§ 40-6-28 - Interim cash assistance for people who are disabled.
SECTION 40-6-28
§ 40-6-28 Interim cash assistance forpeople who are disabled. (a) Interim cash assistance payments shall be provided to individualsdetermined by the director or his or her designee to have applied for and tohave been approved for medical assistance ("Medicaid") under Title XIX of theSocial Security Act, 42 U.S.C. § 1396 et seq., and to have applied for andto be pursuing a claim for supplemental security income benefits under TitleXVI of the Social Security Act, 42 U.S.C. § 1381 et seq.
(b) Interim cash assistance payments shall continue until therecipient of such payments receives disability benefits from the socialsecurity administration or until he or she has exhausted availableadministrative appeals. The individual may be required to present documentationthat he or she is actively pursuing his or her claim.
(c) The department is authorized and directed to makepayments of interim cash assistance to eligible recipients hereunder up to thestandards of assistance established pursuant to § 40-6-3.3[Repealed], and subject to the limits of the annual appropriationprovided in subsection (f). In the event that the annual appropriation providedfor in subsection (f) is not adequate for the provision of interim cashassistance payments to eligible individuals, the director is authorized tolimit the amount and duration of the payments.
(d) The department is authorized to determine income andresource eligibility limits for the interim cash assistance program, providedthat such limits shall be no stricter than those established pursuant to §40-6-3.1.
(e) The department is directed to promulgate regulations toimplement the interim cash assistance program including provisions to ensurerecoupment of cash assistance by the state upon a determination of arecipient's eligibility for SSI benefits by the Social Security Administration.
(f) Out of the sum appropriated to the department of humanservices for general public assistance for the state fiscal year ending June30, 1996, the sum of four hundred thousand dollars ($400,000), net ofrecoveries of disability benefits from the Social Security Administration,shall be used solely for the purposes and subject to the limitations asprovided in this section, and the state controller is hereby authorized anddirected to draw his or her order upon the general treasurer for the payment ofsuch sums or such portions thereof as may be required from time to time uponreceipt by him or her of duly authenticated vouchers. The director isauthorized to request such appropriations for subsequent state fiscal years, ashe or she deems necessary to carry out the purposes of this section.