2012 -- S 2795

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LC02175

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HUMAN SERVICES - PUBLIC ASSISTANCE ACT

     Introduced By: Senators Moura, Cote, Shibley, Ottiano, and Pinga

     Date Introduced: March 21, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-6-3.1 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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     40-6-3.1. Eligibility for general public assistance. -- (a) The state, acting by and

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through the department, shall provide assistance (in the form specified in section 40-6-3.2) to

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residents of the state found by the department in accordance with this chapter and rules and

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regulations of the department to be eligible for general public assistance; provided further, that

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benefits under this program shall be provided only to residents who are citizens of the United

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States or aliens lawfully admitted for permanent residence or otherwise permanently residing in

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the United States under color of law, and benefits shall not be provided to illegal or

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undocumented aliens.

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      (b) Individuals eligible for GPA.

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      (1) General public assistance shall be provided to the following individuals and families

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provided all other eligibility requirements of this chapter are met:

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      (2) Individuals age eighteen (18) or older, provided that they do not have a dependent

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child who is living in his or her home, and provided that they are determined by the department in

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accordance with this chapter and departmental regulations to be suffering from an illness, injury,

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or medical condition as determined by physical examination by a licensed physician, that is

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reasonably expected to last for a period of at least thirty (30) days from the date the application

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for general public assistance is filed with the department, and which precludes the individual

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from working. The illness, injury, or medical condition may be based on a primary diagnosis of

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alcoholism or substance abuse. The total physical or mental incapacity shall be verified by a

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medical practitioner and/or a qualified substance abuse counselor designated by the department,

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within forty-five (45) days of the date the individual is found by the department to be totally

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incapacitated. If total physical or mental incapacity cannot be reasonably verified then the

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individual shall not be eligible for general public assistance under this subsection.

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      (3) The department shall provide an application for medical assistance (Medicaid)

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benefits to each applicant for general public assistance and shall use a uniform medical form for

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both programs to secure information from the applicant's treating physician. A decision on the

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application for general public assistance shall be made within thirty (30) days of receipts of a

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completed application.

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      (4) Individuals found eligible on the basis of illness, injury, or medical condition under

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this subsection (b) shall be eligible for assistance only in the forms specified in section 40-6-

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3.2(a)(2) and (a)(3), and only for an initial period of up to six (6) months, renewable for a period

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of up to an additional six (6) months. In order to receive assistance for a period greater than

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twelve (12) months, individuals must reapply for general public assistance.

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      (c) Resources. - Ownership of real or personal property shall disqualify individuals from

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receiving general public assistance; provided, however, that the following property or resources

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owned by such individuals shall be exempted:

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      (1) A home occupied by such individuals;

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      (2) One motor vehicle having an equity value not exceeding four thousand six hundred

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fifty dollars ($4,650) or a vehicle necessary to transport a family member with a disability, where

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the vehicle is specially equipped to meet the specific needs of the person with a disability or if the

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vehicle is a special type of vehicle that makes it possible to transport the person with the

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disability;

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      (3) Cash or liquid assets not exceeding four hundred dollars ($400);

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      (4) Such tools of the trade not to exceed an aggregate value of one thousand dollars

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($1,000) and household furnishings and effects as the director shall determine by regulation.

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      (d) (1) (i) Income. - Income shall not disqualify an individual from receiving general

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public assistance provided that the income as defined and determined by the department is within

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the income limitations established by the regulations of the department.

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      (ii) Pursuant to the purposes set forth in section 40-6-3 and notwithstanding the

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provisions of section 40-6-3.3 [Repealed] individuals found ineligible for cash assistance under

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chapter 5.1 of this title due to provisions of the chapter regarding alien sponsors, the deeming of

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alien sponsor income or the deeming of stepparent income, shall not be eligible for general public

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assistance.

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      (2) Notwithstanding the provisions of section 40-6-3.3 [Repealed] the receipt of lump

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sum income shall disqualify an individual from receiving general public assistance.

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      (3) The department shall promulgate rules and regulations regarding the treatment of

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lump sum income.

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      (e) Postsecondary education. - (1) An individual age eighteen (18) or older, attending a

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school, college, or university as a full-time student or attending a full-time program of vocational

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or technical training, all beyond the level of secondary education, shall not be eligible for general

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public assistance under this chapter, excepting however those individuals active as students with

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the department's vocational rehabilitation programs who have been certified as unemployable by

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the department.

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      (2) Notwithstanding the foregoing prohibition, an individual, age eighteen (18) or older,

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pursuing a course of study on a part-time basis beyond the level of secondary education, may be

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eligible for general public assistance, provided the student remains available for and is actively

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seeking employment, and provided that the individual meets all other eligibility requirements for

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general public assistance pursuant to this chapter.

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      (f) Cooperation in applying for SSI and medical assistance. - All applicants and

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recipients of general public assistance shall, within thirty (30) days of application for general

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public assistance or notice from the department, be required to apply for and cooperate in the

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determination for benefits under the federal supplemental security income (SSI) program and/or

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medical assistance, as provided pursuant to title XIX of the Social Security Act, 42 U.S.C. section

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1396 et seq., provided the applicant or recipient is determined by the department to be potentially

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eligible for benefits.

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      (g) Report of income or resources by recipients. - If, at any time during the receipt of

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general public assistance, the recipient thereof becomes possessed of income or resources in

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excess of the amount previously reported by him or her, it shall be his or her duty and a condition

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of eligibility to notify the department of this fact immediately on the receipt or possession of

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additional income or resources.

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      (h) Limitations. Notwithstanding any other provisions of the general laws to the

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contrary, the amount of general public assistance paid to a female recipient shall be capped or

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limited at the amount said recipient is eligible for at her initial application for assistance. If the

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same recipient has additional children after the benefit determination has been made, the amount

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of general public assistance shall not be increased because of said additional children.

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     SECTION 2. This act shall take effect upon passage.

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LC02175

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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 limit the amount of public assistance paid to a female recipient at the

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amount she is eligible to receive at the time she makes her initial application for general public

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assistance.

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     This act would take effect upon passage.

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LC02175

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