2001 --

ARTICLE 12 SUBSTITUTE A AS AMENDED

RELATING TO HUMAN SERVICES -- FAMILY INDEPENDENCE ACT

SECTION 1. Sections 40-5.1-9 and 40-5.1-19 of the General Laws in Chapter 40-5.1 entitled “Family Independence Act” are hereby amended to read as follows:

40-5.1-9. Cash assistance. – (a) Entitlement to cash assistance. A family found by the department to meet the eligibility criteria set forth in this chapter shall be entitled to receive cash assistance from the date of submitting a signed application. The family members shall be eligible for cash assistance for so long as they continue to meet the eligibility criteria and parents shall be eligible so long as they meet the terms and conditions of the work requirements of subsection (c). The monthly amount of cash assistance shall be equal to the payment standard for the family minus the countable income of the family in that month. The department is authorized to reduce the amount of assistance in the month of application to reflect the number of the days between the first (1st) day of the month and the effective date of the application.

(b) Payment standard. The payment standard is equal to the sum of the following: three hundred twenty-seven dollars ($327) (two hundred seventy-seven dollars ($277) for a family residing in subsidized housing) for the first person, one hundred twenty-two dollars ($122) for the second person, one hundred five dollars ($105) for the third person and eighty dollars ($80) for each additional person.

(c) Work requirements.(1) No more than forty-five (45) days following the date on which a family has been notified by the department in writing that it is eligible for cash assistance under the act, the department shall develop a family financial plan pursuant to § 40-5.1-5 and, unless the parent is exempt from work pursuant to paragraph (iv), the department shall assess the parent's educational and vocational abilities, and develop an individual employment plan pursuant to § 40-5.1-5. In the case of a family including two (2) parents, the department may develop an employment plan for each parent if the parents so request.

(2) The employment plan shall specify the parent's work activity and the supportive services which will be provided by the department to enable the parent to engage in the work activity.

(i) During the first twenty-four (24) months of the employment plan, the parent shall participate, for a minimum of twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6), and for a minimum of thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, in one or more of the following work activities, as appropriate, in order to help the parent obtain stable full-time paid employment:

(A) Paid employment, (including on-the-job training);

(B) A community work experience in a program which satisfies the requirements of § 40-5.1-23;

(C) A training or work readiness program approved by the department and conducted at a job site if the program involves supervised participation in work at the site;

(D) During the first six (6) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), successful participation in an approved work readiness program as defined in § 40-5.1-22;

(E) During the first three (3) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), participation in an approved rapid job placement program as defined in § 40-5.1-20;

(F) A supervised individual job search which meets the conditions set forth in § 40-5.1-21;

(G) For a parent under the age of twenty (20) without a high school diploma or the equivalent, successful participation on a full-time basis in a program to secure such diploma or the equivalent;

(H) For a parent age twenty (20) or older, without basic literacy or English literacy skills, successful participation on a full time basis in a program to secure such skills; and

(I) For a parent age twenty (20) or older (and a parent under the age of twenty (20) who has a high school degree or the equivalent or a parent under the age of twenty (20) for whom attendance at a high school is determined to be inappropriate) successful participation in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act.

(ii) Beginning with the twenty-fifth (25th) month of the employment plan, the parent shall participate in one or more of the following work activities for at least twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6) and thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older:

(A) Paid employment (including on-the-job training);

(B) A community work experience program which satisfies the requirements of § 40-5.1-23;

(C) A training program approved by the department and conducted at a job site if the program involves supervised participation in work at the site.

(iii) The following parents shall be deferred from the participation requirement in paragraph (ii):

(A) A parent under the age of twenty (20) without a high school diploma or the equivalent who is successfully participating, on a full-time basis, in a program to secure such diploma or the equivalent;

(B) A single parent age twenty (20) or older, without basic literacy or English language skills, who: (I) is participating in a full-time program but is unable to complete a literacy or language skills program during the first twenty-four (24) months of his or her employment plan, or (II) who the department has determined is unable to secure paid employment without additional language or literacy skills, and who is successfully participating in a program to secure such skills;

(C) A parent age twenty (20) years or older, who is successfully participating in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act; provided, however, that the parent began the program prior to the twenty-fifth (25th) month of his or her employment plan; provided, further, however, that participation shall not be deemed a work activity after the thirty-sixth (36th) month of the employment plan;

(D) Upon completion of any activity in subparagraphs (A)–(C), the parent shall be subject to the work activity requirements of paragraph (ii).

(iv) Paragraphs (i) and (ii) shall not apply to a single parent if (and for so long as) the department finds that he or she is:

(A) Unable to comply with the employment plan because of an illness which, on the basis of medical evidence, is serious enough to temporarily prevent work;

(B) Unable to comply with the employment plan because of a physical or mental impairment which, on the basis of medical evidence, either by itself or in conjunction with age, prevents work;

(C) Unable to comply with the employment plan because of the illness or incapacity of a minor child or spouse who requires full-time in-home care, and for whom the person is providing care;

(D) Caring for a child below the age of one; provided, however, that a minor parent without a high school diploma or the equivalent, and who is not married, shall not be exempt from subparagraph (i)(G) for more than twelve (12) weeks from the birth of the child;

(E) Sixty (60) years of age or older;

(F) A pregnant woman in her third trimester;

(G) Otherwise exempt by the department.

(v)(A) The amount of cash assistance to which an otherwise eligible family is entitled under the act, shall be reduced by the portion of the family's benefit attributable to any parent who, without good cause, has failed to enter into an individual employment plan or has failed to comply with his or her individual employment plan, as required under this chapter; provided that the reduction shall be applied during the first ~~twenty-four (24)~~ eighteen (18) months, whether or not consecutive, of such failure or non-compliance by the parent.

(B) The department shall terminate cash assistance to a family if any parent in the family has failed, without good cause, to enter into an individual employment plan or to comply with his or her individual employment plan, for ~~twenty-four (24)~~ eighteen (18) months, whether or not consecutive.

(C) For purposes of paragraph (v) the benefit reduction for a family size of two (2) shall be computed utilizing a family size of three (3).

(vi)(A) If the family's benefit has been reduced in accordance with paragraph (v)(A) for less than ~~twenty-four (24)~~ eighteen (18) months, whether or not consecutive, due to the parent's failure to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, benefits shall be restored to the full amount beginning with the initial payment made on the first of the month following the month in which the parent (1) enters into an individual employment plan and demonstrates compliance with the terms thereof, or (2) demonstrates compliance with the terms of his or her existing individual employment plan, as such plan may be amended by agreement of the parent and the department.

(B) If the family's benefit has been terminated in accordance with paragraph (v)(B) due to the failure by one or more parents to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, the family may re-apply for benefits and benefits shall be restored to the family in the full amount the family is otherwise entitled to under this chapter beginning on the first of the month following the month in which all parents in the family who are subject to the employment plan requirements under this chapter (1) enter into an individual employment plan and demonstrate compliance with the terms thereof, or (2) demonstrate compliance with the terms of the parent's individual employment plan in effect at the time of termination of benefits, as such plan may be amended by agreement of the parent and the department.

(vii) Notwithstanding paragraphs (i) and (ii) of this subsection, in the case of a family consisting of two (2) parents, (except as provided in paragraph (xi) below), beginning seven (7) days following completion of the family financial plan and the individual employment plan(s), or as soon as practical thereafter, one parent shall be engaged in work activities for at least thirty-five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are attributable to one or more of the following activities:

(A) Unsubsidized employment;

(B) Subsidized private sector employment;

(D) Work experience if sufficient private sector employment is not available;

(E) On-the-job training;

(F) Job search and job readiness assistance;

(G) Community service program;

(H) Vocational educational training (not to exceed twelve (12) months with respect to any individual); or

(I) The provision of child care services to an individual who is participating in a community service program.

Moreover, in the case of a two (2) parent family wherein one parent is engaged for at least thirty-five (35) hours per week in the work activities specified immediately above, and if the family requests child care assistance under this chapter, and an adult in the family is not disabled or caring for a severely disabled child, the second parent must be engaged in work activities during the month for not fewer than twenty (20) hours per week in one or more of the following activities:

(A) Unsubsidized employment;

(B) Subsidized private sector employment;

(D) Work experience if sufficient private sector employment is not available;

(E) On-the-job training; or

(F) Community service programs;

(viii) Paragraph (vii) shall not apply:

(A) To a parent who is ill and the department determines on the basis of medical evidence that the illness is serious enough to temporarily prevent entry into employment or engaging in the activities listed in paragraph (vii) or to provide care for his or her children; or

(B) To a parent who is incapacitated by a physical or mental impairment which the department has determined on the basis of medical evidence either by itself or in conjunction with age, prevents the individual from engaging in employment or training or providing care for his or her children; or

(C) To a parent who is providing full-time in-home care to a minor child or parent who, due to illness or incapacity, requires full-time in-home care; or

(D) If otherwise authorized by the department for cause.

(ix) If, during any month, parents required to comply with paragraph (vii) fail, without good cause to do so, the family shall be deemed for all purposes under this act to include only one parent. The parent included in the family shall be the parent which the department determines has accepted primary responsibility for child care. The parent included in the family, unless exempt pursuant to paragraph (iv), shall be required to comply with paragraphs (i) and (ii) of this subsection and shall be subject to the penalties in paragraphs (v) and (vi), as applicable, if the parent fails to do so. Notwithstanding the foregoing, in determining the amount of cash assistance to which a family is entitled under this chapter, the earnings of any parent living in the same household as a family eligible for cash assistance, shall be deemed to be earned income of the family for purposes of § 40-5.1-10(b).

(x) A parent's failure, without good cause, to accept a bona fide offer of work, including full-time, part-time and/or temporary employment, or unpaid community service, to the extent the offer of work is not inconsistent with the employment plan shall be deemed a failure to comply with this section, provided that:

(A) The parent is able to perform the work offered; and

(B) Appropriate child care (as defined in subsection (e) hereof) is made available to the parent.

(xi) A two (2) parent family that includes a disabled parent shall be considered to be a single parent family for purposes of applying the work requirements of paragraphs (i) and (ii).

(d) Child care. Notwithstanding any other provision of this section, no single parent, or both parents meeting the requirements of paragraph (vii), shall be required to work to the extent that appropriate child care is necessary for the parent to do so and the department determines that such appropriate child care is unavailable for fiscal or other reasons. For purposes of this section "appropriate child care" means child care which is provided by a person or organization qualified and authorized to provide such care by the department of children, youth, and families or such other lawful providers as determined by the department of children, youth, and families. Child care shall be considered "necessary" under this section for any child below the age of thirteen (13), or any children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment.

(e) Work expenses. The department shall provide an allowance for transportation costs necessary to comply with the employment plan, provided, however, that the amount of such reimbursement shall not exceed the sum of three dollars ($3.00) per day.

40-5.1-19. Eligibility for medical benefits. – (a) Every member of any family eligible for cash assistance under this chapter shall be categorically eligible for medical assistance through the RIte Care or RIte Share programs, as determined by the department.

(b) If a family becomes ineligible for cash assistance payments under this act on account of excess earnings from employment, the family shall continue to be eligible for medical assistance through the RIte Care or RIte Share program for a period of eighteen (18) months or until employer paid family health care coverage begins.

(c) A parent who becomes ineligible for RIte Care under this section and who is not eligible for employer paid medical coverage due to a prior existing condition, or is otherwise uninsurable as determined by the department, shall be entitled to purchase RIte Care coverage in accordance with contribution rates to be established by the department.

SECTION 2. Section 40-8.4-4 of the General Laws in Chapter 40-8.4 entitled "Health Care For Families" is hereby amended to read as follows:

40-8.4-4. Eligibility. -- (a) Medical assistance for families. - There is hereby established a category of medical assistance eligibility pursuant to section 1931 of title XIX of the Social Security Act [42 U.S.C. section 1396u-1]for families whose income and resources are no greater than the standards in effect in the aid to families with dependent children program on July 16, 1996 or such increased standards as the department may determine. The department of human services is directed to amend the medical assistance title XIX state plan and to submit to the U.S. Department of Health and Human Services an amendment to the RIte Care waiver project to provide for medical assistance coverage to families under this chapter in the same amount, scope and duration as coverage provided to comparable groups under the waiver. The department is further authorized and directed to submit such amendments and/or requests for waivers to the title XXI state plan as may be necessary to maximize federal contribution for provision of medical assistance coverage under this chapter. However, implementation of expanded coverage under this chapter shall not be delayed pending federal review of any title XXI amendment or waiver.

(b) Income. - The director of the department of human services is authorized and directed to amend the medical assistance title XIX state plan or RIte Care waiver to provide medical assistance coverage through expanded income disregards or other methodology for families whose income levels are below one hundred eighty-five percent (185%) of the federal poverty level.

(d) Waiver. - The department of human services is authorized and directed to apply for and obtain appropriate waivers from the Secretary of the U.S. Department of Health and Human Services, including, but not limited to, a waiver of the appropriate provisions of Title XIX, to require that individuals with incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level pay a share of the costs of their medical assistance coverage provided through enrollment in either the RIte Care Program or under the premium assistance program under section 40-8.4-12, in a manner and at an amount consistent with comparable cost-sharing provisions under section 40-8.4-12, provided that such cost sharing shall not exceed five percent (5%) of annual income. ;and provided, further, that cost-sharing shall not be required for pregnant women or children under age one.