reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-2 - METHOD OF REPORT

Current through 2024-29, July 17, 2024
Information for employers regarding reporting new hires may
					 be found online at http://www.maine.gov/dhhs/ofi/dser/employer/new-hire.html.
					 The New Hire Report Form may be found online at
					 http://www.maine.gov/dhhs/ofi/dser/employer/pdf/NewHireReport.pdf. Reporting
					 may be accomplished by one of the following methods:
A. Via the internet at
				  https://portal.maine.gov/newhire/;
B. By mailing a copy of the completed New
				  Hire Report Form to the Division of Support Enforcement and Recovery at 11 SHS,
				  Augusta, ME 04333-0011; or
C. By
				  faxing a copy of the completed New Hire Report Form to the Department at (207)
				  287-6882 (Toll-free in state only at (800) 437-9611).
Employers without access to the internet may request forms
					 or information by calling (207) 624-4100.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-3 - TIMING/CONTENT OF REPORT

Current through 2024-29, July 17, 2024
Employers required to report under this Chapter shall
					 submit reports to the Division, in the manner described in Section 2, above,
					 within 7 days of the date that services for remuneration are first performed by
					 a newly hired employee. The report must contain the following
					 information:
A. The employee's name,
				  address, social security number, date of birth and the most recent date that
				  services for remuneration were first performed by the employee; and
B. The employer's name, address and Federal
				  Employer Identification Number (FEIN).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-4 - INDEPENDENT CONTRACTORS

Current through 2024-29, July 17, 2024
An employer who reports under Section 1 above shall also
					 report the contracting for services in the State with an independent contractor
					 when reimbursement for such services is anticipated to equal or exceed $2,500.
					 The procedure and requirements for reporting independent contractors may be
					 found at
					 19-A M.R.S. §2154(4-B)
					 and (10).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-5 - ENFORCEMENT; PENALTIES

Current through 2024-29, July 17, 2024
The Division shall issue a written warning to an employer
					 who knowingly fails to report as required by this Chapter. For violations that
					 occur after a written warning is issued, the Division, through the Office of
					 the Attorney General, may begin a court action against the employer to enforce
					 the employer's duty to report. The court may impose a civil penalty of up to
					 $200 per month for each violation and award the Department damages, costs,
					 interest and attorney's fees.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-6 - USE OF NEW HIRE INFORMATION

Current through 2024-29, July 17, 2024
The Department shall use the information it receives
					 pursuant to §2154 to locate persons and identify sources of income for the
					 purposes of:
A. Establishing,
				  enforcing and modifying child support obligations;
B. Collecting overpayments of public
				  assistance and overissue of food supplement payments when benefits are no
				  longer being paid; and
C.
				  Determining eligibility and enforcing eligibility rules for cash assistance,
				  food supplement payments, Medicaid ("MaineCare") and other benefit programs
				  funded or administered by the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 23 - EMPLOYER REPORTING › Section 144-351-23-7 - ACCESS TO INFORMATION

Current through 2024-29, July 17, 2024
The Department of Labor, the Workers' Compensation Board
					 and the State Tax Assessor may have access to the information reported to the
					 Division for purposes of program administration.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 24 - NATIONAL MEDICAL SUPPORT NOTICE › Section 144-351-24-1 - NATIONAL MEDICAL SUPPORT NOTICE

Current through 2024-29, July 17, 2024
The Division on its own behalf, on behalf of a custodial
					 parent who applies for the Division's support enforcement services, or on
					 behalf of another state's title IV-D agency, political subdivision or agent,
					 shall use the National Medical Support Notice (NMSN) to transfer notice of the
					 provision for healthcare coverage of the child(ren), pursuant to a child
					 support order, to employers known to the Division. The Division must transfer
					 the NMSN to the employer within two business days after the date of entry of an
					 employee who is an obligor in a IV-D case in the State Directory of New Hires.
					 The Division must promptly notify the employer when there is no longer a
					 current order for medical support in effect for which the Division is
					 responsible.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 25 - SECURING AND ENFORCING MEDICAL SUPPORT › Section 144-351-25-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of this chapter:
A. Medical support means an amount ordered to
				  be paid toward the cost of health care coverage provided by a public entity or
				  by another parent through employment or otherwise, or for other medical costs
				  not covered. Medical support specifically includes medical costs included
				  within the child support schedule itself and an apportionment between the
				  parents of uninsured medical expenses.
B. Health care coverage includes fee for
				  service, health maintenance organization, preferred provider organization, and
				  other types of private health insurance and public health care coverage under
				  which medical services could be provided to the dependent child(ren).
C. Health insurance is presumed to be
				  accessible if it enables medical services to be provided to the child(ren)
				  within 30 miles or 30 minutes travel of the child(ren)'s primary
				  residency.
D. Medical support or
				  the cost of health insurance is presumed to be reasonable in cost if the cost
				  to the parent responsible for providing medical support does not exceed 6% of
				  his or her gross income or, if his or her gross income does not exceed 150% of
				  the federal poverty level for one person, 0% of their gross income. If the
				  responsible parent has multiple cases, this standard shall be applied
				  separately to each case. The cost shall be prorated if more than one child is
				  covered.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 25 - SECURING AND ENFORCING MEDICAL SUPPORT › Section 144-351-25-2 - DUTY OF DEPARTMENT

Current through 2024-29, July 17, 2024
The Department shall:
A. Petition the Court or Administrative
				  authority to:
1. Include health insurance
				  which is accessible to the child(ren) and available to the parent responsible
				  for providing medical support, and can be obtained for the child at reasonable
				  cost, to be included in new or modified orders for support; and
2. Allocate the cost of coverage between the
				  parents.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-1 - CONFIDENTIAL INFORMATION

Current through 2024-29, July 17, 2024
"Confidential information" means any information relating
					 to a specified individual or an individual who can be identified by reference
					 to one or more factors specific to the individual, including but not limited to
					 the individual's Social Security number, residential and mailing addresses,
					 employment information, and financial information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-2 - INDEPENDENT VERIFICATION

Current through 2024-29, July 17, 2024
"Independent verification" means the process of acquiring
					 and confirming confidential information through the use of a second
					 source.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-3 - SCOPE

Current through 2024-29, July 17, 2024
The requirements of this section apply to all employees of
					 the Department, any other State or local agency to whom the Department
					 delegates any of its Title IV-D functions, any official with whom the
					 Department enters into a cooperative agreement regarding its Title IV-D
					 functions, and any person or private agency from whom the Department has
					 purchased services regarding its Title IV-D functions.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-4 - GENERAL RULE

Current through 2024-29, July 17, 2024
Except as otherwise authorized by this chapter or the
Social Security Act
(
					 42 USC §
											301
et seq
.), any entity
					 described in section 3 shall not disclose any confidential information,
					 obtained in connection with the performance of Title IV-D functions, outside
					 the administration of the IV-D program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-5 - AUTHORIZED DISCLOSURES

Current through 2024-29, July 17, 2024
A. Upon request, to
				  the extent that it does not interfere with the performance of IV-D functions
				  and subject to such requirements as OCSE may prescribe, confidential
				  information may be disclosed to State agencies as necessary to carry out State
				  agency functions under plans or programs under Title IV (including tribal
				  programs under Title IV), Titles XIX, or XXI of the
Social Security
				  Act
, and the Supplemental Nutrition Program (SNAP), including:
(1) Any investigation. prosecution or
				  criminal or civil proceeding conducted In Connection with the administration of
				  any such plan or program;
(2)
				  Information on known or suspected instances of physical or mental injury.
				  sexual abuse or exploitation. or negligent treatment or maltreatment of a child
				  under circumstances which indicate that the child's health or welfare is
				  threatened;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-6 - PROHIBITION OF RELEASE OF INFORMATION WHEN THERE IS EVIDENCE OF DOMESTIC VIOLENCE

Current through 2024-29, July 17, 2024
A. Disclosure of
				  information that could be harmful to a party or child is prohibited if the
				  Department has reasonable evidence of domestic violence or child abuse against
				  the party or child.
B. The family
				  violence indicator shall be used as required by
				  45
				  CFR §
											307.11(f)(1)(x).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-7 - SECURITY AND CONFIDENTIALITY OF COMPUTERIZED SUPPORT ENFORCEMENT SYSTEM

Current through 2024-29, July 17, 2024
A. Department personnel shall be permitted
				  access to and use of data only to the extent necessary to carry out Title IV-D
				  functions.
B. Specific data which
				  may be used for particular IV-D program purposes shall be permitted to be
				  accessed only by specific personnel.
C. Information may be exchanged with State
				  and Tribal agencies administering programs under Titles IV, XIX, and XXI of the
Social Security Act
, and SNAP, to the extent necessary to
				  carry out those State and Tribal agency responsibilities under such programs in
				  accordance with section 654 a(f)(3) of the
Social Security
				  Act
, and to the extent that it does not interfere with the Department
				  meeting its obligations under Title IV-D.
D. Disclosure of National Directory of New
				  Hires (NONE), Federal Case Registry (FCR), financial institution, and Internal
				  Revenue Service (IRS) information outside of the Title IV-D program is
				  prohibited except that:
(1) IRS information
				  is restricted as specified in the
Internal Revenue
				  Code
;
(2) Independently
				  verified information other than financial institution information may be
				  released to authorized persons;
(3)
				  NDNH and FCR information may be disclosed without independent verification to
				  Title IV-B and Title IV-E agencies to locate parents and putative fathers for
				  the purposes of establishing parentage or establishing parental rights with
				  respect to a child;
(4) NDNH and
				  FCR information may be disclosed without independent verification to Title
				  IV-D, IV-A, IV-B and IV-E agencies for the purpose of assisting to carry out
				  their responsibilities to administer Title IV-D, IV-A, IV-B and IV-E
				  programs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-8 - CONFIDENTIALITY OF INFORMATION OBTAINED THROUGH THE STATE OR FEDERAL PARENT LOCATOR SERVICE

Current through 2024-29, July 17, 2024
A. Information
				  obtained through either the State Parent Locator Service or Federal Parent
				  Locator Service shall be treated and safeguarded as confidential
				  information.
B. Information
				  obtained through either the State Parent Locator Service or Federal Parent
				  Locator Service shall only be disclosed to authorized persons specified in
				  sections 653(c) or 663(d) of the
Social Security Act
for
				  authorized purposes specified in section 653(a)(2) or 663(d)(1) of the
Social Security Act
in accordance with 45 CPR §302.35.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 26 - CONFIDENTIALITY › Section 144-351-26-9 - PENALTIES FOR UNAUTHORIZED ACCESS, DISCLOSURE OR USE OF CONFIDENTIAL INFORMATION

Current through 2024-29, July 17, 2024
In addition to any legal sanctions imposed by State or
					 Federal statute. Department personnel may be subject to discipline. up to and
					 including dismissal from employment, for unauthorized access to, disclosure or
					 use of confidential information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-1 - PROVISION OF SERVICES IN INTERGOVERNMENTAL IV-D CASES

Current through 2024-29, July 17, 2024
A. In accordance with this Chapter and
				  45 C.F.R.
				  §
											303.7, the Department will extend the
				  full range of services available under its IV-D plan to:
(i) Any other State;
(ii) Any Tribal IV-D program operating under
				  45
				  C.F.R. §
												309.65(a);
				  and
(iii) Any country as defined in
				  this chapter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-3 - GENERAL RESPONSIBILITIES

Current through 2024-29, July 17, 2024
The Department must:
A. Establish and use procedures for managing
				  its intergovernmental IV-D caseload that ensure provision of necessary services
				  as required by this chapter and include maintenance of necessary records in
				  accordance with
				  45 C.F.R.
				  §
											303.2;
B. Periodically review program performance on
				  intergovernmental IV-D cases to evaluate the effectiveness of the procedures
				  established under this section;
C.
				  Ensure that the organizational structure and staff of the Department are
				  adequate to provide for the administration or supervision of the following
				  functions specified in
				  45 C.F.R. §
											303.20(c) for its
				  intergovernmental IV-D caseload: intake; establishment of paternity and the
				  legal obligation to support; location; financial assessment; establishment of
				  the amount of child support; collection; monitoring; enforcement; review and
				  adjustment; and investigation;
D.
				  Use federally-approved forms in intergovernmental IV-D cases, unless a country
				  has provided alternative forms as part of its chapter in
A Caseworker's
				  Guide to Processing Cases with Foreign Reciprocating Countries.
When
				  using a paper version, this requirement is met by providing the number of
				  complete sets of required documents needed by the responding agency, if one is
				  not sufficient under the responding agency's law;
E. Transmit requests for information and
				  provide requested information electronically to the greatest extent
				  possible;
F. Within 30 working days
				  of receiving a request, provide any order and payment record information
				  requested by a State IV-D agency for a controlling order determination and
				  reconciliation of arrearages, or notify the State IV-D agency when the
				  information will be provided;
G.
				  Notify the other agency within 10 working days of receipt of new information on
				  an intergovernmental case; and
H.
				  Cooperate with requests for the following limited services: quick locate,
				  service of process, assistance with discovery, assistance with genetic testing,
				  teleconferenced hearings, administrative reviews, high-volume automated
				  administrative enforcement in interstate cases under section 466(a)(14) of the
Social Security Act
, and copies of court orders and payment
				  records. Requests for other limited services may be honored at the Department's
				  option.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-4 - CENTRAL REGISTRY

Current through 2024-29, July 17, 2024
A. The Department
				  maintains a central registry responsible for receiving, transmitting, and
				  responding to inquiries on all incoming intergovernmental IV-D cases.
B. Within 10 working days of receipt of an
				  intergovernmental IV-D case, the central registry must:
(i) Ensure that the documentation submitted
				  with the case has been reviewed to determine completeness;
(ii) Forward the case for necessary action
				  either to the central State Parent Locator Service for location services or to
				  the appropriate agency for processing;
(iii) Acknowledge receipt of the case and
				  request any missing documentation; and
(iv) Inform the initiating agency where the
				  case was sent for action.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-5 - INITIATING STATE IV-D AGENCY RESPONSIBILITIES

Current through 2024-29, July 17, 2024
When acting as the initiating State IV-D agency, the
					 Department must:
A. Determine whether
				  there is a support order or orders in effect in a case by reviewing the Federal
				  and State Case Registries, Department records, information provided by the
				  recipient of services, and other relevant information available to the
				  Department;
B. Where multiple
				  orders exist, determine which State holds the controlling order and
				  reconciliation of arrearages;
C.
				  Determine whether the noncustodial parent is in another jurisdiction and
				  whether it is appropriate to use that jurisdiction's one-state remedies to
				  establish paternity and establish, modify, and enforce a support order,
				  including medical support and income withholding;
D. Within 20 calendar days of completing the
				  actions required in paragraphs (A) through (C) and, when applicable, receipt of
				  any necessary information needed to process the case:
(i) Ask the appropriate intrastate tribunal,
				  or refer the case to the appropriate responding State IV-D agency, for a
				  determination of the controlling order and a reconciliation of arrearages if
				  such a determination is necessary; and
(ii) Refer any intergovernmental IV-D case to
				  the appropriate State Central Registry, Tribal IV-D program, or Central
				  Authority of a country for action, if one-state remedies are not available or
				  appropriate;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-6 - RESPONDING STATE IV-D AGENCY RESPONSIBILITIES

Current through 2024-29, July 17, 2024
Upon receipt of a request for services from an initiating
					 agency, the Department must:
A. Accept
				  and process an intergovernmental request for services, regardless of whether
				  the initiating agency elected to use remedies that may be available under the
				  law of that jurisdiction;
B. Within
				  75 calendar days of receipt of an intergovernmental form and documentation from
				  its central registry:
(i) Provide location
				  services in accordance with
				  45 C.F.R. §
												303.3 if the request is for location services
				  or the form or documentation does not include adequate location information
				  regarding the noncustodial parent;
(ii) If unable to proceed with the case
				  because of inadequate documentation, notify the initiating agency of the
				  necessary additions or corrections to the form or documentation;
(iii) If the documentation received with a
				  case is incomplete and cannot be remedied without the assistance of the
				  initiating agency, process the case to the extent possible pending necessary
				  action by the initiating agency;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 27 - PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES › Section 144-351-27-7 - PAYMENT AND RECOVERY OF COSTS IN INTERGOVERNMENTAL IV-D CASES

Current through 2024-29, July 17, 2024
A. As a responding IV-D agency, the
				  Department must pay the costs it incurs in processing intergovernmental IV-D
				  cases, including the costs of genetic testing. If paternity is established, the
				  Department, at its election, may seek a judgment for the costs of testing from
				  the alleged father who denied paternity.
B. The Department may recover its costs of
				  providing services in intergovernmental non-IV-A cases in accordance with
				  45
				  C.F.R. §
											302.33(d),
				  except that the Department may not recover costs from an FRC or from a foreign
				  obligee in that FRC, when providing services under sections 454(32) and 459A of
				  the
Social Security Act
.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 1 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following words, phrases, and terms, unless the context
				  suggests otherwise, have the following meanings:
Assistance unit. The person or persons whose need the
				  department considers to determine eligibility for program benefits.
Court Order. An order, decision, judgment or other entry of a
				  court of this State for the repayment of an overpayment.
Decision. A written decision under MRSA 3813(5), MRSA 3816(5)
				   22
				  MRSA38224 ), or chapter 4, section 6 of this
				  Manual.
Department. The Maine Department of Human Services.
Fraud, Investigation and Recovery. The Fraud Investigation
				  Unit of the Department of Human Services, also called FIR.
Hearing officer. A person acting as presiding officer at a
				  hearing under MRSA 3813(4), MRSA 3816(4)
				   22
				  MRSA38223 ), or chapter 4, section 5 of this
				  Manual.
BFI. The Bureau of Family Independence of the Department of
				  Human Services.
Notice to repay. A notice of an overpayment, not recouped,
				  repaid or otherwise recovered, sent to an obligor who no longer gets benefits
				  from the program that issued the overpayment.
Obligor. A person who receives an overpayment, or an adult
				  member of an assistance unit that receives an overpayment.
Overpayment. For these rules only, program benefits received
				  by a person or assistance unit that exceed the amount of program benefits for
				  which the person or assistance unit is eligible when the department or a court
				  has decided that the benefits were received because of an intentional program
				  violation, an unintentional error by the individual or household, or an error
				  by the department. This includes any overpayment made before or after the
				  effective date of this rule.
Pre-offset notice. The notice concerning tax refund offset
				  described in chapter 4, section 3 of this Manual.
Proceeding. A general term that refers to an action involving
				  a notice to repay, income withholding order, certificate of lien, or state
				  income tax refund.
Program benefits. Money payments or food coupons issued by
				  the department in response to an application for benefits made to Aid to
				  Families with Dependent Children (AFDC), Temporary Assistance for Needy
				  Families (TANF), or the Food Stamp program.
State. The State of Maine.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 2 - COLLECTION OF OVERPAYMENTS › Section 144-400-2-1 - Notice to repay (22 MRSA 3813)

Current through 2024-29, July 17, 2024
A. Repayment.
				  Fraud, Investigation and Recovery (FIR) may serve a notice to repay upon a
				  person or other member of an assistance unit who received an overpayment that
				  has not been recovered by the department, but only if the person no longer
				  receives benefits from the program that issued the overpayment.
B. Notice. A notice to repay must state all
				  the following.
1 The name of the
				  obligor.
2 The amount of the
				  overpayment, when the overpayment was made and when it was
				  established.
3 The name of the
				  benefit program that issued the overpayment.
4 The amount of the overpayment that has not
				  been recovered by the department.
5
				  The obligor may complete an assignment of earnings, or other agreement
				  acceptable to FIR, to repay that part of the overpayment that has not been
				  recovered.
6 If the overpayment is
				  not repaid within 21 days of when the notice is served, FIR may collect the
				  amount owed by income withholding, filing liens against the obligor's real and
				  personal property for the amount owed, and may report the obligor and the
				  amount owed to a consumer credit reporting agency.
7 The obligor has the right to ask for a
				  hearing within 21 days of service of the notice to repay. If the department
				  receives a timely request for hearing, collection action stops until the
				  department issues written decision on the obligor's appeal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 2 - COLLECTION OF OVERPAYMENTS › Section 144-400-2-2 - Income withholding order (22 MRSA 3816)

Current through 2024-29, July 17, 2024
A. Income withholding. FIR may serve an
				  income withholding order upon the obligor's employer or other payor of income
				  to collect the unrecovered amount of the overpayment 21 days after service of a
				  notice to repay, unless collection action is stayed under section 1, subsection
				  H (page 5). FIR shall send the obligor a copy of an income withholding order
				  issued under this section. The copy must be sent by regular mail to the
				  obligor's most recent address of record.
B. Exempt property; withholding limit. An
				  obligor's weekly income equal to 30 times the federal minimum wage is exempt
				  from income withholding. In addition, an income withholding order may not
				  exceed 25% of the obligor's gross income.
C. Payor duty. When an income withholding
				  order is received, the obligor's employer or other payor of income shall
				  withhold the amount stated in the order when the obligor is next paid. Income
				  withheld must be sent to the department within 10 days of the date of
				  withholding.
D. Withholding order;
				  payor notice. An income withholding order must state all the following.
1 The name of the obligor.
2 The amount owed to the
				  department.
3 The amount of income
				  that the employer or other payor of income must withhold.
4 Withholding must take place when the
				  obligor is normally paid. The income withheld must be sent to the department
				  within 10 days of each withholding.
5 The withholding order applies to current
				  and future periods of employment.
6
				  The rules for exempt income and withholding limits.
7 The substance of any other rights, duties,
				  and potential liabilities of an employer or other payor of income as provided
				  in section 3 (page 8).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 2 - COLLECTION OF OVERPAYMENTS › Section 144-400-2-4 - Assignment of earnings (22 MRSA 3817)

Current through 2024-29, July 17, 2024
A.
				  When available. FIR may collect an overpayment at any time by completing an
				  assignment of earnings with the obligor.
B. Payor duty. An employer or other payor of
				  income shall honor an assignment of earnings the same way as an income
				  withholding order. An assignment of earnings is effective until released by FIR
				  in writing. Income withheld from an obligor under the provisions of an
				  assignment of earnings must be sent to the department within 10 days of
				  withholding.
C. Payor notice. When
				  FIR sends an assignment of earnings to an employer or other payor of income,
				  FIR shall include the same instructions and notices required for an income
				  withholding order under section 2, subsection D (page 6).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 2 - COLLECTION OF OVERPAYMENTS › Section 144-400-2-5 - Liens (22 MRSA 3822)

Current through 2024-29, July 17, 2024
A. Claim on
				  property. Twenty-one days after service of a notice to repay, FIR may issue a
				  certificate of lien, unless collection action is stayed under section 1,
				  subsection H (page 5). A lien issued under this section attaches to all
				  nonexempt real and personal property of the person named in the notice to
				  repay. FIR shall send a copy of the certificate of lien to the obligor at the
				  obligor's most recent address of record.
B. Filing. FIR may file the certificate of
				  lien in the registry of deeds of any county in which the obligor may own real
				  property or with the Secretary of State. The certificate must include all the
				  following information.
1 The name of the
				  obligor served with the notice to repay.
2 The obligor's most recent address of
				  record.
3 The date of the notice to
				  repay.
4 The unrecovered amount of
				  the overpayment.
5 The name and
				  address of the person who issued the lien.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 2 - COLLECTION OF OVERPAYMENTS › Section 144-400-2-6 - Credit reporting (22 MRSA 3824)

Current through 2024-29, July 17, 2024
FIR may submit the name of an obligor and the amount of an
					 overpayment not recovered to a consumer credit reporting agency. FIR may submit
					 the obligor's name only if the overpayment was established by judicial or
					 administrative action, by agreement of the obligor and the department, or by
					 operation of law and only upon prior notice to the obligor.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 3 - HEARINGS › Section 144-400-3-1 - Decision based on hearing record

Current through 2024-29, July 17, 2024
The hearing officer's decision must be based solely on
					 evidence in the hearing record.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 3 - HEARINGS › Section 144-400-3-2 - Decision and finding of no jurisdiction

Current through 2024-29, July 17, 2024
If the hearing officer finds there is no jurisdiction to
					 decide an issue, the hearing officer shall state this in the decision. The
					 decision must clearly identify the issue and include a specific statement why
					 there is no jurisdiction.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 3 - HEARINGS › Section 144-400-3-3 - Withdrawal from proceedings

Current through 2024-29, July 17, 2024
A party that starts a proceeding may withdraw its action.
					 The action can be started later, unless a time limit has ended. If a party
					 withdraws an action, that party shall notify all other
					 parties.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 3 - HEARINGS › Section 144-400-3-4 - Clerical errors, mistakes

Current through 2024-29, July 17, 2024
Any party to a proceeding may ask the hearing officer to
					 correct a clerical error in a decision. A party that does this shall notify all
					 other parties. A hearing officer also may act to correct a clerical error, but
					 shall notify all parties before changing the decision. A hearing officer may
					 make other changes to a decision only when all parties agree to the changes in
					 writing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-1 - Submittal

Current through 2024-29, July 17, 2024
The department shall notify the State Tax Assessor each
					 year of all persons who owe liquidated debts of more than $25.00 for overissued
					 Food Stamps, AFDC or TANF overpayments and other debts to repay welfare costs
					 the department is entitled to recover. The department shall provide the State
					 Tax Assessor with whatever information the State Tax Assessor requires to
					 identify each person submitted for offset. The State Tax Assessor shall set off
					 the debts owed against any refund due the person according to
					  36
					 MRSA52761 ).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-2 - Payment agreements

Current through 2024-29, July 17, 2024
As an exception to Section
					 1, the department shall not include
					 a person in the submittal to the State Tax Assessor if both of the following
					 apply.
A. The person has a written
				  agreement with the department to make regular payments on the debt.
B. The person has paid according to the
				  agreement at the time of the yearly submittal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-3 - Pre-offset notice

Current through 2024-29, July 17, 2024
At or before the time of submittal, the department shall
					 send a notice to each person reported to the State Tax Assessor. The department
					 shall send the notice to the person's last known address, according to the
					 department's records. The notice must tell the person and their spouse the
					 following information.
A. The amount
				  of the debt.
B. The department
				  intends to take all or part of the person's state tax refund, as needed, to pay
				  the debt.
C. The person may ask for
				  a hearing to contest the department's action within 30 days of the date the
				  notice is mailed.
D. The issues at
				  the hearing are limited to whether the debt was legally established and whether
				  the amount of the debt has changed since it was legally established.
E. If the person asks for a hearing, the
				  person must give the department written proof or other facts that support the
				  request.
F. The department will not
				  consider a hearing request until it receives written proof or other facts that
				  support the request.
G. If the
				  person has filed a joint return, a spouse who does not owe the debt may ask the
				  State Tax Assessor to pay the spouse's part of the refund.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-4 - Request for hearing

Current through 2024-29, July 17, 2024
A person sent a pre-offset notice may ask for a hearing to
					 contest the department's action. If mailed to the department, the request must
					 be postmarked not later than 30 days after the date the notice was mailed. If
					 delivered to an office of the department, the request must be delivered not
					 later than 30 days after the notice was mailed
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-5 - Hearing

Current through 2024-29, July 17, 2024
The following two issues are the only issues that can be
					 considered at the hearing.
A. Whether
				  the debt was legally established.
B. Whether the amount of the debt has changed
				  since it was legally established.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-6 - Decision

Current through 2024-29, July 17, 2024
After hearing, the department shall issue a written
					 decision. The department shall send the decision by regular mail to the person
					 who asked for the hearing and to all other parties. The decision is sent to the
					 last known address. The decision must tell the person who asked for the hearing
					 of the right to appeal to Superior Court within 30 days (Rule 80C of the Maine
					 Rules of Civil Procedure).
A. In the
				  decision, the hearing officer shall decide only the following two questions.
1 Whether the debt was legally
				  established.
2 Whether the amount
				  of the debt has changed since it was legally established. If so, the hearing
				  officer shall decide the amount owed based on the evidence in the hearing
				  record.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-7 - Hearings and decisions after setoff

Current through 2024-29, July 17, 2024
Under 36 MRSA5276-A, the State Tax Assessor must give
					 notice to a person whose refund is setoff. For these hearings, the rules in
					 sections
					 5 and
					 6 apply. A person notified by the
					 State Tax Assessor is presumed to have received the notice within 7 days of the
					 date of the notice.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-8 - Joint returns

Current through 2024-29, July 17, 2024
The department has no authority to decide if all or part of
					 a refund belongs to a person who files a joint return with aperson subject to
					 setoff. The department shall refer persons who have questions about refunds in
					 these cases to the State Tax Assessor.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 400 - FRAUD INVESTIGATION AND RECOVERY MANUAL › Chapter 4 - STATE INCOME TAX REFUNDS › Section 144-400-4-9 - Excess payment

Current through 2024-29, July 17, 2024
If the department collects more than the amount of the debt
					 it submits, the department shall return the excess promptly to the person who
					 owed the debt. Unless the excess is due to the department's error, the
					 department shall not return the excess until it is received from the State Tax
					 Assessor
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules, unless the context indicates
				  otherwise, the following terms have the following meanings:
1.1
ANTITRUST LAW
means federal
				or state laws that prohibitcontracts, combinations or conspiracies in restraint
				of trade; monopolies; mergers and acquisitions which tend to substantially
				reduce competition; and unfair methods of competition, as well as unfair acts
				and practices in the conduct of trade or commerce. See 10 M.R.S.A. Chapter 201,
				and 15[DEGREE]U.S.C. chapter 1.
1.2
CERTIFICATE OF PUBLIC ADVANTAGE ("COPA" or the "CERTIFICATE")
(also referred to as a "certified cooperative agreement") means the written
				approval of a cooperative agreement issued by the department with the intent to
				provide state action immunity to the parties to the agreement under applicable
				federal antitrust laws. See
				 22 M.R.S.A.
				§§1844.
1.3
CERTIFIED COOPERATIVE AGREEMENT.
See Section 1.2 of these rules. See
				 22 M.R.S.A.
				§1848(5).
1.4
COOPERATIVE AGREEMENT
means
				an agreement that names the parties to the agreement and describes the nature
				and scope of the cooperation and is:
1.4.1 An
				agreement entered into by the following:
1.4.1.1 two or more hospitals; or
1.4.1.2 two or more healthcare
				providers.
1.4.1.3 For the purposes
				of these rules, an agreement between one or more hospitals
and
one or more healthcare providers is not a cooperative agreement. See
				 22 M.R.S.A.
				§1843(1).
and
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-2 - SCOPE OF THE CERTIFICATE OF PUBLIC ADVANTAGE

Current through 2024-29, July 17, 2024
2.1
Voluntary Procedure.
These
				rules establish a voluntary procedure that is available to covered entities.
				See
				 22 M.R.S.A.
				§1843(2).
2.2
Authority.
A covered entity
				may negotiate and enter into a cooperative agreement with another covered
				entity and may file an application for a certificate with the department
				pursuant to these rules. See
				22 M.R.S.A.
				§1844(1).
2.3
Compliance with Other Laws and
				Rules.
These rules do not exempt covered entities from compliance with
				laws governing certificates of need or other applicable federal and state laws
				and rules. See
				
				22 M.R.S.A.
				§1849(3).
2.4
Coordinated Negotiation and
				Contracting with Payors or Employers Prohibited.
The department may not
				issue a certificate for a cooperative agreement that allows coordinated
				negotiation and contracting with payors or employers unless such negotiation
				and contracting are ancillary to clinical or financial integration. See
				 22 M.R.S.A.
				§1844(5).
2.5
Validity: Lawful Conduct.
Notwithstanding 5 M.R.S.A chapter 10, 10 M.R.S.A chapter[DEGREE]201, or any
				other provision of law:
2.5.1 A cooperative
				agreement for which a certificate has been issued is a lawful
				agreement.
2.5.2 If the parties to
				a cooperative agreement file an application for a certificate with the
				department, the conduct of the parties in negotiating and entering into a
				cooperative agreement is lawful conduct.
2.5.3 These rules do not provide immunity to
				any person for conduct in negotiating and entering into a cooperative agreement
				for which an application for a certificate is not filed. See
				
				22 M.R.S.A.
				§1849(1).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 500 - RULES GOVERNING THE MAINE CERTIFICATION OF HEALTHCARE COOPERATIVE AGREEMENTS › Section 144-500-3 - COPA APPLICATION PROCESS

Current through 2024-29, July 17, 2024
3.1
Forms and Format
3.1.1
Department-approved Forms.
COPA applicants must use the
				department-approved forms for a COPA letter of intent and COPA
				application.
3.1.2
Documentation.
Documentation submitted with the letter of intent or the
				application must be unbound, on 8 1/12 x 11 paper, one sided only, and three
				hole punched on the left side, unless impracticable.