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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 855-C. BENEFITS (HEADING. PL 1973, c. 790, @3 (new))
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Title 22 - §3271. Program
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE (HEADING: PL 1973, c. 790, @3 (new))
Chapter 855-C: BENEFITS (HEADING: PL 1973, c. 790, @3 (new))
§3271. Program
1. A program of regular monthly state supplemental income for blind, disabled and elderly people shall be provided for residents
of the State of Maine. Benefits under the state supplemental income program shall be based on need and provided in supplementation
of benefits provided by the United State Government to aged, blind and disabled individuals pursuant to Title XVI of the United
States Social Security Act, as amended. Benefits shall be provided to any person who, on account of blindness, disability
or age, qualify for supplemental security income provided pursuant to Title XVI of the United States Social Security Act,
as amended, and may, based on need, be provided to individuals who would, but for their income, be eligible for such supplemental
security income benefits.
[1973, c. 790, § 3 (new).]
2. The department, to the extent allowed by Title XVI of the United States Social Security Act, as amended, and regulations
promulgated thereunder, shall establish, with the advice of the Maine Committee on Aging and the Maine Human Services Council,
standard levels of state supplemental income benefits for blind, disabled and elderly people. The benefits shall be provided
under a modified flat benefit system, and may vary by marital status, and by living arrangements to the extent allowed by
Title XVI of the United States Social Security Act, as amended, and regulations promulgated thereunder. The benefits shall
not be based on individual budgeted need and shall not vary by category or geographical area. Benefits for a couple, except
as provided under section 3273, subsection 1, paragraph B, shall be equal to the sum of the amount of benefit for an individual
and 50% of the benefit for an individual.
[1973, c. 790, § 3 (new).]
3. The department may also require, as a condition of eligibility, that any applicant for benefits or beneficiary under this
Part must apply for any income supplementation that may be available under any other federal or state programs operated pursuant
to the provisions of the Social Security Act, if it reasonably appears that such applicant or beneficiary is likely to be
eligible for income supplementation under such other programs.
[1973, c. 790, § 3 (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 - §3272. Standard
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE (HEADING: PL 1973, c. 790, @3 (new))
Chapter 855-C: BENEFITS (HEADING: PL 1973, c. 790, @3 (new))
§3272. Standard
1. Standard. The standard utilized to determine need shall be the current annual budget at the lower level of living for a retired couple
as most recently determined by the United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine, or
budgets which are consistent with such a budget at the lower level of living, taking into account budget variances by marital
status and living arrangements permited pursuant to Title XVI and regulations promulgated thereunder.
[1973, c. 790, § 3 (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 - §3273. Types of benefits
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE (HEADING: PL 1973, c. 790, @3 (new))
Chapter 855-C: BENEFITS (HEADING: PL 1973, c. 790, @3 (new))
§3273. Types of benefits
1. Combined benefits. The department shall take action, as necessary, to assure that, within the limits of available funds, a state supplemental
income benefit, when combined with a federal supplemental security income benefit, shall consist of such amounts that the
sum shall:
A. Increase the minimum monthly federal payment standard, in addition to that established pursuant to federal law, by an amount
of at least $8 per month for an individual and $12 per month for a couple;
[1973, c. 790, §3 (new).]
B. For an individual who resides in an adult foster home or boarding home, having a contract with the department for the provision
of services to eligible residents, or nursing home, as defined in section 1812-A, in addition to the benefits provided herein
under paragraphs A and C, provide sufficient income to allow the individual for personal needs an amount equal to at least
$30 a month, plus an amount sufficient to meet the monthly per resident payment rate as established by the department of the
adult foster home or boarding home in which the individual resides; and
[1985, c. 770, §3 (amd).]
C. For a beneficiary who resides in a living arrangement which meets a living arrangement classification established by the
department, but who does not reside in an adult foster home or boarding home, in addition to the minimum federal payment level
as adjusted pursuant to paragraph A, provide, based on such living arrangement classification, an amount not to exceed $42
per month for an individual and $63 per month for a couple.
[1973, c. 790, §3 (new).]
[1985, c. 770, §3 (amd).]
2. Participation limited.
A. The limitation on eligibility of certain individuals established in subsections (e)(i)(A) and (e)(i)(B) of section 1611
of Title XVI of the United States Social Security Act, as amended, shall apply to benefits provided pursuant to this section.
[1979, c. 563, §2 (amd).]
B.
[P&SL 1975, c. 90, §S, §1 (rp).]
[1979, c. 563, §2 (amd).]
3. Payments for boarding home care
A. If an agreement cannot include payment levels and variations thereof to provide the individual sufficient income to meet
the monthly per resident payment rate for boarding home care, the department shall take any and all reasonable action necessary
to the goal of achieving, within a reasonable time, a payment structure for each boarding home that will permit execution
of an agreement with the secretary for administration of all state supplemental income benefits.
[1973, c. 790, §3 (new).]
B. In the unfortunate and unlikely event that such an agreement cannot be effected to provide the individual sufficient income
as specified in subsection 1, paragraph B, the department may provide a special grant whenever the benefit pursuant to subsection
1, paragraph B, is insufficient to meet the rate set for a boarding home. The department shall make such special grant preferably
via a vendor payment system or via payment to a payee designated by the individual, or if necessary, via payment to the individual.
Noting the intent of Title XVI of the United States Social Security Act, as amended, the administrative efficiencies, and
the substantial cost savings to Maine taxpayers, it is the intent of the Legislature that the department shall take any and
all reasonable action to obtain the approval of the secretary for a system of vendor payments for such special grants.
[RR 1991, c. 1, §30 (cor).]
[RR 1991, c. 1, §30 (cor).]
4. Appropriations available for benefits provided in subsection 1 shall be budgeted and authorized for expenditure by the department
in a priority sequence. First, the available appropriation shall be budgeted and expended to increase the minimum monthly
federal payment, as specified in subsection 1, paragraph A. Second, any balance of the appropriation remaining after such
budgeting, shall be budgeted and expended to provide an individual sufficient income for personal needs, in accordance with
subsection 1, paragraph B, and to meet the monthly per resident payment rate for adult foster and boarding home care as provided
in subsection 1, paragraph B and subsection 3. Finally, any balance of the appropriations remaining after such budgeting shall
be budgeted and expended to provide benefits related to variations by living arrangements as provided in subsection 1, paragraph
C.
[1979, c. 563, §3 (amd).]
5. Retroactive payments relating to benefits provided in subsection 1, paragraph B, and subsection 3 shall not be made for
any care provided prior to April 1, 1974. Retroactive payments relating to benefits provided in subsection 1, paragraphs A
and C, shall not be provided for any period of time prior to July 1, 1974.
[1973, c. 790, §3 (new).]
6. Future changes in types of benefits.
A. It is the declared intent of this Act that, if it is proposed that benefits provided pursuant to subsection 1 are to be
increased on any future date, that such proposal shall recommend, and implementation of such increases shall provide, that
the benefits pursuant to subsection 1, paragraph A, shall be increased, and the benefits pursuant to subsection 1, paragraph
B, shall be increased, rather than increasing benefits pursuant to subsection 1, paragraph C.
[1973, c. 790, §3 (new).]
B.
[T. 22, §3273, sub-§6, paragraph B (rp).]
B-1. On July 1st of every year, the sum of the monthly amount of any state supplemental income benefit authorized by subsection
1, paragraphs A and C, plus the amount of the minimum monthly federal supplemental security income in effect at that time
must be increased by a percentage amount equal to the percentage rise in the United States Consumer Price Index for April
1st of that year over the level of the Index for April 1st of the previous year plus any additional percentage amount as is
recommended annually by the department. Such an increase may be made only insofar as appropriations are available. In determining
the additional percentage amount, consideration must be given to the goal of reaching, within a reasonable time, a benefit
level equal to or consistent with the current budget at the lower level of living for a retired couple established by the
United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine.
If, on April 1st of any year, the sum of the monthly amount of any state supplemental payment authorized by subsection 1,
paragraphs A and C, plus the amount of the minimum monthly federal supplemental security income in effect at that time, is
equal to or exceeds the amount resulting from 12 divided into the current annual budget at the lower level of living for a
retired couple as most recently established by the United States Department of Labor, Bureau of Labor Statistics, for Portland,
Maine, or taking into account variances by marital status and living arrangements as established by the department, a budget
that is not inconsistent with that annual budget divided by 12, the increase provided on July 1st next following is limited
to the percentage rise in the Consumer Price Index.
This paragraph takes effect July 1, 1993.
[1991, c. 528, Pt. E, §25 (new); Pt. RRR (aff); c. 591, Pt. E, §25 (new).]
[1991, c. 528, Pt. E, §§24, 25 (amd); Pt. RRR (aff); c. 591, Pt. E, §§24, 25 (amd).]
7. Balances of funds not to lapse. Any balances of funds appropriated for the program of state supplemental income benefits authorized under sections 3271 and
3274 shall not lapse but shall be carried forward from year to year to be expended for the same purpose.
[1977, c. 712, Part F, §3 (new).]
8. Rulemaking. In addition to any other rule-making authority granted under this chapter, the department may adopt emergency rules. The
need to reduce benefits to eligible recipients and payments to boarding homes via vendor payments in accordance with the appropriations
made available for this purpose is considered an emergency for the purpose of emergency rulemaking.
[1991, c. 622, Pt. M, §12 (new).]
9. Supplemental security income for legal immigrants. Supplemental security income for legal immigrants is governed by the following.
A. The department shall provide assistance to all aliens lawfully residing in the United States who would be eligible for assistance
under the federal supplemental security income program, 42 United States Code, Section 1381, et seq. except for the provisions
of Sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
[1997, c. 643, Pt. WW, §1 (new).]
B. The total amount of monthly assistance provided under this section must equal the amount that the individual would be eligible
to receive under the federal supplemental security income program, 42 United States Code, Section 1382, or its successor,
if the individual were eligible for that program, and the state supplemental income payment provided to eligible individuals
under section 3274.
[1997, c. 643, Pt. WW, §1 (new).]
[1997, c. 643, Pt. WW, §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 - §3274-A. Personal needs of nursing home residents
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE (HEADING: PL 1973, c. 790, @3 (new))
Chapter 855-C: BENEFITS (HEADING: PL 1973, c. 790, @3 (new))
§3274-A. Personal needs of nursing home residents
In administering this chapter, the department shall ensure that eligible individuals residing in nursing homes, as defined
in section 1812-A, shall have at least $30 a month for personal needs.
[1979, c. 563, § 4 (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 - §3274. Mandatory payments
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE (HEADING: PL 1973, c. 790, @3 (new))
Chapter 855-C: BENEFITS (HEADING: PL 1973, c. 790, @3 (new))
§3274. Mandatory payments
1. Amount of payment. The department shall provide so-called "mandatory" state supplemental income payments to beneficiaries of the supplemental
security income program who receive payments under the state's former aid to the aged, blind and disabled program based on
eligibility established for the month of December, 1973.
A so-called "mandatory" state supplemental income benefit, when combined with a federal supplemental security income benefit,
shall, to the extent required by federal law to qualify the State of Maine to receive federal matching funds for medical care
pursuant to Title XIX of the United States Social Security Act, as amended, and in so far as funds are available, be at least
equal to and in no event less than the level of payment to such a recipient effective for December, 1973, under the former
state aid to the aged, blind and disabled program, based on eligibility for December, 1973, in accordance with standards of
payment applicable to such aid.
[1973, c. 790, § 3 (new).]
2. Administration. Insofar as an agreement made pursuant to section 3261 pertains to so-called "mandatory" payments, it shall provide that the
department enter into an agreement with the secretary under which the secretary, through the Social Security Administration,
on behalf of the State of Maine, shall administer, effective with payments issued on January 1, 1974 and thereafter the program
of so-called "mandatory" state supplemental income benefits authorized in subsection 1.
[1973, c. 790, § 3 (new).]
3. Applying for benefits. Persons who receive payments under the state's former aid to aged, blind and disabled Program based on eligibility established
for the month of December, 1973, shall, if eligible, receive benefits provided pursuant to this Part and for medical care
benefits provided by the State of Maine pursuant to Title XIX of the United States Social Security Act, as amended, without
filing an application for supplemental security income with the Social Security Administration.
[1973, c. 790, § 3 (new).]
4. Inconsistent provisions. The provisions of sections 3271, 3272 and 3273 do not apply to so-called "mandatory" payments. If any provision of these
sections is inconsistent with this section, this section, as it relates to mandatory payments, shall prevail.
[1973, c. 790, § 3 (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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