Human Services

Medical Assistance

SECTION 40-8-3

§ 40-8-3. Eligibility requirements.

Medical care benefits shall be provided under this chapter to at least any person:

(1) Who has attained the age of sixty-five (65) years; or

(2) Who has no vision or whose vision is so defective as to prevent performance of ordinary activities for which eyesight is essential; or

(3) Who is at least eighteen (18) years of age and who is permanently and totally disabled; or

(4) Who is under the age of eighteen (18) years, and who has been deprived of parental support or care by reason of the death, continued absence from the home, unemployment or physical or mental incapacity of a parent (called hereafter "dependent child") and who is living with a relative in a place of residence maintained by one or more of such relatives as his or her or their own home, or is in foster boarding care; or

(5) The relative as defined in subsection (8) of § 40-8-2, with whom any such dependent child is living; provided such person:

(i) Is a resident of this state; and

(ii) Is not receiving public assistance under the provisions of § 40-5.1-9(b) or § 40-6-27; and

(iii) Is not an inmate of a public institution other than as a patient in a medical institution; and

(iv) Is not a patient in an institution for tuberculosis or mental disease, unless the person has attained the age of sixty-five (65) years; provided, however, that this clause shall become void and of no effect if and when legislation enacted by the congress of the United States shall become effective providing for payments for medical care on behalf of persons who have not attained the age of sixty-five (65) years who are patients in an institution for tuberculosis or mental disease; and

(v) Has insufficient income and resources. The department shall establish income and resource rules, regulations, and limits in accordance with Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as applicable to the medically needy only applicants and recipients. The income limits established by the department must be more than the AFDC standard in effect on July 16, 1996 under the Rhode Island state plan approved under part A of Title IV of the federal Social Security Act but shall not be more than one hundred thirty-three and one-third percent ( 1331 / 3% ) of the AFDC standard in effect on July 16, 1996 under the Rhode Island state plan approved under part A of Title IV of the federal Social Security Act; provided, however, that subject to the maximum percentage increase allowable under § 1931(b)(2)(B), the department shall increase the income limits on July 1, 1999 by six and six tenths percent (6.6%), and on January 1, of each year commencing in the year 2000 by a percentage equal to the annual federal adjustment percentage as determined under the provisions of Title XVI of the federal Social Security Act. The department shall establish resource limits equal to two thousand dollars ($2,000) for an individual and three thousand dollars ($3,000) for a family. Provided, however, the department shall apply to the United States Department of Health and Human Services for a waiver relating to application of the reduced resource limit, and subject to the granting of the waiver by the secretary of the United States Department of Health and Human Services, the resource limit shall be applied to all applicants who: (A) become eligible for benefits under this chapter on or after the effective date of this amendment and (B) who were not receiving benefits under this chapter prior to July 1, 1993. In the event the secretary does not approve the waiver request, the current department regulations relating to resource limits shall remain in effect for all eligible beneficiaries.

For the purposes of this subsection a vehicle necessary to transport a family member with a disability, where the vehicle is specially equipped to meet the specific needs of the person with a disability or if the vehicle is a special type of vehicle that makes it possible to transport the person with the disability shall not be counted as resources of the applicants and recipients.

History of Section.
(P.L. 1966, ch. 266, § 2; G.L. 1956, § 40-10.1-3; Reorg. Plan No. 1, 1970; P.L. 1978, ch. 249, § 1; P.L. 1983, ch. 3, art. 3, § 1; P.L. 1989, ch. 53, § 1; P.L. 1990, ch. 65, art. 27, § 1; P.L. 1993, ch. 138, art. 21, § 2; P.L. 1996, ch. 129, § 19; P.L. 1996, ch. 131, § 19; P.L. 1996, ch. 132, § 19; P.L. 1996, ch. 133, § 19; P.L. 1998, ch. 72, § 2; P.L. 1999, ch. 31, art. 14, § 1.)