2024 -- S 2578 | |
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LC005482 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT | |
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Introduced By: Senators DiPalma, and Ciccone | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public |
2 | Assistance Act" is hereby amended to read as follows: |
3 | 40-6-27. Supplemental Security Income. |
4 | (a)(1) The director of the department is hereby authorized to enter into agreements on |
5 | behalf of the state with the Secretary of the Department of Health and Human Services or other |
6 | appropriate federal officials, under the Supplemental Security Income (SSI) program established |
7 | by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration |
8 | and determination of eligibility for SSI benefits for residents of this state, except as otherwise |
9 | provided in this section. The state’s monthly share of supplementary assistance to the Supplemental |
10 | Security Income program shall be as follows: |
11 | (i) Individual living alone: $39.92 |
12 | (ii) Individual living with others: $51.92 |
13 | (iii) Couple living alone: $79.38 |
14 | (iv) Couple living with others: $97.30 |
15 | (v) Individual living in state-licensed assisted-living residence: $332.00 $352.00, of which |
16 | $140.00 shall be allocated to the individual's personal needs allowance. |
17 | (vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.] |
18 | (vii) Individual living in state-licensed supportive residential-care settings that, depending |
19 | on the population served, meet the standards set by the department of human services in conjunction |
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1 | with the department of children, youth and families, the office of healthy aging, and/or the |
2 | department of behavioral healthcare, developmental disabilities and hospitals: $300.00. |
3 | Provided, however, that the department of human services shall, by regulation, reduce, |
4 | effective January 1, 2009, the state’s monthly share of supplementary assistance to the |
5 | Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the |
6 | same value as the annual federal cost of living adjustment to be published by the federal Social |
7 | Security Administration in October 2008 and becoming effective on January 1, 2009, as determined |
8 | under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and |
9 | provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in |
10 | the state’s monthly share shall not cause a reduction in the combined federal and state payment |
11 | level for each category of recipients in effect in the month of December 2008; provided further, |
12 | that the department of human services is authorized and directed to provide for payments to |
13 | recipients in accordance with the above directives. |
14 | (2) As of July 1, 2010, state supplement payments shall not be federally administered and |
15 | shall be paid directly by the department of human services to the recipient. |
16 | (3) Individuals living in institutions shall receive a forty-five dollar ($45.00) per-month |
17 | personal needs allowance from the state that shall be in addition to the personal needs allowance |
18 | allowed by the Social Security Act, 42 U.S.C. § 301 et seq. |
19 | (4) Individuals living in state-licensed supportive residential-care settings and assisted- |
20 | living residences who are receiving SSI supplemental payments under this section shall be allowed |
21 | to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their |
22 | SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established |
23 | in an administrative rule promulgated by the secretary of the executive office of health and human |
24 | services for persons eligible to receive Medicaid-funded long-term services and supports in the |
25 | settings identified in subsection (a)(1)(v). |
26 | (5) The department is authorized and directed to make a determination of the medical need |
27 | and whether a setting provides the appropriate services for those persons who: |
28 | (i) Have applied for or are receiving SSI, and who apply for admission to supportive |
29 | residential-care settings and assisted-living residences on or after October 1, 1998; or |
30 | (ii) Who are residing in supportive residential-care settings and assisted-living residences, |
31 | and who apply for or begin to receive SSI on or after October 1, 1998. |
32 | (6) The process for determining medical need required by subsection (a)(5) of this section |
33 | shall be developed by the executive office of health and human services in collaboration with the |
34 | departments of that office and shall be implemented in a manner that furthers the goals of |
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1 | establishing a statewide coordinated long-term-care entry system as required pursuant to the |
2 | Medicaid section 1115 waiver demonstration. |
3 | (7) To assure access to high-quality, coordinated services, the executive office of health |
4 | and human services is further authorized and directed to establish certification or contract standards |
5 | that must be met by those state-licensed supportive residential-care settings, including adult |
6 | supportive-care homes and assisted-living residences admitting or serving any persons eligible for |
7 | state-funded supplementary assistance under this section. The certification or contract standards |
8 | shall define: |
9 | (i) The scope and frequency of resident assessments, the development and implementation |
10 | of individualized service plans, staffing levels and qualifications, resident monitoring, service |
11 | coordination, safety risk management and disclosure, and any other related areas; |
12 | (ii) The procedures for determining whether the certifications or contract standards have |
13 | been met; and |
14 | (iii) The criteria and process for granting a one-time, short-term good-cause exemption |
15 | from the certification or contract standards to a licensed supportive residential-care setting or |
16 | assisted-living residence that provides documented evidence indicating that meeting, or failing to |
17 | meet, the standards poses an undue hardship on any person eligible under this section who is a |
18 | prospective or current resident. |
19 | (8) The certification or contract standards required by this section shall be developed in |
20 | collaboration by the departments, under the direction of the executive office of health and human |
21 | services, so as to ensure that they comply with applicable licensure regulations either in effect or |
22 | in development. |
23 | (b) The department is authorized and directed to provide additional assistance to |
24 | individuals eligible for SSI benefits for: |
25 | (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature, |
26 | which is defined as a fire or natural disaster; and |
27 | (2) Lost or stolen SSI benefit checks or proceeds of them; and |
28 | (3) Assistance payments to SSI-eligible individuals in need because of the application of |
29 | federal SSI regulations regarding estranged spouses; and the department shall provide the |
30 | assistance in a form and amount that the department shall by regulation determine. |
31 | 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 HUMAN SERVICES -- PUBLIC ASSISTANCE ACT | |
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1 | This act would increase the state’s monthly share of supplementary assistance to the |
2 | Supplemental Security Income program for individuals living in a state-licensed assisted-living |
3 | residence from three hundred thirty-two dollars ($332.00) to three hundred fifty-two dollars |
4 | ($352.00), of which one hundred forty dollars ($140.00) would be allocated to the personal needs |
5 | allowance. |
6 | This act would take effect upon passage. |
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