Maine Revised Statutes Title 22 Sec. 4318 – Recovery of expenses
Current as of: 2023 | Check for updates
|
Other versions
A municipality or the State, which has incurred general assistance program costs for the support of any eligible person, may recover the full amount expended for that support either from the person relieved or from any person liable for the recipient’s support, their executors or administrators, in a civil action. In no case may a municipality or the State be authorized to recover through a civil action, the full or part of, the amount expended for the support of a previously eligible person, if, as a result of the repayment of that amount, this person would, in all probability, again become eligible for general assistance. [PL 1985, c. 489, §§8, 14 (RPR).]
Notwithstanding any other provision of law, municipalities have a lien for the value of all general assistance payments made to a recipient on any lump sum payment made to that recipient under the former Workers’ Compensation Act, the Maine Workers’ Compensation Act of 1992 or similar law of any other state. [PL 1995, c. 462, Pt. A, §44 (AMD).]
The department shall enter into an agreement with the Social Security Administration to institute an interim assistance reimbursement for the purpose of the repayment of state and local funds expended for providing assistance to Supplemental Security Income applicants or recipients while the Supplemental Security Income payments are pending or suspended. Written authorization must be given by the recipients. [PL 1991, c. 780, Pt. R, §5 (AMD).]
1. Repayment.
[PL 1985, c. 489, §§8, 14 (RP).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4318
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Eligible person: means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. See Maine Revised Statutes Title 22 Sec. 4301
- General assistance program: means a service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. See Maine Revised Statutes Title 22 Sec. 4301
- Income: means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds, household income from any other source, including relatives or unrelated household members and any benefit received pursuant to Title 36, chapter 907, Title 36, section 5219?II and Title 36, section 5219?KK, unless used for basic necessities as defined in section 4301, subsection 1. See Maine Revised Statutes Title 22 Sec. 4301
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lump sum payment: means a one-time or typically nonrecurring sum of money issued to an applicant or recipient. See Maine Revised Statutes Title 22 Sec. 4301
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
2. Public assistance.
[PL 1985, c. 489, §§8, 14 (RP).]
A municipality may not recover from any recipient who has been injured while performing work under section 4316-A, subsection 2, any portion of any medical or rehabilitative expenses associated with that injury or any portion of any other general assistance benefits associated with that injury. [PL 1991, c. 9, Pt. U, §15 (AMD).]
Nothing in this section may be construed as limiting or affecting in any way the right of any individual to file an action under the Maine Tort Claims Act, Title 14, chapter 741, except that a municipality that provides general assistance to a minor is absolutely immune from suit on any tort claims seeking recovery or damages by or on behalf of the minor recipient in connection with the provision of general assistance. [PL 1991, c. 9, Pt. U, §15 (AMD).]
All collections, fees and payments received by the department from the Federal Government as a result of an interim assistance reimbursement must be dedicated to support the administration of the General Assistance program. [PL 1993, c. 415, Pt. H, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 577, §1 (NEW). PL 1985, c. 489, §§8,14 (RPR). PL 1987, c. 67 (AMD). PL 1991, c. 9, §U15 (AMD). PL 1991, c. 622, §M27 (AMD). PL 1991, c. 780, §R5 (AMD). PL 1993, c. 415, §H1 (AMD). PL 1995, c. 462, §A44 (AMD).