 582, §5) Methodology.
Beginning with the sale of a nursing facility that occurs on or after July 1, 2014, or such other date as approved by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, the department shall calculate depreciation recapture using a methodology that provides percentage credits for buildings, fixed equipment and moveable equipment based on the number of years of operation by the owner of the nursing facility that is consistent with the following:
A. For the purposes of determining depreciation recapture for buildings and fixed equipment, the methodology must determine the number of years of operation by reference to the date on which the owner began operating with the original license;   [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).]
B. For the purposes of determining depreciation recapture for moveable equipment, the methodology must enable percentage credits to reach 100% after the first 6 years of the assigned useful life; and   [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).]
C. The methodology must treat as equivalent to the owner of the nursing facility any person or entity that owns or controls the entity that owns the nursing facility and any entity that is owned or controlled by the owner of the nursing facility.   [PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).]
[PL 2013, c. 582, §1 (NEW); PL 2013, c. 582, §5 (AFF).]
SECTION HISTORY
PL 2009, c. 97, §1 (NEW). PL 2013, c. 582, §1 (AMD). PL 2013, c. 582, §5 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3176. Treasurer of State as agent

§3176. Treasurer of State as agent
The Treasurer of State shall be the appropriate officer of the State to receive available federal grants for programs for which the department may be eligible to receive federal funding in accordance with the Federal Social Security Act and the State Controller shall authorize expenditures therefrom as approved by the department.   [PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3177. Suspension of aid

§3177. Suspension of aid
Appropriations for assistance under this chapter when used in programs entitled to receive federal matching funds shall not lapse but shall be a continuing account so long and as federal grants are available to match the State's contribution. No payments matchable by federal funds shall be made out of said account if federal grants or state appropriations are withdrawn, except that medical or remedial care or services contracted for before the date of such withdrawal shall be paid. Any money left in said fund in the event of withdrawal of federal grants or state appropriations shall be divided between the State and the Federal Government in proportion to the amount contributed by each.   [PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3178. Payment to conservator or guardian

§3178. Payment to conservator or guardian
If an applicant for or a recipient of aid is found by the department to be incapable of taking care of the applicant's or recipient's own health, welfare or money, payment must be made only to a legally appointed guardian or conservator for the applicant's or recipient's benefit.   [PL 2023, c. 405, Pt. A, §63 (AMD).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). PL 2023, c. 405, Pt. A, §63 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3179. Change of circumstances

§3179. Change of circumstances
If at any time during the continuance of aid the recipient thereof becomes possessed of any property or income in excess of the amount last disclosed to the department, it shall be the duty of the recipient immediately to notify the department of the receipt or possession of such property or income, and the department may, after investigation, either cancel the aid or change the amount thereof in accordance with the circumstances.   [PL 1973, c. 790, §2 (NEW).]
A recipient of aid under this chapter whose categorical assistance benefits are terminated by the department must be sent a separate, timely and adequate notice of the effect that that termination will have on the recipient's medical assistance. The department shall develop procedures to assure the continuation, without interruption, of medical assistance to persons who, despite the termination of their categorical assistance benefits, are eligible for continuing coverage through any program under this chapter.   [RR 2021, c. 2, Pt. B, §161 (COR).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). PL 1977, c. 714, §4 (AMD). RR 2021, c. 2, Pt. B, §161 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3180. Inalienability of aid

§3180. Inalienability of aid
All rights to aid shall be absolutely inalienable by any assignment, execution, pledge or otherwise, and shall not pass, in case of insolvency or bankruptcy, to any trustee, assignee or creditor.   [PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3181. Appeals

§3181. Appeals
1.
A person who is denied aid, or who is not satisfied with the amount of aid allotted to the person, or is aggrieved by a decision of the department made under this chapter, or whose application is not acted upon with reasonable promptness, has the right of appeal to the commissioner, who shall provide the appellant with reasonable notice and opportunity for a fair hearing. The commissioner or a member of the department designated and authorized by the commissioner shall hear all evidence pertinent to the matter at issue and render a decision thereon within a reasonable period after the date of the hearing. The hearing must conform to the procedures detailed herein. Review of any action or failure to act under this chapter must be pursuant to Title 5, chapter 375, subchapter 7.
[RR 2021, c. 2, Pt. B, §162 (COR).]
2.
Any action relative to the grant, denial, reduction, suspension or termination of aid provided under this chapter must be communicated to the applicant or recipient in writing and shall include the specific reason or reasons for such action and shall state that the person affected has a right to a hearing.
[PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). PL 1977, c. 594 (AMD). PL 1977, c. 694, §368 (AMD). RR 2021, c. 2, Pt. B, §162 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3182. Fraudulent representations; penalty

§3182. Fraudulent representations; penalty
Any person who by means of a willfully false statement or representation, or by impersonation or other fraudulent devices, obtains or attempts to obtain, or aids or abets any person to obtain:   [PL 1973, c. 790, §2 (NEW).]
1.  Assistance not entitled.
Aid to which a person is not entitled;
[RR 2021, c. 2, Pt. B, §163 (COR).]
2.  Larger assistance.
A larger amount of aid than that to which a person is entitled; or
[RR 2021, c. 2, Pt. B, §164 (COR).]
3.  Forfeited assistance.
Payment of any forfeited installment of aid; and any person who knowingly buys or aids or abets in buying or in any way disposing of property of a recipient in such a way as to constitute a fraud upon the department shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment for not more than 11 months, or by both.
[PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). RR 2021, c. 2, Pt. B, §§163, 164 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3183. General penalty

§3183. General penalty
Any person who violates any of the provisions of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $500, or by imprisonment for not more than 11 months, or by both. If a recipient of aid is convicted of an offense under this chapter, the department may cancel the aid.   [PL 1973, c. 790, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3184. Recovery of illegal payments

§3184. Recovery of illegal payments
The department may recover the amount expended for aid in a civil action from a recipient or a former recipient who has failed to disclose assets that would have rendered the recipient or former recipient ineligible had the recipient or former recipient disclosed the assets. Such actions must be prosecuted by the Attorney General in the name of the State of Maine, and the amount recovered must be credited to the account for aid, medical or remedial care and services for the medically indigent.   [RR 2021, c. 2, Pt. B, §165 (COR).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). RR 2021, c. 2, Pt. B, §165 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3185. Medical expenses for catastrophic illness

§3185. Medical expenses for catastrophic illness
The department shall cease accepting applications for assistance through the Catastrophic Medical Expense Fund on June 30, 1987. The Department of Health and Human Services shall continue to provide financial assistance to, or on behalf of, families or individuals residing in the State meeting eligibility requirements for the catastrophic illness program up to a period of one year after June 30, 1987.   [PL 1987, c. 349, Pt. H, §13 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).]
Any balance of funds in the Catastrophic Medical Expense Fund account on June 30, 1987, shall not lapse and shall be utilized to provide financial assistance to, or on behalf of, families or individuals residing in this State meeting eligibility requirements for the catastrophic illness program on June 30, 1987.   [PL 1987, c. 349, Pt. H, §13 (RPR).]
SECTION HISTORY
PL 1977, c. 714, §5 (NEW). PL 1981, c. 463, §§H1-H4 (AMD). PL 1981, c. 665, §§1,2 (AMD). PL 1983, c. 460, §1 (AMD). PL 1983, c. 824, §X3 (AMD). PL 1985, c. 501, §B19 (AMD). PL 1987, c. 349, §H13 (RPR). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3186. Medical and social services referral service

§3186. Medical and social services referral service
The department shall establish and maintain an information and referral service for medically indigent persons who become pregnant as a result of rape, gross sexual misconduct, incest or sexual abuse. The information and referral service shall include a list of medical and social services available from state and private sources, including, but not limited to, counseling services, shelter, maternal health care, a list of physicians who have voluntarily agreed to provide to Medicaid eligible victims, pro bono, medical services not available from Medicaid and other applicable medical or social services.   [PL 1987, c. 402, Pt. A, §140 (RPR).]
This information shall also be made available to rape crisis centers, family planning agencies and other appropriate organizations.   [PL 1987, c. 402, Pt. A, §140 (RPR).]
In addition to the medical and social services information provided, the department shall strongly encourage and counsel each person receiving this information to report the rape, gross sexual misconduct, incest or sexual abuse to the appropriate authorities for criminal prosecution and shall assist that person in making the report, if requested.   [PL 1987, c. 402, Pt. A, §140 (RPR).]
Principles of reimbursement established for intermediate care facilities for persons with intellectual disabilities must be amended to implement the recommendations of the Advisory Committee on Staff Retention.   [PL 2011, c. 542, Pt. A, §34 (AMD).]
SECTION HISTORY
PL 1985, c. 375 (NEW). PL 1985, c. 486, §1 (NEW). PL 1985, c. 749, §1 (AMD). PL 1987, c. 402, §A140 (RPR). PL 1987, c. 869, §1 (AMD). PL 2011, c. 542, Pt. A, §34 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3187. Principles of reimbursement; rules

§3187. Principles of reimbursement; rules
The department shall meet annually with providers of community-based intermediate care facilities for persons with intellectual disabilities to review current principles of reimbursement under the federal Social Security Act, Title XIX, 42 United States Code, Chapter 7 and discuss necessary and appropriate changes.   [PL 2011, c. 542, Pt. A, §35 (AMD).]
Principles of reimbursement established for intermediate care facilities for persons with intellectual disabilities must ensure maximum flexibility enabling facilities to shift variable cost funds within accounts established pursuant to the principles. These principles may not set any artificial limits on specific variable cost accounts as long as facility totals are met.   [PL 2011, c. 542, Pt. A, §35 (AMD).]
Rules regarding principles of reimbursement for intermediate care facilities for persons with intellectual disabilities adopted pursuant to section 3173 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A, except that rules adopted to establish an approval process for capital expenditures to renovate or construct intermediate care facilities for persons with intellectual disabilities are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2011, c. 542, Pt. A, §35 (AMD).]
SECTION HISTORY
PL 1987, c. 402, §A141 (NEW). PL 1995, c. 462, §A43 (AMD). PL 2003, c. 684, §1 (AMD). PL 2011, c. 380, Pt. XXX, §1 (AMD). PL 2011, c. 542, Pt. A, §35 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3189. The Maine Health Program (REPEALED)

§3189. The Maine Health Program
(REPEALED)
SECTION HISTORY
PL 1989, c. 588, §A43 (NEW). PL 1989, c. 875, §§E36-39 (AMD). RR 1991, c. 2, §79 (COR). PL 1991, c. 9, §§N8-10 (AMD). PL 1991, c. 42, §§1-8 (AMD). PL 1991, c. 42, §11 (AFF). PL 1991, c. 528, §§GG1-9 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §§GG1-9 (AMD). PL 1991, c. 622, §L9 (AMD). PL 1993, c. 410, §§FFF5-13 (AMD). PL 1993, c. 410, §FFF17 (AFF). PL 1993, c. 673, §§2-5 (AMD). PL 1993, c. 673, §10 (AFF). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1995, c. 696, §A37 (AMD). PL 1999, c. 668, §100 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3189-A. Advisory Board to Privatize the Maine Health Program (REPEALED)

§3189-A. Advisory Board to Privatize the Maine Health Program
(REPEALED)
SECTION HISTORY
PL 1993, c. 410, §FFF14 (NEW). PL 1993, c. 673, §6 (AMD). PL 1993, c. 673, §10 (AFF). PL 1999, c. 668, §101 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3190. Community Health Program grants (REPEALED)

§3190. Community Health Program grants
(REPEALED)
SECTION HISTORY
PL 1989, c. 588, §A43 (NEW). PL 1989, c. 875, §E40 (AMD). PL 1993, c. 6, §C9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3191. Funding of the Hospital Uncompensated Care and Governmental Payment Shortfall Fund (REPEALED)

§3191. Funding of the Hospital Uncompensated Care and Governmental Payment Shortfall Fund
(REPEALED)
SECTION HISTORY
PL 1989, c. 588, §A43 (NEW). PL 1989, c. 875, §E41 (AMD). PL 1993, c. 410, §FFF15 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3193. Affordable Health Care Fund (REALLOCATED FROM TITLE 22, SECTION 3192)

§3193. Affordable Health Care Fund
(REALLOCATED FROM TITLE 22, SECTION 3192)
The Affordable Health Care Fund is established to assist individuals with the costs of participation in community health access programs. The fund is a nonlapsing fund and any excess funds may be used only for the purposes of this section. The fund may be used only to subsidize the costs of community health access programs' fees. The department shall establish subsidies on a sliding scale based on income for eligible individuals enrolled in community health access programs. Individuals eligible for health coverage under the Medicaid or Medicare program are not eligible to receive a subsidy from this fund.   [RR 2001, c. 1, §27 (RAL).]
SECTION HISTORY
RR 2001, c. 1, §27 (RAL).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3194. Report on cost of dispensing medication

§3194. Report on cost of dispensing medication
The Office of MaineCare Services within the department shall biennially review and report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding the cost of dispensing a medication in the State. By July 1st of each even-numbered year, the Office of MaineCare Services shall consider adjusting, through MaineCare rule amendment, the MaineCare pharmacy professional fee to reflect the cost of dispensing a medication in the State.   [PL 2007, c. 539, Pt. HH, §1 (NEW); PL 2007, c. 590, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 539, Pt. HH, §1 (NEW). PL 2007, c. 590, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3195. Compensation for care provided to persons with intellectual disabilities or autism

§3195. Compensation for care provided to persons with intellectual disabilities or autism
1.  Reimbursement.
The department shall reimburse services provided to MaineCare member adults with intellectual disabilities or autism under a waiver granted by the federal Centers for Medicare and Medicaid Services for home-based and community-based care on the basis of rates and a methodology established by major substantive rulemaking. The department shall, at least every 2 years, conduct a substantive review of the rates set under this section. The review must provide for public comment. This section applies to all funds, including federal funds, paid by any agency of the State to a provider for care covered by the waiver.
[PL 2017, c. 459, Pt. A, §1 (NEW).]
2.  Rulemaking.
The department shall adopt rules providing reimbursement rates under this section that take into account the costs of providing care and services in conformity with applicable state and federal laws, rules, regulations and quality and safety standards and local competitive wage markets.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 459, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 459, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1: ADMINISTRATION › Chapter 855: AID TO NEEDY PERSONS › 22 §3196. Coverage for non-Medicaid services to MaineCare members

§3196. Coverage for non-Medicaid services to MaineCare members
1.  Coverage.
The department shall provide coverage for abortion services to a MaineCare member.
[PL 2019, c. 274, §1 (NEW).]
2.  Funding.
Abortion services that are not federally approved Medicaid services must be funded by state funds within existing resources.
[PL 2019, c. 274, §1 (NEW).]
3.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2019, c. 274, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 274, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-A: GENERAL PROVISIONS › 22 §3200. Short title

§3200. Short title
This Part may be cited as the 1974 State Supplemental Income Act.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-A: GENERAL PROVISIONS › 22 §3201. Declaration of objectives and purpose

§3201. Declaration of objectives and purpose
1.  Objective.
In keeping with the American heritage that each person in our society has an inherent human dignity, it is declared that persons of the State of Maine who are visually impaired, disabled or elderly are entitled to sufficient income to attain a reasonable standard of living, which will encourage the pursuit of a meaningful life of greatest value to the nation, the State of Maine and fellow human beings. It is the mutual and shared duty of first, the individual and the individual's family, second, the community and private agencies of the community and ultimately the governments of the political subdivisions of this State, the State of Maine and the United States of America to enable persons who are visually impaired, disabled or elderly to secure income. The objective of this Part is to reduce income barriers to personal and economic independence by encouraging persons who are visually impaired, disabled or elderly to secure and maintain maximum dignity, independence and self-care in a home environment and, if needed, with an appropriate state supplemental income.
[RR 2021, c. 2, Pt. B, §166 (COR).]
2.  Purpose.
It is further declared that many blind, disabled and elderly people in the State of Maine do not have income sufficient to meet the minimum cost of living budget relating to Maine as determined by the United States Department of Labor, Bureau of Labor Statistics. It is therefore the purpose of this Act, in support of the above objective, to make available to blind, disabled and elderly people a program of state supplemental income.
[PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 2021, c. 2, Pt. B, §166 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-A: GENERAL PROVISIONS › 22 §3202. Definitions

§3202. Definitions
For purposes of this Part, unless the context otherwise indicates, the following words shall have the following meanings.   [PL 1973, c. 790, §3 (NEW).]
1.  Agreement.
"Agreement" means a legally binding document between the Maine Department of Health and Human Services and the United States Department of Health, Education and Welfare.
[PL 1975, c. 293, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Blind person.
"Blind person" means a blind individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended.
[PL 1973, c. 790, §3 (NEW).]
3.  Category.
"Category" means a subclassification of state supplemental income benefits for any one of the following: Blind, disabled or elderly person.
[PL 1973, c. 790, §3 (NEW).]
4.  Commissioner.
"Commissioner" means the Commissioner of Health and Human Services or the commissioner's successors.
[RR 2021, c. 2, Pt. B, §167 (COR).]
5.  Department.
"Department" means the Maine Department of Health and Human Services.
[PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
6.  Disabled person.
"Disabled person" means a disabled individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended.
[PL 1973, c. 790, §3 (NEW).]
7.  Elderly person.
"Elderly person" means an aged individual as defined in section 1614, Title XVI of the United States Social Security Act, as amended.
[PL 1973, c. 790, §3 (NEW).]
8.  Secretary.
"Secretary" means the Secretary, United States Department of Health, Education and Welfare.
[PL 1973, c. 790, §3 (NEW).]
9.  Social Security Act.
"Social Security Act" means the United States Social Security Act of 1935, as amended.
[PL 1973, c. 790, §3 (NEW).]
10.  Social Security Administration.
"Social Security Administration" means the Social Security Administration, United States Department of Health, Education and Welfare.
[PL 1973, c. 790, §3 (NEW).]
11.  Title XVI.
"Title XVI" means Title XVI of the United States Social Security Act of 1935, as amended.
[PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). PL 2003, c. 689, §§B6,7 (REV). RR 2021, c. 2, Pt. B, §167 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-A: GENERAL PROVISIONS › 22 §3203. Report

§3203. Report
On or before September 1st, the department shall submit a detailed annual report on the federal supplemental income program and the state supplemental income program to the Governor in accordance with Title 5, sections 43, 44, 45 and 46 and to the Legislative Council. The report must include copies of all pertinent state and federal rules and regulations and recommendations for policy, budgetary and legislative action.   [PL 2023, c. 405, Pt. A, §64 (AMD).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). PL 2023, c. 405, Pt. A, §64 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3261. Agreement for Federal Administration

§3261. Agreement for Federal Administration
1.
The department shall enter into an agreement with the Secretary of the United States Department of Health, Education and Welfare or its successors, under which the secretary, through the Social Security Administration, on behalf of the State of Maine, shall administer the program of state supplemental income benefits authorized in sections 3271 and 3274. The agreement shall contain all requirements for, and limitations and qualifications on, state supplemental income benefits which Title XVI of the United States Social Security Act, as amended, or regulations adopted thereunder, make necessary in order to qualify the State for administration of state supplemental income benefits by the secretary. The agreement may include, but need not be limited to, provisions to implement the programs of state supplemental benefits pursuant to this Part.
[PL 1973, c. 790, §3 (NEW).]
2.
The department shall take any and all reasonable action necessary to effect an agreement with the secretary of administration of all state supplemental income benefits. Insofar as an agreement pertains to so-called "optional" state supplemental income benefits provided pursuant to section 3271, such administration by the secretary on behalf of the State shall be effective for benefits payable July 1, 1974 and thereafter.
[PL 1973, c. 790, §3 (NEW).]
The department shall take any and all reasonable action to assure that such agreement shall contain provisions that the secretary shall administer the program, particularly as relates to processing of applications, receipt of benefits by eligible applicants, and hearing and reviews, in a manner which is timely and convenient to the applicant and beneficiary.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3262. Applying for benefits

§3262. Applying for benefits
An individual who is a resident of the State of Maine and who applies to the Social Security Administration for supplemental security income benefits pursuant to Title XVI of the Social Security Act shall be deemed to be applying for state supplemental income benefits provided pursuant to this Part and for medical care benefits provided by the State of Maine pursuant to Title XIX of the Social Security Act. Eligibility of a person for any benefit shall be determined in accordance with applicable laws of the United States and State of Maine.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3263. Hearings and review

§3263. Hearings and review
Regarding state supplemental income benefits administered by the secretary, any individual who is or claims to be an eligible individual or eligible spouse pursuant to this Part and is in disagreement with any determination concerning this Part by the United States Department of Health, Education and Welfare shall be provided a hearing before the secretary in accordance with the hearings and review provisions of subsection (C), section 1631 of Title XVI.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3264. Fiscal procedures

§3264. Fiscal procedures
There shall be advanced with the authorization of the department, from the State Treasury to the secretary, prior to the first day of each month, an amount equal to the secretary's estimate of state supplemental benefits authorized pursuant to this Part for such month corrected for any adjustments resulting from benefits relating to any other month. The department shall conduct, at least once each fiscal year, an audit of such benefits paid by the secretary on behalf of the State.   [PL 1973, c. 790, §3 (NEW).]
An agreement shall specify procedures for making payments to the secretary and limitations on such payments, limits on state supplemental payments for patients in health care facilities, provision for recoupment of overpayments, or payments unlawfully procured, of state supplementary payments, adjustments against future state payments on account of such recoupment, and any other fiscal and quality control provision deemed advisable by the department.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3265. Confidentiality

§3265. Confidentiality
Information concerning an applicant or beneficiary under this Part shall be held in strict confidence. The department and secretary shall disclose or use such information only for purposes directly relating to administration of this Part.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-B: ADMINISTRATION › 22 §3266. Acceptance of federal provisions

§3266. Acceptance of federal provisions
All provisions of the United States Social Security Act, Title XVI, Sections 1611, 1612, 1613, 1614 and 1615, as amended, relating to determination of benefits and Sections 1631, 1632 and 1633, as amended, relating to procedural and general provisions are accepted and are deemed to apply to the program of state supplemental security income benefits to the extent that they may be required to conduct a state supplemental income program as pursuant to this Part.   [RR 2021, c. 2, Pt. A, §62 (COR).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 2021, c. 2, Pt. A, §62 (COR).