10-144 C.M.R. 332; MaineCare Eligibility Manual, Parts 2, 3, 4, 5 and Chart 7; Rule #301 - Certain MAGI and CHIP Coverage Group Changes

Date posted:


The purpose of this rule is to provide continuing MaineCare coverage for parents, of children in the custody of the Office of Child and Family Services (OCFS), who are actively participating in family reunification. The proposed rule also removes exclusions, lock-out periods, and premiums for Cub Care and increases the Federal Poverty Level (FLP) to 208% for all children. The proposed rule changes increase access to health insurance coverage.

The Department proposes to correct a typo in Part 2, Section 3.2(III)(B)(2)(a) and (b) from February 25, 2027 to February 25, 1927. In addition, the proposed rulemaking removes Part 2, Section 16 language regarding Cub Care ineligibility due to premium non-payment and references to a penalty for premium to non-payment.

Part 3, Section 2.2, is changed to allow Parent/Caretaker Relatives to maintain coverage while actively working towards reunification with the OCFS. Parents with Substance Use Disorder (SUD) whose children have been removed from the home will maintain necessary health coverage to continue SUD treatment, which will increase the success of reunification efforts, and thus the overall health and wellness of Maine families. In addition, the Department proposes to correct a typo in Part 3, Section 3(I)(C) from quality to qualify.

Part 5, Section 4(A) removes "Federally Facilitated Marketplace" as Maine's State Based Marketplace is utilized. In addition, Chart 7, CubCare, is removed to align with the proposed rule changes to CubCare.

The following changes shall be retroactive. Part 3, Section 3(III) aligns with federal requirements for coverage of Former Foster Care Children that are effective retroactive to January 1, 2023. Part 4, Section 4(D and E) updates the FPL limit for children under age 19 effective retroactive to March 1, 2023. Part 5, Section 3 removes exclusions and wait periods for Cub Care eligibility, and Part 5 is further amended to remove premium payments for Cub Care eases financial burdens for program beneficiaries. Retroactive rulemaking is permissible under 22 M.R.S. Section 42(8) as these changes afford this benefit to more residents of the State of Maine and does not adversely impact applicants, participants, beneficiaries, or providers.

No public hearing is scheduled. Public Comment deadline is Monday, June 26, 2023, at 5:00 p.m.

Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking




Office: Office for Family Independence

Routine technical

Email: Lea.Studholme@maine.gov

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