71-3-155 - Rules and regulations Deductions Reports to governor and general assembly Miscellaneous provisions.
71-3-155. Rules and regulations Deductions Reports to governor and general assembly Miscellaneous provisions.
(a) In determining eligibility under § 71-3-154 for, and amounts of, grants under the temporary assistance program, the department of human services shall adopt rules and regulations establishing a standard of need that reflects the true cost of the following, less any discounts for other sources of assistance provided for in subsection (b):
(1) Safe, healthful housing;
(2) Minimum clothing for health and decency;
(3) A low cost adequate food budget as recommended by the United States department of agriculture's thrifty food plan;
(4) An allowance for essential medical care; and
(5) Other necessary items including, but not limited to, transportation, personal care and educational expenses.
(b) The department shall deduct from the costs determined in subsection (a) the value of the following:
(1) Housing assistance programs;
(2) Food coupons or food stamps or food assistance under chapter 5, part 3 of this title; and
(3) TennCare or medicaid.
(c) The commissioner shall report to the governor and the general assembly no later than October 1 of each year regarding projected annual adjustments to the standard of need necessitated by changes in the costs and benefits described in subsections (a) and (b). The report of the commissioner shall also contain:
(1) An estimate of the percentage of the adjusted standard of need that could be paid if the appropriation for the next fiscal year were to remain constant;
(2) An estimate of the cost of paying the same percentage of the standard of need considering necessary adjustments in such standard of need;
(3) The recommendation of the commissioner as to the percentage of the adjusted standard of need that should be paid in the next fiscal year and the cost of that adjusted standard of need; and
(4) Any other relevant information that would be helpful to the governor and the general assembly in making decisions concerning the temporary assistance program.
(d) Any amount of earned income in an aid-to-the-blind case, as provided in § 71-4-105, and any other income required by federal statutes to be exempt in determining need, shall be exempt and shall not be considered as a resource in determining the amount of assistance to be paid to any person under this part.
(e) The standard of need for each fiscal year shall be established by rule on July 1 of each year in accordance with subsections (a) and (b).
(f) (1) The department of human services shall conduct a temporary assistance client characteristics study at least once every three (3) years. The study shall be conducted either by contract or within the department and shall be completed prior to any review, required by federal regulation, of the temporary assistance standard of need and temporary assistance grant payments.
(2) The maximum grants for the temporary assistance program, expressed as a percentage of the standard of need, shall be established either in the annual appropriations act or by rule. Notwithstanding any provision of this section or other law to the contrary, the standard of need for each assistance group size, which was established and funded at five hundred eighty-three dollars ($583) for an assistance group size of three (3) persons for fiscal year 1995-1996 and was set accordingly for other assistance group sizes, shall be increased to six hundred seventy-seven dollars ($677) for an assistance group size of three (3) persons, and shall be set accordingly for other assistance group sizes for fiscal year 1996-1997; provided, that, during the fiscal year beginning July 1, 1996, the commissioner of human services may, with the concurrence of the commissioner of finance and administration, reduce the standard of need to the level established in this section for the year ending June 30, 1996, based upon a showing that the increased standard of need is having a substantial unforeseen adverse impact on the temporary assistance budget. Upon seeking the required concurrence of the commissioner of finance and administration with regard to any such proposed reduction in the standard of need, the commissioner of human services shall simultaneously submit written notification of such proposed reduction to the chair of the finance, ways and means committee of the senate and to the chair of the finance, ways and means committee of the house of representatives.
(g) In determining eligibility under § 71-3-154, the department shall adopt rules that use the standard of need less any exemption provided by subsection (d) to determine eligibility for amounts of grants. Such rules shall be adopted in a manner in which the maximum amount of child support and other income may be provided to the family and children without loss of grant and medicaid benefits.
[Acts 1996, ch. 950, § 6.]