ARTICLE 18 SUBSTITUTE A

RELATING TO PUBLIC ASSISTANCE ACT

SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled “Public

Assistance Act” is hereby amended to read as follows:

40-6-27.  Supplemental security income. -- (a)(1) The director of the department is

hereby authorized to enter into agreements on behalf of the state with the secretary of the

Department of Health and Human Services or other appropriate federal officials, under the

supplementary and security income (SSI) program established by title XVI of the Social Security

Act, 42 U.S.C. § 1381 et seq., concerning the administration and determination of eligibility for

SSI benefits for residents of this state, except as otherwise provided in this section. The state's

monthly share of supplementary assistance to the supplementary security income program

effective January 1, 2003, shall be as follows:

(i) Individual living alone: $57.35      

(ii) Individual living with others: $69.94      

(iii) Couple living alone: $108.50      

(iv) Couple living with others: $128.50      

(v) Individual living in state licensed residential care and assisted living facilities

residence: $575.00 

(vi) Individual living in state licensed supportive residential care settings that, depending

on the population served, meet the standards set by the department of human services in

conjunction with the department(s) of children, youth and families, elderly affairs and/or mental

health, retardation and hospitals: $300.00.

       Provided, however, that the department of human services shall by regulation reduce,

effective January 1, 2009, the state's monthly share of supplementary assistance to the

supplementary security income program for each of the above listed payment levels, by the same

value as the annual federal cost of living adjustment to be published by the federal social security

administration in October 2008 and becoming effective on January 1, 2009, as determined under

the provisions of title XVI of the federal social security act [42 U.S.C. § 1381 et seq.]; and

provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in

the state's monthly share shall not cause a reduction in the combined federal and state payment

level for each category of recipients in effect in the month of December 2008; and provided

further, that the department of human services is authorized and directed to provide for payments

to recipients in accordance with the above directives beginning January 1, 2009 pending formal

revisions to the above table of payment levels by the general assembly during the 2009 session of

the general assembly.; and provided, further, for individuals receiving residential services through

the Division of Developmental Disabilities, the Department of Mental Health, Retardation and

Hospitals shall provide the state supplement to the residential services provider.

     (2) Individuals living in institutions shall receive a twenty dollar ($20.00) per month

personal needs allowance from the state which shall be in addition to the personal needs

allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.

      (3) Individuals living in state licensed supportive residential care settings and assisted

living facilities residences who are receiving SSI shall be allowed to retain a minimum personal

needs allowance of fifty-five dollars ($55.00) per month from their SSI monthly benefit prior to

payment of the residential care and assisted living facility any monthly fee fees.

       (4) To ensure that supportive residential care or an assisted living residence is a safe and

appropriate service setting, The the department is authorized and directed to establish rules for

make a determination of the medical need and whether a setting provides the appropriate services

screening and assessment procedures and eligibility criteria for those persons who:

        (i) Have applied for or are receiving SSI, and who apply for admission to supportive

residential care setting and assisted living facilities residences on or after October 1, 1998; or

        (ii) Who are residing in supportive residential care settings and assisted living facilities

residences, and who apply for or begin to receive SSI on or after October 1, 1998.

        (5) The department shall collaborate with the department of elderly affairs to design

and implement the screening and assessment procedures as required in the above section. The

process for determining medical need required by subsection (4) of this section shall be

developed by the office of health and human services in collaboration with the departments of

that office and shall be implemented in a manner that furthers the goals of establishing a

statewide coordinated long-term care entry system as required pursuant to the Global Consumer

Choice Compact Waiver.

(6) To assure access to high quality coordinated services, the department is further

authorized and directed to establish rules specifying the payment certification standards that must

be met by those state licensed supportive residential care settings and assisted living residences

admitting or serving any persons eligible for state-funded supplementary assistance under this

section. Such payment certification standards shall define:

(i) The scope and frequency of resident assessments, the development and

implementation of individualized service plans, staffing levels and qualifications, resident

monitoring, service coordination, safety risk management and disclosure, and any other related

areas;

(ii) The procedures for determining whether the payment certifications standards have

been met; and

(iii) The criteria and process for granting a one time, short-term good cause exemption

from the payment certification standards to a licensed supportive residential care setting or

assisted living residence that provides documented evidence indicating that meeting or failing to

meet said standards poses an undue hardship on any person eligible under this section who is a

prospective or current resident.

(7) The payment certification standards required by this section shall be developed in

collaboration by the departments, under the direction of the executive office of health and human

services, so as to ensure that they comply with applicable licensure regulations either in effect or

in development.

      (b) The department is authorized and directed to provide additional assistance to

individuals eligible for SSI benefits for:

      (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature

which is defined as a fire or natural disaster; and

      (2) Lost or stolen SSI benefit checks or proceeds of them; and

      (3) Assistance payments to SSI eligible individuals in need because of the application of

federal SSI regulations regarding estranged spouses; and the department shall provide such

assistance in a form and amount, which the department shall by regulation determine.

SECTION 2. This article shall take effect upon passage.