2022 -- H 7290

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LC004433

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR

CHILDREN AND PREGNANT WOMEN

     

     Introduced By: Representatives Williams, Ajello, Vella-Wilkinson, Cassar, Speakman,
Knight, Kislak, Alzate, Tanzi, and Shallcross Smith

     Date Introduced: February 02, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. The executive office of health and human services is directed to ensure that

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federal financial participation is accessed to the maximum extent allowable to provide coverage to

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women eligible for coverage for twelve (12) continuous months beginning with the month after the

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month in which the baby is born and that state-only funds will be used only if financial participation

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is not available.

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     SECTION 2. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health

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Care for Children and Pregnant Women" is hereby amended to read as follows:

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     42-12.3-3. Medical assistance expansion for pregnant women/RIte Start.

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     (a) The director of the department of secretary of the executive office of health and human

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services is authorized to amend its Title XIX state plan pursuant to Title XIX of the Social Security

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Act to provide Medicaid coverage and to amend its Title XXI state plan pursuant to Title XXI of

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the Social Security Act to provide medical assistance coverage through expanded family income

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disregards for pregnant women whose family income levels are between one hundred eighty-five

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percent (185%) and two hundred fifty percent (250%) of the federal poverty level. The department

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secretary is further authorized to promulgate any regulations necessary and in accord with Title

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XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security

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Act necessary in order to implement said state plan amendment. The services provided shall be in

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accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the

 

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Social Security Act.

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     (b) The director of the department of secretary of the executive office of health and human

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services is authorized and directed to establish a payor of last resort program to cover prenatal,

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delivery and postpartum care. The program shall cover the cost of maternity care for any woman

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who lacks health insurance coverage for maternity care and who is not eligible for medical

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assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.]

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of the Social Security Act including, but not limited to, a noncitizen pregnant woman lawfully

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admitted for permanent residence on or after August 22, 1996, without regard to the availability of

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federal financial participation, provided such pregnant woman satisfies all other eligibility

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requirements. The director secretary shall promulgate regulations to implement this program. Such

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regulations shall include specific eligibility criteria; the scope of services to be covered; procedures

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for administration and service delivery; referrals for non-covered services; outreach; and public

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education. Excluded services under this subsection will include, but not be limited to, induced

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abortion except in cases of rape or incest or to save the life of the pregnant individual.

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     (c) The department of secretary of the executive office of health and human services may

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enter into cooperative agreements with the department of health and/or other state agencies to

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provide services to individuals eligible for services under subsections (a) and (b) above.

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     (d) The following services shall be provided through the program:

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     (1) Ante-partum and postpartum care;

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     (2) Delivery;

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     (3) Cesarean section;

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     (4) Newborn hospital care;

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     (5) Inpatient transportation from one hospital to another when authorized by a medical

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provider; and

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     (6) Prescription medications and laboratory tests.

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     (e) The department of secretary of the executive office of health and human services shall

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provide enhanced services, as appropriate, to pregnant women as defined in subsections (a) and (b),

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as well as to other pregnant women eligible for medical assistance. These services shall include:

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care coordination, nutrition and social service counseling, high risk obstetrical care, childbirth and

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parenting preparation programs, smoking cessation programs, outpatient counseling for drug-

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alcohol use, interpreter services, mental health services, and home visitation. The provision of

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enhanced services is subject to available appropriations. In the event that appropriations are not

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adequate for the provision of these services, the department has the authority to limit the amount,

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scope and duration of these enhanced services.

 

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     (f) The department of secretary of the executive office of health and human services shall

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provide for extended family planning services for up to twenty-four (24) months postpartum. These

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services shall be available to women who have been determined eligible for RIte Start or for

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medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa

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et seq.] of the Social Security Act.

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     (g) Individuals eligible for Rite Start pursuant to this section or for medical assistance under

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Title XIX or Title XXI of the Social Security Act while pregnant (including during a period of

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retroactive eligibility), are eligible for full Medicaid benefits through the last day of the month in

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which their twelve-month postpartum period ends. This benefit will be provided to eligible Rhode

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Island residents without regard to the availability of federal financial participation. The executive

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office of health and human services is directed to seek a state plan amendment to ensure that federal

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financial participation is used to the maximum extent allowable to provide coverage pursuant to

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this section, and that state-only funds will be used only if federal financial participation is not

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available.

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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 STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR

CHILDREN AND PREGNANT WOMEN

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     This act would extend the benefits given to eligible women under title XIX state plan

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through the last day of the month in which their twelve-month post-partum period ends.

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     This act would take effect upon passage.

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