AN ACT RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT (Exempts individual retirement accounts as a countable resource for public assistance. This act also prohibits the state as a creditor against an ABLE account in the event of death of a beneficiary.)

H7687

2026 -- H 7687
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LC005030
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

Introduced By:
Representatives Bennett, Chippendale, Cortvriend, Edwards, Azzinaro,
Kennedy, Slater, Fogarty, Handy, and Shallcross Smith

Date Introduced:
February 11, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 40-6-3.1 of the General Laws in Chapter 40-6 entitled "Public
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Assistance Act" is hereby amended to read as follows:
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40-6-3.1. Eligibility for general public assistance.
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(a) The state, acting by and through the department, shall provide assistance (in the form
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specified in § 40-6-3.2) to residents of the state found by the department, in accordance with this
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chapter and rules and regulations of the department, to be eligible for general public assistance;
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provided further, that benefits under this program shall be provided only to residents who are
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citizens of the United States or aliens lawfully admitted for permanent residence or otherwise
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permanently residing in the United States under color of law, and benefits shall not be provided to
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illegal or undocumented aliens.
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(b) Individuals eligible for GPA.(1) General public assistance shall be provided to the
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following individuals and families provided all other eligibility requirements of this chapter are
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met: Individuals age eighteen (18) or older, provided that they do not have a dependent child who
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is living in his or her home, and provided that they are determined by the department, in accordance
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with this chapter and departmental regulations, to be suffering from an illness, injury, or medical
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condition as determined by physical examination by a licensed physician, that is reasonably
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expected to last for a period of at least thirty (30) days from the date the application for general
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public assistance is filed with the department and that precludes the individual from working. The
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illness, injury, or medical condition may be based on a primary diagnosis of alcoholism or

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substance abuse. The total physical or mental incapacity shall be verified by a medical practitioner
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and/or a qualified substance abuse counselor designated by the department, within forty-five (45)
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days of the date the individual is found by the department to be totally incapacitated. If total
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physical or mental incapacity cannot be reasonably verified, then the individual shall not be eligible
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for general public assistance under this subsection.
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(2) The department shall provide an application for medical assistance (Medicaid) benefits
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to each applicant for general public assistance and shall use a uniform medical form for both
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programs to secure information from the applicant’s treating physician. A decision on the
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application for general public assistance shall be made within thirty (30) days of receipt of a
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completed application.
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(3) Individuals found eligible on the basis of illness, injury, or medical condition under
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subsection (b) shall be eligible for assistance only in the forms specified in § 40-6-3.2(a)(2) and
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(a)(3), and only for an initial period of up to six (6) months, renewable for a period of up to an
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additional six (6) months. In order to receive assistance for a period greater than twelve (12)
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months, individuals must reapply for general public assistance.
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(c) Resources. Ownership of real or personal property shall disqualify individuals from
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receiving general public assistance; provided, however, that the following property or resources
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owned by the individuals shall be exempted:
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(1) A home occupied by the individuals;
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(2) One motor vehicle having an equity value not exceeding four thousand six hundred
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fifty dollars ($4,650) or a vehicle necessary to transport a family member with a disability, where
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the vehicle is specially equipped to meet the specific needs of the person with a disability or if the
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vehicle is a special type of vehicle that makes it possible to transport the person with the disability;
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(3) Cash or liquid assets not exceeding four hundred dollars ($400);
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(4) Such tools of the trade not to exceed an aggregate value of one thousand dollars
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($1,000) and household furnishings and effects as the director shall determine by regulation
; and
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(5) Individual retirement accounts
.
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(d) Income. (1)(i) Income shall not disqualify an individual from receiving general public
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assistance provided that the income, as defined and determined by the department, is within the
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income limitations established by the regulations of the department.
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(ii) Pursuant to the purposes set forth in § 40-6-3 and notwithstanding the provisions of §
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40-6-3.3 [Repealed], individuals found ineligible for cash assistance under chapter 5.1 of this title
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due to provisions of the chapter regarding alien sponsors, the deeming of alien sponsor income or
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the deeming of stepparent income, shall not be eligible for general public assistance.

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(2) Notwithstanding the provisions of § 40-6-3.3 [Repealed], the receipt of lump-sum
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income shall disqualify an individual from receiving general public assistance.
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(3) The department shall promulgate rules and regulations regarding the treatment of lump-
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sum income.
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(e) Postsecondary education. (1) An individual age eighteen (18) or older, attending a
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school, college, or university as a full-time student or attending a full-time program of vocational
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or technical training, all beyond the level of secondary education, shall not be eligible for general
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public assistance under this chapter, excepting, however, those individuals active as students with
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the department’s vocational rehabilitation programs who have been certified as unemployable by
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the department.
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(2) Notwithstanding the foregoing prohibition, an individual, age eighteen (18) or older,
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pursuing a course of study on a part-time basis beyond the level of secondary education, may be
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eligible for general public assistance, provided the student remains available for and is actively
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seeking employment, and provided that the individual meets all other eligibility requirements for
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general public assistance pursuant to this chapter.
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(f) Cooperation in applying for SSI and medical assistance. All applicants and recipients
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of general public assistance shall, within thirty (30) days of application for general public assistance
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or notice from the department, be required to apply for and cooperate in the determination for
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benefits under the federal Supplemental Security Income (SSI) program and/or medical assistance,
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as provided pursuant to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., provided
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the applicant or recipient is determined by the department to be potentially eligible for benefits.
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(g) Report of income or resources by recipients. If, at any time during the receipt of general
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public assistance, the recipient thereof becomes possessed of income or resources in excess of the
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amount previously reported by him or her, it shall be his or her duty and a condition of eligibility
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to notify the department of this fact immediately on the receipt or possession of additional income
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or resources.
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SECTION 2. Section 42-7.2-20.8 of the General Laws in Chapter 42-7.2 entitled "Office
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of Health and Human Services" is hereby amended to read as follows:
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42-7.2-20.8. Creditors.
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Notwithstanding any provision of the general or public laws to the contrary, money in the
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ABLE program shall be exempt from creditor process and shall not be liable to attachment,
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garnishment, or other process, nor shall it be seized, taken, appropriated, or applied by any legal or
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equitable process or operation of law to pay any debt or liability of any contributor or beneficiary
;
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provided, however, that the state of residency of the designated beneficiary of an ABLE account

LC005030 - Page 3 of 5
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shall be a creditor of such account in the event of the death of the designated beneficiary
.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT
***
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This act would exempt individual retirement accounts as a countable resource for public
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assistance. This act would prohibit the state as a creditor against an ABLE account in the event of
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death of a beneficiary.
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This act would take effect upon passage.
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