HB 481-FN – AS INTRODUCED
2011 SESSION
01/10
HOUSE BILL 481-FN
AN ACT relative to the definition of disability for aid to the permanently and totally disabled.
SPONSORS: Rep. L. Ober, Hills 27; Rep. Ulery, Hills 27; Rep. Haefner, Hills 27; Rep. Renzullo, Hills 27; Sen. Carson, Dist 14
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies eligibility for cash assistance for purposes of aid to the permanently and totally disabled.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0582
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the definition of disability for aid to the permanently and totally disabled.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Health and Human Services; Public Assistance; Definitions. 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. No person shall be eligible to receive such aid while receiving old age assistance, aid to the needy blind, or aid to families with dependent children. Notwithstanding any provision of law to the contrary, eligibility for cash assistance shall be conditioned upon the person filing an application for any federal disability benefits for which the person may be entitled and pursuing any appeals available for those federal benefits. Cash assistance shall terminate upon a finding by a federal administrative law judge that the individual is medically ineligible for the federal benefits. The department may terminate cash assistance for failure to comply with the requirements of this paragraph, subject to the person’s right to an administrative appeal.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0582
Revised 01/27/11
HB 481 FISCAL NOTE
AN ACT relative to the definition of disability for aid to the permanently and totally disabled.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will have an indeterminable fiscal impact on state, county and local expenditures in FY 2012 and in each year thereafter. There will be no fiscal impact on state, county, or local revenues.
METHODOLOGY:
The Department stated this bill changes the eligibility for cash assistance under the Aid to Permanently and Totally Disabled (APTD) program so that eligibility for cash assistance would terminate after the first clinical denial of federal Supplemental Security Income (SSI) or Social Security Disability Insurance benefits by the Social Security Administration. The department indicated that Medicaid assistance would remain available and individuals would not receive cash assistance during the period of appeal.
The Social Security Administration currently has a backlog and appeals are taking over two years. The state APTD program and the federal SSI programs have similar eligibility requirements except for the period of disability; the SSI disability period is one year and the APTD period is four years. Many clients determined eligible for APTD by the state are denied eligibility for federal SSI. The Department stated the Centers for Medicare and Medicaid Services (CMS) will not permit the state to close APTD cases based on the SSI denial, but that the state can review medical decisions at each redetermination of eligibility for benefits.
The department is not able to determine the exact fiscal impact, but provides the following estimates based on current caseload data:
Fiscal Year 2012 |
Fiscal Year 2013 | |
APTD Budgeted Caseload |
8,976 |
9,156 |
Did not receive benefits from the SSA (19.57%) |
1,757 |
1,792 |
Denied SSI/SSDI (24.47%) |
430 |
439 |
Estimated Grant |
$688 |
$688 |
Number of Months |
6 |
12 |
Potential Savings |
$1,774,383 |
$3,624,384 |
The Department states there may be additional costs to town welfare offices for individuals who are not employed and no longer receiving cash assistance.