Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0535 Compare Versions

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

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5	5	2023 -- S 0535
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7	7	LC002175
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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: Senators Lawson, Miller, DiMario, Acosta, Euer, Britto, Lauria, Murray,
17	17	DiPalma, and Felag
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Finance
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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 $79.92 11
34	34	(ii) Individual living with others: $51.92 $97.92 12
35	35	(iii) Couple living alone: $79.38 $119.38 13
36	36	(iv) Couple living with others: $97.30 $137.30 14
37	37	(v) Individual living in state-licensed assisted-living 15
38	38	residence: $332.00 16
39	39	(vi) [Deleted by P.L. 2021, ch. 162, art. 12, § 1.] 17
40	40	(vii) Individual living in state-licensed supportive residential-care settings that, depending 18
41	41	on the population served, meet the standards set by the department of human services in conjunction 19
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44	44	LC002175 - Page 2 of 5
45	45	with the department of children, youth and families, the office of healthy aging, and/or the 1
46	46	department of behavioral healthcare, developmental disabilities and hospitals: $300.00. 2
47	47	Provided, however, that the department of human services shall, by regulation, reduce, 3
48	48	effective January 1, 2009, the state’s monthly share of supplementary assistance to the 4
49	49	Supplemental Security Income (SSI) program for each of the above-listed payment levels, by the 5
50	50	same value as the annual federal cost of living adjustment to be published by the federal Social 6
51	51	Security Administration in October 2008 and becoming effective on January 1, 2009, as determined 7
52	52	under the provisions of Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq.; and 8
53	53	provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in 9
54	54	the state’s monthly share shall not cause a reduction in the combined federal and state payment 10
55	55	level for each category of recipients in effect in the month of December 2008; provided further, 11
56	56	that the department of human services is authorized and directed to provide for payments to 12
57	57	recipients in accordance with the above directives. 13
58	58	(viii) Beginning July 1, 2024, and annually thereafter, the per-month state supplemental 14
59	59	payment allowance from the state for individuals and couples living alone or with others, that is in 15
60	60	addition to the Supplemental Security Income allowed by the Title XVI of the Social Security Act, 16
61	61	42 U.S.C. § 1381 et seq., shall increase by the same percentage increase, if any, in the most recent 17
62	62	calendar year average in the consumer price index for urban consumers over the average for the 18
63	63	previous calendar year. 19
64	64	(2) As of July 1, 2010, state supplement payments shall not be federally administered and 20
65	65	shall be paid directly by the department of human services to the recipient. 21
66	66	(3)(i) Effective July 1, 2023, Individuals individuals living in institutions shall receive a 22
67	67	twenty-dollar ($20.00) forty-five dollar ($45.00) per-month personal needs allowance from the 23
68	68	state that shall be in addition to the personal needs allowance allowed by the Social Security Act, 24
69	69	42 U.S.C. § 301 et seq. 25
70	70	(ii) Beginning July 1, 2024, and annually thereafter, the per-month personal needs 26
71	71	allowance from the state, that is in addition to the personal needs allowance allowed by the Social 27
72	72	Security Act, 42 U.S.C. § 301 et seq., shall increase by the same percentage increase, if any, in the 28
73	73	most recent calendar year average in the consumer price index for urban consumers over the 29
74	74	average for the previous calendar year. 30
75	75	(4) Individuals living in state-licensed supportive residential-care settings and assisted-31
76	76	living residences who are receiving SSI supplemental payments under this section shall be allowed 32
77	77	to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their 33
78	78	SSI monthly benefit prior to payment of any monthly fees in addition to any amounts established 34
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82	82	in an administrative rule promulgated by the secretary of the executive office of health and human 1
83	83	services for persons eligible to receive Medicaid-funded long-term services and supports in the 2
84	84	settings identified in subsection (a)(1)(v). 3
85	85	(5) The department is authorized and directed to make a determination of the medical need 4
86	86	and whether a setting provides the appropriate services for those persons who: 5
87	87	(i) Have applied for or are receiving SSI, and who apply for admission to supportive 6
88	88	residential-care settings and assisted-living residences on or after October 1, 1998; or 7
89	89	(ii) Who are residing in supportive residential-care settings and assisted-living residences, 8
90	90	and who apply for or begin to receive SSI on or after October 1, 1998. 9
91	91	(6) The process for determining medical need required by subsection (a)(5) of this section 10
92	92	shall be developed by the executive office of health and human services in collaboration with the 11
93	93	departments of that office and shall be implemented in a manner that furthers the goals of 12
94	94	establishing a statewide coordinated long-term-care entry system as required pursuant to the 13
95	95	Medicaid section 1115 waiver demonstration. 14
96	96	(7) To assure access to high-quality, coordinated services, the executive office of health 15
97	97	and human services is further authorized and directed to establish certification or contract standards 16
98	98	that must be met by those state-licensed supportive residential-care settings, including adult 17
99	99	supportive-care homes and assisted-living residences admitting or serving any persons eligible for 18
100	100	state-funded supplementary assistance under this section. The certification or contract standards 19
101	101	shall define: 20
102	102	(i) The scope and frequency of resident assessments, the development and implementation 21
103	103	of individualized service plans, staffing levels and qualifications, resident monitoring, service 22
104	104	coordination, safety risk management and disclosure, and any other related areas; 23
105	105	(ii) The procedures for determining whether the certifications or contract standards have 24
106	106	been met; and 25
107	107	(iii) The criteria and process for granting a one-time, short-term good-cause exemption 26
108	108	from the certification or contract standards to a licensed supportive residential-care setting or 27
109	109	assisted-living residence that provides documented evidence indicating that meeting, or failing to 28
110	110	meet, the standards poses an undue hardship on any person eligible under this section who is a 29
111	111	prospective or current resident. 30
112	112	(8) The certification or contract standards required by this section shall be developed in 31
113	113	collaboration by the departments, under the direction of the executive office of health and human 32
114	114	services, so as to ensure that they comply with applicable licensure regulations either in effect or 33
115	115	in development. 34
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119	119	(b) The department is authorized and directed to provide additional assistance to 1
120	120	individuals eligible for SSI benefits for: 2
121	121	(1) Moving costs or other expenses as a result of an emergency of a catastrophic nature, 3
122	122	which is defined as a fire or natural disaster; and 4
123	123	(2) Lost or stolen SSI benefit checks or proceeds of them; and 5
124	124	(3) Assistance payments to SSI-eligible individuals in need because of the application of 6
125	125	federal SSI regulations regarding estranged spouses; and the department shall provide the 7
126	126	assistance in a form and amount that the department shall by regulation determine. 8
127	127	SECTION 2. This act shall take effect upon passage. 9
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134	134	EXPLANATION
135	135	BY THE LEGISLATIVE COUNCIL
136	136	OF
137	137	A N A C T
138	138	RELATING TO HUMAN SE RVICES -- PUBLIC ASSISTANCE ACT
139	139	***
140	140	This act would increase the rates of the state’s monthly share of supplemental assistance to 1
141	141	individuals and couples living alone or with others. This act would also increase the state 2
142	142	supplemental income allowance and personal needs allowance by the same percentage, if any, in 3
143	143	the most recent calendar year average in the consumer price index for urban consumers over the 4
144	144	average for the previous calendar year. 5
145	145	This act would take effect upon passage. 6
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