Rhode Island 2023 Regular Session

Rhode Island House Bill H5994 Compare Versions

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

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5	5	2023 -- H 5994
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7	7	LC002260
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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 -- MEDICAL ASSISTANCE
16	16	Introduced By: Representatives Morales, Caldwell, Vella-Wilkinson, Sanchez, Potter,
17	17	Giraldo, Felix, Henries, Speakman, and Donovan
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 40-8-3 of the General Laws in Chapter 40-8 entitled "Medical 1
24	24	Assistance" is hereby amended to read as follows: 2
25	25	40-8-3. Eligibility requirements. 3
26	26	Medical care benefits shall be provided under this chapter to at least any person: 4
27	27	(1) Who has attained the age of sixty-five (65) years; or 5
28	28	(2) Who has no vision or whose vision is so defective as to prevent performance of ordinary 6
29	29	activities for which eyesight is essential; or 7
30	30	(3) Who is at least eighteen (18) years of age and who is permanently and totally disabled; 8
31	31	or 9
32	32	(4) Who is under the age of eighteen (18) years, and who has been deprived of parental 10
33	33	support or care by reason of the death, continued absence from the home, unemployment, or 11
34	34	physical or mental incapacity of a parent (called hereafter “dependent child”) and who is living 12
35	35	with a relative in a place of residence maintained by one or more of these relatives as his or her or 13
36	36	their own home, or is in foster boarding care; or 14
37	37	(5) The relative as defined in subsection (8) of § 40-8-2, with whom the dependent child is 15
38	38	living; provided the person: 16
39	39	(i) Is a resident of this state; and 17
40	40	(ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) [repealed] or § 18
41	41	40-6-27; and 19
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45	45	(iii) Is not an inmate of a public institution other than as a patient in a medical institution; 1
46	46	and 2
47	47	(iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person 3
48	48	has attained the age of sixty-five (65) years; provided, however, that this clause shall become void 4
49	49	and of no effect if and when legislation enacted by the Congress of the United States shall become 5
50	50	effective providing for payments for medical care on behalf of persons who have not attained the 6
51	51	age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and 7
52	52	(v) Has insufficient income and resources. The department shall establish income and 8
53	53	resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security 9
54	54	Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients. 10
55	55	The income limits established by the department must be more than the AFDC standard in effect 11
56	56	on July 16, 1996, under the Rhode Island state plan approved under part A of Title IV of the federal 12
57	57	Social Security Act, 42 U.S.C. § 601 et seq., but shall not be more than one hundred thirty-three 13
58	58	and one-third percent (133⅓%) of the AFDC standard in effect on July 16, 1996, under the Rhode 14
59	59	Island state plan approved under part A of Title IV of the federal Social Security Act; provided, 15
60	60	however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the 16
61	61	department shall increase the income limits on July 1, 1999, by six and six-tenths percent (6.6%), 17
62	62	and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual 18
63	63	federal adjustment percentage as determined under the provisions of Title XVI of the federal Social 19
64	64	Security Act, 42 U.S.C. § 1381 et seq. The department shall establish resource limits equal to two 20
65	65	thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family. 21
66	66	Provided, however, the department shall apply to the United States Department of Health and 22
67	67	Human Services for a waiver relating to application of the reduced resource limit, and subject to 23
68	68	the granting of the waiver by the Secretary of the United States Department of Health and Human 24
69	69	Services, the resource limit shall be applied to all applicants who: (A) Become eligible for benefits 25
70	70	under this chapter on or after the effective date of this amendment and (B) Who were not receiving 26
71	71	benefits under this chapter prior to July 1, 1993. In the event the secretary does not approve the 27
72	72	waiver request, the current department regulations relating to resource limits shall remain in effect 28
73	73	for all eligible beneficiaries. 29
74	74	For the purposes of this section, an increase in a recipient’s income due solely to a cost-of-30
75	75	living adjustment to Social Security and Railroad Retirement payments, shall be disregarded when 31
76	76	determining the recipient’s eligibility for medical assistance. 32
77	77	For the purposes of this subsection, a vehicle necessary to transport a family member with 33
78	78	a disability, where the vehicle is specially equipped to meet the specific needs of the person with a 34
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82	82	disability or if the vehicle is a special type of vehicle that makes it possible to transport the person 1
83	83	with the disability, shall not be counted as resources of the applicants and recipients. 2
84	84	SECTION 2. Section 40-6-8 of the General Laws in Chapter 40-6 entitled "Public 3
85	85	Assistance Act" is hereby amended to read as follows: 4
86	86	40-6-8. Supplemental nutrition assistance program (SNAP). 5
87	87	(a) The department shall have the responsibility to administer the food stamp program for 6
88	88	the state in compliance with the provisions of the federal Food Stamp Act of 1964, as amended, 7 7
89	89	U.S.C. § 2011 et seq. The supplemental nutrition assistance program (SNAP) is and shall be the 8
90	90	new title of the program formerly known as the food stamp program. All references in the Rhode 9
91	91	Island general laws to food stamps shall be deemed to mean, apply to, refer to, and be interpreted 10
92	92	in accordance with the supplemental nutrition assistance program (SNAP). 11
93	93	(b) The department is empowered and authorized to submit its plan for food stamps to the 12
94	94	federal government, or any agency or department of it, as follows: 13
95	95	(1) The department shall act for the state in any negotiations relative to the submission and 14
96	96	approval of a plan, and may make any arrangement or changes in its plan not inconsistent with this 15
97	97	chapter that may be required by the Food Stamp Act or the rules and regulations promulgated 16
98	98	pursuant to it to obtain and retain such approval and to secure for this state the benefits of the 17
99	99	provisions of the federal act relating to food stamps; 18
100	100	(2) The department shall make reports to the federal government, or any agency or 19
101	101	department of it, in the form and nature required by it, and in all respects comply with any request 20
102	102	or direction of the federal government, or any agency or department of it, that may be necessary to 21
103	103	assure the correctness and verification of the reports; and 22
104	104	(3) The department shall develop a plan to streamline the application, certification, and 23
105	105	recertification process for SNAP beneficiaries aged sixty (60) years and over. 24
106	106	(c) The department is authorized and directed to pay one hundred percent (100%) of the 25
107	107	state’s share of the administrative cost involved in the operation of the food stamp program. 26
108	108	(d) No person shall be ineligible for food stamp benefits due solely to the restricted 27
109	109	eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work 28
110	110	Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193), 21 U.S.C. § 862a(a)(2), and as this 29
111	111	section may hereafter be amended. 30
112	112	(e) For the purposes of this section, an increase in a person’s income due solely to a cost-31
113	113	of-living adjustment to Social Security and Railroad Retirement payments, shall be disregarded 32
114	114	when determining the recipient’s eligibility for SNAP benefits. 33
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118	118	SECTION 3. This act shall take effect upon passage. 1
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120	120	LC002260
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125	125	EXPLANATION
126	126	BY THE LEGISLATIVE COUNCIL
127	127	OF
128	128	A N A C T
129	129	RELATING TO HUMAN SE RVICES -- MEDICAL ASSISTANCE
130	130	***
131	131	This act would disregard an increase in a recipient’s income due solely to a cost-of-living 1
132	132	adjustment to Social Security and Railroad Retirement payments, when determining the recipient’s 2
133	133	eligibility for medical assistance and supplemental nutrition assistance program (SNAP) benefits. 3
134	134	This act would take effect upon passage. 4
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136	136	LC002260
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