Introduced By: Senators Paiva Weed, Perry, Coderre T, Parella and Cicilline J
Date Introduced : January 29, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 40-6-3.1 of the General Laws in Chapter 40-6entitled "Public Assistance Act" is hereby amended toread as follows:
40-6-3.1. Eligibility for general public assistance. -- (a) The state acting by and through the department shall provideassistance (in the form specified in section 40-6-3.2) to residentsof the state found by the department in accordance with this chapterand rules and regulations of the department to be eligible forgeneral public assistance; provided further, that benefits underthis program shall be provided only to residents who are citizensof the United States or aliens lawfully admitted for permanentresidence or otherwise permanently residing in the United Statesunder color of law, and benefits shall not be provided to illegalor undocumented aliens.
(b) (1) Individuals eligible for GPA.. - General public assistanceshall be provided to the following individuals and families providedall other eligibility requirements of this chapter are met:
(2) Individuals age eighteen (18) or older, provided that theydo not have a dependent child who is living in his or her home,and provided that they are determined by the department in accordancewith this chapter and departmental regulations to be sufferingfrom an illness, injury, or medical condition as determined byphysical examination by a licensed physician, that is reasonablyexpected to last for a period of at least thirty (30) days fromthe date the application for general public assistance is filedwith the department, and which precludes the individual from working.The illness, injury, or medical condition may be based on a primarydiagnosis of alcoholism or substance abuse. The total physicalor mental incapacity shall be verified by a medical practitionerand/or a qualified substance abuse counselor designated by thedepartment, within forty-five (45) days of the date the individualis found by the department to be totally incapacitated. If totalphysical or mental incapacity cannot be reasonably verified thenthe individual shall not be eligible for general public assistanceunder this subsection.
(3) The department shall provide an application for medical assistance(Medicaid) benefits to each applicant for general public assistanceand shall use a uniform medical form for both programs to secureinformation from the applicant's treating physician. A decisionon the application for general public assistance shall be madewithin thirty (30) days of receipts of a completed application.
(4) Individuals found eligible on the basis of illness, injury,or medical condition under this subsection (b) shall be eligiblefor assistance only in the forms specified in section 40-6-3.2(a)(2)and (a)(3), and only for an initial period of up to six (6) months,renewable for a period of up to an additional six (6) months.In order to receive assistance for a period greater than twelve(12) months, individuals must reapply for general public assistance.
(c) Resources.. - Ownership of real or personal property shalldisqualify individuals from receiving general public assistance,provided, however, that the following property or resources ownedby such individuals shall be exempted:
(1) A home occupied by such individuals;
(2) One automobile having an equity value not exceeding {DELfifteenhundred dollars ($1,500)DEL} {ADD four thousand six hundred fifty dollars ($4650) or a vehicle necessary to transporta family member with a disability, where the vehicle is speciallyequipped to meet the specific needs of the person with a disabilityor if the vehicle is a special type of vehicle that makes it possibleto transport the person with the disability ADD};
(3) Cash or liquid assets not exceeding four hundred dollars ($400);
(4) Such tools of the trade not to exceed an aggregate value ofone thousand dollars ($1,000) and household furnishings and effectsas the director shall determine by regulation.
(d) (1) (i) Income.. - Income shall not disqualify an individualfrom receiving general public assistance provided that the incomeas defined and determined by the department is within the incomelimitations established by the regulations of the department.
(ii) Pursuant to the purposes set forth in section 40-6-3 andnotwithstanding the provisions of section 40-6-3.3, individualsfound ineligible for cash assistance under chapter 5.1 of thistitle due to provisions of the chapter regarding alien sponsors,the deeming of alien sponsor income or the deeming of stepparentincome, shall not be eligible for general public assistance.
(2) Notwithstanding the provisions of section 40-6-3.3, the receiptof lump sum income shall disqualify an individual from receivinggeneral public assistance.
(3) The department shall promulgate rules and regulations regardingthe treatment of lump sum income.
(e) Postsecondary education.. - (1) An individual age eighteen(18) or older attending a school, college, or university as afull time student or attending a full time program of vocationalor technical training, all beyond the level of secondary education,shall not be eligible for general public assistance under thischapter, excepting however those individuals active as studentswith the department's vocational rehabilitation programs who havebeen certified as unemployable by the department.
(2) Notwithstanding the foregoing prohibition, an individual,age eighteen (18) or older, pursuing a course of study on a part-timebasis beyond the level of secondary education, may be eligiblefor general public assistance provided the student remains availablefor and is actively seeking employment and provided that the individualmeets all other eligibility requirements for general public assistancepursuant to this chapter.
(f) Cooperation in applying for SSI and medical assistance.. -All applicants and recipients of general public assistance shall,within thirty (30) days of application for general public assistanceor notice from the department, be required to apply for and cooperatein the determination for benefits under the federal supplementalsecurity income (SSI) program and/or medical assistance, as providedpursuant to title XIX of the Social Security Act, 42 U.S.C. section1396 et seq., provided the applicant or recipient is determinedby the department to be potentially eligible for benefits.
(g) Report of income or resources by recipients.. - If, at anytime during the receipt of general public assistance, the recipientthereof becomes possessed of income or resources in excess ofthe amount previously reported by him or her, it shall be hisor her duty and a condition of eligibility to notify the departmentof this fact immediately on the receipt or possession of additionalincome or resources.
SECTION 2. Section 40-8-3 of the General Laws in Chapter 40-8entitled "Medical Assistance" is hereby amended to readas follows:
40-8-3. Eligibility requirements. -- Medical carebenefits shall be provided under this chapter to at least anyperson (1) who has attained the age of sixty-five (65) years,or (2) who has no vision or whose vision is so defective as toprevent performance of ordinary activities for which eyesightis essential, or (3) who is at least eighteen (18) years of ageand who is permanently and totally disabled, or (4) who is underthe age of eighteen (18) years, and who has been deprived of parentalsupport or care by reason of the death, continued absence fromthe home, unemployment or physical or mental incapacity of a parent(called hereafter "dependent child") and who is livingwith a relative in a place of residence maintained by one or moreof such relatives as his or her or their own home, or is in fosterboarding care, or (5) the relative as defined in subsection (8)of section 40-8-2, with whom any such dependent child is living;provided such person:
(i) Is a resident of this state; and
(ii) Is not receiving public assistance under the provisions ofsection 40-5.1-9(b) or 40-6-27; and
(iii) Is not an inmate of a public institution other than as apatient in a medical institution; and
(iv) Is not a patient in an institution for tuberculosis or mentaldisease, unless the person has attained the age of sixty-five(65) years; provided, however, that this clause shall become voidand of no effect if and when legislation enacted by the congressof the United States shall become effective providing for paymentsfor medical care on behalf of persons who have not attained theage of sixty-five (65) years who are patients in an institutionfor tuberculosis or mental disease; and
(v) Has insufficient income and resources. The department shallestablish income and resource rules, regulations, and limits inaccordance with title XIX of the federal Social Security Act,42 U.S.C. section 1396 et seq., as applicable to the medicallyneedy only applicants and recipients. The income limits establishedby the department must be more than the standard as provided insection 40-5.1-9 but shall not be more than one hundred and thirty-threeand one-third percent (1331/3%) of the standard as provided insection 40-5.1-9. The department shall establish resource limitsequal to two thousand dollars ($2,000) for an individual and threethousand dollars ($3,000) for a family. Provided, however, thedepartment shall apply to the United States department of healthand human services for a waiver relating to application of thereduced resource limit, and subject to the granting of the waiverby the secretary of the United States department of health andhuman services, the resource limit shall be applied to all applicantswho (A) become eligible for benefits under this chapter on orafter the effective date of this amendment and (B) who were notreceiving benefits under this chapter prior to July 1, 1993. Inthe event the secretary does not approve the waiver request, thecurrent department regulations relating to resource limits shallremain in effect for all eligible beneficiaries.
{ADD For the purposes of this subsection a vehicle necessary totransport a family member with a disability, where the vehicleis specially equipped to meet the specific needs of the personwith a disability or if the vehicle is a special type of vehiclethat makes it possible to transport the person with the disabilityshall not be counted as resources of the applicants and recipients. ADD}
SECTION 3. This act shall take effect upon passage.
