An Act To Reduce Child Poverty by Leveraging Investments so Families Can Thrive
Sec. 1. 22 MRSA §3109 is enacted to read:
§ 3109. Promoting accountable public programs that reduce poverty, alleviate hardship and increase sustainable employment for low-income families with children
The department shall implement a system of accountability to measure access to and the performance of certain programs administered by the department under this Subtitle to ensure that those programs are working effectively to improve the health and well-being of program participants. The department shall establish improvement targets each year to ensure that the programs are being accessed by and improving the lives of as many eligible families and individuals as possible.
(1) The number and percentage of families with no quarterly earnings from unsubsidized employment:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
(2) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 50% but below 100% of the federal poverty level:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
(3) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 100% but below 150% of the federal poverty level:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
(4) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 150% but below 200% of the federal poverty level:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
(5) The number and percentage of families with quarterly earnings from unsubsidized employment that are at least 200% of the federal poverty level:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
(6) The mean and median income of families with no quarterly earnings from unsubsidized employment:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated; and
(7) The number and percentage of families receiving income from the federal supplemental security income program or federal social security disability benefits:
(a) At the time participation in the program was terminated;
(b) During the 2nd quarter after participation in the program was terminated; and
(c) During the 4th quarter after participation in the program was terminated;
Sec. 2. 22 MRSA §3174-G, as amended by IB 2017, c. 1, Pt. A, §§1 to 3, is further amended to read:
§ 3174-G. Medicaid coverage of certain elderly and disabled individuals, children and pregnant women; transitional Medicaid
(2) If the commissioner reasonably anticipates the cost of the program to exceed the budget of the population described in this paragraph, the commissioner shall lower the maximum eligibility level to the extent necessary to provide coverage to as many persons as possible within the program budget.
(3) 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;
(1) A woman during her pregnancy and up to 60 days following delivery; or
(2) A child under 21 years of age; and
Cost sharing, including copayments, for coverage established under this paragraph may not exceed the maximum allowable amounts authorized under section 3173-C, subsection 7.
No later than 90 days after the effective date of this paragraph, the department shall submit a state plan amendment to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services ensuring MaineCare eligibility for people under 65 years of age who qualify for medical assistance pursuant to 42 United States Code, Section 1396a(a)(10)(A)(i)(VIII).
The department shall adopt rules, including emergency rules pursuant to Title 5, section 8054 if necessary, to implement this paragraph in a timely manner to ensure that the persons described in this paragraph are enrolled for and eligible to receive services no later than 180 days after the effective date of this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
For the purposes of this subsection, the "nonfarm income official poverty line" is that applicable to a family of the size involved, as defined by the federal Department of Health and Human Services and updated annually in the Federal Register under authority of 42 United States Code, Section 9902(2). For purposes of this subsection, "program budget" means the amounts available from both federal and state sources to provide federally approved Medicaid services.
Sec. 3. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2017, c. 256, §1; c. 284, Pt. NNNNNNN, §10; c. 290, §1; and c. 412, §2, is further amended to read:
(1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations;
(2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is:
(a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010);
(b) A victim of domestic violence;
(c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; or
(d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A;
(3) To provide benefits to 2-parent families with children using the same eligibility requirements as apply to families headed by a single custodial parent or caretaker relative;
(4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full-time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph;
(5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that she has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of her child is not more than 90 days following the date the benefit is received;
(6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 50% of their monthly income. The special housing allowance is limited to $300 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment;
(7) In determining benefit levels for TANF recipients who have earnings from employment, the department shall disregard from monthly earnings the following:
(a) One hundred and eight dollars;
(b) Fifty percent of the remaining earnings that are less than the federal poverty level; and
(c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs;
(7-A) In determining eligibility and benefit levels, the department may apply a gross income test only to applicants and not to recipients;
(7-C) In determining financial eligibility and benefit levels for TANF applicants and TANF recipients, the department shall deduct the income less any applicable income disregards from the standard of need and may not apply any other income test;
(8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower;
(9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5, paragraph B. The benefit amount must be paid as provided in this subparagraph.
(a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient.
(b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient.
(c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient;
(10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and
(11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 22 MRSA §3762, sub-§8, ¶A, as amended by PL 1999, c. 731, Pt. OO, §2, is repealed.
Sec. 5. 22 MRSA §3769-B, as amended by PL 1999, c. 401, Pt. S, §4, is repealed.
Sec. 6. 22 MRSA §3790, sub-§§3-A and 3-B are enacted to read:
Sec. 7. Working group to improve performance of Department of Health and Human Services programs and systems to alleviate poverty, food insecurity and hardship. The Commissioner of Health and Human Services or the commissioner's designee shall convene a working group to review and make recommendations to improve the operations of systems and programs administered by the Department of Health and Human Services providing services to persons in need. The commissioner or the commissioner's designee shall convene the first meeting of the working group no later than November 1, 2019.
1. Members. The working group consists of at least 12 members, in addition to department staff as the commissioner determines appropriate, including persons that now receive or previously received assistance from department core safety net programs; members of advocacy organizations with expertise in policy or legal matters related to programs administered by the department; providers of health care or social services serving persons receiving assistance from the department; and persons with technological expertise who could assist with recommendations related to creating efficiencies in program enrollment, recertification and improved program integration. The working group may create subgroups to work on specific issues or initiatives and may include persons who are not working group members.
2. Duties. In developing its recommendations under this section, the working group shall:
3. Report. No later than February 15, 2020, the Commissioner of Health and Human Services shall submit a report including the recommendations developed pursuant to this section, including any suggested legislation, to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services.
Sec. 8. Funding. Any additional costs to the State resulting from the implementation of this Act must be paid from funds provided to the Department of Health and Human Services under the Temporary Assistance for Needy Families block grant available under Title IV-A of the United States Social Security Act or from resources representing the State's maintenance of effort in order to qualify for federal funds and may not result in an additional net cost to the General Fund.
summary
This bill makes the following changes, which are intended to reduce child poverty, increase food security and create stronger bridges to employment for families with children.
1. It requires the Department of Health and Human Services to collect data to measure access to and the performance of certain programs administered by the Department of Health and Human Services and establish improvement targets on an annual basis to monitor year-to-year improvements related to program accessibility and participant well-being.
2. It reallocates the provisions relating to transitional Medicaid from the Maine Revised Statutes, Title 22, chapter 1053-B, which pertains to temporary assistance for needy families, to Title 22, chapter 855, which pertains to aid to needy persons, to reflect that the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 no longer just applies to families losing eligibility for Medicaid as a result of losing eligibility for the Temporary Assistance for Needy Families program but instead applies to all parents who lose eligibility for Medicaid.
3. It removes the requirement that a family must have received Medicaid assistance for at least 3 of the last 6 months in order for that family to receive transitional Medicaid.
4. It requires that the Department of Health and Human Services provide transitional Medicaid for a 12-month extension period pursuant to the state option provided in 42 United States Code, Section 1396r-6, Subsection (a), Paragraph (5) when a person's eligibility was terminated because of an increase in earned income or hours of employment or a loss of a time-limited earnings disregard.
5. It eliminates the TANF gross income test for applicants to conform the eligibility methodology for both applicants and recipients.
6. It establishes a procedure by which the Department of Health and Human Services must consider referrals made in accordance with department rule from educational institutions and similar programs as applications for the Parents as Scholars Program under the Maine Revised Statutes, Title 22, section 3790.
7. It provides funds from the TANF block grant to provide personalized professional guidance, support and navigation services for participants in the Parents as Scholars Program in order to promote program completion and student success and requires the Commissioner of Health and Human Services to convene a working group to make recommendations related to the most effective way to achieve this goal, along with other suggestions to improve the program.
8. It requires the Commissioner of Health and Human Services to convene a working group to review and make recommendations to improve the operations of systems and programs administered by the Department of Health and Human Services providing services to people in need.
9. It provides that additional costs to the State resulting from implementation of this legislation must be paid from funds provided to the Department of Health and Human Services under the Temporary Assistance for Needy Families block grant or from resources representing the State's maintenance of effort to qualify for federal funds.