Rhode Island 2023 Regular Session

Rhode Island House Bill H5633 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5633
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7	7	LC001333
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HUMAN SE RVICES -- PUBLIC ASSISTANCE ACT
16	16	Introduced By: Representatives Spears, Cotter, Donovan, Dawson, O'Brien, Caldwell,
17	17	Azzinaro, Knight, Tanzi, and Speakman
18	18	Date Introduced: February 15, 2023
19	19	Referred To: House Finance
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public 1
24	24	Assistance Act" is hereby amended to read as follows: 2
25	25	40-6-27. Supplemental Security Income. 3
26	26	(a)(1) The director of the department is hereby authorized to enter into agreements on 4
27	27	behalf of the state with the Secretary of the Department of Health and Human Services or other 5
28	28	appropriate federal officials, under the Supplemental Security Income (SSI) program established 6
29	29	by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration 7
30	30	and determination of eligibility for SSI benefits for residents of this state, except as otherwise 8
31	31	provided in this section. The state’s monthly share of supplementary assistance to the Supplemental 9
32	32	Security Income program shall be as follows: 10
33	33	(i) Individual living alone: $39.92 11
34	34	(ii) Individual living with others: $51.92 12
35	35	(iii) Couple living alone: $79.38 13
36	36	(iv) Couple living with others: $97.30 14
37	37	(v) Individual living in state-licensed assisted-living residence: $332.00 15
38	38	(vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.] 16
39	39	(vii) Individual living in state-licensed supportive residential-care settings that, depending 17
40	40	on the population served, meet the standards set by the department of human services in conjunction 18
41	41	with the department of children, youth and families, the office of healthy aging, and/or the 19
42	42
43	43
44	44	LC001333 - Page 2 of 7
45	45	department of behavioral healthcare, developmental disabilities and hospitals: $300.00. 1
46	46	Provided, however, that the department of human services shall, by regulation, reduce, 2
47	47	effective January 1, 2009, the state’s monthly share of supplementary assistance to the 3
48	48	Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the 4
49	49	same value as the annual federal cost of living adjustment to be published by the federal Social 5
50	50	Security Administration in October 2008 and becoming effective on January 1, 2009, as determined 6
51	51	under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and 7
52	52	provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in 8
53	53	the state’s monthly share shall not cause a reduction in the combined federal and state payment 9
54	54	level for each category of recipients in effect in the month of December 2008; provided further, 10
55	55	that the department of human services is authorized and directed to provide for payments to 11
56	56	recipients in accordance with the above directives. Provided, however, that the state's monthly share 12
57	57	of supplementary assistance to the Supplemental Security Income (SSI) program for individua ls 13
58	58	living in the community shall be increased each July by the same cost-of-living adjustment applied 14
59	59	by the federal Social Security Administration for the federal SSI benefit in January of that calendar 15
60	60	year. 16
61	61	(2) As of July 1, 2010, state supplement payments shall not be federally administered and 17
62	62	shall be paid directly by the department of human services to the recipient. 18
63	63	(3) Individuals living in institutions shall receive a twenty-dollar ($20.00) forty-five dollar 19
64	64	($45.00) per-month personal needs allowance from the state that shall be in addition to the personal 20
65	65	needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq. Beginning July 1, 21
66	66	2024, and every other year thereafter, the monthly personal needs allowance shall be adjusted by 22
67	67	the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as 23
68	68	published by the United States Bureau of Labor Statistics determined as of September 30 of the 24
69	69	prior calendar year; said adjustment shall be rounded to the nearest one dollar ($1.00) increment; 25
70	70	provided that, the total allowance shall not be less than provided for in the previous year. 26
71	71	(4) Individuals living in state-licensed supportive residential-care settings and assisted-27
72	72	living residences who are receiving SSI supplemental payments under this section shall be allowed 28
73	73	to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their 29
74	74	SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established 30
75	75	in an administrative rule promulgated by the secretary of the executive office of health and human 31
76	76	services for persons eligible to receive Medicaid-funded long-term services and supports in the 32
77	77	settings identified in subsection (a)(1)(v). 33
78	78	(5) The department is authorized and directed to make a determination of the medical need 34
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80	80
81	81	LC001333 - Page 3 of 7
82	82	and whether a setting provides the appropriate services for those persons who: 1
83	83	(i) Have applied for or are receiving SSI, and who apply for admission to supportive 2
84	84	residential-care settings and assisted-living residences on or after October 1, 1998; or 3
85	85	(ii) Who are residing in supportive residential-care settings and assisted-living residences, 4
86	86	and who apply for or begin to receive SSI on or after October 1, 1998. 5
87	87	(6) The process for determining medical need required by subsection (a)(5) of this section 6
88	88	shall be developed by the executive office of health and human services in collaboration with the 7
89	89	departments of that office and shall be implemented in a manner that furthers the goals of 8
90	90	establishing a statewide coordinated long-term-care entry system as required pursuant to the 9
91	91	Medicaid section 1115 waiver demonstration. 10
92	92	(7) To assure access to high-quality, coordinated services, the executive office of health 11
93	93	and human services is further authorized and directed to establish certification or contract standards 12
94	94	that must be met by those state-licensed supportive residential-care settings, including adult 13
95	95	supportive-care homes and assisted-living residences admitting or serving any persons eligible for 14
96	96	state-funded supplementary assistance under this section. The certification or contract standards 15
97	97	shall define: 16
98	98	(i) The scope and frequency of resident assessments, the development and implementation 17
99	99	of individualized service plans, staffing levels and qualifications, resident monitoring, service 18
100	100	coordination, safety risk management and disclosure, and any other related areas; 19
101	101	(ii) The procedures for determining whether the certifications or contract standards have 20
102	102	been met; and 21
103	103	(iii) The criteria and process for granting a one-time, short-term good-cause exemption 22
104	104	from the certification or contract standards to a licensed supportive residential-care setting or 23
105	105	assisted-living residence that provides documented evidence indicating that meeting, or failing to 24
106	106	meet, the standards poses an undue hardship on any person eligible under this section who is a 25
107	107	prospective or current resident. 26
108	108	(8) The certification or contract standards required by this section shall be developed in 27
109	109	collaboration by the departments, under the direction of the executive office of health and human 28
110	110	services, so as to ensure that they comply with applicable licensure regulations either in effect or 29
111	111	in development. 30
112	112	(b) The department is authorized and directed to provide additional assistance to 31
113	113	individuals eligible for SSI benefits for: 32
114	114	(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature, 33
115	115	which is defined as a fire or natural disaster; and 34
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119	119	(2) Lost or stolen SSI benefit checks or proceeds of them; and 1
120	120	(3) Assistance payments to SSI-eligible individuals in need because of the application of 2
121	121	federal SSI regulations regarding estranged spouses; and the department shall provide the 3
122	122	assistance in a form and amount that the department shall by regulation determine. 4
123	123	SECTION 2. Section 40-8-2 of the General Laws in Chapter 40-8 entitled "Medical 5
124	124	Assistance" is hereby amended to read as follows: 6
125	125	40-8-2. Definitions. 7
126	126	As used in this chapter, unless the context shall otherwise require: 8
127	127	(1) “Dental service” means and includes emergency care, X-rays for diagnoses, extractions, 9
128	128	palliative treatment, and the refitting and relining of existing dentures and prosthesis. 10
129	129	(2) “Department” means the department of human services. 11
130	130	(3) “Director” means the director of human services. 12
131	131	(4) “Drug” means and includes only drugs and biologicals prescribed by a licensed dentist 13
132	132	or physician as are either included in the United States pharmacopoeia, national formulary, or are 14
133	133	new and nonofficial drugs and remedies. 15
134	134	(5) “Inpatient” means a person admitted to and under treatment or care of a physician or 16
135	135	surgeon in a hospital or nursing facility that meets standards of and complies with rules and 17
136	136	regulations promulgated by the director. 18
137	137	(6) “Inpatient hospital services” means the following items and services furnished to an 19
138	138	inpatient in a hospital other than a hospital, institution, or facility for tuberculosis or mental 20
139	139	diseases: 21
140	140	(i) Bed and board; 22
141	141	(ii) Nursing services and other related services as are customarily furnished by the hospital 23
142	142	for the care and treatment of inpatients and drugs, biologicals, supplies, appliances, and equipment 24
143	143	for use in the hospital, as are customarily furnished by the hospital for the care and treatment of 25
144	144	patients; 26
145	145	(iii)(A) Other diagnostic or therapeutic items or services, including, but not limited to, 27
146	146	pathology, radiology, and anesthesiology furnished by the hospital or by others under arrangements 28
147	147	made by the hospital, as are customarily furnished to inpatients either by the hospital or by others 29
148	148	under such arrangements, and services as are customarily provided to inpatients in the hospital by 30
149	149	an intern or resident-in-training under a teaching program having the approval of the Council on 31
150	150	Medical Education and Hospitals of the American Medical Association or of any other recognized 32
151	151	medical society approved by the director. 33
152	152	(B) The term “inpatient hospital services” shall be taken to include medical and surgical 34
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154	154
155	155	LC001333 - Page 5 of 7
156	156	services provided by the inpatient’s physician, but shall not include the services of a private-duty 1
157	157	nurse or services in a hospital, institution, or facility maintained primarily for the treatment and 2
158	158	care of patients with tuberculosis or mental diseases. Provided, further, it shall be taken to include 3
159	159	only the following organ transplant operations: kidney, liver, cornea, pancreas, bone marrow, lung, 4
160	160	heart, and heart/lung, and other organ transplant operations as may be designated by the director 5
161	161	after consultation with medical advisory staff or medical consultants; and provided that any such 6
162	162	transplant operation is determined by the director or his or her designee to be medically necessary. 7
163	163	Prior written approval of the director, or his or her designee, shall be required for all covered organ 8
164	164	transplant operations. 9
165	165	(C) In determining medical necessity for organ transplant procedures, the state plan shall 10
166	166	adopt a case-by-case approach and shall focus on the medical indications and contra-indications in 11
167	167	each instance; the progressive nature of the disease; the existence of any alternative therapies; the 12
168	168	life-threatening nature of the disease; the general state of health of the patient apart from the 13
169	169	particular organ disease; and any other relevant facts and circumstances related to the applicant and 14
170	170	the particular transplant procedure. 15
171	171	(7) “Nursing services” means the following items and services furnished to an inpatient in 16
172	172	a nursing facility: 17
173	173	(i) Bed and board; 18
174	174	(ii) Nursing care and other related services as are customarily furnished to inpatients 19
175	175	admitted to the nursing facility, and drugs, biologicals, supplies, appliances, and equipment for use 20
176	176	in the facility, as are customarily furnished in the facility for the care and treatment of patients; 21
177	177	(iii) Other diagnostic or therapeutic items or services, legally furnished by the facility or 22
178	178	by others under arrangements made by the facility, as are customarily furnished to inpatients either 23
179	179	by the facility or by others under such arrangement; 24
180	180	(iv) Medical services provided in the facility by the inpatient’s physician, or by an intern 25
181	181	or resident-in-training of a hospital with which the facility is affiliated or that is under the same 26
182	182	control, under a teaching program of the hospital approved as provided in subsection (6); and 27
183	183	(v) A personal-needs allowance of fifty dollars ($50.00) per month as provided pursuant to 28
184	184	§ 40-6-27(3). 29
185	185	(8) “Relative with whom the dependent child is living” means and includes the father, 30
186	186	mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, 31
187	187	uncle, aunt, first cousin, nephew, or niece of any dependent child who maintains a home for the 32
188	188	dependent child. 33
189	189	(9) “Visiting nurse service” means part-time or intermittent nursing care provided by or 34
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191	191
192	192	LC001333 - Page 6 of 7
193	193	under the supervision of a registered professional nurse other than in a hospital or nursing home. 1
194	194	SECTION 3. This act shall take effect upon passage. 2
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196	196	LC001333
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201	201	EXPLANATION
202	202	BY THE LEGISLATIVE COUNCIL
203	203	OF
204	204	A N A C T
205	205	RELATING TO HUMAN SE RVICES -- PUBLIC ASSISTANCE ACT
206	206	***
207	207	This act would adjust the state's monthly share of Supplemental Security Income to equal 1
208	208	the federal Supplemental Security Income benefit in January of that calendar year. 2
209	209	This act would take effect upon passage. 3
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211	211	LC001333
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