TITLE 40

Human services

CHAPTER 40-6

Public Assistance Act

SECTION 40-6-27



   § 40-6-27  Supplemental security income.

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(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 shall be as follows:



   (i) Individual living alone:

$39.92      



   (ii) Individual living with others:

$51.92      



   (iii) Couple living alone:

$79.38      



   (iv) Couple living with others:

$97.30      



   (v) Individual living in state licensed assisted living

residence: $332.00      



   (vi) Individual eligible to receive Medicaid-funded long-term

services and supports and living in a Medicaid certified state licensed

assisted living residence or adult supportive care residence, as defined in

§ 23-17.24-1, participating in the program authorized under §

40-8.13-2:



   (a) with countable income above one hundred and twenty (120)

percent of poverty: up to $465.00;



   (b) with countable income at or below one hundred and twenty

(120) percent of poverty: up to the total amount established in (v) and $465:

$797



   (vii) Individual living in state licensed supportive

residential care settings that, depending on the population served, meet the

standards set by the department of human services in conjunction with the

department(s) of children, youth and families, elderly affairs and/or

behavioral healthcare, developmental disabilities and hospitals:

$300.00.      



   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. § 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; provided further, that the department of

human services is authorized and directed to provide for payments to recipients

in accordance with the above directives.



   (2) As of July 1, 2010, state supplement payments shall not

be federally administered and shall be paid directly by the department of human

services to the recipient.



   (3) 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.



   (4) Individuals living in state licensed supportive

residential care settings and assisted living residences who are receiving SSI

supplemental payments under this section who are participating in the program

under § 40-8.13-2 or otherwise 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 any monthly fees in addition to any

amounts established in an administrative rule promulgated by the secretary of

the executive office of health and human services for persons eligible to

receive Medicaid-funded long-term services and supports in the settings

identified in subsection (a)(1)(v) and (a)(1)(vi).



   (5) Except as authorized for the program authorized under

§ 40-8.13-2 to ensure that supportive residential care or an assisted

living residence is a safe and appropriate service setting, the department is

authorized and directed to make a determination of the medical need and whether

a setting provides the appropriate services for those persons who:



   (i) Have applied for or are receiving SSI, and who apply for

admission to supportive residential care setting and assisted living residences

on or after October 1, 1998; or



   (ii) Who are residing in supportive residential care settings

and assisted living residences, and who apply for or begin to receive SSI on or

after October 1, 1998.



   (6) The process for determining medical need required by

subsection (5) of this section shall be developed by the office of health and

human services in collaboration with the departments of that office and shall

be implemented in a manner that furthers the goals of establishing a statewide

coordinated long-term care entry system as required pursuant to the Medicaid

section 1115 waiver demonstration.



   (7) To assure access to high quality coordinated services,

the executive office of health and human services is further authorized and

directed to establish certification or contract standards that must be met by

those state licensed supportive residential care settings, including adult

supportive care homes and assisted living residences admitting or serving any

persons eligible for state-funded supplementary assistance under this section

or the program established under § 40-8.13-2. Such certification or

contract standards shall define:



   (i) The scope and frequency of resident assessments, the

development and implementation of individualized service plans, staffing levels

and qualifications, resident monitoring, service coordination, safety risk

management and disclosure, and any other related areas;



   (ii) The procedures for determining whether the

certifications or contract standards have been met; and



   (iii) The criteria and process for granting a one time,

short-term good cause exemption from the certification or contract standards to

a licensed supportive residential care setting or assisted living residence

that provides documented evidence indicating that meeting or failing to meet

said standards poses an undue hardship on any person eligible under this

section who is a prospective or current resident.



   (8) The certification or contract standards required by this

section or § 40-8.13-2 shall be developed in collaboration by the

departments, under the direction of the executive office of health and human

services, so as to ensure that they comply with applicable licensure

regulations either in effect or in development.



   (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.



History of Section.

(P.L. 1987, ch. 578, § 1; P.L. 1989, ch. 93, § 1; P.L. 1990, ch. 65,

art. 26, § 1; P.L. 1991, ch. 240, § 4; P.L. 1992, ch. 133, art. 53,

§ 1; P.L. 1998, ch. 31, art. 15, § 2; P.L. 1998, ch. 427, § 2;

P.L. 1999, ch. 217, § 2; P.L. 2002, ch. 65, art. 35, § 1; P.L. 2003,

ch. 103, art. 3, § 1; P.L. 2008, ch. 100, art. 26, § 1; P.L. 2009,

ch. 68, art. 18, § 1; P.L. 2010, ch. 23, art. 3, § 1; P.L. 2011, ch.

151, art. 23, § 1; P.L. 2015, ch. 141, art. 5, § 8.)