2021 -- H 5754

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LC001828

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- SUNSET ADVISORY

COMMISSION

     Introduced By: Representatives Potter, Kazarian, Morales, Cortvriend, McGaw, Tanzi,
Giraldo, Henries, Ajello, and Batista

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-8-3 of the General Laws in Chapter 40-8 entitled "Medical

Assistance" is hereby amended to read as follows:

     40-8-3. Eligibility requirements.

     Medical care benefits shall be provided under this chapter to at least any person:

     (1) Who has attained the age of sixty-five (65) years; or

     (2) Who has no vision or whose vision is so defective as to prevent performance of ordinary

activities for which eyesight is essential; or

     (3) Who is at least eighteen (18) years of age and who is permanently and totally disabled;

or

     (4) Who is under the age of eighteen (18) years, and who has been deprived of parental

support or care by reason of the death, continued absence from the home, unemployment, or

physical or mental incapacity of a parent (called hereafter "dependent child") and who is living

with a relative in a place of residence maintained by one or more of these relatives as his or her or

their own home, or is in foster boarding care; or

     (5) The relative as defined in subsection (8) of § 40-8-2, with whom the dependent child is

living; provided the person:

     (i) Is a resident of this state; and

     (ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) [repealed] or §

40-6-27; and

     (iii) Is not an inmate of a public institution other than as a patient in a medical institution;

and

     (iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person

has attained the age of sixty-five (65) years; provided, however, that this clause shall become void

and of no effect if and when legislation enacted by the Congress of the United States shall become

effective providing for payments for medical care on behalf of persons who have not attained the

age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and

     (v) Has insufficient income and resources. The department shall establish income and

resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security

Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients.

The income limits established by the department must be more than the AFDC standard in effect

on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal

Social Security Act, 42 U.S.C. § 601 et seq., but shall not be more than one hundred thirty-three

and one-third percent (133 1/3%) of the AFDC standard in effect on July 16, 1996, under the Rhode

Island state plan approved under part A of Title IV of the federal Social Security Act; provided,

however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the

department shall increase the income limits on July 1, 1999, by six and six-tenths percent (6.6%),

and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual

federal adjustment percentage as determined under the provisions of Title XVI of the federal Social

Security Act, 42 U.S.C. § 1381 et seq. The department shall establish resource limits equal to two

thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family.

Provided, however, the department shall apply to the United States Department of Health and

Human Services for a waiver relating to application of the reduced resource limit, and subject to

the granting of the waiver by the Secretary of the United States Department of Health and Human

Services, the resource limit shall be applied to all applicants who: (A) Become eligible for benefits

under this chapter on or after the effective date of this amendment and (B) Who were not receiving

benefits under this chapter prior to July 1, 1993. In the event the secretary does not approve the

waiver request, the current department regulations relating to resource limits shall remain in effect

for all eligible beneficiaries.

     For the purposes of this subsection, anyone who is at least eighteen (18) years of age,

permanently and totally disabled, and has an income below three hundred percent (300%) of the

federal poverty line, shall be exempt from the income and resource rules, regulations, and limits,

as established by the department of health and human services in accordance with the Social

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Security Act.

     For the purposes of this subsection, a vehicle necessary to transport a family member with

a disability, where the vehicle is specially equipped to meet the specific needs of the person with a

disability or if the vehicle is a special type of vehicle that makes it possible to transport the person

with the disability, shall not be counted as resources of the applicants and recipients.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- SUNSET ADVISORY

COMMISSION

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     This act would exempt permanently and totally disabled applicants with income below

three hundred percent (300%) of the federal poverty line, from the income and resource eligibility

rules, regulations and limits.

     This act would take effect upon passage.

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