10-144 C.M.R. Chapter 332; MaineCare Eligibility Manual, Chart 4.3, Rule #302 - Penalty Divisor Rule

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The adopted rule updates the average nursing care private rate, listed in Chart 4.3 of the MaineCare Eligibility Manual, to the most current figure available from the Department's internal audit team. Effective Jun 1, 2023, the average nursing care private rate is determined from rates reported by nursing facilities on the MaineCare Cost Report. 

The adopted rule added a description of how the rate is used to calculate the penalty periods for disposing of assets for less than fair market value on or after the look-back penalty. The adopted rule ensures asset transfer penalties are based on the average current facility rates. Because nursing care private rates increase over time, penalty periods will decrease. The adopted rule does not change any process for nursing facilities or members. 


Office: Office for Family Independence

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Email: Lea.Studholme@maine.gov

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