§ 40-6-27 - Supplemental security income.
SECTION 40-6-27
§ 40-6-27 Supplemental security income.– (a) The director of the department is hereby authorized to enter intoagreements on behalf of the state with the secretary of the Department ofHealth and Human Services or other appropriate federal officials, under thesupplementary and security income (SSI) program established by title XVI of theSocial Security Act, 42 U.S.C. § 1381 et seq., concerning theadministration and determination of eligibility for SSI benefits for residentsof this state, except as otherwise provided in this section. The state'smonthly share of supplementary assistance to the supplementary security incomeprogram effective January 1, 2003, shall be as follows:
(i) Individual living alone:$57.35
(ii) Individual living with others:$69.94
(iii) Couple living alone:$108.50
(iv) Couple living with others:$128.50
(v) Individual living in state licensed assisted livingresidence: $575.00
(vi) Individual living in state licensed supportiveresidential care settings that, depending on the population served, meet thestandards set by the department of human services in conjunction with thedepartment(s) of children, youth and families, elderly affairs and/or mentalhealth, retardation and hospitals: $300.00.
Provided, however, that the department of human servicesshall by regulation reduce, effective January 1, 2009, the state's monthlyshare of supplementary assistance to the supplementary security income programfor each of the above listed payment levels, by the same value as the annualfederal cost of living adjustment to be published by the federal socialsecurity administration in October 2008 and becoming effective on January 1,2009, as determined under the provisions of title XVI of the federal socialsecurity act [42 U.S.C. § 1381 et seq.]; and provided further,that it is the intent of the general assembly that the January 1, 2009reduction in the state's monthly share shall not cause a reduction in thecombined federal and state payment level for each category of recipients ineffect in the month of December 2008; provided further, that the department ofhuman services is authorized and directed to provide for payments to recipientsin accordance with the above directives beginning January 1, 2009 pendingformal revisions to the above table of payment levels by the general assemblyduring the 2009 session of the general assembly; and provided, further, forindividuals receiving residential services through the Division ofDevelopmental Disabilities, the Department of Mental Health, Retardation andHospitals shall provide the state supplement to the residential servicesprovider.
(2) Individuals living in institutions shall receive a twentydollar ($20.00) per month personal needs allowance from the state which shallbe in addition to the personal needs allowance allowed by the Social SecurityAct, 42 U.S.C. § 301 et seq.
(3) Individuals living in state licensed supportiveresidential care settings and assisted living residences who are receiving SSIshall be allowed to retain a minimum personal needs allowance of fifty-fivedollars ($55.00) per month from their SSI monthly benefit prior to payment ofany monthly fees.
(4) To ensure that supportive residential care or an assistedliving residence is a safe and appropriate service setting, the department isauthorized and directed to make a determination of the medical need and whethera setting provides the appropriate services for those persons who:
(i) Have applied for or are receiving SSI, and who apply foradmission to supportive residential care setting and assisted living residenceson or after October 1, 1998; or
(ii) Who are residing in supportive residential care settingsand assisted living residences, and who apply for or begin to receive SSI on orafter October 1, 1998.
(5) The process for determining medical need required bysubsection (4) of this section shall be developed by the office of health andhuman services in collaboration with the departments of that office and shallbe implemented in a manner that furthers the goals of establishing a statewidecoordinated long-term care entry system as required pursuant to the GlobalConsumer Choice Compact Waiver.
(6) To assure access to high quality coordinated services,the department is further authorized and directed to establish rules specifyingthe payment certification standards that must be met by those state licensedsupportive residential care settings and assisted living residences admittingor serving any persons eligible for state-funded supplementary assistance underthis section. Such payment certification standards shall define:
(i) The scope and frequency of resident assessments, thedevelopment and implementation of individualized service plans, staffing levelsand qualifications, resident monitoring, service coordination, safety riskmanagement and disclosure, and any other related areas;
(ii) The procedures for determining whether the paymentcertifications standards have been met; and
(iii) The criteria and process for granting a one time,short-term good cause exemption from the payment certification standards to alicensed supportive residential care setting or assisted living residence thatprovides documented evidence indicating that meeting or failing to meet saidstandards poses an undue hardship on any person eligible under this section whois a prospective or current resident.
(7) The payment certification standards required by thissection shall be developed in collaboration by the departments, under thedirection of the executive office of health and human services, so as to ensurethat they comply with applicable licensure regulations either in effect or indevelopment.
(b) The department is authorized and directed to provideadditional assistance to individuals eligible for SSI benefits for:
(1) Moving costs or other expenses as a result of anemergency of a catastrophic nature which is defined as a fire or naturaldisaster; and
(2) Lost or stolen SSI benefit checks or proceeds of them; and
(3) Assistance payments to SSI eligible individuals in needbecause of the application of federal SSI regulations regarding estrangedspouses; and the department shall provide such assistance in a form and amount,which the department shall by regulation determine.