Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 3174 (2026)

Eligibility

✓ current as of May 2026
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Medical indigency and eligibility for assistance under this chapter are to be defined and determined in manners consistent with the requirements for the receipt of federal matching funds under Title XIX, or its successors, of the Social Security Act.   [PL 1977, c. 714, §3 (NEW).]
An applicant shall be an adult who requires care and assistance, an adult legally responsible for the care of another or an adult who is legally responsible for the care of, and is applying on behalf of, one or more dependent minor children. Applications may be made on behalf of those applicants by their legal representatives.   [PL 1977, c. 714, §3 (NEW).]
The department shall review and reevaluate eligibility for all recipients of aid, assistance or benefits available through a program of medical assistance administered pursuant to this chapter no less than once every 12 months, notwithstanding any federal statute, regulation or waiver allowing for less frequent reviews.   [PL 2017, c. 284, Pt. NNNNNNN, §9 (NEW).]
The income factor of eligibility is met if, after reducing all income received by or available to the applicant by the liabilities for the kinds of goods and services provided for in this section, the residual income does not exceed 100% of an amount equal to the Temporary Assistance for Needy Families payment standards applicable to the applicant in the case of a family of 2 or more, or does not exceed 100% of an amount equal to the Temporary Assistance for Needy Families full-need standard for a unit of one in the case of an individual.   [RR 1991, c. 1, §29 (COR); PL 1997, c. 530, Pt. A, §34 (AMD).]
The application of any available insurance, other 3rd party liabilities or other benefits to which the applicant may be entitled or the determination of other eligibility factors shall be in accordance with federal matching requirements.   [PL 1977, c. 714, §3 (NEW).]
The department, under rules and regulations established pursuant to section 3173, shall set forth conditions of eligibility for assistance under this chapter. Such conditions shall provide that aid may be granted only to any applicant who:   [PL 1973, c. 790, §2 (NEW).]
1.  Income.  Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;  
[PL 1973, c. 790, §2 (NEW).]
2.  Residence.  Is living in the State at the date of the application; and  
[PL 1973, c. 790, §2 (NEW).]
3.  Inmate.  Is not an inmate of any public institution, except as a patient in a medical institution or an inmate during the month in which the applicant becomes an inmate only to the extent permitted by federal law, but an inmate of such an institution may file application for aid and any allowance made thereon must take effect and be paid when the applicant ceases to be an inmate of the institution.  
[RR 2021, c. 2, Pt. B, §160 (COR).]
SECTION HISTORY
PL 1973, c. 790, §2 (NEW). PL 1977, c. 714, §3 (AMD). PL 1979, c. 566, §1 (AMD). PL 1981, c. 703, §A25 (AMD). PL 1983, c. 178 (AMD). PL 1987, c. 834, §1 (AMD). RR 1991, c. 1, §29 (COR). PL 1991, c. 528, §P12 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §P12 (AMD). PL 1997, c. 530, §A34 (AMD). PL 2017, c. 284, Pt. NNNNNNN, §9 (AMD). RR 2021, c. 2, Pt. B, §160 (COR).
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Notes of Decisions
Cited in 7 cases, 1981–2018 · leading case: Harriman v. Comm'r, Dep't of Human Servs., 595 A.2d 1053 (Me. 1991).
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Harriman v. Comm'r, Dep't of Human Servs., 595 A.2d 1053 (Me. 1991). · cites it 4× “In order to determine whether the Maine Medicaid statute, even without any federal mandate, requires DHS to apply an asset spend-down rule, the federal court certified the following question of state law to the Maine Law Court: Does 22 M.R.S.A. § 3174 require the Department of…”
Whitehouse v. Ives, 736 F. Supp. 368 (D. Me. 1990). · cites it 4× “spousal support) guaranteed by Article I of the Maine Constitution and Amendments I through X of the United States Constitution; (3) violated the equal protection and due process clauses of the 14th amendment and the Maine Constitution; (4) illegally treated withheld income tax…”
Bates v. Dep't of Behavioral & Developmental Servs., 863 A.2d 890 (Me. 2004). “” Among many other provisions, this legislation: (1) amended 22 M.R.S.A. § 3174 — G(1)(C), (F) to significantly expand the number of individuals who may qualify for Medicaid, including assistance for treatment of mental illness; and (2) created a new health insurance program…”
Hale v. State, 433 A.2d 374 (Me. 1981). “” 22 M.R.S.A. § 3174, Maine Public Assistance Payments Manual, Chapter IV, Section B.”
Winslow v. Comm'r, Maine Dep't of Human Servs., 795 F. Supp. 47 (D. Me. 1992). “In July 1991, Maine’s MNILs were revised after the state legislature, in response to a budget crisis, amended 22 M.R.S.A. § 3174 to reduce Medicaid benefits.”
Maine Equal Just. Partners v. Hamilton (Me. Super. Ct 2018). “The department shall provide for the delivery of federally approved Medicaid services to the following persons: G.”
Miller v. Ives, 780 F. Supp. 49 (D. Me. 1991). “But even if the wording of the regulation is considered ambiguous, Maine statutory law is clear that the state regulations are to comply with federal law and requirements, see 22 M.R.S.A. § 3174, and the regulations themselves echo this mandate.”
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