S  T  A  T  E     O  F     R  H  O  D  E     I  S  L  A  N  D    

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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42-66.2-5. Persons eligible -- (a) Persons eligible for assistance under the provisions of this section include: (1) any unmarried resident or married resident living separate and apart, of the state who is at least sixty-five (65) years of age whose income for the calendar year immediately preceding the year in which assistance is sought does not exceed twelve thousand dollars ($12,000); and (2) any married resident of the state who is at least sixty-five (65) years of age and whose income for the calendar year immediately preceding the year in which assistance is sought hereunder when combined with any income of the person's spouse in the same year does not exceed fifteen thousand dollars ($15,000); and (3) any resident of the state who is at least fifty-five (55) years of age who receives social security disability benefits. Eligibility may also be determined by using income data for the ninety (90) days prior to application for benefits and projecting that income on an annual basis. The income levels shall not include those sums of money expended for medical and pharmaceutical that exceed three percent (3%) of the applicant's annual income or three percent (3%) of the applicant's preceding ninety (90) day income computed on an annual basis.

(b) On July 1 of each year commencing in 1991, the maximum amount of allowable income for both unmarried and married residents set forth in subsection (a) shall be increased by a percentage equal to the percentage of the cost of living adjustment provided for social security recipients.

(c) Notwithstanding the foregoing provisions of this section, no person whose prescription drug expenses are paid or reimbursable, either in whole or in part, by any other plan of assistance or insurance is eligible for assistance under this section, until the person's prescription drug coverage is exhausted during a benefit year, and as provided in subsection (d).

(d) The fact that some of a person's prescription drug expenses are paid or reimbursable under the provisions of Medicare, part B, shall not disqualify that person, if he or she is otherwise eligible, to receive assistance under this chapter. In those cases, the state shall pay sixty percent (60%) of the cost of those prescriptions for qualified drugs for which no payment or reimbursement is made by the federal government.

SECTION 2. This act shall take effect upon passage.

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LC01050
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would include Rhode Island residents who are at least fifty-five (55) years of age and receive Social Security disability benefits as those eligible to receive benefits under the Pharmaceutical Assistance to the Elderly Program.

This act would take effect upon passage.