Public Assistance Act
§ 40-6-28 Interim cash assistance for
people who are disabled.
(a) Interim cash assistance payments shall be provided to individuals
determined by the director or his or her designee to have applied for and to
have been approved for medical assistance ("Medicaid") under Title XIX of the
Social Security Act, 42 U.S.C. § 1396 et seq., and to have applied for and
to be pursuing a claim for supplemental security income benefits under Title
XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.
(b) Interim cash assistance payments shall continue until the
recipient of such payments receives disability benefits from the social
security administration or until he or she has exhausted available
administrative appeals. The individual may be required to present documentation
that he or she is actively pursuing his or her claim.
(c) The department is authorized and directed to make
payments of interim cash assistance to eligible recipients hereunder up to the
standards of assistance established pursuant to § 40-6-3.3
[Repealed], and subject to the limits of the annual appropriation
provided in subsection (f). In the event that the annual appropriation provided
for in subsection (f) is not adequate for the provision of interim cash
assistance payments to eligible individuals, the director is authorized to
limit the amount and duration of the payments.
(d) The department is authorized to determine income and
resource eligibility limits for the interim cash assistance program, provided
that such limits shall be no stricter than those established pursuant to §
(e) The department is directed to promulgate regulations to
implement the interim cash assistance program including provisions to ensure
recoupment of cash assistance by the state upon a determination of a
recipient's eligibility for SSI benefits by the Social Security Administration.
(f) Out of the sum appropriated to the department of human
services for general public assistance for the state fiscal year ending June
30, 1996, the sum of four hundred thousand dollars ($400,000), net of
recoveries of disability benefits from the Social Security Administration,
shall be used solely for the purposes and subject to the limitations as
provided in this section, and the state controller is hereby authorized and
directed to draw his or her order upon the general treasurer for the payment of
such sums or such portions thereof as may be required from time to time upon
receipt by him or her of duly authenticated vouchers. The director is
authorized to request such appropriations for subsequent state fiscal years, as
he or she deems necessary to carry out the purposes of this section.
History of Section.
(P.L. 1995, ch. 370, art. 19, § 2; P.L. 1997, ch. 326, § 127; P.L.
1999, ch. 83, § 95; P.L. 1999, ch. 130, § 95.)