HP0868, LD 1268, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 5 MRSA §12004-J, sub-§18 is enacted to read:

18.

Human Services

Independent Citizens Oversight Committee

Not Authorized

22 MRSA §3110

Sec. 2. 22 MRSA §§3109 to 3111 are enacted to read:

§ 3109. Promoting accountable public programs that reduce child poverty and increase sustainable employment for individuals receiving public assistance

The department shall implement a system of accountability measurements to determine the performance of certain programs administered by the department under this subtitle by examining the outcomes of families and individuals participating in those programs on an annual basis in accordance with this section. These outcome measures must provide the basis to measure over time the extent to which those programs have alleviated poverty and hardship among children, families and individuals through employment, education and training, individualized services for those with barriers to employment and other services.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Automated client eligibility system" means the department's fully integrated system for the coordination of all benefits eligibility programs.

B. "Federal poverty level" has the same meaning as in section 3762, subsection 1, paragraph C.

C. "Food insecurity" means limited or uncertain availability of nutritionally adequate and safe foods or limited or uncertain ability to acquire acceptable foods in socially acceptable ways.

D. "TANF" means the Temporary Assistance for Needy Families program established under chapter 1053-B.

2. Child poverty measures. The department shall obtain data on the following outcomes for families in this State on an annual basis:

A. The percentage of households with dependent children living at or below 100% of the federal poverty level;

B. The percentage of households with dependent children headed by single parents living at or below 100% of the federal poverty level;

C. The percentage of households with dependent children living at or below 50% of the federal poverty level;

D. The percentage of households with dependent children who are homeless;

E. The percentage of TANF participants with a high school diploma or general equivalency diploma or the equivalent;

F. The percentage of TANF participants with a postsecondary degree or certificate;

G. The percentage of people experiencing food insecurity; and

H. The percentage of people experiencing very low food security as defined by the United States Department of Agriculture.

3. Employment and earnings measures. The department shall obtain income, earnings and other data required to determine outcomes pursuant to this section from its automated client eligibility system as verified and supplemented from a quarterly wage database compiled by the United States Department of Health and Human Services. The department shall gather data on the following outcomes for all TANF cash assistance cases that include an adult leaving TANF in each quarter during the state fiscal year:

A. The number and percentage of families with earnings in the 2nd and 4th quarters of the fiscal year after leaving TANF;

B. The mean and median amount of earnings for families in the 2nd and 4th quarters of the fiscal year after leaving TANF;

C. The number and percentage of families with earnings below 100%; between 100% and 150%; between 151% and 200%; and in excess of 200% of the federal poverty level in the 2nd and 4th quarters of the fiscal year after leaving TANF;

D. For families that continue to participate in the statewide food supplement program established pursuant to section 3104 or MaineCare, the number and percentage of families with no income and those with income including, but not limited to, earnings from employment below 50%; between 51% and 100%; between 101% and 150%; and between 151% and 200% of the federal poverty level in the 2nd and 4th quarters of the fiscal year after leaving TANF; and

E. For families with children under 5 years of age that continue to participate in the statewide food supplement program established pursuant to section 3104 or MaineCare, the number and share of families with no income and those with income including, but not limited to, earnings from employment below 50% and between 51% and 100% of the federal poverty level.

4. Benchmarks and goals established. The department shall use the data gathered pursuant to subsections 2 and 3 to establish benchmarks for earnings measures under subsection 3, as well as goals for the department along with performance measures to establish progress in meeting those goals. By January 15, 2017, the department shall establish a performance baseline for each earnings measure under subsection 3.

5. Report. By January 30, 2018, and annually thereafter, the department shall report the results of the benchmarks established pursuant to subsection 4 and the progress in meeting goals in the preceding year to the joint standing committee of the Legislature having jurisdiction over human services matters. If the department does not successfully meet the goals, the department shall identify the factors that affected the ability to meet those goals and provide a plan for overcoming the obstacles in order to meet the benchmarks the following year. The department's plan must be reviewed by both the Independent Citizens Oversight Committee established pursuant to section 3110 and the joint standing committee of the Legislature having jurisdiction over human services matters. The joint standing committee of the Legislature having jurisdiction over human services matters may introduce legislation that it considers necessary to improve the department's ability to meet its benchmarks and goals in the following year.

§ 3110. Independent Citizens Oversight Committee

The Independent Citizens Oversight Committee, referred to in this section as "the committee," is established to monitor the department's progress in establishing benchmarks and progress in meeting goals as described in section 3109, subsection 4 and to inform the public concerning the progress made by the department with regard to these benchmarks and goals.

1. Support. The department shall provide the committee with the necessary technical assistance, administrative assistance and resources to publicize the conclusions of the committee.

2. Information sharing. The department shall provide the committee with responses to all findings, recommendations and concerns addressed in the annual independent report on progress made with respect to meeting benchmarks and goals under subsection 5.

3. Public meetings. All meetings of the committee are open to the public and public notice must be provided pursuant to Title 1, section 406.

4. Membership. The committee consists of at least 9 members who serve for a minimum term of 2 years and for no more than 3 consecutive terms. Members may not receive compensation. Members are appointed as follows:

A. A member active in a business organization representing the business community, appointed by the President of the Senate;

B. A member representing a senior citizens organization, appointed by the President of the Senate;

C. A member representing a charitable community foundation, appointed by the President of the Senate;

D. A member representing an organization that represents the interests of persons with disabilities, appointed by the President of the Senate;

E. A member of a community college or state university, appointed by the Speaker of the House of Representatives;

F. A member who is a parent or guardian of at least one minor child, appointed by the Speaker of the House of Representatives;

G. A member representing a community social service organization, appointed by the Speaker of the House of Representatives;

H. A member representing an organization that provides vocational or employment services, appointed by the Speaker of the House of Representatives; and

I. A member of an organization serving the community's health needs, appointed by the Speaker of the House of Representatives.

Notwithstanding paragraphs D and G, a state employee or official, vendor, contractor or consultant of the State may not be appointed to the committee.

5. Report. By March 1, 2018, and annually thereafter, the committee shall provide a report to the joint standing committee of the Legislature having jurisdiction over human services matters on the department's progress in meeting benchmarks and goals established in section 3109, subsection 4.

§ 3111. Streamlining and coordinating access to assistance

The department shall promote family economic self-support by ensuring that families and individuals are aware of, and have expedient access to, programs that may assist them in gaining and maintaining employment and meeting their basic needs. To achieve that goal, the department shall provide through its automated client eligibility system, as defined in section 3109, subsection 1, paragraph A, the opportunity to apply for or obtain the state earned income credit established pursuant to Title 36, section 5219-S, the property tax fairness credit established pursuant to Title 36, section 5219-II, income tax credits for child care expenses established pursuant to Title 36, section 5218, unemployment insurance benefits established pursuant to Title 26, chapter 13 and assistance from available low-income heating assistance programs.

Sec. 3. 22 MRSA §3762, sub-§3, ¶B, as amended by PL 2015, c. 267, Pt. RRRR, §2, is further amended to read:

B. The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes:

(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 certain 2-parent families whose deprivation is based on physical or mental incapacity;

(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 75% of their monthly income. The special housing allowance is limited to $200 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;

(6-A) Beginning October 1, 2016, to provide housing assistance for TANF families whose shelter expenses for rent equal or exceed 50% of their monthly income and who have applied for, but not yet received, a housing choice voucher administered by the United States Department of Housing and Urban Development, Office of Housing Choice Vouchers and funded with federal TANF block grant dollars. This housing assistance must be administered through the Maine State Housing Authority, and the department shall provide a reasonable administrative fee to the Maine State Housing Authority for the cost of administering the housing assistance program. The following conditions apply:

(a) A TANF family may receive the housing assistance if the rent for the family's housing meets the fair market rent standards published by the United States Department of Housing and Urban Development pursuant to 24 Code of Federal Regulations, Section 888.115 for the area in which the family's housing is located and meets any housing quality standards adopted by the Maine State Housing Authority;

(b) A TANF family receiving housing assistance shall pay the same portion of the family's income toward rent as required by the formula used by a housing choice voucher program administered by the United States Department of Housing and Urban Development, Office of Housing Choice Vouchers;

(c) A TANF family who receives housing assistance under this subparagraph is not eligible to receive the special housing allowance under subparagraph (6) and, in addition, must have a reduction in the family's monthly TANF assistance of $100;

(d) A TANF family who receives no TANF cash assistance as a result of the reduction under division (c) continues to remain eligible for TANF and all other services available under this chapter as long as the TANF family continues to meet all other conditions of eligibility for ASPIRE-TANF; and

(e) A TANF family who is ineligible for or who cannot accept a housing choice voucher under this subparagraph and whose shelter expenses for rent equal or exceed 75% of the family's monthly income is eligible to receive the special housing allowance provided under subparagraph (6).

The department shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the provisions of this subparagraph;

(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;

(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. 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, ¶G is enacted to read:

G. The department shall make available transitional housing assistance to a family who loses eligibility for TANF as a result of increased earnings or an increase in the number of hours worked and whose income does not exceed 50% of the median income for the county or metropolitan area in which the family lives. Housing assistance must be administered by the Maine State Housing Authority in the same manner as provided for in subsection 3, paragraph B, subparagraph (6-A). The family's share of rent must increase relative to the family's earnings in the same manner as the housing choice voucher program administered by the United States Department of Housing and Urban Development, Office of Housing Choice Vouchers.

Sec. 5. 22 MRSA §3762, sub-§21 is enacted to read:

21. Transitional Jobs Program. The department shall establish the Transitional Jobs Program for participants unable to find employment through conventional means in accordance with the service delivery model described in section 3788-C. The Transitional Jobs Program, referred to in this subsection as "the program," must assist a participant in gaining access to transitional employment with earnings to improve employability in a competitive work environment through increased work experience. The program must be established in accordance with this subsection.

A. In addition to those determined eligible to participate in the program pursuant to section 3788-A, the department shall provide notice and an opportunity to all families to apply for a transitional job who are within 90 days of reaching the 60-month limit on assistance pursuant to subsection 18 and are not yet employed or engaged in a qualified educational program such as Parents as Scholars Program as established in chapter 1054-B.

B. A person determined eligible to participate in the program receives assistance in accordance with rules adopted by the department for:

(1) Subsidized wages for employment for 6 months not to exceed 40 hours a week in accordance with department rules; and

(2) Support services that are necessary to successfully engage in employment and that are available under the ASPIRE-TANF program.

C. An employer participating in the program receives a subsidy toward wages paid to a person determined eligible to participate in the program under paragraph B equalling 75% of total wages for the first 3 months and 50% of wages for the next 3 months if the employer:

(1) Provides wages, hours and other conditions of work comparable to those available for similar employment in the employer's locality;

(2) Agrees to provide meaningful work experience that will increase the person's future employability;

(3) Provides wage and employment data as required by the department; and

(4) Agrees to give preference for any job available at that employer's establishment at the end of the 6-month period for which a person is qualified to participate if that person has performed satisfactorily during the transitional 6-month employment period.

D. The department shall collect the following information to evaluate the performance of the program:

(1) The number of employees participating in the program;

(2) The average and median length of time persons participated in the program;

(3) The average and median wages paid to employees in the program;

(4) The employment status of the employee at the completion of participation in the program;

(5) The employment status of employees who have completed the program at the end of the 2nd and 4th quarters following the end of their participation in the program;

(6) The number of employers participating in the program; and

(7) The number of employees who remained as permanent employees at the termination of the program.

E. By February 1, 2018, and annually thereafter, the department shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over human services matters on the status of the program and on the evaluation data collected and analyzed pursuant to paragraph D.

The department shall adopt rules to implement the program in a manner that maximizes successful and meaningful employment opportunities for participants and provides for the program's fair and efficient administration in accordance with this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 6. 22 MRSA §3788-C is enacted to read:

§ 3788-C. Self-sufficiency continuum

The department shall design and implement a service delivery model to address individual family needs based on the varying levels of education, work experience, physical or mental health and other conditions that affect the ability to work. Based on the family profile developed during the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A that identifies barriers to employment including those related to health, education, training and disability, a family must be referred to the program that provides the most appropriate array of services and supports needed for the family to reach self-sufficiency.

1. Crisis resolution track. A family facing emergency circumstances, including domestic violence, homelessness or imminent risk of homelessness or other circumstances that threaten the immediate health or safety of the family, must be referred to a crisis resolution track. A family may remain in this track for up to 4 months, during which time the focus must be on stabilizing the health and safety of the family so that the parent or caretaker relative may become ready to engage in another track and move toward employment.

2. Employment track. A person who is not facing emergency circumstances as described in subsection 1 and is not yet employed shall engage in the most appropriate employment track based on the family profile developed during the comprehensive screening and assessment under section 3788, subsection 3-A unless the assessment indicates that participation in an education and training track provided under subsection 3 is more appropriate due to low education or skill levels. The department shall determine which of the following employment tracks is appropriate.

A. The department shall provide a person with low personal or health barriers and moderate to high levels of education or skills, as determined by the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A, with services geared toward rapid employment. The focus of such services is on job preparation, job search, job placement, job retention and family sustainability through employment.

B. The department shall provide a person who has been unsuccessful in finding employment through conventional means with a work-based source of earned income and labor market experience through the Transitional Jobs Program established pursuant to section 3762, subsection 21 to prepare that person for unsubsidized employment.

C. The department shall provide a person with high personal or health barriers and high levels of education or skills, as determined by the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A, with case management and connect the person to intensive social and medical services, including but not limited to health services, mental health services and rehabilitation services to address these barriers.

D. The department shall provide a person with high personal or health barriers due to temporary or permanent disability and low levels of education or skills, as determined by the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A, with case management services including physical and mental health services and rehabilitative services to address these barriers. A person with a permanent disability must receive access to a supplemental security income advocacy program that helps people with disabilities attain federal social security disability insurance benefits or federal supplemental security income benefits.

3. Education and training track. A person with low education or skill levels, as determined by the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A, or for whom work-limiting illness or disability prevents the person in finding employment that is appropriate for the person's work experience who would benefit from additional education or training shall take steps toward increasing employability by participating in the most appropriate education and training track based on the family profile developed during the comprehensive screening and assessment under section 3788, subsection 3-A. To the greatest extent feasible, no adult will leave the ASPIRE-TANF program without a high school diploma or equivalent. Once a person is ready for employment, that person must move to the employment track. The department shall determine which of the following education and training tracks is appropriate.

A. The department shall provide a person with low education or skills, as determined by the comprehensive screening and assessment completed pursuant to section 3788, subsection 3-A, the opportunity to enhance that person's education or skills through school, vocational training, work experience and community service in order to become employable.

B. A person eligible for the Parents as Scholars Program pursuant to chapter 1054-B must be informed of the program and offered the opportunity to enroll. As long as the enrollment limit established in section 3790 has not been reached, the family must be permitted to meet the family's program requirements through participation in the Parents as Scholars Program.

4. Working families track. The department shall disregard certain monthly earnings in accordance with section 3762, subsection 3, paragraph B, subparagraph (7) for families in unsubsidized employment pursuant to section 3762, subsection 21. These families must receive work supports needed for employment in accordance with this chapter until the family becomes ineligible for TANF. Following termination from TANF as a result of wages or hours or employment, the family is eligible to receive transitional support services for working families in accordance with section 3762.

Sec. 7. 22 MRSA §3790, sub-§2-A is enacted to read:

2-A. Alternative eligibility. Notwithstanding subsection 2, a family with minor children that does not qualify for TANF but whose income does not exceed 150% of the federal poverty level, as defined section 3762, subsection 1, paragraph C, is eligible to participate in the program as long as the enrollment limit in subsection 1 has not been reached. A participant is eligible for the same support services that are available to a person eligible for the TANF program who is enrolled in the Parents as Scholars Program but the participant is not eligible to receive cash assistance as provided under the TANF program. The department shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the provisions of this subsection.

Sec. 8. 22 MRSA §3790, sub-§3-A is enacted to read:

3-A. Coordination with state educational institutions and programs. The department shall accept referrals from educational institutions or programs that are part of the University of Maine System; the Maine Community College System; the Jobs for Maine's Graduates Program as established in Title 20-A, section 6901; an adult education program as established in Title 20-A, chapter 315; and the career centers established by the Department of Labor for eligible applicants for the program along with a letter from the prospective student expressing a desire to enroll in the program. Such a letter, along with a referral, must be considered an application for enrollment in the program and must be processed in accordance with department rule. The department shall notify these institutions or programs of the opportunity to refer prospective students in accordance with this subsection.

Sec. 9. Federal funding. Any administrative, technological or other costs associated with the purposes of the Act for families eligible for the Temporary Assistance for Needy Families program must be funded by using the federal block grant funding allocated to the Department of Health and Human Services within the State Family Assistance Grant of the TANF program.

Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)