§ 40-8-3 Eligibility requirements. –Medical care benefits shall be provided under this chapter to at least anyperson:
(1) Who has attained the age of sixty-five (65) years; or
(2) Who has no vision or whose vision is so defective as toprevent performance of ordinary activities for which eyesight is essential; or
(3) Who is at least eighteen (18) years of age and who ispermanently and totally disabled; or
(4) Who is under the age of eighteen (18) years, and who hasbeen deprived of parental support or care by reason of the death, continuedabsence from the home, unemployment or physical or mental incapacity of aparent (called hereafter "dependent child") and who is living with a relativein a place of residence maintained by one or more of such relatives as his orher or their own home, or is in foster boarding care; or
(5) The relative as defined in subsection (8) of §40-8-2, with whom any such dependent child is living; provided such person:
(i) Is a resident of this state; and
(ii) Is not receiving public assistance under the provisionsof § 40-5.1-9(b) or § 40-6-27; and
(iii) Is not an inmate of a public institution other than asa patient in a medical institution; and
(iv) Is not a patient in an institution for tuberculosis ormental disease, unless the person has attained the age of sixty-five (65)years; provided, however, that this clause shall become void and of no effectif and when legislation enacted by the congress of the United States shallbecome effective providing for payments for medical care on behalf of personswho have not attained the age of sixty-five (65) years who are patients in aninstitution for tuberculosis or mental disease; and
(v) Has insufficient income and resources. The departmentshall establish income and resource rules, regulations, and limits inaccordance with Title XIX of the federal Social Security Act, 42 U.S.C. §1396 et seq., as applicable to the medically needy only applicants andrecipients. The income limits established by the department must be more thanthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act but shallnot be more than one hundred thirty-three and one-third percent (1331/3%) ofthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act; provided,however, that subject to the maximum percentage increase allowable under §1931(b)(2)(B), the department shall increase the income limits on July 1, 1999by six and six tenths percent (6.6%), and on January 1, of each year commencingin the year 2000 by a percentage equal to the annual federal adjustmentpercentage as determined under the provisions of Title XVI of the federalSocial Security Act. The department shall establish resource limits equal totwo thousand dollars ($2,000) for an individual and three thousand dollars($3,000) for a family. Provided, however, the department shall apply to theUnited States Department of Health and Human Services for a waiver relating toapplication of the reduced resource limit, and subject to the granting of thewaiver by the secretary of the United States Department of Health and HumanServices, the resource limit shall be applied to all applicants who: (A) becomeeligible for benefits under this chapter on or after the effective date of thisamendment and (B) who were not receiving benefits under this chapter prior toJuly 1, 1993. In the event the secretary does not approve the waiver request,the current department regulations relating to resource limits shall remain ineffect for all eligible beneficiaries.
For the purposes of this subsection a vehicle necessary totransport a family member with a disability, where the vehicle is speciallyequipped to meet the specific needs of the person with a disability or if thevehicle is a special type of vehicle that makes it possible to transport theperson with the disability shall not be counted as resources of the applicantsand recipients.
§ 40-8-3 Eligibility requirements. –Medical care benefits shall be provided under this chapter to at least anyperson:
(1) Who has attained the age of sixty-five (65) years; or
(2) Who has no vision or whose vision is so defective as toprevent performance of ordinary activities for which eyesight is essential; or
(3) Who is at least eighteen (18) years of age and who ispermanently and totally disabled; or
(4) Who is under the age of eighteen (18) years, and who hasbeen deprived of parental support or care by reason of the death, continuedabsence from the home, unemployment or physical or mental incapacity of aparent (called hereafter "dependent child") and who is living with a relativein a place of residence maintained by one or more of such relatives as his orher or their own home, or is in foster boarding care; or
(5) The relative as defined in subsection (8) of §40-8-2, with whom any such dependent child is living; provided such person:
(i) Is a resident of this state; and
(ii) Is not receiving public assistance under the provisionsof § 40-5.1-9(b) or § 40-6-27; and
(iii) Is not an inmate of a public institution other than asa patient in a medical institution; and
(iv) Is not a patient in an institution for tuberculosis ormental disease, unless the person has attained the age of sixty-five (65)years; provided, however, that this clause shall become void and of no effectif and when legislation enacted by the congress of the United States shallbecome effective providing for payments for medical care on behalf of personswho have not attained the age of sixty-five (65) years who are patients in aninstitution for tuberculosis or mental disease; and
(v) Has insufficient income and resources. The departmentshall establish income and resource rules, regulations, and limits inaccordance with Title XIX of the federal Social Security Act, 42 U.S.C. §1396 et seq., as applicable to the medically needy only applicants andrecipients. The income limits established by the department must be more thanthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act but shallnot be more than one hundred thirty-three and one-third percent (1331/3%) ofthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act; provided,however, that subject to the maximum percentage increase allowable under §1931(b)(2)(B), the department shall increase the income limits on July 1, 1999by six and six tenths percent (6.6%), and on January 1, of each year commencingin the year 2000 by a percentage equal to the annual federal adjustmentpercentage as determined under the provisions of Title XVI of the federalSocial Security Act. The department shall establish resource limits equal totwo thousand dollars ($2,000) for an individual and three thousand dollars($3,000) for a family. Provided, however, the department shall apply to theUnited States Department of Health and Human Services for a waiver relating toapplication of the reduced resource limit, and subject to the granting of thewaiver by the secretary of the United States Department of Health and HumanServices, the resource limit shall be applied to all applicants who: (A) becomeeligible for benefits under this chapter on or after the effective date of thisamendment and (B) who were not receiving benefits under this chapter prior toJuly 1, 1993. In the event the secretary does not approve the waiver request,the current department regulations relating to resource limits shall remain ineffect for all eligible beneficiaries.
For the purposes of this subsection a vehicle necessary totransport a family member with a disability, where the vehicle is speciallyequipped to meet the specific needs of the person with a disability or if thevehicle is a special type of vehicle that makes it possible to transport theperson with the disability shall not be counted as resources of the applicantsand recipients.
§ 40-8-3 Eligibility requirements. –Medical care benefits shall be provided under this chapter to at least anyperson:
(1) Who has attained the age of sixty-five (65) years; or
(2) Who has no vision or whose vision is so defective as toprevent performance of ordinary activities for which eyesight is essential; or
(3) Who is at least eighteen (18) years of age and who ispermanently and totally disabled; or
(4) Who is under the age of eighteen (18) years, and who hasbeen deprived of parental support or care by reason of the death, continuedabsence from the home, unemployment or physical or mental incapacity of aparent (called hereafter "dependent child") and who is living with a relativein a place of residence maintained by one or more of such relatives as his orher or their own home, or is in foster boarding care; or
(5) The relative as defined in subsection (8) of §40-8-2, with whom any such dependent child is living; provided such person:
(i) Is a resident of this state; and
(ii) Is not receiving public assistance under the provisionsof § 40-5.1-9(b) or § 40-6-27; and
(iii) Is not an inmate of a public institution other than asa patient in a medical institution; and
(iv) Is not a patient in an institution for tuberculosis ormental disease, unless the person has attained the age of sixty-five (65)years; provided, however, that this clause shall become void and of no effectif and when legislation enacted by the congress of the United States shallbecome effective providing for payments for medical care on behalf of personswho have not attained the age of sixty-five (65) years who are patients in aninstitution for tuberculosis or mental disease; and
(v) Has insufficient income and resources. The departmentshall establish income and resource rules, regulations, and limits inaccordance with Title XIX of the federal Social Security Act, 42 U.S.C. §1396 et seq., as applicable to the medically needy only applicants andrecipients. The income limits established by the department must be more thanthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act but shallnot be more than one hundred thirty-three and one-third percent (1331/3%) ofthe AFDC standard in effect on July 16, 1996 under the Rhode Island state planapproved under part A of Title IV of the federal Social Security Act; provided,however, that subject to the maximum percentage increase allowable under §1931(b)(2)(B), the department shall increase the income limits on July 1, 1999by six and six tenths percent (6.6%), and on January 1, of each year commencingin the year 2000 by a percentage equal to the annual federal adjustmentpercentage as determined under the provisions of Title XVI of the federalSocial Security Act. The department shall establish resource limits equal totwo thousand dollars ($2,000) for an individual and three thousand dollars($3,000) for a family. Provided, however, the department shall apply to theUnited States Department of Health and Human Services for a waiver relating toapplication of the reduced resource limit, and subject to the granting of thewaiver by the secretary of the United States Department of Health and HumanServices, the resource limit shall be applied to all applicants who: (A) becomeeligible for benefits under this chapter on or after the effective date of thisamendment and (B) who were not receiving benefits under this chapter prior toJuly 1, 1993. In the event the secretary does not approve the waiver request,the current department regulations relating to resource limits shall remain ineffect for all eligible beneficiaries.
For the purposes of this subsection a vehicle necessary totransport a family member with a disability, where the vehicle is speciallyequipped to meet the specific needs of the person with a disability or if thevehicle is a special type of vehicle that makes it possible to transport theperson with the disability shall not be counted as resources of the applicantsand recipients.
