SB420: relative to aid to the permanently and totally disabled.

CHAPTER 184

SB 420-FN - FINAL VERSION

02/11/2016 0387s

2016 SESSION

16-2749

05/04

SENATE BILL 420-FN

AN ACT relative to aid to the permanently and totally disabled.

SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. M. Smith, Straf. 6; Rep. Kotowski, Merr. 24; Rep. Leishman, Hills. 24

COMMITTEE: Health and Human Services

ANALYSIS

This bill addresses eligibility for state cash assistance as part of aid to the permanently and totally disabled. The bill authorizes the department of health and human services to adopt rules relative to the continuation of state cash assistance pending appeal of a termination decision.

The bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/11/2016 0387s 16-2749

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to aid to the permanently and totally disabled.

Be it Enacted by the Senate and House of Representatives in General Court convened:

184:1 Eligibility for Aid to the Permanently and Totally Disabled. Amend RSA 167:6, VI to read as follows:

VI. For the purposes hereof, a person shall be eligible for aid to the permanently and totally disabled who is between the ages of 18 and 64 years of age inclusive; is a resident of the state; and is disabled as defined in the federal Social Security Act, Titles II and XVI and the regulations adopted under such act, except that the minimum required duration of the impairment shall be 48 months, unless and until the department adopts a 12-month standard in accordance with RSA 167:3-j. In determining disability, the standards for "substantial gainful activity'' as used in the Social Security Act shall apply, including all work incentive provisions including Impairment Related Work Expenses, Plans to Achieve Self Support, and subsidies. Notwithstanding any provision of law to the contrary, eligibility for state cash assistance and medical assistance shall be conditioned upon the [recipient] person filing an application or applications for any federal cash [assistance] benefits for which the individual may be entitled and pursuing [any] all appeals available for those federal cash benefits. State cash assistance for an applicant shall [terminate] be denied, or for a recipient shall be terminated, upon a finding of clinical ineligibility for such federal cash benefits, except that any individual receiving cash assistance on June 30, 2011 shall only be ineligible for cash assistance upon a second finding of clinical ineligibility. Notwithstanding any provision of the law to the contrary, an individual who appeals the [closure] termination of state cash assistance, pursuant to RSA 161:4, IV, for the reasons set forth in this paragraph, shall not continue to receive such state cash assistance benefits during the pendency of such appeal unless otherwise specified by the commissioner of the department of health and human services in accordance with rules adopted under RSA 541-A. No person shall be eligible to receive such aid while receiving old age assistance, aid to the needy blind, or [aid] state cash assistance to families with dependent children.

184:2 Effective Date. This act shall take effect upon its passage.

Approved: June 3, 2016

Effective Date: June 3, 2016