MC Rule #309A - 10-144 C.M.R. Ch. 333; Low Cost Drugs for the Elderly and Disabled (DEL) Eligibility Manual;

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MaineCare Rule #309A - DEL Updates

The adopted rule updated Section 2, APPLICATION PROCESS, consistent with a legislative change to 22 M.R.S. § 3174-LLL made by P.L. 2023, ch. 412. Effective retroactive to July 1, 2024, individuals who are enrolled in Medicaid and/or Medicare Buy-In (MSP), who are eligible for Medicare Part D, and meet the income criteria in Section 2.2, are deemed to be eligible for and enrolled in DEL. These individuals do not need to file a separate application.

In addition, the adopted rule effectuates the following changes:

  • “10-144” replaced the “MaineCare Eligibility Manual” throughout the rule.
  • “Noncitizen” replaced “alien” and “noncitizens” would replace “aliens” throughout the rule.
  • Section 1 “their” replaced “his/her” control.
  • Section 1(III)(B)(3) “United” replaced “Unites.”

The adopted rule changes are effective retroactive to July 1, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these updates provide a benefit to recipients and applicants.

The Department determined it necessary to make non-substantial changes to the final rule to ensure consistency throughout the rule. Throughout the open sections of this rule, 10-144, C.M.R. Ch. 332 replaces MaineCare Eligibility Manual.

The final rule is consistent in substance with the rule that was proposed.

This rule will not have an adverse impact on municipalities or small businesses.

Statutory Authority: 22 M.R.S. §§ 42(1) and (8); 254-D, 3174-LLL

Effective Date: October 13, 2024

Office: Office for Family Independence

Comment deadline:

Effective date:

Comments for this rule have been closed.