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Section 38-6-1
Section 38-6-1Program of medical assistance to elderly not receiving pensions authorized.
The State Department of Human Resources is authorized to establish, in keeping with Title I of the Federal Social Security Act as amended, a medical assistance program for certain persons 65 years of age and over not receiving old age pensions. The Department of Human Resources shall be responsible for the administration of the program but may contract with another state agency or private organization in connection with this program.
(Acts 1961, No. 683, p. 976, §1.)Section 38-6-2
Section 38-6-2Medical assistance defined; right to choose practitioner or participate in program.
Medical assistance for persons 65 years of age and over not receiving old age pensions shall mean the same as the term is defined in the Federal Social Security Act as amended. Any individual receiving medical assistance under this chapter shall have full freedom of choice in selecting any provider of medical care and services, as defined in Title I of the Federal Social Security Act as amended, who is duly licensed to provide such care and services to the general public by a state licensing authority when such licensing is required and who qualifies and agrees to participate under this chapter. All providers of such medical assistance to the aged electing to qualify to participate in the state plan under this chapter shall have the opportunity to do so.
(Acts 1961, No. 683, p. 976, §2.)Section 38-6-3
Section 38-6-3Determination of scope of medical assistance.
The State Board of Human Resources, in conference with the commissioner, shall determine from time to time the scope and kinds of medical assistance for the aged which the department will administer. This determination shall be made with due regard to:
(1) The amount of state and federal funds available for this purpose;
(2) The most pressing medical needs of the aged not receiving old age pensions but without sufficient income and resources to meet the costs of necessary medical services; and
(3) The assurance that persons in similar circumstances will receive equitable treatment throughout the state.
(Acts 1961, No. 683, p. 976, §3.)Section 38-6-4
Section 38-6-4Rules for determining eligibility for assistance.
The commissioner shall develop reasonable standards and rules of procedure for determining eligibility for medical assistance for the aged, including those necessary to comply with the Federal Social Security Act as amended. Such standards and rules shall prescribe safeguards which restrict the use or disclosure of information concerning applicants for and recipients of medical assistance for the aged to purposes directly connected with the administration of this chapter.
(Acts 1961, No. 683, p. 976, §4.)Section 38-6-5
Section 38-6-5Persons eligible for medical assistance.
Medical assistance for the aged shall be payable under this chapter on behalf of any needy person who has attained the age of 65 years and who:
(1) Has made application therefor in the manner prescribed by the State Department of Human Resources;
(2) Has been certified by the appropriate medical profession to be in need of medical assistance under this chapter;
(3) Has not sufficient income and resources (including insurance, workers' compensation, etc.) to meet the cost of necessary medical services;
(4) Is a resident of the state;
(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;
(6) Is not receiving an old age pension.
Medical assistance for the aged shall be payable under this chapter on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the Federal Social Security Act as amended and where such institution conforms to the requirements of the Federal Social Security Act as amended and applicable statutes of Alabama. Medical assistance for the aged shall be payable under this chapter on behalf of any person who needs noninstitutional care and services for such care and services as provided under Title I of the Federal Social Security Act as amended.
(Acts 1961, No. 683, p. 976, §5.)Section 38-6-6
Section 38-6-6Procedures for determining eligibility.
Eligibility for medical assistance for the aged shall be determined by the Department of Human Resources through such procedures as the department shall develop.
(Acts 1961, No. 683, p. 976, §6.)Section 38-6-7
Section 38-6-7Hearing for applicant or recipient.
A hearing shall be provided any applicant for or recipient of medical assistance for the aged as provided in Section 38-4-5.
(Acts 1961, No. 683, p. 976, §7.)Section 38-6-8
Section 38-6-8Penalty for false representation.
The penalty for false representation under this chapter shall be the same as contained in Section 38-4-7.
(Acts 1961, No. 683, p. 976, §8.)Section 38-6-9
Section 38-6-9Suspension of provisions conflicting with amendments to Social Security Act.
Any portion of this chapter which shall come in conflict with the provisions of the Federal Social Security Act by reason of amendments of said Federal Social Security Act hereafter adopted shall, on certificate of the Attorney General that such conflict exists, be suspended in its operation until amendment thereof can be given consideration by the next legislative session.
(Acts 1961, No. 683, p. 976, §9.)
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