Section 197-11-10 - METHOD FOR REVIEWING REQUESTS FOR WAIVERS OF CONSUMER PAYMENT (MAJOR SUBSTANTIVE RULE)(A) consumer's requesting waivers may be asked to provide verification of any income, liquid assets and expenses for housing, transportation, unreimbursed medical expenses, food, clothing, laundry and insurance.(B)consumer's may request a waiver from the authorized agency of all or part of the assessed payment. (1) The request must be submitted in writing: (a) within ten (10) days of the date of notification of the assessed consumer payment, or(b) within ten (10) days of the date of their last functional reassessment.(2) Requests for waiver must be on a form approved by the Department of Health and Human Services.(3) The authorized agency will act on the request and inform the consumer of its decision in writing within twenty (20) days of receipt of the request.(4) If the authorized agency needs additional information, in order to determine whether the waiver can be granted, the authorized agency will promptly notify the consumer. The consumer must submit the additional information within ten (10) days. In such cases the agency will issue its decision within ten (10) days of receipt of the additional information.(C)A consumer who is otherwise eligible may receive services while awaiting the agency's decision on the request for waiver. The agency will hold the consumer payment in abeyance pending a decision on the request, or the completion of the appeals process, whichever is later.(D) The agency will inform the consumer in writing if the request for a waiver is approved or denied. If denied, the agency's notice must include information on appeal rights.(E)If the waiver is denied, the consumer payment, including payments held in abeyance, is due within thirty (30) days of the date of the decision, or services will be terminated.(F)When allowable expenses plus the consumer payment exceed the sum of monthly income plus the Monthly Contribution From Liquid Assets, the agency will waive the portion of the payment that causes expenses to exceed income.(G) consumer's who have applied for a full or partial waiver of the assessed payment and been denied may reapply only if one of the following conditions exists and is expected to continue until the next regularly scheduled financial assessment: (1) the consumer has at least a 20% decrease in monthly income or liquid assets.(2) has an increase in expenses which results in the sum of the allowable expenses plus the consumer payment exceeding monthly income plus the Monthly Contribution From Liquid Assets.(H) Expenses. Expenses will be reduced by the value of any benefit received from any source that pays some or all of the expense. Examples include but are not limited to, Medicare, MaineCare, Food Stamps, Elderly Low Cost Drug and Property Tax and Rent Refund. Business expenses that exceed business income are not allowable. Allowable expenses include actual monthly costs of all household members for:(1) housing expenses which include and are limited to rent, mortgage payments, property taxes, home insurance, heating, water and sewer, snow and trash removal, lawn mowing, utilities and necessary repairs;(2) food, clothing and laundry not to exceed; | Number in Household | 1 | 2 | 3 | 4 | 5 & up |
| Amount | $208 | $325 | $435 | $544 | $654 |
(3) transportation expenses which include and are limited to ferry or boat fees, car payments, car insurance, gas, repairs, bus, car and taxi fare;(4) unreimbursed medical expenses including but not necessarily limited to health insurance; prescription or physician ordered drugs equipment and supplies; and doctor, dentist and hospital bills;(7)limited discretionary expenses. The following chart shows maximum allowable discretionary expenses by household size. Amounts in excess of the monthly allowance may not be claimed.
| Number in Household | 1 | 2 | 3 | 4 | 5 & up |
| Amount | $55 | $79 | $103 | $133 | $157 |
14- 197 C.M.R. ch. 11, § 10