10-144-333 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 144-333-2 - APPLICATION PROCESS

An application for DEL coverage is made by signing the Agency's application form for DEL or MaineCare. The individual or anyone acting on the individual's behalf may sign the application form. The applicant may choose anyone to help in completing the form.

The date of application is the date the signed and dated application form is received in any regional office of the Department of Health and Human Services.

All signed applications will be acknowledged in writing. A written decision of eligibility will be sent to the applicant.

Coverage starts the first day of the month of application or the first day of the month an individual meets program requirements, whichever is later.

A reapplication is any signed application form received after the Adverse Action Notice Period. This includes review forms returned after that period.

All applicants or reapplicants will be given information in writing, or verbally if appropriate, about the following:

I. services covered under DEL;
II. the individual's rights, including hearings; and
III. responsibilities of recipients, including reporting changes.

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. They do not need to file a separate application for DEL.

Secion 2.1Assets

Effective January 1, 2024 there is no asset test.

Secion 2.2Income

Gross non-excluded income of the applicant and spouse is used to determine eligibility. SSI - Related eligibility criteria is used to determine what is income and what are income exclusions. Income exclusions include the exclusions defined in the SSI - Related deeming process.

Gross monthly income must be equal to or less than 185% of the Federal Poverty Level.

If the assistance unit spends at least 40% of its gross monthly income on prescription drugs, the monthly income limit is increased by 25%.

10-144 C.M.R. ch. 333, § 2