CHAPTER 427


98-S 2312A am
Enacted 7/22/98


A N     A C T

RELATING TO HUMAN SERVICES -- RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES

Introduced By: Senators Fogarty, Gibbs, Roberts, Goodwin and Connors

Date Introduced : January 29, 1998

It is enacted by the General Assembly as follows:

SECTION 1. The legislature recognizes that residential care and assisted living facilities are an important component of the long term care service system. These facilities provide housing, supervision, and personal care services in a residential setting to persons who need some assistance with activities of daily living or instrumental activities of daily living. The legislature further recognizes the need to increase access to such facilities by low income persons whose care needs are appropriate to the level of service provided by residential care and assisted living. To accomplish this purpose, the state supplemental security income benefit level for persons living in residential care and assisted living should be adjusted to more adequately reflect the cost of providing the service.

SECTION 2. 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. section 1381 et seq., concerning the administration and determination of eligibility for SSI benefits for residents of this state, except as otherwise provided herein. The state's monthly share of supplementary assistance to the supplementary security income program effective January 1, 1993 shall be as follows:


Individual living alone:                                   $ 64.35

Individual living with others:                               74.60 

Couple living alone:                                        120.50 

Couple living with others:                                  136.50 

Individual living in state licensed

Residential care and assisted living facilities{DEL : DEL}

{DEL effective January 1, 1993                      332.00DEL}

 {ADD , effective October 1, 1998:               582.00 ADD}

(2) Individuals living in institutions shall receive a ten dollar ($10.00) 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. section 301 et seq.

{ADD (3) Individuals living in state licensed residential care and assisted living facilities 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 monthly fee. ADD}

{ADD (4) The department is authorized and directed to establish rules for screening and assessment procedures and eligibility criteria for those persons who: ADD}

{ADD (i) Have applied for or are receiving SSI, and who apply for admission to residential care and assisted living facilities on or after October 1, 1998; or ADD}

{ADD (ii) Who are residing in residential care and assisted living facilities, and who apply for or begin to receive SSI on or after October 1, 1998. ADD}

{ADD (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.ADD}

(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 thereof, 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 3. This act shall take effect October 1, 1998.



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