Notice of Agency Rule-making Adoption: 10-144 C.M.R. Ch. 101, MaineCare Benefits Manual, Chapter VII, Section 5, Estate Recovery

This adopted rule implements P.L. 2021, ch. 398, Part A, §A-1, pg. 99 to modify MaineCare estate recovery rules to conform with the minimum mandatory federal requirements, which are set forth in 42 U.S.C. 1396p(b). These rule changes were originally implemented via an emergency rule, effective November 24, 2021; routine technical emergency rules are effective for 90 days. This final adopted rule permanently changes the Department's estate recovery claim so that it is limited to the amount paid by MaineCare for all nursing facility services, home and community-based services, and related hospital and prescription drug services paid on behalf of the Member. The effective date of this change is November 24, 2021, since that is when the emergency rule was implemented.

 Additionally, this adopted rule clarifies the definition of life estate, including how life estates are valued.

 Finally, this adopted rule removes language regarding CMS's pending approval of changes that are approved and includes minor typographical corrections.

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