06- 096 C.M.R. ch. 686, § 5 - Review and decision

The commissioner will evaluate the applicant's ability to pay using the following criteria and will notify the applicant in writing of the decision regarding the applicant's ability to pay the amount owed.

A. An applicant is qualified for a waiver of the deductible if:

(1) The applicant's total income does not exceed the low-income level limit for their family size as most recently published by the U.S. Department of Housing and Urban Development (HUD) for their city or county of residence;

(2) The applicant does not earn business income or capital gains; and

(3) The applicant does not earn more than $400 per year in interest or dividends.

B. An applicant who does not meet the requirements of sub-section A above but who believes they do not have the financial resources to pay the amount owed may request a more detailed financial review. The applicant's request for further consideration must be submitted on a form provided by the commissioner and must include a list of itemized living expenses and proof of current debt. The commissioner will evaluate the applicant's ability to pay the amount owed using a screening tool such as the U.S. Environmental Protection Agency's INDIPAY model, which quantifies an individual's ability to afford the amount owed based on excess cash flow and debt capability. This evaluation will take into consideration the applicant's income, assets (e.g., bank account balances, retirement account market value, life insurance cash value, vehicle market value, personal and real estate property market value) and debt payments (e.g., mortgage, auto loan, educational loan, credit card interest). The commissioner will determine the applicant's ability to pay based on the applicant's ratio of debt payments to income, available assets and total liabilities.

Notes

06- 096 C.M.R. ch. 686, § 5