Maine Statute | Act | Code |Title 22. Health And Welfare| US Code - US Statute

Title 22 - §3101. Investigation of system of public charities

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3101. Investigation of system of public charities

The Department of Health and Human Services shall investigate and inspect the whole system of public charities in the State which derive their support wholly or in part from state, county or municipal appropriations but not including any institution of a purely educational or industrial nature. [1975, c. 293, §4 (amd); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3102. Transfer of paupers and public assistance recipients between states

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3102. Transfer of paupers and public assistance recipients between states

The department shall have authority to enter into reciprocal agreements with corresponding agencies of other states, and to arrange with their local or county boards for the acceptance, transfer and support of persons going from one state to another and becoming public charges and to continue payments of public assistance until eligibility to receive assistance under a similar program has been established in the other state and the first payment from the other state has been received by such recipient. Such reciprocal agreements shall in no way commit the State to support persons who are not, in the opinion of the department, entitled to support under the laws of this State.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3103. Information upon request

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3103. Information upon request

The commissioner shall give to the Governor or to the Legislature or any committee thereof at any time upon their request information and advice with reference to any charitable or correctional institution about which he has information. The officers in charge of any institution of a charitable or correctional nature under the inspection of the department and local boards or committees having any powers or duties relative to the management of the same, and those who are in any way responsible for the administration of public funds used for the relief or maintenance of the poor, shall furnish to the department such information and statistics as may be demanded on such forms as the department may consider necessary to secure uniformity and accuracy in the statements. [1975, c. 771, § 223 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3104-A. Food assistance for legal aliens

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3104-A. Food assistance for legal aliens

1. Food assistance. The department shall provide food assistance to households that would be eligible for assistance under the federal Food Stamp Act of 1977, 7 United States Code, Section 2011, et seq., but for provisions of Sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. [1997, c. 731, §1 (new); §3 (aff).]

2. Amount of assistance. The total amount of food assistance provided under this section must equal the amount that the household would be eligible to receive under the federal Food Stamp Act of 1977, 7 United States Code, Sections 2014 and 2017, if the household were eligible for that program. [1997, c. 731, §1 (new); §3 (aff).]

3. Administration. The department shall provide assistance under this section to eligible households on a monthly basis through a system of direct mail of coupons or electronic benefit issuance. The department is authorized to negotiate with the United States Department of Agriculture to arrange for the purchase of federal food stamps or produce its own food coupons to be used by eligible households for transactions with vendors under this program. [1997, c. 731, §1 (new); §3 (aff).]

4. Repeal. [1999, c. 401, Pt. S, §2 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3104. Statewide food stamp program

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3104. Statewide food stamp program

1. Program required. The department shall:

A. Administer a statewide program in accordance with the related requirements and regulations of the United States Departments of Agriculture and Health, Education and Welfare; and [1977, c. 462 (new).]

B. Cooperate with and participate in the administration of food distribution programs in conformity with regulations promulgated by the United States Department of Agriculture. [1977, c. 462 (new).]

[1977, c. 462 (new).]

2. Costs. [1981, c. 703, Pt. A, §21 (rp).]

3. Authorization of emergency food stamp benefits prior to full verification. Whenever an applicant for food stamps states to the department that he is in need of immediate food assistance, the department shall, pending verification, issue and mail a card authorizing the applicant to purchase food stamps at the time of the department's initial interview with the applicant or within one working day of the interview, provided that all of the following conditions are met:

A. As a result of the initial interview with the applicant, the department shall have determined that the household of the applicant will probably be eligible for food stamps after full verification is completed; [1977, c. 462 (new).]

B. Where possible, the applicant shall submit to the department, at the time of the initial interview, the adequate documentation to verify that he is in need of immediate food assistance; [1977, c. 462 (new).]

C. When adequate documentation is not available at the time of the initial interview, the department shall contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about his need for immediate food assistance; and [1977, c. 462 (new).]

D. In no case:

(1) Shall the authorization to purchase food stamps under this section exceed 30 days from the date that the applicant receives the authorizing card; and

(2) Shall there be further food stamp issuance to the applicant's household until full verification has been obtained which confirms the eligibility of the household.
[1977, c. 462 (new).]

[1977, c. 462 (new).]

4. Mail issuance of coupons. The department shall institute a system of mail issuance of food stamp allotments through a direct coupon mailing system as authorized by and in conformity with regulations promulgated by the United States Department of Agriculture. In those areas of the State where the department can document evidence of significant diminution of client demand or of loss of significant numbers of coupons, the department may, after notice and hearing, establish an alternative system of food stamp issuance. [1979, c. 386 (new).]

5. Outreach. It is the intent of the Legislature that the department fully carry out all outreach activities established by federal regulation to encourage the participation of all eligible households. In carrying out its outreach activities, the department shall insure that all applicants and recipients are informed of their right to have the requirement for a face-to-face interview waived as provided by federal regulations. [1979, c. 386 (new).]

6. Bilingual requirements. The department shall print and distribute brochures or pamphlets concerning the food stamp program in other languages as it deems necessary. The department shall prepare public service announcements in French for distribution to appropriate newspapers and radio and television stations. [1979, c. 386 (new).]

7. Verification of information. The department shall establish and implement uniform verification procedures that will be applied to all applicants and recipients. [1979, c. 386 (new).]

8. Certification periods. Households shall be certified for a 6-month period unless there is a likelihood of change in income or household status. Households consisting of elderly or disabled persons with stable incomes shall be certified for 12 months. [1979, c. 386 (new).]

9. Information on notice to recipients. All notices of denial, reduction of benefits, termination of benefits, fraud claims, nonfraud claims or other actions shall contain information on the appeal procedure, and the availability of free legal representation in the geographic area and shall include, at a minimum, the address and telephone number for these services. [1979, c. 386 (new).]

10. Supplemental monthly issuance. Whenever a household receiving food stamps informs the department of a change in circumstances that will result in an increase in its food stamp allotment, the department shall issue a supplemental food stamp allotment to that household for the month in which the change is reported. The supplemental allotment must represent the difference between the amount for which the household was originally certified in that month and the amount for which it is actually eligible as a result of its reported change in circumstances. The department shall mail that supplemental allotment within 5 working days of the date that the change in circumstances was reported. [RR 1993, c. 2, §14 (cor).]

11. Food stamp overpayment recovery. Any money recovered by the department as a result of the overpayment of food stamps must be deposited to the General Fund, including any money up to a maximum of $81,475 recovered prior to the effective date of this subsection. [1991, c. 9, Pt. K, §1 (new).]

12. Penalty. The unauthorized issuance, redemption, use, transfer, acquisition, alteration or possession of coupons or other program access device may subject an individual, partnership, corporation or other legal entity to prosecution by the State in accordance with Sections 15 (b) and 15 (c) of the federal Food Stamp Act of 1977. Penalties are in accordance with those outlined in federal law or regulations. [1995, c. 418, Pt. A, §4 (new).]

13. Categorical eligibility. The department shall adopt rules that maximize access to the food stamp program for households in which there is a child who would be a dependent child under the Temporary Assistance for Needy Families program but that do not receive a monthly cash assistance grant from the Temporary Assistance for Needy Families program. Under rules adopted pursuant to this subsection, certain of these families must be authorized to receive referral services provided through the Temporary Assistance to Needy Families block grant and be categorically eligible for food stamps in accordance with federal law. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1999, c. 637, §1 (new).]

14. Prohibition against denial of assistance based on drug conviction. A person who is otherwise eligible to receive food assistance under the federal Food Stamp Act of 1977, 7 United States Code, Sections 2011 to 2036 may not be denied assistance because the person has been convicted of a drug-related felony as described in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, Section 115, 110 Stat. 2105. [2001, c. 598, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3105. Vocational rehabilitation (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3105. Vocational rehabilitation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3106. Telephone subsidies

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3106. Telephone subsidies

The department may participate in the determination of eligibility for various subsidies of telephone costs for low-income people as established by the Public Utilities Commission pursuant to Title 35-A, section 7101. [1987, c. 856, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3107. Women, Infants and Children Special Supplemental Food Program vendor penalties

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3107. Women, Infants and Children Special Supplemental Food Program vendor penalties

The department may assess a penalty against a vendor under the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966 who the department determines, after an opportunity for a hearing in accordance with Title 5, chapter 375, subchapter IV, has violated the rules of the department that apply to that program. The amount of the penalty may not exceed the amount that may be assessed against a vendor under the food stamp program pursuant to 7 Code of Federal Regulations, Section 278.6(f) and (g). [1989, c. 777 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3108. Standard utility allowance

Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1: ADMINISTRATION
Chapter 851: GENERAL PROVISIONS

§3108. Standard utility allowance

When the department becomes aware of any decisions made by a public entity or an entity operating a publicly subsidized assistance program that adversely impacts eligibility for, or the amount of assistance to, households receiving assistance under the food stamp program pursuant to section 3104, the department shall work in cooperation with that entity to achieve a resolution that minimizes the adverse impact on households receiving food stamp assistance. [1995, c. 629, §1 (new).]

1. Examination of options. When federal law governing either the food stamp program or the Low-Income Home Energy Assistance Program is amended to eliminate the eligibility link whereby the food stamp standard utility allowance is automatically available to households receiving low-income home energy assistance benefits, the department shall immediately:

A. Examine and, if feasible, seek a waiver or grant of demonstration authority from the federal Department of Agriculture to continue to use the food stamp standard utility allowance in determining the amount of food stamp benefits available to households that previously qualified for that allowance solely by reason of receipt of low-income home energy assistance benefits; [1995, c. 629, §1 (new).]

B. Determine, in cooperation with all appropriate entities operating publicly subsidized housing programs, a method of providing individualized bills or appropriate documentation for tenants in subsidized housing that would identify the tenants' shares of incurred heating costs, if doing so would qualify these tenants for the food stamp standard utility allowance; [1995, c. 629, §1 (new).]

C. Determine if federal law would permit the use of the standard utility allowance by households that previously qualified for that allowance solely on the basis of receipt of low-income home energy assistance benefits and implement that section of law if doing so would not result in any increase in the households' rent and energy costs or any reduction in food stamp allotments to either those households or any other households receiving food stamp assistance; and [1995, c. 629, §1 (new).]

D. If none of the alternatives listed in paragraphs A to C result in making the food stamp standard utility allowance available to households that had received it before the change in federal law, immediately estimate the General Fund cost of providing allotments to affected households in an amount equal to the amount they would have received had the federal law not been amended, and promptly provide that information to the joint standing committee of the Legislature having jurisdiction over human resources matters. [1995, c. 629, §1 (new).]

[1995, c. 629, §1 (new).]

2. Notice. The department shall provide prompt written notice to households affected by any change in federal law related to the eligibility link between the food stamp program and the Low-Income Energy Assistance Program, or by any waiver received pursuant to this section, of the steps that households may take to gain eligibility for the food stamp standard utility allowance. [1995, c. 629, §1 (new).]

3. Waiver. The department shall immediately seek a waiver or demonstration authority to operate a demonstration project from the federal Department of Agriculture that would make the food stamp standard utility allowance available to households that incur a heating or cooling cost separate from their rent or mortgage, even if those bills are not based on actual usage as determined by individualized metering. [1995, c. 629, §1 (new).]

4. Revised waiver application. When federal approval for the waiver or demonstration authority described in this section is not granted, the department may submit a revised waiver request to accomplish the objectives of this section as fully as possible. [1995, c. 629, §1 (new).]

5. Limitation. This section must be implemented within the limits of the department's existing General Fund resources. [1995, c. 629, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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