ARTICLE 26 SUBSTITUTE A

Relating To Supplemental Security Income

SECTION 1. Section 40-6-27 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" is hereby amended to read as follows:

40-6-27. Supplemental security income. -- (a)(1) The director of the department is hereby authorized to enter into agreements on behalf of the state with the secretary of the Department of Health and Human Services or other appropriate federal officials, under the supplementary and security income (SSI) program established by title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration and determination of eligibility for SSI benefits for residents of this state, except as otherwise provided in this section. The state's monthly share of supplementary assistance to the supplementary security income program effective January 1, 2003, shall be as follows:

Individual living alone: $ 57.35

Individual living with others: 69.94

Couple living alone: 108.50

Couple living with others: 128.50

Individual living in state licensed residential care and assisted living facilities 575.00

Provided, however, that the department of human services shall by regulation reduce, effective January 1, 2009, the state's monthly share of supplementary assistance to the supplementary security income program for each of the above listed payment levels, by the same value as the annual federal cost of living adjustment to be published by the federal social security administration in October 2008 and becoming effective on January 1, 2009, as determined under the provisions of title XVI of the federal social security act [42 U.S.C. Section 1381 et seq.]; and provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in the state's monthly share shall not cause a reduction in the combined federal and state payment level for each category of recipients in effect in the month of December 2008; and provided further, that the department of human services is authorized and directed to provide for payments to recipients in accordance with the above directives beginning January 1, 2009 pending formal revisions to the above table of payment levels by the general assembly during the 2009 session of the general assembly.

(2) Individuals living in institutions shall receive a twenty dollar ($20.00) per month personal needs allowance from the state which shall be in addition to the personal needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq.

   (3) Individuals living in state licensed residential care and assisted living facilities who are receiving SSI shall be allowed to retain a minimum personal needs allowance of fifty-five dollars ($55.00) per month from their SSI monthly benefit prior to payment of the residential care and assisted living facility monthly fee.

   (4) The department is authorized and directed to establish rules for screening and assessment procedures and eligibility criteria for those persons who:

   (i) Have applied for or are receiving SSI, and who apply for admission to residential care and assisted living facilities on or after October 1, 1998; or

   (ii) Who are residing in residential care and assisted living facilities, and who apply for or begin to receive SSI on or after October 1, 1998.

   (5) The department shall collaborate with the department of elderly affairs to design and implement the screening and assessment procedures as required in the above section.

   (b) The department is authorized and directed to provide additional assistance to individuals eligible for SSI benefits for:

   (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature which is defined as a fire or natural disaster; and

   (2) Lost or stolen SSI benefit checks or proceeds of them; and

   (3) Assistance payments to SSI eligible individuals in need because of the application of federal SSI regulations regarding estranged spouses; and the department shall provide such assistance in a form and amount, which the department shall by regulation determine.

SECTION 2. This article shall take effect upon passage.