Rules adopted under this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A and apply only to transactions occurring on or after July 1, 2005.

Sec. DDD-16. Determination of long-term care insurance and eligibility for MaineCare. The Department of Health and Human Services shall adopt rules regarding eligibility for MaineCare benefits that, contingent upon federal Medicaid participation, allow the transfers of assets in exchange for the purchase of long-term care insurance. With regard to an asset that was transferred within 36 months of an application for MaineCare, or within 60 months in the case of a transfer to a qualifying Medicaid trust, the rule must deem that asset to be transferred for fair market value or for a purpose other than to qualify for MaineCare if, in exchange for the transfer, the transferee purchased a policy of long-term care insurance approved by the Superintendent of Insurance within the Department of Professional and Financial Regulation that was sufficient, alone or in combination with private resources, to provide fully for the care of the transferor at the nursing facility level for at least 36 months without resort to MaineCare coverage. Nothing in this section or in rules adopted pursuant to this section precludes recovery of MaineCare benefits incorrectly paid or 3rd-party liability claims by the department. The provisions of this section do not enlarge or otherwise modify medical assistance benefits under the MaineCare program. The Superintendent of Insurance shall adopt rules regarding approved policies for long-term care insurance for the purposes of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2- A.

Sec. DDD-17. Application. The following sections of this Part apply to Probate Court proceedings occurring after July 1, 2005: the section that amends the Maine Revised Statutes, Title 18-A, section 3-306; amends Title 18-A, section 3-310; amends Title 18- A, section 3-403, subsection (a); amends Title 18-A, section 5- 408, subsection (6); amends Title 18-A, section 5-409, subsection (b); enacts Title 18-A, section 5-409, subsection (d); amends Title 18-A, section 5-425, subsection (b); and enacts Title 18-A, section 5-425, subsection (b-1). That section of this Part that amends Title 22, section 14, subsection 2-I applies to assets received by the MaineCare recipient's spouse or child on or after July 1, 2005.