TITLE 40

Human services

CHAPTER 40-6

Public Assistance Act

SECTION 40-6-28



   § 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[Repealed], and subject to the limits of the annual appropriation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 §

40-6-3.1.



   (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.)