Section 167:3-j Aid to the Permanently and Totally Disabled; Duration of Impairment.
I. The department of health and human services may change the minimum duration of impairment for aid to the permanently and totally disabled (APTD) from 48 months to 12 months upon approval of the fiscal committee of the general court, under the following conditions:
(a) This change results in a net general fund cost savings.
(b) Eligibility for APTD shall be based on a determination of disability as defined in Title II, Social Security Disability Insurance (SSDI), and Title XVI, Supplemental Security Income (SSI), of the Social Security Act, as amended.
(c) A determination of disability by the Social Security Administration or any other federal agency, including the Railroad Retirement Board, using the SSI and SSDI criteria, shall constitute a determination of disability for purposes of APTD.
(d) Applicants for APTD cash assistance shall be recipients of SSI, if eligible therefor.
(e) For persons applying for APTD and SSI, eligibility for both programs shall be determined using the medical and financial eligibility criteria of the SSI program, through a single disability determination process.
(f) As of the date the department implements the 12-month standard and other provisions of this paragraph, all persons who have been determined by the department to be disabled under the 48-month durational standard and are eligible for APTD and who have not been determined to be disabled by the Social Security Administration or other federal agency using the SSI/SSDI standard, shall remain eligible for APTD if they have active and pending applications for or appeals of denials of SSI, SSDI, or any other federal program utilizing the SSI/ SSDI standard, through the level of the Social Security Appeals Council, provided they meet all other eligibility criteria.
(g) Applicants shall have all appeal rights provided in state and federal law.
II. The commissioner of health and human services is authorized to enter into agreements with agencies of the state or federal government to administer any or all parts of the aid to the permanently and totally disabled (APTD) program, including an agreement with the Social Security Administration in accordance with accordance with section 1634(a) of the Social Security Act, to the extent such agreements would allow for more cost effective or efficient administration of the program. The department shall implement the most cost-effective organizational and management structure and operational processes, with prior approval of the fiscal committee of the general court, which may include organizational and contractual changes including management responsibility for SSI and SSDI eligibility determinations.
III. If the department of health and human services adopts a 12-month standard in accordance with this section, the department may apply any net savings realized from implementing this standard to meet required appropriation reductions for the department contained in the state's operating budget for the biennium ending June 30, 2011. The department shall estimate net savings based on expenditures for aid to the permanently and totally disabled grants as compared to amounts budgeted in fiscal year 2010 and 2011 for this purpose, net of any increases in Medicaid medical assistance and prescription costs resulting from this change. The department shall provide quarterly reports to the fiscal committee of the general court relative to any net savings realized from the implementation of this section.
Source. 2009, 144:284, eff. July 1, 2009.