§ 9-2-1209 — Licensed shelter care program established; implementation

(a) The department of health shall administer a licensed
shelter care program in accordance with this section. In
administering the licensed shelter care program, the department
through rule and regulation shall:
(i) Determine eligibility requirements to assist the
elderly who do not qualify to receive medicaid but who are
unable to afford private nursing home care;
(ii) Select the least expensive nursing home in the
area of the elderly person's residence unless a private source
other than the elderly person will pay not less than twenty-five
percent (25%) of the difference between what the elderly person
is able to contribute and the cost of the institution of the
elderly person's choice;
(iii) Provide that where individuals can qualify for
medicaid through trusts or otherwise, they shall do so rather
than use this program. The program may be used as a transitional
program while the individual is qualifying for medicaid.
(b) When the number of elderly persons applying for
licensed shelter care assistance exceeds the funds available for
the program, the department of health shall create a waiting
list and provide assistance as feasible on a first-come
first-served basis.