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The adopted rule effectuates halting the collection of SNAP overpayments that resulted from errors originating from March 1, 2020 through May 11, 2023, the end of the Federal Public Health Emergency related to CoViD-19 (the PHE), unless they were the result of an Intentional Program Violation (IPV) on the part of the household. The ongoing ramifications of the PHE dictate that Department staff focus their efforts on issuing the correct benefits going forward rather than devote time and effort to recouping benefits that were inadvertantly over paid during the PHE. The adopted rule change allows Maine’s Overpayment Unit and Eligibility Staff to operate more effectively and efficiently. Maine residents are positively impacted as Eligibility Specialists will have more time to process applications, recertifications and reported changes.
OFI resources were strained during the PHE due to implementation of Pandemic EBT, online purchasing, and Maximum Emergency Allotments. Emergency allotments require many manual supplements that are both error prone and time consuming. Benefits offered by other state agencies including increased unemployment benefits added to the probability of increased errors. Maine was approved for waivers of interview at application and recertification and implemented telephonic signatures for the first time. Maine extended certification periods and delayed periodic reports for some months. All of these rapid paced changes allowed OFI to serve the residents of Maine more effectively and efficiently. The swift and drastic nature of these changes and changes to other programs led to pandemic caused SNAP benefit errors.
Maine’s SNAP caseload jumped 7%, from 89,398 households and 165,097 individuals on SNAP in February 2020 to 95,494 and 176,094 respectively in April 2020. The increase in applications, new programs and the myriad of fast paced changes for OFI and Maine residents were the root causes of pandemic payment errors. It is in the best interest of applicants and recipients to waive pandemic related claims that are not the result of an IPV. The approved waiver improves the effective and efficient administration of SNAP and does not further harm Maine residents during a period of economic healing and restoration.
Additional changes are part of an ongoing effort to modernize the chapter and improve its readability. This section has been reorganized to better match the flow of the process of determining, collecting and closing overpayments. Wording has been updated to provide a universal description of rights and requirements rather than instructions for Department staff. “Food Supplement” and related abbreviations have been updated to “Supplemental Nutrition Assistance Program” or “SNAP”. Redundancies have been removed.
The adopted rule effectuates halting the collection of overpayments that resulted in error during the PHE, unless the overpayment was the result of an Intentional Program Violation (IPV) on the part of the household. This rule applies to collection activities retroactive to April 1, 2022 on going. Retroactive rulemaking is permissable under 22 M.R.S. § 42(8) as these changes afford this benefit to more residents of the State of Maine and do not adversely impact applicants, participants, beneficiaries, or providers.
This rule will not have an adverse impact on municipalities or small businesses.
Statutory Authority: 22 M.R.S. §§ 42(1) and (8); 3104
Adopted
Office: Office for Family Independence
Routine technical
Email: Michael.E.Downs@maine.gov
Comment deadline:
Effective date:
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