2021 -- H 5754

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LC001828

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- SUNSET ADVISORY

COMMISSION

     

     Introduced By: Representatives Potter, Kazarian, Morales, Cortvriend, McGaw, Tanzi,
Giraldo, Henries, Ajello, and Batista

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-8-3 of the General Laws in Chapter 40-8 entitled "Medical

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Assistance" is hereby amended to read as follows:

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     40-8-3. Eligibility requirements.

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     Medical care benefits shall be provided under this chapter to at least any person:

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     (1) Who has attained the age of sixty-five (65) years; or

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     (2) Who has no vision or whose vision is so defective as to prevent performance of ordinary

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activities for which eyesight is essential; or

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     (3) Who is at least eighteen (18) years of age and who is permanently and totally disabled;

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or

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     (4) Who is under the age of eighteen (18) years, and who has been deprived of parental

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support or care by reason of the death, continued absence from the home, unemployment, or

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physical or mental incapacity of a parent (called hereafter "dependent child") and who is living

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with a relative in a place of residence maintained by one or more of these relatives as his or her or

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their own home, or is in foster boarding care; or

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     (5) The relative as defined in subsection (8) of § 40-8-2, with whom the dependent child is

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living; provided the person:

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     (i) Is a resident of this state; and

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     (ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) [repealed] or §

 

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40-6-27; and

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     (iii) Is not an inmate of a public institution other than as a patient in a medical institution;

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and

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     (iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person

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has attained the age of sixty-five (65) years; provided, however, that this clause shall become void

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and of no effect if and when legislation enacted by the Congress of the United States shall become

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effective providing for payments for medical care on behalf of persons who have not attained the

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age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and

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     (v) Has insufficient income and resources. The department shall establish income and

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resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security

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Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients.

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The income limits established by the department must be more than the AFDC standard in effect

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on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal

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Social Security Act, 42 U.S.C. § 601 et seq., but shall not be more than one hundred thirty-three

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and one-third percent (133 1/3%) of the AFDC standard in effect on July 16, 1996, under the Rhode

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Island state plan approved under part A of Title IV of the federal Social Security Act; provided,

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however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the

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department shall increase the income limits on July 1, 1999, by six and six-tenths percent (6.6%),

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and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual

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federal adjustment percentage as determined under the provisions of Title XVI of the federal Social

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Security Act, 42 U.S.C. § 1381 et seq. The department shall establish resource limits equal to two

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thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family.

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Provided, however, the department shall apply to the United States Department of Health and

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Human Services for a waiver relating to application of the reduced resource limit, and subject to

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the granting of the waiver by the Secretary of the United States Department of Health and Human

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Services, the resource limit shall be applied to all applicants who: (A) Become eligible for benefits

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under this chapter on or after the effective date of this amendment and (B) Who were not receiving

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benefits under this chapter prior to July 1, 1993. In the event the secretary does not approve the

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waiver request, the current department regulations relating to resource limits shall remain in effect

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for all eligible beneficiaries.

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     For the purposes of this subsection, anyone who is at least eighteen (18) years of age,

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permanently and totally disabled, and has an income below three hundred percent (300%) of the

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federal poverty line, shall be exempt from the income and resource rules, regulations, and limits,

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as established by the department of health and human services in accordance with the Social

 

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Security Act.

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     For the purposes of this subsection, a vehicle necessary to transport a family member with

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a disability, where the vehicle is specially equipped to meet the specific needs of the person with a

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disability or if the vehicle is a special type of vehicle that makes it possible to transport the person

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with the disability, shall not be counted as resources of the applicants and recipients.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- SUNSET ADVISORY

COMMISSION

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     This act would exempt permanently and totally disabled applicants with income below

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three hundred percent (300%) of the federal poverty line, from the income and resource eligibility

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rules, regulations and limits.

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     This act would take effect upon passage.

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