SB 189 — PUBLIC ASSISTANCE PROGRAMS ELIGIBILITY

iw al en rd 2018 J.

Subject to the availability of state and federal a= t= m19 m 21 funds, the department may limit the eligibility of benefit da rl i a e 22r 20 groups that are eligible because a legal guardian is not ca et sm km 2321 included in the benefit group." ed ar ne b22 24 SECTION 3.

Section 27-2B-8 NMSA 1978 (being Laws 1998, uc [e s k 23 Chapter 8, Section 8 and Laws 1998, Chapter 9, Section 8, as .229522.4SAe -a 12n -b 24 amended) is amended to read:

u [ "27-2B-8.

RESOURCES.-- .230412.1 - 12 - SHPAC/SB 189 A.

(3) the value of the principal residence of e t 17 the participant;

w l n d 18 (4) the value of burial plots and funeral =e =t 1917 a l contracts for family members;

and iw al en rd 2018 (5) the value of work-related equipment up to a= t= m19 m 21 one thousand dollars ($1,000).

da rl i a e 22r 20 C.

Vehicles owned by the benefit group shall not be ca et sm km 2321 considered in the determination of resources attributed to the ed ar ne b22 24 benefit group." uc [e s k 23 SECTION 4.

Section 27-2B-14 NMSA 1978 (being Laws 1998, .229522.4SAe -a 13n -b 24 Chapter 8, Section 14 and Laws 1998, Chapter 9, Section 14, as u [ amended by Laws 2003, Chapter 311, Section 5 and Laws 2003, .230412.1 - 13 - SHPAC/SB 189 Chapter 432, Section 5) is amended to read:

and (3) [termination of cash assistance and ineligibility to reapply for six months] for the third occurrence of noncompliance, the adult household member who e t 17 failed to comply shall be removed from the benefit group for up w l n d 18 to three months or until the adult household member complies.

=e =t 1917 a l If the adult household member does not comply by the end of the iw al en rd 2018 third month, the cash assistance shall terminate for the entire a= t= m19 m 21 household until the adult household member complies.

da rl i a e 22r 20 C.

Prior to imposing [the first] any new sanction, ca et sm km 2321 if the department determines that a participant is not ed ar ne b22 24 complying with the work participation requirement or child uc [e s k 23 support requirements, the participant shall be required to .229522.4SAe -a 14n -b 24 enter into a conciliation process established by the department u [ to address the noncompliance and to identify good cause for .230412.1 - 14 - SHPAC/SB 189 noncompliance or barriers to compliance.

Reestablishing compliance shall allow full e t 17 payment to resume.

w l n d 18 E.

Noncompliance with reporting requirements may =e =t 1917 a l subject a participant to other sanctions, except that an adult iw al en rd 2018 member of the benefit group shall not be sanctioned for the a= t= m19 m 21 failure of a dependent child to attend school.

da rl i a e 22r 20 F.

Effective October 1, 2001, the department shall ca et sm km 2321 not terminate the medicaid benefits of any member of a benefit ed ar ne b22 24 group due to imposition of a sanction pursuant to the uc [e s k 23 provisions of this section." .229522.4SAe -a 15n -b 24 SECTION 5.

Section 27-2D-3 NMSA 1978 (being Laws 2003, u [ Chapter 317, Section 3, as amended) is amended to read:

.230412.1 - 15 - SHPAC/SB 189 "27-2D-3.

The department shall assist applicants in e t 17 completing the application for cash assistance or services and w l n d 18 shall evaluate applicants to determine all department programs =e =t 1917 a l for which the applicant may be eligible.

The department shall iw al en rd 2018 process all expedited [food stamp] supplemental nutrition a= t= m19 m 21 assistance program benefit applications within two business da rl i a e 22r 20 days of submission, and the department shall deliver expedited ca et sm km 2321 [food stamps] supplemental nutrition assistance program ed ar ne b22 24 benefits to eligible applicants within seven days of the uc [e s k 23 application.

.229522.4SAe -a 16n -b 24 C.

At the time of application for cash assistance u [ and services, an applicant and the department shall identify .230412.1 - 16 - SHPAC/SB 189 everyone who is to be counted in the benefit group.

Whenever the department receives an application for assistance, a verification and record of the applicant's circumstances shall promptly be made to ascertain the facts supporting the application and to obtain other information e t 17 required by the department.

The verification may include a w l n d 18 visit to the home of the applicant, as long as the department =e =t 1917 a l gives adequate prior notice of the visit to the applicant.

iw al en rd 2018 G.

The department shall work with the recipient to a= t= m19 m 21 develop an individual educational plan that:

da rl i a e 22r 20 (1) sets forth the educational goal for the ca et sm km 2321 recipient, identifies barriers to that goal and identifies the ed ar ne b22 24 steps to be taken by the recipient to achieve that goal;

uc [e s k 23 (2) describes the services the department may .229522.4SAe -a 17n -b 24 provide so that the recipient may complete the recipient's u [ educational goal;

and .230412.1 - 17 - SHPAC/SB 189 (3) provides for meetings with the recipient [every six months or] at the end of each academic term to review the eligibility of the benefit group and to review and revise the recipient's individual education plan.

e t 17 "27-2D-4.

EDUCATION WORKS PROGRAM--ELIGIBILITY-- w l n d 18 RESTRICTIONS--REQUIREMENTS.-- =e =t 1917 a l A.

A person who is eligible [to] for cash iw al en rd 2018 assistance can receive education works services [or cash a= t= m19 m 21 assistance] if the person demonstrates that:

da rl i a e 22r 20 (1) the person:

ca et sm km 2321 (a) does not have a high school diploma ed ar ne b22 24 or high school equivalency and is seeking to obtain one;

uc [e s k 23 (b) has been accepted or has been .229522.4SAe -a 18n -b 24 determined to be eligible to enroll in a vocational training u [ program;

or .230412.1 - 18 - SHPAC/SB 189 (c) has been accepted or has been determined to be eligible to enroll in a two- or four-year post-secondary or graduate or post-graduate degree program;

e t 17 D.

During the twenty-four months of participation w l n d 18 in the education works program, a recipient shall engage in at =e =t 1917 a l least twenty hours per week of class time, studying, work, iw al en rd 2018 work-study or volunteering.

The department shall assume that a a= t= m19 m 21 recipient spends one and one-half hours studying for every hour da rl i a e 22r 20 of class time.

ca et sm km 2321 E.

A recipient [may participate in the education ed ar ne b22 24 works program for no more than twenty-four months, except that uc [e s k 23 a recipient may participate in the education works program for .229522.4SAe -a 19n -b 24 one additional academic term following the twenty-four-month u [ participation limit, or for two additional academic terms .230412.1 - 19 - SHPAC/SB 189 following the twenty-four-month participation limit at the discretion of the director, if doing so will result in the recipient earning a degree] participating in the education works program to obtain a:

or (2) certification, two-year or four-year degree may participate for no more than twenty-four months, except that a recipient may participate in the education works program for one additional academic term following the twenty- four-month participation limit at the discretion of the e t 17 director, if doing so will result in the recipient earning a w l n d 18 degree.

=e =t 1917 a l F.

The number of recipients enrolled in the iw al en rd 2018 education works program is limited to the number of recipients a= t= m19 m 21 who can be served by the funds available.

da rl i a e 22r 20 G.

For purposes of this section, "work" means work- ca et sm km 2321 study, training-related practicums, internships, paid ed ar ne b22 24 employment, volunteering or any other activity approved by the uc [e s k 23 department." .229522.4SAe -a 20n -b 24 SECTION 7.

Section 27-2D-5 NMSA 1978 (being Laws 2003, u [ Chapter 317, Section 5, as amended) is amended to read:

.230412.1 - 20 - SHPAC/SB 189 "27-2D-5.

(5) government-subsidized housing or housing e t 17 payments;

w l n d 18 (6) federally excluded income;

=e =t 1917 a l (7) educational payments made directly to an iw al en rd 2018 educational institution;

a= t= m19 m 21 (8) government-subsidized child care;

da rl i a e 22r 20 (9) earned income that belongs to a person ca et sm km 2321 seventeen years of age or younger who is not the head of ed ar ne b22 24 household;

uc [e s k 23 (10) child support passed through to the .229522.4SAe -a 21n -b 24 participant by the child support enforcement division of the u [ department in the following amounts:

.230412.1 - 21 - SHPAC/SB 189 (a) fifty dollars ($50.00) per month through December 31, 2008;

The total countable gross earned and unearned income of the benefit group shall not exceed [eighty-fiveeighty-five percent of]of the federal poverty guidelines as adjusted by the department for the size of the benefit group.

e t 17 (1) the total countable gross earned and w l n d 18 unearned income [thatthat belongs to]to of the benefit group shall =not =e 19t a17 l not exceed [eighty-fiveeighty-five percent of]of the federal poverty i a e r 20 guidelines asw adjustedl byn thed department18 for the size of the a t m m 21 benefit group;

and d= r= e19 22 (2) earned and unearned income that belongs to ca el si ka 23e r 20 the benefit group shall not equal or exceed the financial e a nt bm 24m 21 standard of need after applying the disregards set out in ud [r e 22 Paragraphs (1) through (4) of Subsection E of this section.

.229522.4SAc -e 22s -k 23 E.

Subject to the availability of state funds, the e a n b 24 department shall determine the cash payment of the benefit u [ group by applying the following disregards to the benefit .230412.1 - 22 - SHPAC/SB 189 group's earned income and then subtracting that amount from the benefit group's financial standard of need:

e t 17 F.

In addition to the disregards specified in w l n d 18 Subsection E of this section, and between June 28, 2007 and = = 19 a l June 30, 2008, or until implementation of the employment i a e rt 2017 retention and advancement bonus program in the New Mexico Works aw tl mn md 2118 Act, the department shall apply the following income disregards d= r= e19 22 to the benefit group's earned income and then subtract that ca el si ka 23e r 20 amount from the benefit group's financial standard of need:

e a nt bm 24m 21 (1) for the first two years of receiving cash ud [r e 22 assistance or services, if a participant works over the work .229522.4SAc -e 23s -k 23 requirement rate set by the department pursuant to the New e a n b 24 Mexico Works Act, one hundred percent of the income earned by u [ the participant beyond that rate;

and .230412.1 - 23 - SHPAC/SB 189 (2) for the first two years of receiving cash assistance or services, for a two-parent benefit group in which one parent works more than thirty-five hours per week and the other works more than twenty-four hours per week, one hundred percent of income earned by each participant beyond the work requirement rate set by the department.

Subject to the availability of state and federal funds, the department may limit the eligibility of benefit groups that are eligible because a legal guardian is not included in the benefit group." e t 17 SECTION 8.

Section 27-2D-6 NMSA 1978 (being Laws 2003, w l n d 18 Chapter 317, Section 6, as amended) is amended to read:

= = 19 a l "27-2D-6.

RESOURCES.-- i a e rt 2017 A.

Liquid and nonliquid resources owned by the aw tl mn md 2118 benefit group shall be counted in the eligibility d= r= e19 22 determination.

ca el si ka 23e r 20 B.

A benefit group may at a maximum own the e a nt bm 24m 21 following resources:

ud [r e 22 (1) [two thousand dollars ($2,000)] fifteen .229522.4SAc -e 24s -k 23 thousand dollars ($15,000) in nonliquid resources;

e a n b 24 (2) [one thousand five hundred dollars u [ ($1,500)] fifteen thousand ($15,000) in liquid resources, .230412.1 - 24 - SHPAC/SB 189 excluding funds deposited in an individual development account established pursuant to the Individual Development Account Act or a qualified tuition program, as defined in Section 529 of the Internal Revenue Code of 1986;

Vehicles owned by the benefit group shall not be considered in the determination of resources attributed to the benefit group." e t 17 SECTION 9.

Section 27-2D-9 NMSA 1978 (being Laws 2003, w l n d 18 Chapter 317, Section 9) is amended to read:

= = 19 a l "27-2D-9.

SATISFACTORY PARTICIPATION.-- i a e rt 2017 A.

To maintain satisfactory participation in the aw tl mn md 2118 education works program, a recipient shall:

d= r= e19 22 (1) be a full-time student as defined by the ca el si ka 23e r 20 school that the recipient attends if the recipient is attending e a nt bm 24m 21 a two-year, four-year or post-graduate school program;

or ud [r e 22 (2) follow the terms agreed upon with a high .229522.4SAc -e 25s -k 23 school equivalency, technical or vocational training e a n b 24 institution if the recipient is participating in a high school u [ equivalency, technical or vocational training program.

.230412.1 - 25 - SHPAC/SB 189 B.

If a recipient falls below the academic standard of the school in one academic term, [he] the recipient shall be e t 17 placed on probationary status for one academic term to improve w l n d 18 [his] the recipient's grades.

If a recipient's overall grade = = 19 a l point average falls below 2.0 based on a four-point system, the i a e rt 2017 department shall place [him] the recipient on probation for a aw tl mn md 2118 maximum of two academic terms to allow [him] the recipient to d= r= e19 22 bring up [his] the recipient's overall grade point average.

ca el si ka 23e r 20 D.

If a recipient fails to complete necessary e a nt bm 24m 21 educational requirements, the department shall remove the ud [r e 22 recipient from the education works program.

.229522.4SAc -e 26s -k 23 [D.] E.

e a n b 24 (1) attend classes as scheduled and u [ participate as required by the standard of the school;

.230412.1 - 26 - SHPAC/SB 189 (2) report to the department a change that may affect the benefit group's eligibility for or anything that may affect the [recipients] recipient's ability to participate in the education works program;

This decision shall be made in writing, and the e t 17 recipient shall have the opportunity to appeal the decision." w l n d 18 SECTION 10.

CONTINGENT EFFECTIVE DATE.--The provisions = = 19 a l of this act become effective upon enactment into law of an i a e rt 2017 appropriation for expanding eligibility for the public aw tl mn md 2118 assistance programs created by the New Mexico Works Act and d= r= e19 22 the Education Works Act in the General Appropriation Act of ca el si ka 23e r 20 2025, the General Appropriation Act of 2026 or the General e a nt bm 24m 21 Appropriation Act of 2027.

The secretary of health care ud [r e 22 authority shall notify the New Mexico compilation commission .229522.4SAc -e 27s -k 23 and the director of the legislative council service by July e a n b 24 1, 2027 that the health care authority has received the u [ necessary appropriation in one of those acts.

-.230412.1 28 - 627 8- 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229522.4SA