2012 -- S 2041

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LC00116

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HUMAN SERVICES -- DEVELOPMENTAL DISABILITIES FUNDING

     Introduced By: Senators Tassoni, Lynch, Cote, Jabour, and Doyle

     Date Introduced: January 11, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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

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Assistance Act" is hereby amended to read as follows:

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

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

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

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

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

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

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monthly share of supplementary assistance to the supplementary security income program

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effective January 1, 2009, shall be as follows:

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      (i) Individual living alone:
$39.92

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     (ii) Individual living with others:
$51.92

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     (iii) Couple living alone:
$79.38

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     (iv) Couple living with others:
$97.30

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      (v) Individual living in state licensed assisted living residence: $332.00
$538.00

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

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

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

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health, retardation and hospitals behavioral healthcare, developmental disabilities and hospitals:

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$300.00.

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

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

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

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

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

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

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

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

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

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

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recipients in accordance with the above directives beginning January 1, 2009.

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     (2) As of July 1, 2010, state supplement payments shall not be federally administered and

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shall be paid directly by the department of human services to the recipient.

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

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

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

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

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

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

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payment of any monthly fees.

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

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appropriate service setting, the department is authorized and directed to make a determination of

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the medical need and whether a setting provides the appropriate services for those persons who:

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

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care setting and assisted living residences on or after October 1, 1998; or (ii) Who are residing in

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supportive residential care settings and assisted living residences, and who apply for or begin to

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receive SSI on or after October 1, 1998.

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     (6) The process for determining medical need required by subsection (4) of this section

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

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

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establishing a statewide coordinated long-term care entry system as required pursuant to the

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Global Consumer Choice Compact Waiver.

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

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

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

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

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section. Such payment certification standards shall define:

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

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

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

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areas;

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

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been met; and

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

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

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

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

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prospective or current resident.

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

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

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

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in development.

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

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individuals eligible for SSI benefits for:

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

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which is defined as a fire or natural disaster; and

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC00116

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES -- DEVELOPMENTAL DISABILITIES FUNDING

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     This act would restore the budget cut made to the developmental disabilities assisted

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living fund.

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     This act would take effect upon passage.

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LC00116

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