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Statutes > Wyoming > Title42 > Chapter2

CHAPTER 2 - PUBLIC ASSISTANCE AND SOCIAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

42-2-101. Short title.

 

Thisarticle may be cited as the "Wyoming Public Assistance and Social ServicesAct".

 

42-2-102. Definitions.

 

(a) Except as otherwise specifically provided, as used in thisarticle:

 

(i) "Commodities" means foods donated or availablefor donation by the department;

 

(ii) "Coupon" means any coupon, stamp or other type ofcertificate provided for the purchase of eligible food as defined by the foodstamp program;

 

(iii) "Electronic benefit transfer" means a system forthe food stamp program as an alternative to issuing food stamp coupons. Anelectronic benefit transfer system is a computer-based system in which thebenefit authorization is received through a point of sale terminal. Eligiblehouseholds utilize plastic cards in lieu of food stamp coupons to purchase fooditems at authorized food retailers. This type of benefit may also be used toissue other types of public welfare benefits;

 

(iv) "Food stamp benefit" means assistance provided bythe food stamp program to eligible households in the form of coupons,electronic benefit transfers or cash that are redeemable at federally approvedfood retailers;

 

(v) "Performance payment" means an amount payable toor on behalf of an eligible recipient;

 

(vi) "Public assistance" means financial assistance inthe form of a performance payment, vendor payment, food stamps or a paymentunder the minimum medical program;

 

(vii) "Public welfare benefit" means financialassistance provided to eligible persons in the form of a performance payment,vendor payment, food stamp coupon, electronic benefit transfer or cash. Thesebenefits may be received from several state or federal welfare programsincluding:

 

(A) Medicaid;

 

(B) General assistance;

 

(C) Emergency assistance;

 

(D) Low income energy assistance program;

 

(E) Minimum medical program;

 

(F) Day care.

 

(viii) "Social services" mean services specificallyauthorized by the legislature, defined by the comprehensive social servicesplan of the department and provided or purchased in accordance with this act;

 

(ix) "Approved educational program" means any programat the University of Wyoming or a Wyoming community college leading to abaccalaureate, associate degree, or certificate at the school or a vocationalprogram approved by the department, or other accredited educational programwithin Wyoming leading to a baccalaureate, associate degree or nationallyrecognized certification or license. The department, may, by rule andregulation specify particular courses of study or majors that do not generallylead to employment and are not approved educational programs.

 

42-2-103. Provision of assistance and services; duties of department;burial assistance; state supplemental security income program.

 

(a) The department shall provide and administer programs forpublic assistance and social services in Wyoming to those individuals lackingsufficient income or resources to provide themselves or their families with areasonable subsistence compatible with decency and health or with servicesnecessary for their well-being.

 

(b) In carrying out subsection (a) of this section and exceptas provided under the Wyoming Medical Assistance and Services Act, thedepartment shall:

 

(i) Develop a comprehensive social services plan and update theplan annually;

 

(ii) Establish policies and standards for the provision ofpublic assistance and social services in accordance with this article andfederal law and regulation;

 

(iii) Except as otherwise provided by law, establish by rule andregulation payment amounts and service levels for public assistance and socialservices programs provided under this article based upon the financialcondition of the individual applicant or recipient;

 

(iv) Supervise the expenditure of state funds and federal fundsallocated to the state for purposes of providing public assistance and socialservices in such a manner as to ensure that, to the extent funds are available,funds may be used in separate state-funded programs to:

 

(A) Use, to the extent practicable, state maintenance of effortfunds in a separate state funded program to provide public assistance toeligible individuals who have exhausted their benefits under the federaltemporary assistance to needy families block grant and are exempt from the five(5) year limitation under paragraph (e)(i) of this section;

 

(B) Establish or coordinate a skillstraining center pilot program in coordination with the community collegecommission to provide training to individuals as identified through anassessment process. Funding for the training center programs shall not be lessthan two and one-half percent (2.5%) of the total maintenance of effortbudget;

 

(C) Allow an individual receiving assistanceto attend school as provided by W.S. 42-2-109(a) provided the individual:

 

(I) Has completed an employment assessment conducted underdepartment rule or regulation;

 

(II) Meets the income and resource eligibility requirements ofthe personal opportunities with employment responsibilities (POWER) program;

 

(III) Qualifies as a full-time student under W.S.42-2-109(a)(ii)(A) and (C).

 

(v) Cooperate with and report to the United States departmentof health and human services and other federal agencies as necessary to qualifythe state for federal funding for public assistance and social services andcomply with federal law and regulations governing the administration andexpenditure of federal funds allocated to the state;

 

(vi) Serve as an agent of the federal government in matters ofmutual concern and in the administration of federal funds allocated to thestate for public assistance and social services;

 

(vii) Cooperate with other agencies as necessary to administerthis article;

 

(viii) Limit approved educational programs under paragraph (iv) ofthis subsection to educational courses not to exceed the baccalaureate level,or to one (1) vocational training program;

 

(ix) Amend the state plan submitted to the United Statesdepartment of health and human services to provide that the state elects asauthorized by section 402(1)(A)(ii) of P.L. 104-193 to define work as includingall activities permitted under section 407 of P.L. 104-193 plus satisfactoryfull-time school attendance as defined by W.S. 42-2-109;

 

(x) If full-time students as defined by W.S. 42-2-109 arerequired by federal law or regulation to work in addition to attending schoolfull-time, create a state funds only program using funds required formaintenance of effort to provide assistance to such students. Such a programshall take priority over other uses of the maintenance of effort fundsavailable, other than the pilot program provided by W.S. 42-2-103(b)(iv)(B)which shall have first priority;

 

(xi) Not discriminate against married couples with one (1) ormore dependent children applying for assistance, provided the department maymaintain work requirements for married couples consistent with the federal requirementsfor work participation for two (2) parent families;

 

(xii) Provide benefits under the personal opportunities withemployment responsibilities (POWER) program to permanent resident alienslawfully admitted to the United States under the Immigration and NationalityAct, as allowed under section 402 of P.L. 104-193;

 

(xiii) Exempt individuals domiciled in Wyoming from theapplication of section 115, subsection (a) of P.L. 104-193 allowing payment ofbenefits under the personal opportunities with employment responsibilitiesprogram (POWER) and the food stamp program;

 

(xiv) Promulgate and adopt rules and regulations necessary tocarry out this article;

 

(xv) Subject to the availability of funds, provide to recipientsin an approved education program under W.S. 42-2-109(a) at least two (2) hoursof dependent day care, if needed, for each hour the applicant is required to bein class, laboratory or other required instructional activity.

 

(c) Notwithstanding any other provision of this article, thedepartment shall pay the burial or cremation expenses of any recipient of aidunder the personal opportunities with employment responsibilities (POWER)program, supplemental security income or Medicaid at the time of his death andwithout sufficient means in his own estate or other resources to provide burialor cremation. The amount paid under this subsection shall not exceed onethousand dollars ($1,000.00) after consideration of funds available to therecipient from all other sources. In determining eligibility under thissubsection, the department shall not consider as available funds, an amount upto or equal to one thousand five hundred dollars ($1,500.00) of the corpus of aMedicaid qualifying trust meeting the requirements of W.S. 42-4-113. No boardof county commissioners shall be responsible for any burial or cremationexpenses in excess of the amount paid under this subsection. Burial orcremation expenses under this subsection shall not include those expensesrelating to cemetery costs.

 

(d) The department shall administer a state supplementalsecurity income program entitling any individual receiving payments under thefederal supplemental security income program with no other income during anyone (1) calendar month, to a payment for each month the condition exists. Themonthly payment under this subsection shall be established by the legislaturewithin the department's biennial budget appropriation, which shall not be lessthan the required payment under applicable federal law.

 

(e) In administering this section and in addition to otherrequirements imposed under this chapter and the Wyoming Medical Assistance andServices Act and federal rule and regulation, the department shall by rule andregulation:

 

(i) Limit assistance payable under W.S. 42-2-104 to five (5)years for any assistance unit within a lifetime, regardless of location. Timespent on assistance funded with federal funds and time spent on assistancefunded with state funds, shall be added together in determining the time spent onassistance for the purposes of this section. Adults who previously receivedassistance as a dependent child, excluding minor parents, shall be allowed upto the five (5) year lifetime limit under their own assistance unit. For minorparents only, one (1) year in the personal opportunities with employmentresponsibilities (POWER) program prior to reaching the age of majority shall becounted against the five (5) year lifetime limit. Months of assistance receivedfor an eligible dependent child by a nonparent caretaker relative who is notincluded in the calculation of the performance payment to the dependent childshall not count toward the nonparent caretaker relative's lifetime limit.Individuals who have received assistance under W.S. 42-2-104 for three (3) ormore years as of January 1, 1997, shall be eligible for two (2) additionalyears of assistance used after January 1, 1997. Any individual who is totallyphysically or mentally disabled as specified by department rules, or who is acaretaker and stays at home to provide full-time care for a totally disabled orincapacitated immediate family member who resides with the caretaker because noother reasonable alternative, as determined by the department, is available toprovide care and who otherwise qualifies for assistance under W.S. 42-2-104shall not be subject to the limitation imposed under this paragraph. For an individual who is such a caretaker, the departmentshall waive any work requirements that unduly interfere with the provision ofcare and may waive other program requirements as appropriate. Forpurposes of this section an individual is totally disabled or incapacitated ifhe has a physical or mental impairment to the extent that it prevents theindividual from achieving independent living, full-time employment, orparticipation in job training programs that will reasonably lead to independentliving and monetary self sufficiency. The department may consult a licensedphysician or other appropriate professional to make its determination of disabilityor incapacitation. Nothing in this paragraph shall prohibit the department fromrequiring recipients to maintain, improve or enhance employment andself-sufficiency efforts and activities. The department shall waive timelimits, and may waive other program requirements as provided in paragraph(viii) of this subsection, as allowed under sections 402(a)(7)(A)(iii) and408(a)(7)(A)(iii) of the federal Social Security Act, as amended by P.L.104-193, for a period not to exceed two (2) years for individuals who arefleeing for personal safety or for the safety of their children or who havebeen victimized by domestic violence or who are at risk of further domesticviolence. The department may extend assistance up to one (1) year under eitherthe federal or state program in addition to the five (5) year limitationimposed under this paragraph for the following reasons:

 

(A) Repealed By Laws 1997, ch. 196, 2.

 

(B) Continuation of education leading toward an associate or abaccalaureate degree under the state funded program only;

 

(C) Abandonment.

 

(ii) Require an unmarried parent under the age of eighteen (18)and the dependent child of the minor parent to reside in the household of aparent or in a supervised setting with an adult relative or court appointedguardian or custodian in order to qualify for assistance under W.S. 42-2-104,unless the minor parent is emancipated under law. Assistance under thisparagraph shall be payable to the parent, relative or court appointed guardianor custodian on behalf of the minor parent and the dependent child. The incomeand resources of the parents shall be considered in determining eligibility forassistance under W.S. 42-2-104. If the minor custodial parent is living with aqualified person other than a parent and except for exemptions specified bydepartment rule and regulation, the department shall through local childsupport enforcement agencies, enforce child support obligations of the parentsof each minor parent, including the parents of the noncustodial minor parent.The department shall waive the requirements of this subsection if the onlyavailable households contain an individual who has been convicted of violatingW.S. 6-4-402 or who has been charged with violating W.S. 6-4-402 and the chargeshave not received final disposition. The department shall assist lawenforcement officials and the family of a minor mother to pursue the filing ofcriminal charges against the father of the minor mother's child if the minormother conceived her child while under sixteen (16) years of age and the fatherwas at least four (4) years older than the minor mother at the time ofconception;

 

(iii) Limit assistance payable under W.S. 42-2-104 for the year2008 as follows:

 

Family Size Cumulative Inflation MaximumPOWER

 

Factor Payment

 

1 1.489 $290

 

2 1.489 476

 

3 1.489 506

 

4 1.489 506

 

5 1.489 536

 

6 1.489 536

 

7 and above 1.489 566

 

Beginning July 1, 2009 and annuallythereafter, the maximum payment level shall be adjusted for the percentagechange in the Wyoming cost-of-living index for the previous fiscal year asdetermined by the division of economic analysis of the department of administrationand information.

 

(iv) Establish only one (1) earned income disregard fordetermining assistance payable under W.S. 42-2-104 at two hundred dollars($200.00) per month for any one (1) recipient. For married couples the earnedincome disregard shall be four hundred dollars ($400.00) per month. Thedepartment may in addition establish an additional individual earned incomedisregard tailored to the individual person as part of that person's self-sufficiencyplan developed pursuant to paragraph (v) of this subsection, provided:

 

(A) Such an individual earned income disregard shall beavailable only during time periods when the person is working at paidemployment enough average number of hours per week to qualify as working forthe purposes of section 407 of P.L. 104-193;

 

(B) The amount disregarded shall not exceedsix dollars and fifty cents ($6.50) per hour except that in high cost of livingareas as defined by the department it shall not exceed seven dollars and fiftycents ($7.50) per hour;

 

(C) The disregard shall be structured to allow one-half (1/2)of the person's preemployment personal opportunities with employmentresponsibilities (POWER) grant for a period not to exceed six (6) months andone-quarter (1/4) of the personal opportunities with employmentresponsibilities (POWER) grant for an additional period not to exceed six (6)months;

 

(D) The one-half (1/2) grant in the firstperiod may be paid from either state funds or federal funds and shall counttoward the five (5) year limit established by W.S. 42-2-103(e). Theone-quarter (1/4) grant in the second period shall be paid from statemaintenance of effort funds and shall not be subject to the time limitsestablished by W.S. 42-2-103(e);

 

(E) The use of the individual earned incomedisregard may be conditioned upon successful completion of other portions ofthe person's self-sufficiency plan;

 

(F) The decision to allow an individual earned income disregardin a particular case is discretionary with the department and the department'sdecision is not subject to judicial review;

 

(G) The individual earned income disregardshall be used only to the extent the department determines funds are availableand are not needed for other purposes with higher priority.

 

(v) In accordance with guidelines and criteria prescribed byrule and regulation of the department and unless otherwise qualifying for agood cause exemption pursuant to rule and regulation of the department, requirethe development of and adherence to a self-sufficiency plan with guidelines andassistance provided by the department, as a condition for benefit eligibilityunder the personal opportunities with employment responsibilities (POWER)program. A self sufficiency plan including timely completion of an approvededucational program complying with W.S. 42-2-109(a) shall be deemed to meet therequirements of this subsection if adhered to. Any person not qualifying for agood cause exemption and failing to comply with this paragraph shall besanctioned, to include disqualification under the personal opportunities withemployment responsibilities (POWER) program and be disqualified from receivingbenefits under the food stamp and medical assistance programs. The sanctionshall be established at a level which would continue to assure children in anoncompliance household would be eligible for food stamps and Medicaid. Subjectto procedure prescribed by department regulation, any recipient may at any timerequest a good cause exemption from the requirements of this section;

 

(vi) Impose time limitations on educational goals of recipientsof assistance under W.S. 42-2-104 who are under twenty (20) years of age andhave not obtained a high school diploma or general equivalency degree;

 

(vii) Require that applicants and current recipients cooperatewithin a period specified by department rules to establish paternity and childsupport obligations, subject to good cause exceptions established by departmentrules and regulations. The applicant shall not be eligible for personalopportunities with employment responsibilities benefits and a recipient shallnot receive benefits until the applicant or recipient has cooperated asrequired under this paragraph;

 

(viii) Provide that the department may waive program requirements,other than time limits which shall be waived under paragraph (i) of thissubsection, for individuals who are fleeing for personal safety or for thesafety of their children or who have been victimized by domestic violence, orwho are at risk of further domestic violence, as follows:

 

(A) Work participation requirements or state postsecondaryeducation program restrictions may be waived for one (1) year, withoutre-evaluation, for individuals who have not exhausted their benefits under thefederal temporary assistance to needy families block grant. Programrequirements under this paragraph may not be waived for longer than:

 

(I) One (1) year, unless the recipient's circumstances arere-evaluated at six (6) month intervals after the first year;

 

(II) Two (2) years, unless the recipient meets the requirementsof subdivision (I) of this subparagraph and is cooperating in the developmentand implementation of a plan with the department and the local domesticviolence agency to correct circumstances which have contributed to the domesticviolence or the threat of domestic violence.

 

(B) For individuals who have exhausted their benefits under thefederal temporary assistance to needy families block grant, programrequirements under this paragraph may be waived by the department only if theindividual's circumstances are re-evaluated at six (6) month intervals and,after one (1) year, the individual is cooperating in the development andimplementation of a plan with the department and the local domestic violenceagency to correct circumstances which have contributed to the domestic violenceor threat of domestic violence.

 

(f) In administering the child care and development fundprovided for in the federal Child Care and Development Block Grant Act, andsubject to approval of a state plan amendment by the administration of childrenand families of the United States department of health and human services, thedepartment shall:

 

(i) Annually by April 1 establish the hourly copayment requiredto be paid by parents for each eligible child, subject to the following:

 

(A) Households with income at or below one hundred percent(100%) of the federal poverty level shall not be required to make a copayment;

 

(B) For households with income above one hundred percent (100%)up to two hundred twenty-five percent (225%) of the federal poverty level, thecopayment shall be calculated based on the following table. For each categoryof income in the first column, the parents' hourly copayment per child shall bedetermined by multiplying the annual income dollar amount for a family of two(2) that corresponds with the percentage of federal poverty level in the secondcolumn by the multiplier in the third column, then dividing by two thousandthree hundred forty (2,340), the annual number of hours of child care requiredby a full-time working parent, and rounding the result to the nearest fivecents ($.05):

 

HouseholdCategory Federal Poverty Multiplier

 

of Income Level Income Factor

 

101%- 125% 113% 1.25%

 

126%- 150% 138% 2.00%

 

151%- 175% 163% 7%

 

176%- 200% 188% 9%

 

201%- 225% 213% 12%

 

(C) In determining eligibility, the department shall use themost recent federal poverty guidelines for the applicant's household size andincome. In determining the hourly copayment for each eligible child, thedepartment shall use the appropriate category of income in which the householdqualifies;

 

(D) If the department determines that funding will beinadequate to implement the child care and development fund for the balance ofthe appropriation period, the department may increase copayments as calculatedby subparagraph (B) of this paragraph by ten percent (10%) for households whoseincome is less than two hundred percent (200%) of the federal poverty level andby twenty percent (20%) for households whose income is equal to or above twohundred percent (200%) of the federal poverty level.

 

(ii) From funds available under the American Recovery andReinvestment Act of 2009, any funds not needed for completion of the electronicbenefit transfer system shall be used to make grants for materials and suppliesto child care facilities, provided however that a facility receiving a grantshall agree in writing to provide not less than twenty-five percent (25%) ofthe facility's available care to persons determined eligible under paragraph(i) of this subsection, for a period commensurate with the amount of the grantas determined by rule and regulation of the department, or to repay any moniesgranted under this paragraph to the state of Wyoming plus interest at the rateof ten percent (10%) per annum;

 

(iii) If the department determines that eligibility for othersocial services programs changes in ways that require a change in the formulaprovided by paragraph (i) of this subsection, the department shall report thechange together with recommended legislation to the joint labor health andsocial services interim committee.

 

42-2-104. Personal opportunities with employment responsibilities;provision; eligibility; unemployed parent program.

 

(a) The department may through the personal opportunities withemployment responsibilities (POWER) program provide financial assistance for adependent child and an eligible caretaker. Financial assistance under thisprogram shall be in the form of a performance payment or protective paymentpayable to or on behalf of an eligible recipient. Any individual not a relativeof the dependent child but interested in or concerned with the welfare of thechild and his eligible caretaker may subject to qualifications prescribed byrule and regulation of the department, receive a protective payment on behalfof the dependent child which shall not count toward the caretaker's five (5)year limit for benefits under W.S. 42-2-103(e)(i) unless the nonrelativecaretaker is included in the calculation of the performance payment of thedependent child.

 

(b) In addition to any other state or federal regulation andsubject to W.S. 42-2-103(e), an assistance unit qualifying under W.S.42-2-103(a) with a dependent child is eligible for financial assistance underthe personal opportunities with employment responsibilities (POWER) program.For purposes of this subsection, a dependent child includes any child who isunder eighteen (18) years of age and living with a relative in a residencemaintained by the relative as determined by rule and regulation of thedepartment, regularly attending school or its equivalent as determined by thedepartment, or is expected to graduate from high school before the age ofnineteen (19) years. For purposes of this subsection, a dependent child doesnot include a minor parent.

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

(d) Subject to the availability of funds, the department may byrule and regulation create a program to provide financial assistance toassistance units in which there is a dependent child and both of the parentsare unemployed.

 

42-2-105. Application for assistance and services; investigation ofapplicant.

 

 

(a) An individual or other person on his behalf may apply inwriting for public assistance and social services under this article to thefield office of the department located within the county or region in which theindividual resides. A relative or other person interested in the welfare of adependent child and his family may apply for the child. Application shall beupon a form and in a manner prescribed by rule and regulation of thedepartment.

 

(b) Upon receipt of an application under subsection (a) of thissection, the department shall investigate the facts stated in the applicationand obtain necessary information to determine eligibility for public assistanceand social services.

 

42-2-106. Approval or disapproval of application; notification ofapplicant; amount and form of assistance and services.

 

(a) Based upon the eligibility of an applicant, the departmentshall approve or disapprove each application for public assistance or socialservices filed with its field offices pursuant to W.S. 42-2-105 and shallnotify the applicant of its decision. Eligibility determinations for publicassistance under this chapter shall be made separately from eligibilitydeterminations for medical assistance under Title XIX of the federal SocialSecurity Act.

 

(b) Upon approval and in accordance with this article and itsrules and regulations, the department shall determine the form, amount andcommencement date of public assistance and social services for each approvedapplication. In determining the amount of public assistance and social servicesfor applicants who receive a housing subsidy, for households with asupplemental security income recipient or for unmarried minor parentapplicants, the department shall take into consideration the supplied sheltertables as established in its rules and regulations.

 

(c) In any assistance program under this chapter for whichincome is the criterion or one (1) of the criteria for assistance payments,compensation received for a veteran's service connected disability shall not becounted in determining income if that compensation on an annual basis is notmore than the poverty level for the applicant as determined by the federaloffice of management and budget.

 

(d) When the department approves an application for public assistanceunder the personal opportunities with employment responsibilities (POWER)program, it shall inform the approved applicant of the opportunity to continueto receive benefits under the program while participating in an approvededucational program, provided the person is accepted into the approvededucational program and otherwise continues to meet eligibility requirements ofboth programs.

 

42-2-107. Payment of assistance; custodian for incompetent recipients.

 

(a) Public assistance and social services approved under thisarticle:

 

(i) May be provided in the form of a performance payment orother financial assistance, in the home of the applicant, in an institution orin any other manner or form determined appropriate by rule and regulation ofthe department;

 

(ii) Shall be provided to the recipient until terminated ormodified pursuant to this article;

 

(iii) Shall be provided to qualified recipients who move toWyoming from other states, except the amount of the performance payment orother financial assistance for the first twelve (12) months of eligibility inWyoming may, at the option of the department, be the lesser of:

 

(A) The amount of assistance for which the recipient would beentitled in Wyoming; or

 

(B) The amount of the assistance the recipient would bereceiving in the state of prior residence.

 

(b) A performance payment or any other form of publicassistance shall be payable to the recipient or to a custodian or a vendor onbehalf of the recipient. If the recipient is determined incompetent forpurposes of using the public assistance provided under this article in the mostbeneficial manner, the amount may be payable to a custodian of the recipient.Subject to approval of the department, the custodian may receive and dispose ofthe public assistance on behalf of the recipient and shall report quarterly tothe department providing a detailed accounting of his management of the amountsreceived under this subsection. The department shall review the report,determine if the conduct of the custodian is in the best interests of therecipient and file a copy of the report in the recipient's case record.

 

42-2-108. Continuous assistance to recipient changing residence toanother county; assistance provided to nonresidents; termination upon leavingstate.

 

 

(a) The department shall provide for the continuous anduninterrupted receipt of approved public assistance and social services by anyeligible recipient changing his residence from one (1) county to another countyin the state until otherwise terminated or modified in accordance with thisarticle.

 

(b) Any transient or nonresident of the state may receivepublic assistance or social services provided under this article if approved inaccordance with this article. The department may require the transient ornonresident to pay his transportation and expenses if he possesses property,income or other resources other than personal effects necessary for decency andhealth.

 

(c) Public assistance or social services shall be terminated inthe manner prescribed by rule and regulation of the department for anyrecipient moving to another state.

 

42-2-109. Review of assistance and services; termination ormodification; notice to department of change in resources.

 

(a) Public assistance and social services provided under thisarticle shall be reviewed at least once each year, except for recipientsenrolled in an approved educational program which shall be reviewed once everysix (6) months. An approved educational program under this section shall belimited to educational courses not to exceed the baccalaureate degree level.After review, the department may continue, modify or terminate publicassistance and social services in accordance with the circumstances of therecipient and the provisions of this article. The department shall provide areport to the joint labor, health and social services interim committee nolater than October 1, 2005, and annually thereafter, with respect to the numberof new individuals enrolled in an approved education program under this sectionand how long each new student has been a Wyoming resident at the time ofenrollment. Review of recipients in an approved educational program pursuantto this subsection shall require that recipients:

 

(i) To maintain a "C" or equivalent cumulative gradepoint average in the approved educational program;

 

(ii) Be enrolled as a full-time student, provided:

 

(A) To qualify as a full-time student under this paragraph, thestudent shall be enrolled for a minimum of twelve (12) credit hours persemester or activities that equal twelve (12) credit hours as defined by theinstitution and complete twenty-four (24) or more credit hours per year oractivities that equal twenty-four (24) credit hours per year as defined by theinstitution in an approved educational program;

 

(B) A full-time student qualifying under this paragraph isexempt from any work or community service requirement under this article,except as provided in paragraph (iii) of this subsection;

 

(C) To qualify under this paragraph, the full-time studentshall be a Wyoming resident in accordance with guidelines and criteriaprescribed by rule and regulation of the department.

 

(iii) From the end of the spring semester to the beginning of thefall semester, work at least thirty-two (32) hours per week for at least ten(10) weeks or successfully complete six (6) credit hours. The department maywaive this requirement for good cause.

 

(iv) Repealed by Laws 2005, ch. 238, 2.

 

(b) Upon gaining possession of any property, income or otherresources after receiving any public assistance and social services under thisarticle, a recipient shall immediately notify the department as he becomesaware of the change in circumstances. The amount of public assistance andsocial services provided to the recipient shall be accordingly terminated ormodified pursuant to rule and regulation of the department. The departmentshall allow the exclusion of one (1) duly registered and licensed motor vehiclefrom personal resources in determining eligibility for any household under thepersonal opportunities with employment responsibilities (POWER) and food stampprograms. Married couples shall be allowed a second duly registered andlicensed motor vehicle.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

42-2-110. Administrative and judicial review.

 

 

(a) An applicant or recipient whose application is not actedupon within a reasonable time following the date of application or who isaggrieved by any determination for the provision, amount, modification ortermination of public assistance and social services under this article mayappeal to the department in a manner and form prescribed by the department. The department shall provide the applicant or recipient reasonable notice inaccordance with its rules and regulations and shall provide opportunity for hearingpursuant to the Wyoming Administrative Procedure Act. Following conclusion ofthe hearing, the department shall render a final decision.

 

(b) A decision of the department may be appealed to thedistrict court as provided by the Wyoming Administrative Procedure Act.

 

42-2-111. Prohibited disclosure and use of records; penalty; judicialdiscovery.

 

(a) Except as provided in this section, no person shalldisclose, receive, use or knowingly permit or participate in the use of anyinformation derived from records maintained pursuant to law or acquired in theperformance of duties under this article for purposes not directly related tothe administration of this article.

 

(b) A violation of subsection (a) of this section is amisdemeanor.

 

(c) In accordance with the Wyoming Rules of Civil Procedure,any county or district court may subpoena the records maintained under thisarticle and require the testimony of personnel involved in the administrationof this article which is pertinent to any proceeding involving the:

 

(i) Custody, welfare or interest of any minor receiving publicassistance and social services under this article;

 

(ii) Termination of parental rights as provided by law;

 

(iii) Prosecution of any person for a crime connected with obtainingpublic assistance and social services;

 

(iv) Foreclosure of liens held by the department.

 

(d) Upon request of a federal, state or local law enforcementofficer as defined by federal statute and W.S. 9-1-701(a)(vi), the departmentmay furnish the requesting officer the current address of any recipient underthe personal opportunities with employment responsibilities (POWER) program ifthe requesting officer:

 

(i) Furnishes the department with the name of the recipient;and

 

(ii) Notifies the department that the recipient:

 

(A) Is a fleeing felon as described in paragraph (iii) of thissubsection or has information necessary for the requesting officer to conductthe officer's official duties; and

 

(B) The location or apprehension of the recipient is within therequesting officer's duties.

 

(iii) For purposes of this section, a fleeing felon is defined asan individual who:

 

(A) Is fleeing to avoid prosecution, custody or confinementafter conviction, under the laws of the jurisdiction from which the individualflees, for a crime or attempt to commit a crime, which is a felony under thelaws of the jurisdiction from which the individual flees, or which, in the caseof the state of New Jersey, is a high misdemeanor, or is violating a conditionof probation or parole imposed under federal or state law; and

 

(B) Whose conduct as described in this subsection has not beenpardoned by the president of the United States or the governor of thejurisdiction from which the felon flees.

 

(e) If the department learns of the location of a fleeing felonor of an individual who has an outstanding warrant for his arrest, thedepartment shall notify the appropriate law enforcement agency. The departmentshall limit disclosure under this section by providing only the current addressof the recipient under the personal opportunities with employmentresponsibilities (POWER) program.

 

42-2-112. Misrepresentation; penalties; recovery, termination ormodification of assistance and services.

 

 

(a) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any form of food stamp benefit under the foodstamp program.

 

(b) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any commodity under the food stamp program.

 

(c) No person shall knowingly trade or otherwise dispose of anyfood stamp benefit received under the food stamp program, except to a federallyauthorized food retailer.

 

(d) No person shall knowingly sell any form of food stampbenefit to any other person.

 

(e) No person shall knowingly give, sell, trade or otherwisedispose of any commodity obtained under the food stamp program to any otherperson.

 

(f) No person shall knowingly buy, trade or otherwise obtainany form of food stamp benefit from any other person, except as authorized bylaw.

 

(g) No person shall knowingly buy, trade or otherwise obtainany commodity under the food stamp program from any other person, except asauthorized by law.

 

(h) No person shall knowingly make a false statement ormisrepresentation, knowingly fail to disclose a material fact, aid, abet orconspire with any other person in obtaining public welfare benefits.

 

(j) No person shall knowingly directly or indirectly deprivehimself of any property, income or other resources in order to qualify forpublic welfare benefits.

 

(k) Any person violating this section is guilty of:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, a fine of not more than ten thousand dollars ($10,000.00), or both,if the value of the commodity, food stamp benefit or other public welfarebenefit under this article is five hundred dollars ($500.00) or more; or

 

(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the commodity, food stamp benefit or other publicwelfare benefit under this article is less than five hundred dollars ($500.00).

 

(m) In addition to the penalty imposed under subsection (k) ofthis section, the amount of public welfare benefits improperly provided due toany violation of this section may be recovered by appropriate action which shallbe instituted by the department or by the attorney general on behalf of thedepartment.

 

(n) The department shall disapprove, terminate or modify thepublic welfare benefits to any applicant or recipient who has been found guiltyof violating this section until any court sentence under this section iscompleted and full restitution is made to the department. Public welfarebenefits shall not be denied to any minor because of violation of this sectionby a parent or guardian.

 

42-2-113. Assignment or transfer of assistance and services; exemptionfrom legal process.

 

(a) Any assignment or transfer of public assistance and socialservices provided under this article is void.

 

(b) Except as authorized under W.S. 42-2-112(m), publicassistance and social services provided by this article are exempt from levy,execution, attachment, garnishment or other legal process or debt collectionremedy. A waiver of exemptions provided by this subsection is void.

 

42-2-114. Reimbursement of federal government.

 

Thedepartment shall reimburse the federal government as required by federal law.

 

ARTICLE 2 - EMPLOYMENT AND TRAINING PROGRAM

 

42-2-201. Definitions.

 

 

(a) As used in this article:

 

(i) "Program" means the employment and trainingprogram created under this article;

 

(ii) "Support services" includes transportation, childcare and other services necessary to enable participants in the program toparticipate without hardship to themselves or their families.

 

42-2-202. Participation required; exemptions; disqualification ofbenefits.

 

(a) If available within the county of his residence, any personreceiving benefits from the department under the food stamp or personalopportunities with employment responsibilities (POWER) programs shall as acondition of receiving any benefits, participate in the employment and trainingprogram unless he:

 

(i) Is not physically able to work;

 

(ii) Is determined to be unemployable by an employmentassessment conducted pursuant to department rule or regulation; or

 

(iii) Qualifies for a good cause exemption under rule andregulation of the department.

 

(b) Any person not exempt under this section and failing toparticipate in the program as required under this article may be disqualified fromreceiving benefits under the food stamp or personal opportunities withemployment responsibilities (POWER) programs. A good cause exemption may berequested at any time by a benefit recipient.

 

(c) Notwithstanding any other provisions of this title allnonexempt recipients under the personal opportunities with employmentresponsibilities (POWER) program in the state shall be required to work orperform community service as defined by rules and regulations of the departmentsubject to coordination with the United States department of health and humanservices if required. Recipients may be exempted from the requirement underthis subsection if one (1) of the nonexempt recipients within the assistanceunit:

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(iii) Except as provided in paragraph (c)(iv) of this section,has a child who has not attained the age of three (3) months;

 

(iv) Gives birth to a child after ten (10) months as a recipientunder the personal opportunities with employment responsibilities (POWER)program. The recipient under this paragraph shall be exempted from therequirements under this section for a period of three (3) months after thechild is born, unless the parent is a minor child in which case the recipientshall be required to attend school in accordance with paragraph (v) of thissubsection;

 

(v) Is a minor child who is required to attend school pursuant toW.S. 21-4-102; or

 

(vi) For other good cause as determined by the department.

 

(d) Benefits and eligibility requirements under the personalopportunities with employment responsibilities (POWER) program shall bemodified for assistance units under subsection (c) of this section as follows:

 

(i) Assistance units complying with subsection (c) of thissection shall receive full benefits to which they are otherwise entitled underthis title;

 

(ii) In an assistance unit having a minor who has completed theeighth grade or has attained sixteen (16) years of age, but has not yetgraduated from high school and refuses to attend school or accept suitableemployment if the parent will not cooperate with the appropriate authorities asspecified in a plan approved by the department to resolve the problem, theassistance unit shall not receive a performance payment for any month the minorrefuses to attend school or accept suitable employment;

 

(iii) Monthly earned income of a dependent full-time student upto the age of eighteen (18), excluding minor parents, shall not be included asincome and resources in determining the eligibility of the assistance unit forassistance and the amount of assistance while the student is living in theresidence of his caretaker relative;

 

(iv) In assistance units in which recipients not otherwiseexempted from the requirements of subsection (c) of this section, theassistance unit shall not receive a performance payment for any month therecipient fails to comply with subsection (c) of this section and the recipientshall not be eligible for medical assistance under chapter 4 of this titleuntil the recipient complies with the provisions of this section;

 

(v) Excluding allowance for personal motor vehicles asspecified under W.S. 42-2-109(b), the amount of resources an assistance unitmay own shall be two thousand five hundred dollars ($2,500.00).

 

42-2-203. Establishment of program; powers and duties of division.

 

 

(a) The department shall:

 

(i) Establish an employment and training program which shallinclude job registration and may include job search employment training, workexperience and support services;

 

(ii) Establish the program in as many counties as is feasiblegiven funding limitations, cost effectiveness, geography and unemployment inthe county;

 

(iii) Enter into cooperative agreements with other agenciesproviding employment training and experience programs to prevent duplication;

 

(iv) Maintain financial and statistical records regarding theprogram including:

 

(A) Program expenditures;

 

(B) Number of persons participating in the program and theoutcome of each person's participation;

 

(C) Cost per participant.

 

(v) Provide participants a copy of the rules and regulationspromulgated by the department for the program on participation and for fairhearings.

 

(b) The department may contract with public agencies andprivate entities to implement this article. The department may promulgaterules and regulations to implement this article.

 

ARTICLE 3 - TELEPHONE ASSISTANCE PROGRAM

 

42-2-301. Definition.

 

Asused in this article "program" means the telephone assistance programcreated by W.S. 37-2-301 and administered by the public service commission.

 

42-2-302. Eligibility.

 

Any person who is eligible to receive services under eitherarticle 1 or 2 of chapter 2 or under chapter 4, title 42 of the Wyomingstatutes is eligible for assistance through the program.

 

 

42-2-303. Rules; certification of eligibility.

 

 

(a) The department shall promulgate rules and regulationsnecessary to establish procedures for taking applications for assistancethrough the program and to periodically certify to the public servicecommission the applicants eligible for the program. The applications forassistance shall contain authorization for disclosure of information necessaryto administer the program.

 

(b) The department shall upon request by the public servicecommission certify to the public service commission the names of applicantseligible for the program.

 

(c) At least annually, the department shall review the names ofpersons receiving program assistance and shall certify to the commission theeligibility of the persons receiving program assistance.

 

ARTICLE 4 - MEDICAID ELIGIBILITY

 

42-2-401. Definitions.

 

(a) For purposes of this article:

 

(i) "Asset", with respect to an individual, means:

 

(A) All income and resources of the individual and of theindividual's spouse, including any income or resources to which the individualor his spouse is entitled but does not receive because of action:

 

(I) By the individual or his spouse;

 

(II) By a person, including a court or administrative body, withlegal authority to act in place of or on behalf of the individual or his spouse;or

 

(III) By any person, including a court or administrative body,acting at the direction or upon the request of the individual or his spouse.

 

(B) An annuity purchased by or on behalf of an annuitant whohas applied for medical assistance with respect to long-term care servicesunless the annuity is an annuity as described in 42 U.S.C. 1396p(c)(1)(G)(i) or(ii).

 

(ii) "Income" means "income" as definedunder 42 U.S.C. 1396p(e)(2);

 

(iii) "Institutionalized individual" means anindividual who is an inpatient in a nursing facility, who is an inpatient in amedical institution and with respect to whom payment is made based on a levelof care provided in a nursing facility, or who is receiving home andcommunity-based services;

 

(iv) "Long-term care services" means nursing facilityservices, a level of care in any institution equivalent to that of nursingfacility services, and home and community-based services;

 

(v) "Resources" means "resources" asdefined under 42 U.S.C. 1396p(e)(5).

 

42-2-402. Transfers of assets affecting eligibility; exceptions;disclosures by applicants.

 

(a) If an institutionalized individual or the individual'sspouse has disposed of, for less than fair market value, any asset or interesttherein within sixty (60) months before or any time after the first date theindividual has both applied for medical assistance and been institutionalized,the individual is ineligible for medical assistance for long-term care servicesfor the period of time determined under subsection (b) of this section.

 

(b) For a transfer within the provisions of subsection (a) ofthis section, the number of months of ineligibility for long-term care servicesshall be the total, cumulative uncompensated value of all assets transferredwithin the sixty (60) month period, divided by the average monthly cost to aprivate patient for nursing facility services on the date of application. Theperiod of ineligibility begins with the later of:

 

(i) The first day of the first month in which the assets weretransferred and which does not occur in any other period of ineligibility;

 

(ii) The date on which the individual is eligible for medicalassistance under the state plan and would otherwise be receiving institutionallevel care, but for the application of the penalty period, and which does notoccur during any other period of ineligibility under this section.

 

(c) In the case of a transfer by the spouse of an individualwhich results in a period of ineligibility for medical assistance under thissection for the individual, the department shall, using a reasonablemethodology as specified by the secretary of health and human services,apportion the period of ineligibility for any portion of the period, among theindividual and the individual's spouse if the spouse otherwise becomes eligiblefor medical assistance under chapter 4 of this title.

 

(d) An institutionalized individual is not rendered ineligiblefor long-term care services due to a transfer within the provisions ofsubsection (a) of this section if the asset transferred was a home and:

 

(i) Title to the home was transferred to the individual's:

 

(A) Spouse;

 

(B) Child who is under age twenty-one (21);

 

(C) Blind or disabled child as defined in 42 U.S.C. 1382c;

 

(D) Sibling who has equity interest in the home and who wasresiding in the home for a period of at least one (1) year immediately beforethe date the individual became an institutionalized individual; or

 

(E) Child who was residing in the home for a period of at leasttwo (2) years immediately before t

State Codes and Statutes

Statutes > Wyoming > Title42 > Chapter2

CHAPTER 2 - PUBLIC ASSISTANCE AND SOCIAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

42-2-101. Short title.

 

Thisarticle may be cited as the "Wyoming Public Assistance and Social ServicesAct".

 

42-2-102. Definitions.

 

(a) Except as otherwise specifically provided, as used in thisarticle:

 

(i) "Commodities" means foods donated or availablefor donation by the department;

 

(ii) "Coupon" means any coupon, stamp or other type ofcertificate provided for the purchase of eligible food as defined by the foodstamp program;

 

(iii) "Electronic benefit transfer" means a system forthe food stamp program as an alternative to issuing food stamp coupons. Anelectronic benefit transfer system is a computer-based system in which thebenefit authorization is received through a point of sale terminal. Eligiblehouseholds utilize plastic cards in lieu of food stamp coupons to purchase fooditems at authorized food retailers. This type of benefit may also be used toissue other types of public welfare benefits;

 

(iv) "Food stamp benefit" means assistance provided bythe food stamp program to eligible households in the form of coupons,electronic benefit transfers or cash that are redeemable at federally approvedfood retailers;

 

(v) "Performance payment" means an amount payable toor on behalf of an eligible recipient;

 

(vi) "Public assistance" means financial assistance inthe form of a performance payment, vendor payment, food stamps or a paymentunder the minimum medical program;

 

(vii) "Public welfare benefit" means financialassistance provided to eligible persons in the form of a performance payment,vendor payment, food stamp coupon, electronic benefit transfer or cash. Thesebenefits may be received from several state or federal welfare programsincluding:

 

(A) Medicaid;

 

(B) General assistance;

 

(C) Emergency assistance;

 

(D) Low income energy assistance program;

 

(E) Minimum medical program;

 

(F) Day care.

 

(viii) "Social services" mean services specificallyauthorized by the legislature, defined by the comprehensive social servicesplan of the department and provided or purchased in accordance with this act;

 

(ix) "Approved educational program" means any programat the University of Wyoming or a Wyoming community college leading to abaccalaureate, associate degree, or certificate at the school or a vocationalprogram approved by the department, or other accredited educational programwithin Wyoming leading to a baccalaureate, associate degree or nationallyrecognized certification or license. The department, may, by rule andregulation specify particular courses of study or majors that do not generallylead to employment and are not approved educational programs.

 

42-2-103. Provision of assistance and services; duties of department;burial assistance; state supplemental security income program.

 

(a) The department shall provide and administer programs forpublic assistance and social services in Wyoming to those individuals lackingsufficient income or resources to provide themselves or their families with areasonable subsistence compatible with decency and health or with servicesnecessary for their well-being.

 

(b) In carrying out subsection (a) of this section and exceptas provided under the Wyoming Medical Assistance and Services Act, thedepartment shall:

 

(i) Develop a comprehensive social services plan and update theplan annually;

 

(ii) Establish policies and standards for the provision ofpublic assistance and social services in accordance with this article andfederal law and regulation;

 

(iii) Except as otherwise provided by law, establish by rule andregulation payment amounts and service levels for public assistance and socialservices programs provided under this article based upon the financialcondition of the individual applicant or recipient;

 

(iv) Supervise the expenditure of state funds and federal fundsallocated to the state for purposes of providing public assistance and socialservices in such a manner as to ensure that, to the extent funds are available,funds may be used in separate state-funded programs to:

 

(A) Use, to the extent practicable, state maintenance of effortfunds in a separate state funded program to provide public assistance toeligible individuals who have exhausted their benefits under the federaltemporary assistance to needy families block grant and are exempt from the five(5) year limitation under paragraph (e)(i) of this section;

 

(B) Establish or coordinate a skillstraining center pilot program in coordination with the community collegecommission to provide training to individuals as identified through anassessment process. Funding for the training center programs shall not be lessthan two and one-half percent (2.5%) of the total maintenance of effortbudget;

 

(C) Allow an individual receiving assistanceto attend school as provided by W.S. 42-2-109(a) provided the individual:

 

(I) Has completed an employment assessment conducted underdepartment rule or regulation;

 

(II) Meets the income and resource eligibility requirements ofthe personal opportunities with employment responsibilities (POWER) program;

 

(III) Qualifies as a full-time student under W.S.42-2-109(a)(ii)(A) and (C).

 

(v) Cooperate with and report to the United States departmentof health and human services and other federal agencies as necessary to qualifythe state for federal funding for public assistance and social services andcomply with federal law and regulations governing the administration andexpenditure of federal funds allocated to the state;

 

(vi) Serve as an agent of the federal government in matters ofmutual concern and in the administration of federal funds allocated to thestate for public assistance and social services;

 

(vii) Cooperate with other agencies as necessary to administerthis article;

 

(viii) Limit approved educational programs under paragraph (iv) ofthis subsection to educational courses not to exceed the baccalaureate level,or to one (1) vocational training program;

 

(ix) Amend the state plan submitted to the United Statesdepartment of health and human services to provide that the state elects asauthorized by section 402(1)(A)(ii) of P.L. 104-193 to define work as includingall activities permitted under section 407 of P.L. 104-193 plus satisfactoryfull-time school attendance as defined by W.S. 42-2-109;

 

(x) If full-time students as defined by W.S. 42-2-109 arerequired by federal law or regulation to work in addition to attending schoolfull-time, create a state funds only program using funds required formaintenance of effort to provide assistance to such students. Such a programshall take priority over other uses of the maintenance of effort fundsavailable, other than the pilot program provided by W.S. 42-2-103(b)(iv)(B)which shall have first priority;

 

(xi) Not discriminate against married couples with one (1) ormore dependent children applying for assistance, provided the department maymaintain work requirements for married couples consistent with the federal requirementsfor work participation for two (2) parent families;

 

(xii) Provide benefits under the personal opportunities withemployment responsibilities (POWER) program to permanent resident alienslawfully admitted to the United States under the Immigration and NationalityAct, as allowed under section 402 of P.L. 104-193;

 

(xiii) Exempt individuals domiciled in Wyoming from theapplication of section 115, subsection (a) of P.L. 104-193 allowing payment ofbenefits under the personal opportunities with employment responsibilitiesprogram (POWER) and the food stamp program;

 

(xiv) Promulgate and adopt rules and regulations necessary tocarry out this article;

 

(xv) Subject to the availability of funds, provide to recipientsin an approved education program under W.S. 42-2-109(a) at least two (2) hoursof dependent day care, if needed, for each hour the applicant is required to bein class, laboratory or other required instructional activity.

 

(c) Notwithstanding any other provision of this article, thedepartment shall pay the burial or cremation expenses of any recipient of aidunder the personal opportunities with employment responsibilities (POWER)program, supplemental security income or Medicaid at the time of his death andwithout sufficient means in his own estate or other resources to provide burialor cremation. The amount paid under this subsection shall not exceed onethousand dollars ($1,000.00) after consideration of funds available to therecipient from all other sources. In determining eligibility under thissubsection, the department shall not consider as available funds, an amount upto or equal to one thousand five hundred dollars ($1,500.00) of the corpus of aMedicaid qualifying trust meeting the requirements of W.S. 42-4-113. No boardof county commissioners shall be responsible for any burial or cremationexpenses in excess of the amount paid under this subsection. Burial orcremation expenses under this subsection shall not include those expensesrelating to cemetery costs.

 

(d) The department shall administer a state supplementalsecurity income program entitling any individual receiving payments under thefederal supplemental security income program with no other income during anyone (1) calendar month, to a payment for each month the condition exists. Themonthly payment under this subsection shall be established by the legislaturewithin the department's biennial budget appropriation, which shall not be lessthan the required payment under applicable federal law.

 

(e) In administering this section and in addition to otherrequirements imposed under this chapter and the Wyoming Medical Assistance andServices Act and federal rule and regulation, the department shall by rule andregulation:

 

(i) Limit assistance payable under W.S. 42-2-104 to five (5)years for any assistance unit within a lifetime, regardless of location. Timespent on assistance funded with federal funds and time spent on assistancefunded with state funds, shall be added together in determining the time spent onassistance for the purposes of this section. Adults who previously receivedassistance as a dependent child, excluding minor parents, shall be allowed upto the five (5) year lifetime limit under their own assistance unit. For minorparents only, one (1) year in the personal opportunities with employmentresponsibilities (POWER) program prior to reaching the age of majority shall becounted against the five (5) year lifetime limit. Months of assistance receivedfor an eligible dependent child by a nonparent caretaker relative who is notincluded in the calculation of the performance payment to the dependent childshall not count toward the nonparent caretaker relative's lifetime limit.Individuals who have received assistance under W.S. 42-2-104 for three (3) ormore years as of January 1, 1997, shall be eligible for two (2) additionalyears of assistance used after January 1, 1997. Any individual who is totallyphysically or mentally disabled as specified by department rules, or who is acaretaker and stays at home to provide full-time care for a totally disabled orincapacitated immediate family member who resides with the caretaker because noother reasonable alternative, as determined by the department, is available toprovide care and who otherwise qualifies for assistance under W.S. 42-2-104shall not be subject to the limitation imposed under this paragraph. For an individual who is such a caretaker, the departmentshall waive any work requirements that unduly interfere with the provision ofcare and may waive other program requirements as appropriate. Forpurposes of this section an individual is totally disabled or incapacitated ifhe has a physical or mental impairment to the extent that it prevents theindividual from achieving independent living, full-time employment, orparticipation in job training programs that will reasonably lead to independentliving and monetary self sufficiency. The department may consult a licensedphysician or other appropriate professional to make its determination of disabilityor incapacitation. Nothing in this paragraph shall prohibit the department fromrequiring recipients to maintain, improve or enhance employment andself-sufficiency efforts and activities. The department shall waive timelimits, and may waive other program requirements as provided in paragraph(viii) of this subsection, as allowed under sections 402(a)(7)(A)(iii) and408(a)(7)(A)(iii) of the federal Social Security Act, as amended by P.L.104-193, for a period not to exceed two (2) years for individuals who arefleeing for personal safety or for the safety of their children or who havebeen victimized by domestic violence or who are at risk of further domesticviolence. The department may extend assistance up to one (1) year under eitherthe federal or state program in addition to the five (5) year limitationimposed under this paragraph for the following reasons:

 

(A) Repealed By Laws 1997, ch. 196, 2.

 

(B) Continuation of education leading toward an associate or abaccalaureate degree under the state funded program only;

 

(C) Abandonment.

 

(ii) Require an unmarried parent under the age of eighteen (18)and the dependent child of the minor parent to reside in the household of aparent or in a supervised setting with an adult relative or court appointedguardian or custodian in order to qualify for assistance under W.S. 42-2-104,unless the minor parent is emancipated under law. Assistance under thisparagraph shall be payable to the parent, relative or court appointed guardianor custodian on behalf of the minor parent and the dependent child. The incomeand resources of the parents shall be considered in determining eligibility forassistance under W.S. 42-2-104. If the minor custodial parent is living with aqualified person other than a parent and except for exemptions specified bydepartment rule and regulation, the department shall through local childsupport enforcement agencies, enforce child support obligations of the parentsof each minor parent, including the parents of the noncustodial minor parent.The department shall waive the requirements of this subsection if the onlyavailable households contain an individual who has been convicted of violatingW.S. 6-4-402 or who has been charged with violating W.S. 6-4-402 and the chargeshave not received final disposition. The department shall assist lawenforcement officials and the family of a minor mother to pursue the filing ofcriminal charges against the father of the minor mother's child if the minormother conceived her child while under sixteen (16) years of age and the fatherwas at least four (4) years older than the minor mother at the time ofconception;

 

(iii) Limit assistance payable under W.S. 42-2-104 for the year2008 as follows:

 

Family Size Cumulative Inflation MaximumPOWER

 

Factor Payment

 

1 1.489 $290

 

2 1.489 476

 

3 1.489 506

 

4 1.489 506

 

5 1.489 536

 

6 1.489 536

 

7 and above 1.489 566

 

Beginning July 1, 2009 and annuallythereafter, the maximum payment level shall be adjusted for the percentagechange in the Wyoming cost-of-living index for the previous fiscal year asdetermined by the division of economic analysis of the department of administrationand information.

 

(iv) Establish only one (1) earned income disregard fordetermining assistance payable under W.S. 42-2-104 at two hundred dollars($200.00) per month for any one (1) recipient. For married couples the earnedincome disregard shall be four hundred dollars ($400.00) per month. Thedepartment may in addition establish an additional individual earned incomedisregard tailored to the individual person as part of that person's self-sufficiencyplan developed pursuant to paragraph (v) of this subsection, provided:

 

(A) Such an individual earned income disregard shall beavailable only during time periods when the person is working at paidemployment enough average number of hours per week to qualify as working forthe purposes of section 407 of P.L. 104-193;

 

(B) The amount disregarded shall not exceedsix dollars and fifty cents ($6.50) per hour except that in high cost of livingareas as defined by the department it shall not exceed seven dollars and fiftycents ($7.50) per hour;

 

(C) The disregard shall be structured to allow one-half (1/2)of the person's preemployment personal opportunities with employmentresponsibilities (POWER) grant for a period not to exceed six (6) months andone-quarter (1/4) of the personal opportunities with employmentresponsibilities (POWER) grant for an additional period not to exceed six (6)months;

 

(D) The one-half (1/2) grant in the firstperiod may be paid from either state funds or federal funds and shall counttoward the five (5) year limit established by W.S. 42-2-103(e). Theone-quarter (1/4) grant in the second period shall be paid from statemaintenance of effort funds and shall not be subject to the time limitsestablished by W.S. 42-2-103(e);

 

(E) The use of the individual earned incomedisregard may be conditioned upon successful completion of other portions ofthe person's self-sufficiency plan;

 

(F) The decision to allow an individual earned income disregardin a particular case is discretionary with the department and the department'sdecision is not subject to judicial review;

 

(G) The individual earned income disregardshall be used only to the extent the department determines funds are availableand are not needed for other purposes with higher priority.

 

(v) In accordance with guidelines and criteria prescribed byrule and regulation of the department and unless otherwise qualifying for agood cause exemption pursuant to rule and regulation of the department, requirethe development of and adherence to a self-sufficiency plan with guidelines andassistance provided by the department, as a condition for benefit eligibilityunder the personal opportunities with employment responsibilities (POWER)program. A self sufficiency plan including timely completion of an approvededucational program complying with W.S. 42-2-109(a) shall be deemed to meet therequirements of this subsection if adhered to. Any person not qualifying for agood cause exemption and failing to comply with this paragraph shall besanctioned, to include disqualification under the personal opportunities withemployment responsibilities (POWER) program and be disqualified from receivingbenefits under the food stamp and medical assistance programs. The sanctionshall be established at a level which would continue to assure children in anoncompliance household would be eligible for food stamps and Medicaid. Subjectto procedure prescribed by department regulation, any recipient may at any timerequest a good cause exemption from the requirements of this section;

 

(vi) Impose time limitations on educational goals of recipientsof assistance under W.S. 42-2-104 who are under twenty (20) years of age andhave not obtained a high school diploma or general equivalency degree;

 

(vii) Require that applicants and current recipients cooperatewithin a period specified by department rules to establish paternity and childsupport obligations, subject to good cause exceptions established by departmentrules and regulations. The applicant shall not be eligible for personalopportunities with employment responsibilities benefits and a recipient shallnot receive benefits until the applicant or recipient has cooperated asrequired under this paragraph;

 

(viii) Provide that the department may waive program requirements,other than time limits which shall be waived under paragraph (i) of thissubsection, for individuals who are fleeing for personal safety or for thesafety of their children or who have been victimized by domestic violence, orwho are at risk of further domestic violence, as follows:

 

(A) Work participation requirements or state postsecondaryeducation program restrictions may be waived for one (1) year, withoutre-evaluation, for individuals who have not exhausted their benefits under thefederal temporary assistance to needy families block grant. Programrequirements under this paragraph may not be waived for longer than:

 

(I) One (1) year, unless the recipient's circumstances arere-evaluated at six (6) month intervals after the first year;

 

(II) Two (2) years, unless the recipient meets the requirementsof subdivision (I) of this subparagraph and is cooperating in the developmentand implementation of a plan with the department and the local domesticviolence agency to correct circumstances which have contributed to the domesticviolence or the threat of domestic violence.

 

(B) For individuals who have exhausted their benefits under thefederal temporary assistance to needy families block grant, programrequirements under this paragraph may be waived by the department only if theindividual's circumstances are re-evaluated at six (6) month intervals and,after one (1) year, the individual is cooperating in the development andimplementation of a plan with the department and the local domestic violenceagency to correct circumstances which have contributed to the domestic violenceor threat of domestic violence.

 

(f) In administering the child care and development fundprovided for in the federal Child Care and Development Block Grant Act, andsubject to approval of a state plan amendment by the administration of childrenand families of the United States department of health and human services, thedepartment shall:

 

(i) Annually by April 1 establish the hourly copayment requiredto be paid by parents for each eligible child, subject to the following:

 

(A) Households with income at or below one hundred percent(100%) of the federal poverty level shall not be required to make a copayment;

 

(B) For households with income above one hundred percent (100%)up to two hundred twenty-five percent (225%) of the federal poverty level, thecopayment shall be calculated based on the following table. For each categoryof income in the first column, the parents' hourly copayment per child shall bedetermined by multiplying the annual income dollar amount for a family of two(2) that corresponds with the percentage of federal poverty level in the secondcolumn by the multiplier in the third column, then dividing by two thousandthree hundred forty (2,340), the annual number of hours of child care requiredby a full-time working parent, and rounding the result to the nearest fivecents ($.05):

 

HouseholdCategory Federal Poverty Multiplier

 

of Income Level Income Factor

 

101%- 125% 113% 1.25%

 

126%- 150% 138% 2.00%

 

151%- 175% 163% 7%

 

176%- 200% 188% 9%

 

201%- 225% 213% 12%

 

(C) In determining eligibility, the department shall use themost recent federal poverty guidelines for the applicant's household size andincome. In determining the hourly copayment for each eligible child, thedepartment shall use the appropriate category of income in which the householdqualifies;

 

(D) If the department determines that funding will beinadequate to implement the child care and development fund for the balance ofthe appropriation period, the department may increase copayments as calculatedby subparagraph (B) of this paragraph by ten percent (10%) for households whoseincome is less than two hundred percent (200%) of the federal poverty level andby twenty percent (20%) for households whose income is equal to or above twohundred percent (200%) of the federal poverty level.

 

(ii) From funds available under the American Recovery andReinvestment Act of 2009, any funds not needed for completion of the electronicbenefit transfer system shall be used to make grants for materials and suppliesto child care facilities, provided however that a facility receiving a grantshall agree in writing to provide not less than twenty-five percent (25%) ofthe facility's available care to persons determined eligible under paragraph(i) of this subsection, for a period commensurate with the amount of the grantas determined by rule and regulation of the department, or to repay any moniesgranted under this paragraph to the state of Wyoming plus interest at the rateof ten percent (10%) per annum;

 

(iii) If the department determines that eligibility for othersocial services programs changes in ways that require a change in the formulaprovided by paragraph (i) of this subsection, the department shall report thechange together with recommended legislation to the joint labor health andsocial services interim committee.

 

42-2-104. Personal opportunities with employment responsibilities;provision; eligibility; unemployed parent program.

 

(a) The department may through the personal opportunities withemployment responsibilities (POWER) program provide financial assistance for adependent child and an eligible caretaker. Financial assistance under thisprogram shall be in the form of a performance payment or protective paymentpayable to or on behalf of an eligible recipient. Any individual not a relativeof the dependent child but interested in or concerned with the welfare of thechild and his eligible caretaker may subject to qualifications prescribed byrule and regulation of the department, receive a protective payment on behalfof the dependent child which shall not count toward the caretaker's five (5)year limit for benefits under W.S. 42-2-103(e)(i) unless the nonrelativecaretaker is included in the calculation of the performance payment of thedependent child.

 

(b) In addition to any other state or federal regulation andsubject to W.S. 42-2-103(e), an assistance unit qualifying under W.S.42-2-103(a) with a dependent child is eligible for financial assistance underthe personal opportunities with employment responsibilities (POWER) program.For purposes of this subsection, a dependent child includes any child who isunder eighteen (18) years of age and living with a relative in a residencemaintained by the relative as determined by rule and regulation of thedepartment, regularly attending school or its equivalent as determined by thedepartment, or is expected to graduate from high school before the age ofnineteen (19) years. For purposes of this subsection, a dependent child doesnot include a minor parent.

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

(d) Subject to the availability of funds, the department may byrule and regulation create a program to provide financial assistance toassistance units in which there is a dependent child and both of the parentsare unemployed.

 

42-2-105. Application for assistance and services; investigation ofapplicant.

 

 

(a) An individual or other person on his behalf may apply inwriting for public assistance and social services under this article to thefield office of the department located within the county or region in which theindividual resides. A relative or other person interested in the welfare of adependent child and his family may apply for the child. Application shall beupon a form and in a manner prescribed by rule and regulation of thedepartment.

 

(b) Upon receipt of an application under subsection (a) of thissection, the department shall investigate the facts stated in the applicationand obtain necessary information to determine eligibility for public assistanceand social services.

 

42-2-106. Approval or disapproval of application; notification ofapplicant; amount and form of assistance and services.

 

(a) Based upon the eligibility of an applicant, the departmentshall approve or disapprove each application for public assistance or socialservices filed with its field offices pursuant to W.S. 42-2-105 and shallnotify the applicant of its decision. Eligibility determinations for publicassistance under this chapter shall be made separately from eligibilitydeterminations for medical assistance under Title XIX of the federal SocialSecurity Act.

 

(b) Upon approval and in accordance with this article and itsrules and regulations, the department shall determine the form, amount andcommencement date of public assistance and social services for each approvedapplication. In determining the amount of public assistance and social servicesfor applicants who receive a housing subsidy, for households with asupplemental security income recipient or for unmarried minor parentapplicants, the department shall take into consideration the supplied sheltertables as established in its rules and regulations.

 

(c) In any assistance program under this chapter for whichincome is the criterion or one (1) of the criteria for assistance payments,compensation received for a veteran's service connected disability shall not becounted in determining income if that compensation on an annual basis is notmore than the poverty level for the applicant as determined by the federaloffice of management and budget.

 

(d) When the department approves an application for public assistanceunder the personal opportunities with employment responsibilities (POWER)program, it shall inform the approved applicant of the opportunity to continueto receive benefits under the program while participating in an approvededucational program, provided the person is accepted into the approvededucational program and otherwise continues to meet eligibility requirements ofboth programs.

 

42-2-107. Payment of assistance; custodian for incompetent recipients.

 

(a) Public assistance and social services approved under thisarticle:

 

(i) May be provided in the form of a performance payment orother financial assistance, in the home of the applicant, in an institution orin any other manner or form determined appropriate by rule and regulation ofthe department;

 

(ii) Shall be provided to the recipient until terminated ormodified pursuant to this article;

 

(iii) Shall be provided to qualified recipients who move toWyoming from other states, except the amount of the performance payment orother financial assistance for the first twelve (12) months of eligibility inWyoming may, at the option of the department, be the lesser of:

 

(A) The amount of assistance for which the recipient would beentitled in Wyoming; or

 

(B) The amount of the assistance the recipient would bereceiving in the state of prior residence.

 

(b) A performance payment or any other form of publicassistance shall be payable to the recipient or to a custodian or a vendor onbehalf of the recipient. If the recipient is determined incompetent forpurposes of using the public assistance provided under this article in the mostbeneficial manner, the amount may be payable to a custodian of the recipient.Subject to approval of the department, the custodian may receive and dispose ofthe public assistance on behalf of the recipient and shall report quarterly tothe department providing a detailed accounting of his management of the amountsreceived under this subsection. The department shall review the report,determine if the conduct of the custodian is in the best interests of therecipient and file a copy of the report in the recipient's case record.

 

42-2-108. Continuous assistance to recipient changing residence toanother county; assistance provided to nonresidents; termination upon leavingstate.

 

 

(a) The department shall provide for the continuous anduninterrupted receipt of approved public assistance and social services by anyeligible recipient changing his residence from one (1) county to another countyin the state until otherwise terminated or modified in accordance with thisarticle.

 

(b) Any transient or nonresident of the state may receivepublic assistance or social services provided under this article if approved inaccordance with this article. The department may require the transient ornonresident to pay his transportation and expenses if he possesses property,income or other resources other than personal effects necessary for decency andhealth.

 

(c) Public assistance or social services shall be terminated inthe manner prescribed by rule and regulation of the department for anyrecipient moving to another state.

 

42-2-109. Review of assistance and services; termination ormodification; notice to department of change in resources.

 

(a) Public assistance and social services provided under thisarticle shall be reviewed at least once each year, except for recipientsenrolled in an approved educational program which shall be reviewed once everysix (6) months. An approved educational program under this section shall belimited to educational courses not to exceed the baccalaureate degree level.After review, the department may continue, modify or terminate publicassistance and social services in accordance with the circumstances of therecipient and the provisions of this article. The department shall provide areport to the joint labor, health and social services interim committee nolater than October 1, 2005, and annually thereafter, with respect to the numberof new individuals enrolled in an approved education program under this sectionand how long each new student has been a Wyoming resident at the time ofenrollment. Review of recipients in an approved educational program pursuantto this subsection shall require that recipients:

 

(i) To maintain a "C" or equivalent cumulative gradepoint average in the approved educational program;

 

(ii) Be enrolled as a full-time student, provided:

 

(A) To qualify as a full-time student under this paragraph, thestudent shall be enrolled for a minimum of twelve (12) credit hours persemester or activities that equal twelve (12) credit hours as defined by theinstitution and complete twenty-four (24) or more credit hours per year oractivities that equal twenty-four (24) credit hours per year as defined by theinstitution in an approved educational program;

 

(B) A full-time student qualifying under this paragraph isexempt from any work or community service requirement under this article,except as provided in paragraph (iii) of this subsection;

 

(C) To qualify under this paragraph, the full-time studentshall be a Wyoming resident in accordance with guidelines and criteriaprescribed by rule and regulation of the department.

 

(iii) From the end of the spring semester to the beginning of thefall semester, work at least thirty-two (32) hours per week for at least ten(10) weeks or successfully complete six (6) credit hours. The department maywaive this requirement for good cause.

 

(iv) Repealed by Laws 2005, ch. 238, 2.

 

(b) Upon gaining possession of any property, income or otherresources after receiving any public assistance and social services under thisarticle, a recipient shall immediately notify the department as he becomesaware of the change in circumstances. The amount of public assistance andsocial services provided to the recipient shall be accordingly terminated ormodified pursuant to rule and regulation of the department. The departmentshall allow the exclusion of one (1) duly registered and licensed motor vehiclefrom personal resources in determining eligibility for any household under thepersonal opportunities with employment responsibilities (POWER) and food stampprograms. Married couples shall be allowed a second duly registered andlicensed motor vehicle.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

42-2-110. Administrative and judicial review.

 

 

(a) An applicant or recipient whose application is not actedupon within a reasonable time following the date of application or who isaggrieved by any determination for the provision, amount, modification ortermination of public assistance and social services under this article mayappeal to the department in a manner and form prescribed by the department. The department shall provide the applicant or recipient reasonable notice inaccordance with its rules and regulations and shall provide opportunity for hearingpursuant to the Wyoming Administrative Procedure Act. Following conclusion ofthe hearing, the department shall render a final decision.

 

(b) A decision of the department may be appealed to thedistrict court as provided by the Wyoming Administrative Procedure Act.

 

42-2-111. Prohibited disclosure and use of records; penalty; judicialdiscovery.

 

(a) Except as provided in this section, no person shalldisclose, receive, use or knowingly permit or participate in the use of anyinformation derived from records maintained pursuant to law or acquired in theperformance of duties under this article for purposes not directly related tothe administration of this article.

 

(b) A violation of subsection (a) of this section is amisdemeanor.

 

(c) In accordance with the Wyoming Rules of Civil Procedure,any county or district court may subpoena the records maintained under thisarticle and require the testimony of personnel involved in the administrationof this article which is pertinent to any proceeding involving the:

 

(i) Custody, welfare or interest of any minor receiving publicassistance and social services under this article;

 

(ii) Termination of parental rights as provided by law;

 

(iii) Prosecution of any person for a crime connected with obtainingpublic assistance and social services;

 

(iv) Foreclosure of liens held by the department.

 

(d) Upon request of a federal, state or local law enforcementofficer as defined by federal statute and W.S. 9-1-701(a)(vi), the departmentmay furnish the requesting officer the current address of any recipient underthe personal opportunities with employment responsibilities (POWER) program ifthe requesting officer:

 

(i) Furnishes the department with the name of the recipient;and

 

(ii) Notifies the department that the recipient:

 

(A) Is a fleeing felon as described in paragraph (iii) of thissubsection or has information necessary for the requesting officer to conductthe officer's official duties; and

 

(B) The location or apprehension of the recipient is within therequesting officer's duties.

 

(iii) For purposes of this section, a fleeing felon is defined asan individual who:

 

(A) Is fleeing to avoid prosecution, custody or confinementafter conviction, under the laws of the jurisdiction from which the individualflees, for a crime or attempt to commit a crime, which is a felony under thelaws of the jurisdiction from which the individual flees, or which, in the caseof the state of New Jersey, is a high misdemeanor, or is violating a conditionof probation or parole imposed under federal or state law; and

 

(B) Whose conduct as described in this subsection has not beenpardoned by the president of the United States or the governor of thejurisdiction from which the felon flees.

 

(e) If the department learns of the location of a fleeing felonor of an individual who has an outstanding warrant for his arrest, thedepartment shall notify the appropriate law enforcement agency. The departmentshall limit disclosure under this section by providing only the current addressof the recipient under the personal opportunities with employmentresponsibilities (POWER) program.

 

42-2-112. Misrepresentation; penalties; recovery, termination ormodification of assistance and services.

 

 

(a) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any form of food stamp benefit under the foodstamp program.

 

(b) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any commodity under the food stamp program.

 

(c) No person shall knowingly trade or otherwise dispose of anyfood stamp benefit received under the food stamp program, except to a federallyauthorized food retailer.

 

(d) No person shall knowingly sell any form of food stampbenefit to any other person.

 

(e) No person shall knowingly give, sell, trade or otherwisedispose of any commodity obtained under the food stamp program to any otherperson.

 

(f) No person shall knowingly buy, trade or otherwise obtainany form of food stamp benefit from any other person, except as authorized bylaw.

 

(g) No person shall knowingly buy, trade or otherwise obtainany commodity under the food stamp program from any other person, except asauthorized by law.

 

(h) No person shall knowingly make a false statement ormisrepresentation, knowingly fail to disclose a material fact, aid, abet orconspire with any other person in obtaining public welfare benefits.

 

(j) No person shall knowingly directly or indirectly deprivehimself of any property, income or other resources in order to qualify forpublic welfare benefits.

 

(k) Any person violating this section is guilty of:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, a fine of not more than ten thousand dollars ($10,000.00), or both,if the value of the commodity, food stamp benefit or other public welfarebenefit under this article is five hundred dollars ($500.00) or more; or

 

(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the commodity, food stamp benefit or other publicwelfare benefit under this article is less than five hundred dollars ($500.00).

 

(m) In addition to the penalty imposed under subsection (k) ofthis section, the amount of public welfare benefits improperly provided due toany violation of this section may be recovered by appropriate action which shallbe instituted by the department or by the attorney general on behalf of thedepartment.

 

(n) The department shall disapprove, terminate or modify thepublic welfare benefits to any applicant or recipient who has been found guiltyof violating this section until any court sentence under this section iscompleted and full restitution is made to the department. Public welfarebenefits shall not be denied to any minor because of violation of this sectionby a parent or guardian.

 

42-2-113. Assignment or transfer of assistance and services; exemptionfrom legal process.

 

(a) Any assignment or transfer of public assistance and socialservices provided under this article is void.

 

(b) Except as authorized under W.S. 42-2-112(m), publicassistance and social services provided by this article are exempt from levy,execution, attachment, garnishment or other legal process or debt collectionremedy. A waiver of exemptions provided by this subsection is void.

 

42-2-114. Reimbursement of federal government.

 

Thedepartment shall reimburse the federal government as required by federal law.

 

ARTICLE 2 - EMPLOYMENT AND TRAINING PROGRAM

 

42-2-201. Definitions.

 

 

(a) As used in this article:

 

(i) "Program" means the employment and trainingprogram created under this article;

 

(ii) "Support services" includes transportation, childcare and other services necessary to enable participants in the program toparticipate without hardship to themselves or their families.

 

42-2-202. Participation required; exemptions; disqualification ofbenefits.

 

(a) If available within the county of his residence, any personreceiving benefits from the department under the food stamp or personalopportunities with employment responsibilities (POWER) programs shall as acondition of receiving any benefits, participate in the employment and trainingprogram unless he:

 

(i) Is not physically able to work;

 

(ii) Is determined to be unemployable by an employmentassessment conducted pursuant to department rule or regulation; or

 

(iii) Qualifies for a good cause exemption under rule andregulation of the department.

 

(b) Any person not exempt under this section and failing toparticipate in the program as required under this article may be disqualified fromreceiving benefits under the food stamp or personal opportunities withemployment responsibilities (POWER) programs. A good cause exemption may berequested at any time by a benefit recipient.

 

(c) Notwithstanding any other provisions of this title allnonexempt recipients under the personal opportunities with employmentresponsibilities (POWER) program in the state shall be required to work orperform community service as defined by rules and regulations of the departmentsubject to coordination with the United States department of health and humanservices if required. Recipients may be exempted from the requirement underthis subsection if one (1) of the nonexempt recipients within the assistanceunit:

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(iii) Except as provided in paragraph (c)(iv) of this section,has a child who has not attained the age of three (3) months;

 

(iv) Gives birth to a child after ten (10) months as a recipientunder the personal opportunities with employment responsibilities (POWER)program. The recipient under this paragraph shall be exempted from therequirements under this section for a period of three (3) months after thechild is born, unless the parent is a minor child in which case the recipientshall be required to attend school in accordance with paragraph (v) of thissubsection;

 

(v) Is a minor child who is required to attend school pursuant toW.S. 21-4-102; or

 

(vi) For other good cause as determined by the department.

 

(d) Benefits and eligibility requirements under the personalopportunities with employment responsibilities (POWER) program shall bemodified for assistance units under subsection (c) of this section as follows:

 

(i) Assistance units complying with subsection (c) of thissection shall receive full benefits to which they are otherwise entitled underthis title;

 

(ii) In an assistance unit having a minor who has completed theeighth grade or has attained sixteen (16) years of age, but has not yetgraduated from high school and refuses to attend school or accept suitableemployment if the parent will not cooperate with the appropriate authorities asspecified in a plan approved by the department to resolve the problem, theassistance unit shall not receive a performance payment for any month the minorrefuses to attend school or accept suitable employment;

 

(iii) Monthly earned income of a dependent full-time student upto the age of eighteen (18), excluding minor parents, shall not be included asincome and resources in determining the eligibility of the assistance unit forassistance and the amount of assistance while the student is living in theresidence of his caretaker relative;

 

(iv) In assistance units in which recipients not otherwiseexempted from the requirements of subsection (c) of this section, theassistance unit shall not receive a performance payment for any month therecipient fails to comply with subsection (c) of this section and the recipientshall not be eligible for medical assistance under chapter 4 of this titleuntil the recipient complies with the provisions of this section;

 

(v) Excluding allowance for personal motor vehicles asspecified under W.S. 42-2-109(b), the amount of resources an assistance unitmay own shall be two thousand five hundred dollars ($2,500.00).

 

42-2-203. Establishment of program; powers and duties of division.

 

 

(a) The department shall:

 

(i) Establish an employment and training program which shallinclude job registration and may include job search employment training, workexperience and support services;

 

(ii) Establish the program in as many counties as is feasiblegiven funding limitations, cost effectiveness, geography and unemployment inthe county;

 

(iii) Enter into cooperative agreements with other agenciesproviding employment training and experience programs to prevent duplication;

 

(iv) Maintain financial and statistical records regarding theprogram including:

 

(A) Program expenditures;

 

(B) Number of persons participating in the program and theoutcome of each person's participation;

 

(C) Cost per participant.

 

(v) Provide participants a copy of the rules and regulationspromulgated by the department for the program on participation and for fairhearings.

 

(b) The department may contract with public agencies andprivate entities to implement this article. The department may promulgaterules and regulations to implement this article.

 

ARTICLE 3 - TELEPHONE ASSISTANCE PROGRAM

 

42-2-301. Definition.

 

Asused in this article "program" means the telephone assistance programcreated by W.S. 37-2-301 and administered by the public service commission.

 

42-2-302. Eligibility.

 

Any person who is eligible to receive services under eitherarticle 1 or 2 of chapter 2 or under chapter 4, title 42 of the Wyomingstatutes is eligible for assistance through the program.

 

 

42-2-303. Rules; certification of eligibility.

 

 

(a) The department shall promulgate rules and regulationsnecessary to establish procedures for taking applications for assistancethrough the program and to periodically certify to the public servicecommission the applicants eligible for the program. The applications forassistance shall contain authorization for disclosure of information necessaryto administer the program.

 

(b) The department shall upon request by the public servicecommission certify to the public service commission the names of applicantseligible for the program.

 

(c) At least annually, the department shall review the names ofpersons receiving program assistance and shall certify to the commission theeligibility of the persons receiving program assistance.

 

ARTICLE 4 - MEDICAID ELIGIBILITY

 

42-2-401. Definitions.

 

(a) For purposes of this article:

 

(i) "Asset", with respect to an individual, means:

 

(A) All income and resources of the individual and of theindividual's spouse, including any income or resources to which the individualor his spouse is entitled but does not receive because of action:

 

(I) By the individual or his spouse;

 

(II) By a person, including a court or administrative body, withlegal authority to act in place of or on behalf of the individual or his spouse;or

 

(III) By any person, including a court or administrative body,acting at the direction or upon the request of the individual or his spouse.

 

(B) An annuity purchased by or on behalf of an annuitant whohas applied for medical assistance with respect to long-term care servicesunless the annuity is an annuity as described in 42 U.S.C. 1396p(c)(1)(G)(i) or(ii).

 

(ii) "Income" means "income" as definedunder 42 U.S.C. 1396p(e)(2);

 

(iii) "Institutionalized individual" means anindividual who is an inpatient in a nursing facility, who is an inpatient in amedical institution and with respect to whom payment is made based on a levelof care provided in a nursing facility, or who is receiving home andcommunity-based services;

 

(iv) "Long-term care services" means nursing facilityservices, a level of care in any institution equivalent to that of nursingfacility services, and home and community-based services;

 

(v) "Resources" means "resources" asdefined under 42 U.S.C. 1396p(e)(5).

 

42-2-402. Transfers of assets affecting eligibility; exceptions;disclosures by applicants.

 

(a) If an institutionalized individual or the individual'sspouse has disposed of, for less than fair market value, any asset or interesttherein within sixty (60) months before or any time after the first date theindividual has both applied for medical assistance and been institutionalized,the individual is ineligible for medical assistance for long-term care servicesfor the period of time determined under subsection (b) of this section.

 

(b) For a transfer within the provisions of subsection (a) ofthis section, the number of months of ineligibility for long-term care servicesshall be the total, cumulative uncompensated value of all assets transferredwithin the sixty (60) month period, divided by the average monthly cost to aprivate patient for nursing facility services on the date of application. Theperiod of ineligibility begins with the later of:

 

(i) The first day of the first month in which the assets weretransferred and which does not occur in any other period of ineligibility;

 

(ii) The date on which the individual is eligible for medicalassistance under the state plan and would otherwise be receiving institutionallevel care, but for the application of the penalty period, and which does notoccur during any other period of ineligibility under this section.

 

(c) In the case of a transfer by the spouse of an individualwhich results in a period of ineligibility for medical assistance under thissection for the individual, the department shall, using a reasonablemethodology as specified by the secretary of health and human services,apportion the period of ineligibility for any portion of the period, among theindividual and the individual's spouse if the spouse otherwise becomes eligiblefor medical assistance under chapter 4 of this title.

 

(d) An institutionalized individual is not rendered ineligiblefor long-term care services due to a transfer within the provisions ofsubsection (a) of this section if the asset transferred was a home and:

 

(i) Title to the home was transferred to the individual's:

 

(A) Spouse;

 

(B) Child who is under age twenty-one (21);

 

(C) Blind or disabled child as defined in 42 U.S.C. 1382c;

 

(D) Sibling who has equity interest in the home and who wasresiding in the home for a period of at least one (1) year immediately beforethe date the individual became an institutionalized individual; or

 

(E) Child who was residing in the home for a period of at leasttwo (2) years immediately before t


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title42 > Chapter2

CHAPTER 2 - PUBLIC ASSISTANCE AND SOCIAL SERVICES

 

ARTICLE 1 - IN GENERAL

 

42-2-101. Short title.

 

Thisarticle may be cited as the "Wyoming Public Assistance and Social ServicesAct".

 

42-2-102. Definitions.

 

(a) Except as otherwise specifically provided, as used in thisarticle:

 

(i) "Commodities" means foods donated or availablefor donation by the department;

 

(ii) "Coupon" means any coupon, stamp or other type ofcertificate provided for the purchase of eligible food as defined by the foodstamp program;

 

(iii) "Electronic benefit transfer" means a system forthe food stamp program as an alternative to issuing food stamp coupons. Anelectronic benefit transfer system is a computer-based system in which thebenefit authorization is received through a point of sale terminal. Eligiblehouseholds utilize plastic cards in lieu of food stamp coupons to purchase fooditems at authorized food retailers. This type of benefit may also be used toissue other types of public welfare benefits;

 

(iv) "Food stamp benefit" means assistance provided bythe food stamp program to eligible households in the form of coupons,electronic benefit transfers or cash that are redeemable at federally approvedfood retailers;

 

(v) "Performance payment" means an amount payable toor on behalf of an eligible recipient;

 

(vi) "Public assistance" means financial assistance inthe form of a performance payment, vendor payment, food stamps or a paymentunder the minimum medical program;

 

(vii) "Public welfare benefit" means financialassistance provided to eligible persons in the form of a performance payment,vendor payment, food stamp coupon, electronic benefit transfer or cash. Thesebenefits may be received from several state or federal welfare programsincluding:

 

(A) Medicaid;

 

(B) General assistance;

 

(C) Emergency assistance;

 

(D) Low income energy assistance program;

 

(E) Minimum medical program;

 

(F) Day care.

 

(viii) "Social services" mean services specificallyauthorized by the legislature, defined by the comprehensive social servicesplan of the department and provided or purchased in accordance with this act;

 

(ix) "Approved educational program" means any programat the University of Wyoming or a Wyoming community college leading to abaccalaureate, associate degree, or certificate at the school or a vocationalprogram approved by the department, or other accredited educational programwithin Wyoming leading to a baccalaureate, associate degree or nationallyrecognized certification or license. The department, may, by rule andregulation specify particular courses of study or majors that do not generallylead to employment and are not approved educational programs.

 

42-2-103. Provision of assistance and services; duties of department;burial assistance; state supplemental security income program.

 

(a) The department shall provide and administer programs forpublic assistance and social services in Wyoming to those individuals lackingsufficient income or resources to provide themselves or their families with areasonable subsistence compatible with decency and health or with servicesnecessary for their well-being.

 

(b) In carrying out subsection (a) of this section and exceptas provided under the Wyoming Medical Assistance and Services Act, thedepartment shall:

 

(i) Develop a comprehensive social services plan and update theplan annually;

 

(ii) Establish policies and standards for the provision ofpublic assistance and social services in accordance with this article andfederal law and regulation;

 

(iii) Except as otherwise provided by law, establish by rule andregulation payment amounts and service levels for public assistance and socialservices programs provided under this article based upon the financialcondition of the individual applicant or recipient;

 

(iv) Supervise the expenditure of state funds and federal fundsallocated to the state for purposes of providing public assistance and socialservices in such a manner as to ensure that, to the extent funds are available,funds may be used in separate state-funded programs to:

 

(A) Use, to the extent practicable, state maintenance of effortfunds in a separate state funded program to provide public assistance toeligible individuals who have exhausted their benefits under the federaltemporary assistance to needy families block grant and are exempt from the five(5) year limitation under paragraph (e)(i) of this section;

 

(B) Establish or coordinate a skillstraining center pilot program in coordination with the community collegecommission to provide training to individuals as identified through anassessment process. Funding for the training center programs shall not be lessthan two and one-half percent (2.5%) of the total maintenance of effortbudget;

 

(C) Allow an individual receiving assistanceto attend school as provided by W.S. 42-2-109(a) provided the individual:

 

(I) Has completed an employment assessment conducted underdepartment rule or regulation;

 

(II) Meets the income and resource eligibility requirements ofthe personal opportunities with employment responsibilities (POWER) program;

 

(III) Qualifies as a full-time student under W.S.42-2-109(a)(ii)(A) and (C).

 

(v) Cooperate with and report to the United States departmentof health and human services and other federal agencies as necessary to qualifythe state for federal funding for public assistance and social services andcomply with federal law and regulations governing the administration andexpenditure of federal funds allocated to the state;

 

(vi) Serve as an agent of the federal government in matters ofmutual concern and in the administration of federal funds allocated to thestate for public assistance and social services;

 

(vii) Cooperate with other agencies as necessary to administerthis article;

 

(viii) Limit approved educational programs under paragraph (iv) ofthis subsection to educational courses not to exceed the baccalaureate level,or to one (1) vocational training program;

 

(ix) Amend the state plan submitted to the United Statesdepartment of health and human services to provide that the state elects asauthorized by section 402(1)(A)(ii) of P.L. 104-193 to define work as includingall activities permitted under section 407 of P.L. 104-193 plus satisfactoryfull-time school attendance as defined by W.S. 42-2-109;

 

(x) If full-time students as defined by W.S. 42-2-109 arerequired by federal law or regulation to work in addition to attending schoolfull-time, create a state funds only program using funds required formaintenance of effort to provide assistance to such students. Such a programshall take priority over other uses of the maintenance of effort fundsavailable, other than the pilot program provided by W.S. 42-2-103(b)(iv)(B)which shall have first priority;

 

(xi) Not discriminate against married couples with one (1) ormore dependent children applying for assistance, provided the department maymaintain work requirements for married couples consistent with the federal requirementsfor work participation for two (2) parent families;

 

(xii) Provide benefits under the personal opportunities withemployment responsibilities (POWER) program to permanent resident alienslawfully admitted to the United States under the Immigration and NationalityAct, as allowed under section 402 of P.L. 104-193;

 

(xiii) Exempt individuals domiciled in Wyoming from theapplication of section 115, subsection (a) of P.L. 104-193 allowing payment ofbenefits under the personal opportunities with employment responsibilitiesprogram (POWER) and the food stamp program;

 

(xiv) Promulgate and adopt rules and regulations necessary tocarry out this article;

 

(xv) Subject to the availability of funds, provide to recipientsin an approved education program under W.S. 42-2-109(a) at least two (2) hoursof dependent day care, if needed, for each hour the applicant is required to bein class, laboratory or other required instructional activity.

 

(c) Notwithstanding any other provision of this article, thedepartment shall pay the burial or cremation expenses of any recipient of aidunder the personal opportunities with employment responsibilities (POWER)program, supplemental security income or Medicaid at the time of his death andwithout sufficient means in his own estate or other resources to provide burialor cremation. The amount paid under this subsection shall not exceed onethousand dollars ($1,000.00) after consideration of funds available to therecipient from all other sources. In determining eligibility under thissubsection, the department shall not consider as available funds, an amount upto or equal to one thousand five hundred dollars ($1,500.00) of the corpus of aMedicaid qualifying trust meeting the requirements of W.S. 42-4-113. No boardof county commissioners shall be responsible for any burial or cremationexpenses in excess of the amount paid under this subsection. Burial orcremation expenses under this subsection shall not include those expensesrelating to cemetery costs.

 

(d) The department shall administer a state supplementalsecurity income program entitling any individual receiving payments under thefederal supplemental security income program with no other income during anyone (1) calendar month, to a payment for each month the condition exists. Themonthly payment under this subsection shall be established by the legislaturewithin the department's biennial budget appropriation, which shall not be lessthan the required payment under applicable federal law.

 

(e) In administering this section and in addition to otherrequirements imposed under this chapter and the Wyoming Medical Assistance andServices Act and federal rule and regulation, the department shall by rule andregulation:

 

(i) Limit assistance payable under W.S. 42-2-104 to five (5)years for any assistance unit within a lifetime, regardless of location. Timespent on assistance funded with federal funds and time spent on assistancefunded with state funds, shall be added together in determining the time spent onassistance for the purposes of this section. Adults who previously receivedassistance as a dependent child, excluding minor parents, shall be allowed upto the five (5) year lifetime limit under their own assistance unit. For minorparents only, one (1) year in the personal opportunities with employmentresponsibilities (POWER) program prior to reaching the age of majority shall becounted against the five (5) year lifetime limit. Months of assistance receivedfor an eligible dependent child by a nonparent caretaker relative who is notincluded in the calculation of the performance payment to the dependent childshall not count toward the nonparent caretaker relative's lifetime limit.Individuals who have received assistance under W.S. 42-2-104 for three (3) ormore years as of January 1, 1997, shall be eligible for two (2) additionalyears of assistance used after January 1, 1997. Any individual who is totallyphysically or mentally disabled as specified by department rules, or who is acaretaker and stays at home to provide full-time care for a totally disabled orincapacitated immediate family member who resides with the caretaker because noother reasonable alternative, as determined by the department, is available toprovide care and who otherwise qualifies for assistance under W.S. 42-2-104shall not be subject to the limitation imposed under this paragraph. For an individual who is such a caretaker, the departmentshall waive any work requirements that unduly interfere with the provision ofcare and may waive other program requirements as appropriate. Forpurposes of this section an individual is totally disabled or incapacitated ifhe has a physical or mental impairment to the extent that it prevents theindividual from achieving independent living, full-time employment, orparticipation in job training programs that will reasonably lead to independentliving and monetary self sufficiency. The department may consult a licensedphysician or other appropriate professional to make its determination of disabilityor incapacitation. Nothing in this paragraph shall prohibit the department fromrequiring recipients to maintain, improve or enhance employment andself-sufficiency efforts and activities. The department shall waive timelimits, and may waive other program requirements as provided in paragraph(viii) of this subsection, as allowed under sections 402(a)(7)(A)(iii) and408(a)(7)(A)(iii) of the federal Social Security Act, as amended by P.L.104-193, for a period not to exceed two (2) years for individuals who arefleeing for personal safety or for the safety of their children or who havebeen victimized by domestic violence or who are at risk of further domesticviolence. The department may extend assistance up to one (1) year under eitherthe federal or state program in addition to the five (5) year limitationimposed under this paragraph for the following reasons:

 

(A) Repealed By Laws 1997, ch. 196, 2.

 

(B) Continuation of education leading toward an associate or abaccalaureate degree under the state funded program only;

 

(C) Abandonment.

 

(ii) Require an unmarried parent under the age of eighteen (18)and the dependent child of the minor parent to reside in the household of aparent or in a supervised setting with an adult relative or court appointedguardian or custodian in order to qualify for assistance under W.S. 42-2-104,unless the minor parent is emancipated under law. Assistance under thisparagraph shall be payable to the parent, relative or court appointed guardianor custodian on behalf of the minor parent and the dependent child. The incomeand resources of the parents shall be considered in determining eligibility forassistance under W.S. 42-2-104. If the minor custodial parent is living with aqualified person other than a parent and except for exemptions specified bydepartment rule and regulation, the department shall through local childsupport enforcement agencies, enforce child support obligations of the parentsof each minor parent, including the parents of the noncustodial minor parent.The department shall waive the requirements of this subsection if the onlyavailable households contain an individual who has been convicted of violatingW.S. 6-4-402 or who has been charged with violating W.S. 6-4-402 and the chargeshave not received final disposition. The department shall assist lawenforcement officials and the family of a minor mother to pursue the filing ofcriminal charges against the father of the minor mother's child if the minormother conceived her child while under sixteen (16) years of age and the fatherwas at least four (4) years older than the minor mother at the time ofconception;

 

(iii) Limit assistance payable under W.S. 42-2-104 for the year2008 as follows:

 

Family Size Cumulative Inflation MaximumPOWER

 

Factor Payment

 

1 1.489 $290

 

2 1.489 476

 

3 1.489 506

 

4 1.489 506

 

5 1.489 536

 

6 1.489 536

 

7 and above 1.489 566

 

Beginning July 1, 2009 and annuallythereafter, the maximum payment level shall be adjusted for the percentagechange in the Wyoming cost-of-living index for the previous fiscal year asdetermined by the division of economic analysis of the department of administrationand information.

 

(iv) Establish only one (1) earned income disregard fordetermining assistance payable under W.S. 42-2-104 at two hundred dollars($200.00) per month for any one (1) recipient. For married couples the earnedincome disregard shall be four hundred dollars ($400.00) per month. Thedepartment may in addition establish an additional individual earned incomedisregard tailored to the individual person as part of that person's self-sufficiencyplan developed pursuant to paragraph (v) of this subsection, provided:

 

(A) Such an individual earned income disregard shall beavailable only during time periods when the person is working at paidemployment enough average number of hours per week to qualify as working forthe purposes of section 407 of P.L. 104-193;

 

(B) The amount disregarded shall not exceedsix dollars and fifty cents ($6.50) per hour except that in high cost of livingareas as defined by the department it shall not exceed seven dollars and fiftycents ($7.50) per hour;

 

(C) The disregard shall be structured to allow one-half (1/2)of the person's preemployment personal opportunities with employmentresponsibilities (POWER) grant for a period not to exceed six (6) months andone-quarter (1/4) of the personal opportunities with employmentresponsibilities (POWER) grant for an additional period not to exceed six (6)months;

 

(D) The one-half (1/2) grant in the firstperiod may be paid from either state funds or federal funds and shall counttoward the five (5) year limit established by W.S. 42-2-103(e). Theone-quarter (1/4) grant in the second period shall be paid from statemaintenance of effort funds and shall not be subject to the time limitsestablished by W.S. 42-2-103(e);

 

(E) The use of the individual earned incomedisregard may be conditioned upon successful completion of other portions ofthe person's self-sufficiency plan;

 

(F) The decision to allow an individual earned income disregardin a particular case is discretionary with the department and the department'sdecision is not subject to judicial review;

 

(G) The individual earned income disregardshall be used only to the extent the department determines funds are availableand are not needed for other purposes with higher priority.

 

(v) In accordance with guidelines and criteria prescribed byrule and regulation of the department and unless otherwise qualifying for agood cause exemption pursuant to rule and regulation of the department, requirethe development of and adherence to a self-sufficiency plan with guidelines andassistance provided by the department, as a condition for benefit eligibilityunder the personal opportunities with employment responsibilities (POWER)program. A self sufficiency plan including timely completion of an approvededucational program complying with W.S. 42-2-109(a) shall be deemed to meet therequirements of this subsection if adhered to. Any person not qualifying for agood cause exemption and failing to comply with this paragraph shall besanctioned, to include disqualification under the personal opportunities withemployment responsibilities (POWER) program and be disqualified from receivingbenefits under the food stamp and medical assistance programs. The sanctionshall be established at a level which would continue to assure children in anoncompliance household would be eligible for food stamps and Medicaid. Subjectto procedure prescribed by department regulation, any recipient may at any timerequest a good cause exemption from the requirements of this section;

 

(vi) Impose time limitations on educational goals of recipientsof assistance under W.S. 42-2-104 who are under twenty (20) years of age andhave not obtained a high school diploma or general equivalency degree;

 

(vii) Require that applicants and current recipients cooperatewithin a period specified by department rules to establish paternity and childsupport obligations, subject to good cause exceptions established by departmentrules and regulations. The applicant shall not be eligible for personalopportunities with employment responsibilities benefits and a recipient shallnot receive benefits until the applicant or recipient has cooperated asrequired under this paragraph;

 

(viii) Provide that the department may waive program requirements,other than time limits which shall be waived under paragraph (i) of thissubsection, for individuals who are fleeing for personal safety or for thesafety of their children or who have been victimized by domestic violence, orwho are at risk of further domestic violence, as follows:

 

(A) Work participation requirements or state postsecondaryeducation program restrictions may be waived for one (1) year, withoutre-evaluation, for individuals who have not exhausted their benefits under thefederal temporary assistance to needy families block grant. Programrequirements under this paragraph may not be waived for longer than:

 

(I) One (1) year, unless the recipient's circumstances arere-evaluated at six (6) month intervals after the first year;

 

(II) Two (2) years, unless the recipient meets the requirementsof subdivision (I) of this subparagraph and is cooperating in the developmentand implementation of a plan with the department and the local domesticviolence agency to correct circumstances which have contributed to the domesticviolence or the threat of domestic violence.

 

(B) For individuals who have exhausted their benefits under thefederal temporary assistance to needy families block grant, programrequirements under this paragraph may be waived by the department only if theindividual's circumstances are re-evaluated at six (6) month intervals and,after one (1) year, the individual is cooperating in the development andimplementation of a plan with the department and the local domestic violenceagency to correct circumstances which have contributed to the domestic violenceor threat of domestic violence.

 

(f) In administering the child care and development fundprovided for in the federal Child Care and Development Block Grant Act, andsubject to approval of a state plan amendment by the administration of childrenand families of the United States department of health and human services, thedepartment shall:

 

(i) Annually by April 1 establish the hourly copayment requiredto be paid by parents for each eligible child, subject to the following:

 

(A) Households with income at or below one hundred percent(100%) of the federal poverty level shall not be required to make a copayment;

 

(B) For households with income above one hundred percent (100%)up to two hundred twenty-five percent (225%) of the federal poverty level, thecopayment shall be calculated based on the following table. For each categoryof income in the first column, the parents' hourly copayment per child shall bedetermined by multiplying the annual income dollar amount for a family of two(2) that corresponds with the percentage of federal poverty level in the secondcolumn by the multiplier in the third column, then dividing by two thousandthree hundred forty (2,340), the annual number of hours of child care requiredby a full-time working parent, and rounding the result to the nearest fivecents ($.05):

 

HouseholdCategory Federal Poverty Multiplier

 

of Income Level Income Factor

 

101%- 125% 113% 1.25%

 

126%- 150% 138% 2.00%

 

151%- 175% 163% 7%

 

176%- 200% 188% 9%

 

201%- 225% 213% 12%

 

(C) In determining eligibility, the department shall use themost recent federal poverty guidelines for the applicant's household size andincome. In determining the hourly copayment for each eligible child, thedepartment shall use the appropriate category of income in which the householdqualifies;

 

(D) If the department determines that funding will beinadequate to implement the child care and development fund for the balance ofthe appropriation period, the department may increase copayments as calculatedby subparagraph (B) of this paragraph by ten percent (10%) for households whoseincome is less than two hundred percent (200%) of the federal poverty level andby twenty percent (20%) for households whose income is equal to or above twohundred percent (200%) of the federal poverty level.

 

(ii) From funds available under the American Recovery andReinvestment Act of 2009, any funds not needed for completion of the electronicbenefit transfer system shall be used to make grants for materials and suppliesto child care facilities, provided however that a facility receiving a grantshall agree in writing to provide not less than twenty-five percent (25%) ofthe facility's available care to persons determined eligible under paragraph(i) of this subsection, for a period commensurate with the amount of the grantas determined by rule and regulation of the department, or to repay any moniesgranted under this paragraph to the state of Wyoming plus interest at the rateof ten percent (10%) per annum;

 

(iii) If the department determines that eligibility for othersocial services programs changes in ways that require a change in the formulaprovided by paragraph (i) of this subsection, the department shall report thechange together with recommended legislation to the joint labor health andsocial services interim committee.

 

42-2-104. Personal opportunities with employment responsibilities;provision; eligibility; unemployed parent program.

 

(a) The department may through the personal opportunities withemployment responsibilities (POWER) program provide financial assistance for adependent child and an eligible caretaker. Financial assistance under thisprogram shall be in the form of a performance payment or protective paymentpayable to or on behalf of an eligible recipient. Any individual not a relativeof the dependent child but interested in or concerned with the welfare of thechild and his eligible caretaker may subject to qualifications prescribed byrule and regulation of the department, receive a protective payment on behalfof the dependent child which shall not count toward the caretaker's five (5)year limit for benefits under W.S. 42-2-103(e)(i) unless the nonrelativecaretaker is included in the calculation of the performance payment of thedependent child.

 

(b) In addition to any other state or federal regulation andsubject to W.S. 42-2-103(e), an assistance unit qualifying under W.S.42-2-103(a) with a dependent child is eligible for financial assistance underthe personal opportunities with employment responsibilities (POWER) program.For purposes of this subsection, a dependent child includes any child who isunder eighteen (18) years of age and living with a relative in a residencemaintained by the relative as determined by rule and regulation of thedepartment, regularly attending school or its equivalent as determined by thedepartment, or is expected to graduate from high school before the age ofnineteen (19) years. For purposes of this subsection, a dependent child doesnot include a minor parent.

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

(d) Subject to the availability of funds, the department may byrule and regulation create a program to provide financial assistance toassistance units in which there is a dependent child and both of the parentsare unemployed.

 

42-2-105. Application for assistance and services; investigation ofapplicant.

 

 

(a) An individual or other person on his behalf may apply inwriting for public assistance and social services under this article to thefield office of the department located within the county or region in which theindividual resides. A relative or other person interested in the welfare of adependent child and his family may apply for the child. Application shall beupon a form and in a manner prescribed by rule and regulation of thedepartment.

 

(b) Upon receipt of an application under subsection (a) of thissection, the department shall investigate the facts stated in the applicationand obtain necessary information to determine eligibility for public assistanceand social services.

 

42-2-106. Approval or disapproval of application; notification ofapplicant; amount and form of assistance and services.

 

(a) Based upon the eligibility of an applicant, the departmentshall approve or disapprove each application for public assistance or socialservices filed with its field offices pursuant to W.S. 42-2-105 and shallnotify the applicant of its decision. Eligibility determinations for publicassistance under this chapter shall be made separately from eligibilitydeterminations for medical assistance under Title XIX of the federal SocialSecurity Act.

 

(b) Upon approval and in accordance with this article and itsrules and regulations, the department shall determine the form, amount andcommencement date of public assistance and social services for each approvedapplication. In determining the amount of public assistance and social servicesfor applicants who receive a housing subsidy, for households with asupplemental security income recipient or for unmarried minor parentapplicants, the department shall take into consideration the supplied sheltertables as established in its rules and regulations.

 

(c) In any assistance program under this chapter for whichincome is the criterion or one (1) of the criteria for assistance payments,compensation received for a veteran's service connected disability shall not becounted in determining income if that compensation on an annual basis is notmore than the poverty level for the applicant as determined by the federaloffice of management and budget.

 

(d) When the department approves an application for public assistanceunder the personal opportunities with employment responsibilities (POWER)program, it shall inform the approved applicant of the opportunity to continueto receive benefits under the program while participating in an approvededucational program, provided the person is accepted into the approvededucational program and otherwise continues to meet eligibility requirements ofboth programs.

 

42-2-107. Payment of assistance; custodian for incompetent recipients.

 

(a) Public assistance and social services approved under thisarticle:

 

(i) May be provided in the form of a performance payment orother financial assistance, in the home of the applicant, in an institution orin any other manner or form determined appropriate by rule and regulation ofthe department;

 

(ii) Shall be provided to the recipient until terminated ormodified pursuant to this article;

 

(iii) Shall be provided to qualified recipients who move toWyoming from other states, except the amount of the performance payment orother financial assistance for the first twelve (12) months of eligibility inWyoming may, at the option of the department, be the lesser of:

 

(A) The amount of assistance for which the recipient would beentitled in Wyoming; or

 

(B) The amount of the assistance the recipient would bereceiving in the state of prior residence.

 

(b) A performance payment or any other form of publicassistance shall be payable to the recipient or to a custodian or a vendor onbehalf of the recipient. If the recipient is determined incompetent forpurposes of using the public assistance provided under this article in the mostbeneficial manner, the amount may be payable to a custodian of the recipient.Subject to approval of the department, the custodian may receive and dispose ofthe public assistance on behalf of the recipient and shall report quarterly tothe department providing a detailed accounting of his management of the amountsreceived under this subsection. The department shall review the report,determine if the conduct of the custodian is in the best interests of therecipient and file a copy of the report in the recipient's case record.

 

42-2-108. Continuous assistance to recipient changing residence toanother county; assistance provided to nonresidents; termination upon leavingstate.

 

 

(a) The department shall provide for the continuous anduninterrupted receipt of approved public assistance and social services by anyeligible recipient changing his residence from one (1) county to another countyin the state until otherwise terminated or modified in accordance with thisarticle.

 

(b) Any transient or nonresident of the state may receivepublic assistance or social services provided under this article if approved inaccordance with this article. The department may require the transient ornonresident to pay his transportation and expenses if he possesses property,income or other resources other than personal effects necessary for decency andhealth.

 

(c) Public assistance or social services shall be terminated inthe manner prescribed by rule and regulation of the department for anyrecipient moving to another state.

 

42-2-109. Review of assistance and services; termination ormodification; notice to department of change in resources.

 

(a) Public assistance and social services provided under thisarticle shall be reviewed at least once each year, except for recipientsenrolled in an approved educational program which shall be reviewed once everysix (6) months. An approved educational program under this section shall belimited to educational courses not to exceed the baccalaureate degree level.After review, the department may continue, modify or terminate publicassistance and social services in accordance with the circumstances of therecipient and the provisions of this article. The department shall provide areport to the joint labor, health and social services interim committee nolater than October 1, 2005, and annually thereafter, with respect to the numberof new individuals enrolled in an approved education program under this sectionand how long each new student has been a Wyoming resident at the time ofenrollment. Review of recipients in an approved educational program pursuantto this subsection shall require that recipients:

 

(i) To maintain a "C" or equivalent cumulative gradepoint average in the approved educational program;

 

(ii) Be enrolled as a full-time student, provided:

 

(A) To qualify as a full-time student under this paragraph, thestudent shall be enrolled for a minimum of twelve (12) credit hours persemester or activities that equal twelve (12) credit hours as defined by theinstitution and complete twenty-four (24) or more credit hours per year oractivities that equal twenty-four (24) credit hours per year as defined by theinstitution in an approved educational program;

 

(B) A full-time student qualifying under this paragraph isexempt from any work or community service requirement under this article,except as provided in paragraph (iii) of this subsection;

 

(C) To qualify under this paragraph, the full-time studentshall be a Wyoming resident in accordance with guidelines and criteriaprescribed by rule and regulation of the department.

 

(iii) From the end of the spring semester to the beginning of thefall semester, work at least thirty-two (32) hours per week for at least ten(10) weeks or successfully complete six (6) credit hours. The department maywaive this requirement for good cause.

 

(iv) Repealed by Laws 2005, ch. 238, 2.

 

(b) Upon gaining possession of any property, income or otherresources after receiving any public assistance and social services under thisarticle, a recipient shall immediately notify the department as he becomesaware of the change in circumstances. The amount of public assistance andsocial services provided to the recipient shall be accordingly terminated ormodified pursuant to rule and regulation of the department. The departmentshall allow the exclusion of one (1) duly registered and licensed motor vehiclefrom personal resources in determining eligibility for any household under thepersonal opportunities with employment responsibilities (POWER) and food stampprograms. Married couples shall be allowed a second duly registered andlicensed motor vehicle.

 

(c) Repealed By Laws 1997, ch. 196, 2.

 

42-2-110. Administrative and judicial review.

 

 

(a) An applicant or recipient whose application is not actedupon within a reasonable time following the date of application or who isaggrieved by any determination for the provision, amount, modification ortermination of public assistance and social services under this article mayappeal to the department in a manner and form prescribed by the department. The department shall provide the applicant or recipient reasonable notice inaccordance with its rules and regulations and shall provide opportunity for hearingpursuant to the Wyoming Administrative Procedure Act. Following conclusion ofthe hearing, the department shall render a final decision.

 

(b) A decision of the department may be appealed to thedistrict court as provided by the Wyoming Administrative Procedure Act.

 

42-2-111. Prohibited disclosure and use of records; penalty; judicialdiscovery.

 

(a) Except as provided in this section, no person shalldisclose, receive, use or knowingly permit or participate in the use of anyinformation derived from records maintained pursuant to law or acquired in theperformance of duties under this article for purposes not directly related tothe administration of this article.

 

(b) A violation of subsection (a) of this section is amisdemeanor.

 

(c) In accordance with the Wyoming Rules of Civil Procedure,any county or district court may subpoena the records maintained under thisarticle and require the testimony of personnel involved in the administrationof this article which is pertinent to any proceeding involving the:

 

(i) Custody, welfare or interest of any minor receiving publicassistance and social services under this article;

 

(ii) Termination of parental rights as provided by law;

 

(iii) Prosecution of any person for a crime connected with obtainingpublic assistance and social services;

 

(iv) Foreclosure of liens held by the department.

 

(d) Upon request of a federal, state or local law enforcementofficer as defined by federal statute and W.S. 9-1-701(a)(vi), the departmentmay furnish the requesting officer the current address of any recipient underthe personal opportunities with employment responsibilities (POWER) program ifthe requesting officer:

 

(i) Furnishes the department with the name of the recipient;and

 

(ii) Notifies the department that the recipient:

 

(A) Is a fleeing felon as described in paragraph (iii) of thissubsection or has information necessary for the requesting officer to conductthe officer's official duties; and

 

(B) The location or apprehension of the recipient is within therequesting officer's duties.

 

(iii) For purposes of this section, a fleeing felon is defined asan individual who:

 

(A) Is fleeing to avoid prosecution, custody or confinementafter conviction, under the laws of the jurisdiction from which the individualflees, for a crime or attempt to commit a crime, which is a felony under thelaws of the jurisdiction from which the individual flees, or which, in the caseof the state of New Jersey, is a high misdemeanor, or is violating a conditionof probation or parole imposed under federal or state law; and

 

(B) Whose conduct as described in this subsection has not beenpardoned by the president of the United States or the governor of thejurisdiction from which the felon flees.

 

(e) If the department learns of the location of a fleeing felonor of an individual who has an outstanding warrant for his arrest, thedepartment shall notify the appropriate law enforcement agency. The departmentshall limit disclosure under this section by providing only the current addressof the recipient under the personal opportunities with employmentresponsibilities (POWER) program.

 

42-2-112. Misrepresentation; penalties; recovery, termination ormodification of assistance and services.

 

 

(a) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any form of food stamp benefit under the foodstamp program.

 

(b) No person shall knowingly make a false statement ormisrepresentation, fail to disclose a material fact, aid, abet or conspire withany other person in obtaining any commodity under the food stamp program.

 

(c) No person shall knowingly trade or otherwise dispose of anyfood stamp benefit received under the food stamp program, except to a federallyauthorized food retailer.

 

(d) No person shall knowingly sell any form of food stampbenefit to any other person.

 

(e) No person shall knowingly give, sell, trade or otherwisedispose of any commodity obtained under the food stamp program to any otherperson.

 

(f) No person shall knowingly buy, trade or otherwise obtainany form of food stamp benefit from any other person, except as authorized bylaw.

 

(g) No person shall knowingly buy, trade or otherwise obtainany commodity under the food stamp program from any other person, except asauthorized by law.

 

(h) No person shall knowingly make a false statement ormisrepresentation, knowingly fail to disclose a material fact, aid, abet orconspire with any other person in obtaining public welfare benefits.

 

(j) No person shall knowingly directly or indirectly deprivehimself of any property, income or other resources in order to qualify forpublic welfare benefits.

 

(k) Any person violating this section is guilty of:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, a fine of not more than ten thousand dollars ($10,000.00), or both,if the value of the commodity, food stamp benefit or other public welfarebenefit under this article is five hundred dollars ($500.00) or more; or

 

(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the commodity, food stamp benefit or other publicwelfare benefit under this article is less than five hundred dollars ($500.00).

 

(m) In addition to the penalty imposed under subsection (k) ofthis section, the amount of public welfare benefits improperly provided due toany violation of this section may be recovered by appropriate action which shallbe instituted by the department or by the attorney general on behalf of thedepartment.

 

(n) The department shall disapprove, terminate or modify thepublic welfare benefits to any applicant or recipient who has been found guiltyof violating this section until any court sentence under this section iscompleted and full restitution is made to the department. Public welfarebenefits shall not be denied to any minor because of violation of this sectionby a parent or guardian.

 

42-2-113. Assignment or transfer of assistance and services; exemptionfrom legal process.

 

(a) Any assignment or transfer of public assistance and socialservices provided under this article is void.

 

(b) Except as authorized under W.S. 42-2-112(m), publicassistance and social services provided by this article are exempt from levy,execution, attachment, garnishment or other legal process or debt collectionremedy. A waiver of exemptions provided by this subsection is void.

 

42-2-114. Reimbursement of federal government.

 

Thedepartment shall reimburse the federal government as required by federal law.

 

ARTICLE 2 - EMPLOYMENT AND TRAINING PROGRAM

 

42-2-201. Definitions.

 

 

(a) As used in this article:

 

(i) "Program" means the employment and trainingprogram created under this article;

 

(ii) "Support services" includes transportation, childcare and other services necessary to enable participants in the program toparticipate without hardship to themselves or their families.

 

42-2-202. Participation required; exemptions; disqualification ofbenefits.

 

(a) If available within the county of his residence, any personreceiving benefits from the department under the food stamp or personalopportunities with employment responsibilities (POWER) programs shall as acondition of receiving any benefits, participate in the employment and trainingprogram unless he:

 

(i) Is not physically able to work;

 

(ii) Is determined to be unemployable by an employmentassessment conducted pursuant to department rule or regulation; or

 

(iii) Qualifies for a good cause exemption under rule andregulation of the department.

 

(b) Any person not exempt under this section and failing toparticipate in the program as required under this article may be disqualified fromreceiving benefits under the food stamp or personal opportunities withemployment responsibilities (POWER) programs. A good cause exemption may berequested at any time by a benefit recipient.

 

(c) Notwithstanding any other provisions of this title allnonexempt recipients under the personal opportunities with employmentresponsibilities (POWER) program in the state shall be required to work orperform community service as defined by rules and regulations of the departmentsubject to coordination with the United States department of health and humanservices if required. Recipients may be exempted from the requirement underthis subsection if one (1) of the nonexempt recipients within the assistanceunit:

 

(i) Repealed By Laws 1997, ch. 196, 2.

 

(ii) Repealed By Laws 1997, ch. 196, 2.

 

(iii) Except as provided in paragraph (c)(iv) of this section,has a child who has not attained the age of three (3) months;

 

(iv) Gives birth to a child after ten (10) months as a recipientunder the personal opportunities with employment responsibilities (POWER)program. The recipient under this paragraph shall be exempted from therequirements under this section for a period of three (3) months after thechild is born, unless the parent is a minor child in which case the recipientshall be required to attend school in accordance with paragraph (v) of thissubsection;

 

(v) Is a minor child who is required to attend school pursuant toW.S. 21-4-102; or

 

(vi) For other good cause as determined by the department.

 

(d) Benefits and eligibility requirements under the personalopportunities with employment responsibilities (POWER) program shall bemodified for assistance units under subsection (c) of this section as follows:

 

(i) Assistance units complying with subsection (c) of thissection shall receive full benefits to which they are otherwise entitled underthis title;

 

(ii) In an assistance unit having a minor who has completed theeighth grade or has attained sixteen (16) years of age, but has not yetgraduated from high school and refuses to attend school or accept suitableemployment if the parent will not cooperate with the appropriate authorities asspecified in a plan approved by the department to resolve the problem, theassistance unit shall not receive a performance payment for any month the minorrefuses to attend school or accept suitable employment;

 

(iii) Monthly earned income of a dependent full-time student upto the age of eighteen (18), excluding minor parents, shall not be included asincome and resources in determining the eligibility of the assistance unit forassistance and the amount of assistance while the student is living in theresidence of his caretaker relative;

 

(iv) In assistance units in which recipients not otherwiseexempted from the requirements of subsection (c) of this section, theassistance unit shall not receive a performance payment for any month therecipient fails to comply with subsection (c) of this section and the recipientshall not be eligible for medical assistance under chapter 4 of this titleuntil the recipient complies with the provisions of this section;

 

(v) Excluding allowance for personal motor vehicles asspecified under W.S. 42-2-109(b), the amount of resources an assistance unitmay own shall be two thousand five hundred dollars ($2,500.00).

 

42-2-203. Establishment of program; powers and duties of division.

 

 

(a) The department shall:

 

(i) Establish an employment and training program which shallinclude job registration and may include job search employment training, workexperience and support services;

 

(ii) Establish the program in as many counties as is feasiblegiven funding limitations, cost effectiveness, geography and unemployment inthe county;

 

(iii) Enter into cooperative agreements with other agenciesproviding employment training and experience programs to prevent duplication;

 

(iv) Maintain financial and statistical records regarding theprogram including:

 

(A) Program expenditures;

 

(B) Number of persons participating in the program and theoutcome of each person's participation;

 

(C) Cost per participant.

 

(v) Provide participants a copy of the rules and regulationspromulgated by the department for the program on participation and for fairhearings.

 

(b) The department may contract with public agencies andprivate entities to implement this article. The department may promulgaterules and regulations to implement this article.

 

ARTICLE 3 - TELEPHONE ASSISTANCE PROGRAM

 

42-2-301. Definition.

 

Asused in this article "program" means the telephone assistance programcreated by W.S. 37-2-301 and administered by the public service commission.

 

42-2-302. Eligibility.

 

Any person who is eligible to receive services under eitherarticle 1 or 2 of chapter 2 or under chapter 4, title 42 of the Wyomingstatutes is eligible for assistance through the program.

 

 

42-2-303. Rules; certification of eligibility.

 

 

(a) The department shall promulgate rules and regulationsnecessary to establish procedures for taking applications for assistancethrough the program and to periodically certify to the public servicecommission the applicants eligible for the program. The applications forassistance shall contain authorization for disclosure of information necessaryto administer the program.

 

(b) The department shall upon request by the public servicecommission certify to the public service commission the names of applicantseligible for the program.

 

(c) At least annually, the department shall review the names ofpersons receiving program assistance and shall certify to the commission theeligibility of the persons receiving program assistance.

 

ARTICLE 4 - MEDICAID ELIGIBILITY

 

42-2-401. Definitions.

 

(a) For purposes of this article:

 

(i) "Asset", with respect to an individual, means:

 

(A) All income and resources of the individual and of theindividual's spouse, including any income or resources to which the individualor his spouse is entitled but does not receive because of action:

 

(I) By the individual or his spouse;

 

(II) By a person, including a court or administrative body, withlegal authority to act in place of or on behalf of the individual or his spouse;or

 

(III) By any person, including a court or administrative body,acting at the direction or upon the request of the individual or his spouse.

 

(B) An annuity purchased by or on behalf of an annuitant whohas applied for medical assistance with respect to long-term care servicesunless the annuity is an annuity as described in 42 U.S.C. 1396p(c)(1)(G)(i) or(ii).

 

(ii) "Income" means "income" as definedunder 42 U.S.C. 1396p(e)(2);

 

(iii) "Institutionalized individual" means anindividual who is an inpatient in a nursing facility, who is an inpatient in amedical institution and with respect to whom payment is made based on a levelof care provided in a nursing facility, or who is receiving home andcommunity-based services;

 

(iv) "Long-term care services" means nursing facilityservices, a level of care in any institution equivalent to that of nursingfacility services, and home and community-based services;

 

(v) "Resources" means "resources" asdefined under 42 U.S.C. 1396p(e)(5).

 

42-2-402. Transfers of assets affecting eligibility; exceptions;disclosures by applicants.

 

(a) If an institutionalized individual or the individual'sspouse has disposed of, for less than fair market value, any asset or interesttherein within sixty (60) months before or any time after the first date theindividual has both applied for medical assistance and been institutionalized,the individual is ineligible for medical assistance for long-term care servicesfor the period of time determined under subsection (b) of this section.

 

(b) For a transfer within the provisions of subsection (a) ofthis section, the number of months of ineligibility for long-term care servicesshall be the total, cumulative uncompensated value of all assets transferredwithin the sixty (60) month period, divided by the average monthly cost to aprivate patient for nursing facility services on the date of application. Theperiod of ineligibility begins with the later of:

 

(i) The first day of the first month in which the assets weretransferred and which does not occur in any other period of ineligibility;

 

(ii) The date on which the individual is eligible for medicalassistance under the state plan and would otherwise be receiving institutionallevel care, but for the application of the penalty period, and which does notoccur during any other period of ineligibility under this section.

 

(c) In the case of a transfer by the spouse of an individualwhich results in a period of ineligibility for medical assistance under thissection for the individual, the department shall, using a reasonablemethodology as specified by the secretary of health and human services,apportion the period of ineligibility for any portion of the period, among theindividual and the individual's spouse if the spouse otherwise becomes eligiblefor medical assistance under chapter 4 of this title.

 

(d) An institutionalized individual is not rendered ineligiblefor long-term care services due to a transfer within the provisions ofsubsection (a) of this section if the asset transferred was a home and:

 

(i) Title to the home was transferred to the individual's:

 

(A) Spouse;

 

(B) Child who is under age twenty-one (21);

 

(C) Blind or disabled child as defined in 42 U.S.C. 1382c;

 

(D) Sibling who has equity interest in the home and who wasresiding in the home for a period of at least one (1) year immediately beforethe date the individual became an institutionalized individual; or

 

(E) Child who was residing in the home for a period of at leasttwo (2) years immediately before t

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