Adopted Rulemaking

All DHHS rules posted on or after January 5, 2023 are available on the DHHS Rulemaking page.

TANF Rule #119A - Expansion of Transitional Transportation, and Adjustments to TANF Budgeting Rule - Track Changes (Word)  Rule - Clean (Word) 
Concise Summary: This adopted rule amends Chapter III to clarify the exclusion of certain non-recurring payments as assets. Chapter III Section (B) increases the excluded threshold in recognition of inflation. Chapter V Section B extends the Transitional Transportation (TT) benefit to working families with income below 200% of the federal poverty level even if a family did not participate in ASPIRE-TANF, or lost TANF for a reason other than employment. Pursuant to P.L. 2021 ch. 1 N-1, this adopted rule restricts eligibility for this group to $1,400,000 per year. Additional updates to Chapter V Section B(4) and (5) include changes related to Chapter V Sections B(4) and (5) regarding payment of TT supports. It also applies the $20 cap uniformly to all months rather than reduce it to $15 for the second six months. In addition, it also clarifies that this benefit is available so long as transportation is incurred regardless of the mode of transportation. Chapter V(B)(6)(a)(v) is amended to clarify that households only need to report increases in income that put them over the applicable limit. Appendix Charts page 1, The Table of Percentages for First Month Payment, corrects the rate for the 31st day of the month from 3.20 percent to 3.23 percent. This adopted rulemaking includes minor changes such as correcting typographical errors, enumeration and formatting changes necessitated by more substantive changes, adding clarifying language, and reducing the use of stigma inducing language as well as modernizing the asset type list to include crypto currency. All of the above changes are effective upon adoption of this rule. Updates to Chapter V Section B(4) increases the mileage reimbursement to align with the rate afforded to those covered under the Maine State Employees Association (MSEA) contract. This change is effective retroactive to October 1, 2022, consistent with the MSEA contractual change. Pursuant to 22 M.R.S. 3769-C(1)(D), this adopted rule increases Appendix Charts, page 2, Standard of Need and Maximum Grant, each October based on the Cost of Living Increase, used by the Social Security Administration. To comply with 22 M.R.S. 3762(8)(C), Appendix Charts page 3, Worksheet For Calculating Transitional Child Care (TCC) Parent Fees and Subsidy Payments, is updated based on Federal Poverty Level (FPL) figures published in the Annual Update of the HHS Poverty Guidelines, Federal Register 87:14 (January 21, 2022) p. 3315. https://www.federalregister.gov/documents/2022/01/21/2022-01166/annual-update-of-the-hhs-poverty-guidelines effective retroactive to October 22, 2022. Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. 42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients. The adopted rule differs from the proposed rule in the following way: Chapter V Section (B)(a)(i) is updated to Transitional Transportation (TT) is available for up to 18 months when requested within twelve months of TANF/PaS closure. This adopted rule effectuates additional supports for working families and reduces complexity of the program for them and Department staff. Additional changes to the adopted rule intends to improve readability and contemporariness of the sections. Families receiving TANF may see an increase in their benefits. In addition, some families not previously eligible for TANF may be eligible under the new income guidelines. The Department does not anticipate that this rulemaking will cause any specific, actual or any potential points of public controversary for stakeholders, businesses, or municipalities.
Effective Date: December 10, 2022
View Comments: Summary of Comments (Word)  Posted: December 7, 2022
 
Food Supplement Rule 197A SUA-COLA Changes for FFY 2017; 10-144 CMR, Chapter 301, Sections FS-000-1 and FS-555-5 pages 1-11 FS-000-1  FS-555-5 
Concise Summary: This rule adopts annual changes in the standard utility allowances (SUA) and cost of living allowances (COLA) used to calculate benefits. The annual changes are mandated by federal regulations 7 CFR 273.9(a) and (d), and are based on USDA Food and Nutrition Sevices (FNS) requirements. The 2017 SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities from June 2015 to June 2016. They had to be in place on October 1, 2016, and an emergency rulemaking was done to meet that deadline. This rulemaking makes the emergency rule permanent. The COLA values did not require an emergency rulemaking because they represent increases in allowances and, as such, can be applied retroactively to October 1, 2016. While the COLA values increased, SUA values decreased for FFY 2017. The marginal decrease in the SUAs and marginal increase in the COLAs will have minor impacts on household benefit amounts, and will affect housesholds based on factors distinct to each household. Some members may see a minor increase in benefits, while others will have a minor decrease.
Effective Date: December 19, 2016
View Comments: Summary of Comments  Posted: