Revision: Dec. 24, 2015, midnight
\t \t\tSB 420-FN - AS INTRODUCED
2016 SESSION
\t16-2749
\t05/04
SENATE BILL\t420-FN
AN ACT\trelative to aid to the permanently and totally disabled.
SPONSORS:\tSen. 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:\tHealth and Human Services
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ANALYSIS
\tThis 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.
\tThe bill is a request of the department of health and human services.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2749
\t05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to aid to the permanently and totally disabled.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Eligibility for Aid to the Permanently and Totally Disabled. Amend RSA 167:6, VI to read as follows:
\t\tVI. 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 shall [terminate] be denied or 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.
\t2 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2749
\t\t\t\t\t\t\t\t\t\t\t12/11/15
SB 420-FN- FISCAL NOTE
AN ACT\trelative to aid to the permanently and totally disabled.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, may reduce state general fund expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local expenditures, or on state, county, and local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill addresses eligibility for cash assistance as part of Aid to the Permanently and Totally Disabled (APTD). In addition, the bill authorizes the Department to adopt rules relative to the continuation of state cash assistance pending appeal of a termination decision. The Department states that currently, its Administrative Appeals Unit (AAU) interprets "federal cash assistance benefits" to mean only Supplemental Security Income (SSI), as Social Security Disability Insurance (SSDI) is not assistance, but rather a federal insurance program. Accordingly, if the Department finds an individual is clinically ineligible for SSDI, the AAU will reverse the Department's decision to terminate state APTD benefits. (State APTD benefits are linked to SSI and/or SSDI eligibility determinations.) The Department states that by amending RSA 176:6, VI to remove the reference to federal "assistance," this bill clarifies that "federal cash benefits" means either SSI or SSDI. The Department anticipates that as a result of this change, the AAU will uphold the Department's administrative determinations regarding SSDI-only clinical ineligibility determinations. Although the Department is not able to predict the bill's fiscal impact, it notes that in FY 2015, it disbursed approximately $18,000 in benefits that would not have been issued had the AAU not reversed the Department's decision to terminate assistance based upon a finding of clinical ineligibility from SSDI-only benefits. In the first five months of FY 2016, the Department disbursed approximately $16,000 that would not have been issued had the AAU not reversed the Department's findings. As APTD cash assistance is 100% generally funded, any savings resulting from this bill will reduce state general fund expenditures.