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

     

     Introduced By: Senators DiPalma, and Ciccone

     Date Introduced: March 01, 2024

     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.

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     (a)(1) The director of the department is hereby authorized to enter into agreements on

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behalf of the state with the Secretary of the Department of Health and Human Services or other

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appropriate federal officials, under the Supplemental Security Income (SSI) program established

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by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration

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and determination of eligibility for SSI benefits for residents of this state, except as otherwise

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provided in this section. The state’s monthly share of supplementary assistance to the Supplemental

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Security Income program 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 $352.00, of which

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$140.00 shall be allocated to the individual's personal needs allowance.

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     (vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.]

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     (vii) 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 conjunction

 

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with the department of children, youth and families, the office of healthy aging, and/or the

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department of behavioral healthcare, developmental disabilities and hospitals: $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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Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the

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same value as the annual federal cost of living adjustment to be published by the federal Social

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Security Administration in October 2008 and becoming effective on January 1, 2009, as determined

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under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 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.

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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 forty-five dollar ($45.00) per-month

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

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allowed by the Social Security Act, 42 U.S.C. § 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 supplemental payments under this section shall be allowed

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to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their

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SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established

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in an administrative rule promulgated by the secretary of the executive office of health and human

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services for persons eligible to receive Medicaid-funded long-term services and supports in the

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settings identified in subsection (a)(1)(v).

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     (5) The department is authorized and directed to make a determination of the medical need

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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

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residential-care settings and assisted-living residences on or after October 1, 1998; or

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     (ii) Who are residing in supportive residential-care settings and assisted-living residences,

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and who apply for or begin to receive SSI on or after October 1, 1998.

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     (6) The process for determining medical need required by subsection (a)(5) of this section

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shall be developed by the executive 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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Medicaid section 1115 waiver demonstration.

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     (7) To assure access to high-quality, coordinated services, the executive office of health

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and human services is further authorized and directed to establish certification or contract standards

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that must be met by those state-licensed supportive residential-care settings, including adult

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supportive-care homes and assisted-living residences admitting or serving any persons eligible for

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state-funded supplementary assistance under this section. The certification or contract standards

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shall define:

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

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

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coordination, safety risk management and disclosure, and any other related areas;

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     (ii) The procedures for determining whether the certifications or contract 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 certification or contract 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, the 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) The certification or contract 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 the

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

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     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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     This act would increase the state’s monthly share of supplementary assistance to the

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Supplemental Security Income program for individuals living in a state-licensed assisted-living

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residence from three hundred thirty-two dollars ($332.00) to three hundred fifty-two dollars

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($352.00), of which one hundred forty dollars ($140.00) would be allocated to the personal needs

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allowance.

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     This act would take effect upon passage.

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