(3)__If program expenditures are reasonably anticipated by the commissioner to fall below the program budget, the commissioner shall raise the maximum eligibility level set in paragraph A to the extent necessary to provide coverage to as many persons as possible within the fiscal constraints of the program budget.

(4) The commissioner shall give at least 30 days' notice of the proposed change in maximum eligibility level to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters.

C.__Subject to the other requirements in this subsection, a person who is resident in the State is eligible for the program unless that person:

(1)__Is eligible for coverage under the MaineCare program;

(2)__Is covered under a group health insurance plan or under health insurance, as defined in Section 2791 of the federal Public Health Service Act, 42 United States Code, Section 300gg(c) (Supp. 1997); or

(3)__Is eligible under Title 5, section 285 for health coverage under the state employee health insurance program as an individual or as a member of a family.

D.__Notwithstanding changes in the maximum eligibility level determined under paragraphs A and B, the following requirements apply to enrollment and eligibility:

(1)__A program participant must be enrolled for a 12- month enrollment period. Prior to the end of each 12- month enrollment period the department shall redetermine eligibility for continuing coverage; and

(2) Persons of higher family income may not be covered unless persons of lower family income are also covered.__This subparagraph may not be applied to disqualify a person during the 12-month enrollment period.__A person of higher family income may be disqualified at the end of the 12-month enrollment