1. The brochure must describe the estate recovery program and include the criteria for a hardship waiver, answers to frequently asked questions and a toll-free telephone number for further information.

2. The department shall provide the brochure to all new MaineCare applicants 50 years of age or older, responsible parties for applicants 50 years of age or older at the time of application for benefits or renewal of benefits and to all personal representatives of deceased persons whom the department determines may be subject to the estate recovery provisions.

3. The department shall make the brochure available to the general public, to the area agencies on aging and to the Probate Courts and shall post the brochure on its Internet website.

4. Failure of the department to provide the brochure as described in this section does not invalidate any claim that the department may have under Title 22, section 14.

Sec. DDD-12. Rules regarding rate of income production in MaineCare. The Department of Health and Human Services shall adopt rules governing MaineCare eligibility that provide that income- producing property owned by a MaineCare recipient is considered a countable asset unless the property produces an annual rate of return that equals or exceeds the average annual rate of return available from banking or savings institutions within the State for deposits of similar value in readily available government- insured instruments.

1. The department shall annually survey banking and savings institutions and establish the average rate of return.

2. The rules may not count property as a resource if:

A. The property cannot be used due to circumstances reasonably beyond the control of the individual;

B. The owner is making good faith efforts to sell the property at a reasonable price; or

C. The property cannot be used due to the inability of the individual to use the property for up to 24 months.

Rules adopted under this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375,