2022 -- H 8275

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LC006009

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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 -- THE MEDICAID REENTRY

ACT

     

     Introduced By: Representatives McEntee, Caldwell, Craven, Knight, Morales, and
Cortvriend

     Date Introduced: May 20, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 56.4

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THE MEDICAID REENTRY ACT

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     42-56.4-1. Short title.

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     This chapter shall be known and may be cited as the "The Medicaid Reentry Act."

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     42-56.4-2. Legislative findings and policy.

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     The general assembly finds and declares that:

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     (1) Having access to same day and next day physical and behavioral health services is

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imperative to facilitate successful reentry for individuals released from incarceration;

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     (2) Suspending Medicaid enrollment for incarcerated individuals causes significant delays

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in Medicaid reinstatement upon release;

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     (3) Delays in Medicaid reinstatement impedes access to physical and behavioral health

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appointments and prescription medications upon release; and

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     (4) It's policy is to facilitate successful reentry by not suspending Medicaid enrollment for

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individuals who are incarcerated and providing Medicaid coverage for those reentering the

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community.

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     42-56.4-3. Definitions.

 

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     As used in this chapter, the following words and terms shall have the following meanings:

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     (1) "Coverage" means and shall include, but is not limited to:

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     (i) Assessments;

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     (ii) Psychosocial counseling;

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     (iii) Medications, including long-acting injectable medications;

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     (iv) Peer support services;

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     (v) Discharge planning; and

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     (vi) Reentry services.

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     (2) "Qualified inmate" means an individual who is incarcerated by the adult correctional

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institutions and has:

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     (i) A chronic physical or behavioral health condition;

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     (ii) A mental illness; or

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     (iii) A substance use disorder.

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     42-56.4-4. Maintenance of medical assistance enrollment for incarcerated individuals.

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     (a) A person's incarceration shall not affect the person's enrollment status in medical

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assistance. When the department of human services receives information that a person enrolled in

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medical assistance is incarcerated by the adult correctional institutions within the department of

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corrections, the department of human services shall maintain, rather than suspend or terminate, the

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person's medical assistance enrollment. If a person is not currently enrolled in medical assistance,

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the department of corrections, in conjunction with the department of human services, shall, upon

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the person's consent, determine the person's eligibility and enroll the person in medical assistance

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upon incarceration. Once enrolled in medical assistance, the person's medical assistance shall be

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maintained throughout their incarceration.

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     (b) No provision of this section may be interpreted to require the department of human

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services to provide medical assistance benefits to persons who are incarcerated prior to the person's

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release unless the executive office of health and human services obtains final approval of a

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demonstration waiver under § 1115 (42 U.S.C. 1315) from the Centers for Medicare and Medicaid

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Services. No federal funds may be expended for any purpose that is not authorized by the state's

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agreements with the federal government.

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     (c) The department of human services shall coordinate with the managed care organizations

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for the purposes of reconciling any potential financial implications of maintaining an incarcerated

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person's medical assistance enrollment.

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     (d) The department of corrections shall make reasonable efforts to collaborate with the

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department of human services and managed care organizations for the purposes of care

 

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coordination activities, improving health care delivery, and release planning for persons

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incarcerated.

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     (e) The department of human services and the department of corrections shall report to the

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governor, the house of representatives committee on finance, the senate committee on finance, the

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house of representatives committee on health and human services, and the senate committee on

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health and human services each year before November 30 regarding:

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     (1) The cost of the program; and

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     (2) The effectiveness of the program, including:

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     (i) Any reduction in the number of emergency room visits or hospitalizations by inmates

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after release from a correctional facility;

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     (ii) Any reduction in the number of inmates undergoing inpatient treatment after release

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from a correctional facility;

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     (iii) Any reduction in overdose rates and deaths of inmates after release from a correctional

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facility; and

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     (iv) Any reduction in recidivism after release from a correctional facility; and

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     (v) Any other costs or benefits as a result of the program

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     42-56.4-5. Medicaid waiver for coverage of qualified inmates leaving the department

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of corrections.

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     (a) Within one hundred eighty (180) days after the effective date of this chapter, the

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executive office of health and human services, in consultation with the department of corrections,

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shall apply for a demonstration waiver, under § 1115 (42 U.S.C. 1315), with the Centers for

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Medicare and Medicaid Services to offer a program to provide Medicaid coverage to a qualified

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inmate for up to at least thirty (30) days immediately before the day on which the qualified inmate

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is released from the department of corrections.

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     (b) If the waiver described in subsection (a) of this section is approved, the executive office

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of health and human services shall report to the governor, the house of representatives committee

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on finance, senate committee on finance, house of representatives committee on health and human

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services, and senate committee on health and human services each year before November 30 while

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the waiver is in effect regarding:

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     (1) The number of qualified inmates served under the program;

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     (2) The cost of the program; and

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     (3) The effectiveness of the program, including:

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     (i) Any reduction in the number of emergency room visits or hospitalizations by inmates

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after release from a correctional facility;

 

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     (ii) Any reduction in the number of inmates undergoing inpatient treatment after release

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from a correctional facility;

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     (iii) Any reduction in overdose rates and deaths of inmates after release from a correctional

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facility;

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     (iv) Any reduction in recidivism after release from a correctional facility; and

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     (v) Any other costs or benefits as a result of the program.

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     SECTION 2. 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 -- THE MEDICAID REENTRY

ACT

***

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     This act would mandate that a person's incarceration not affect his or her enrollment status

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in medical assistance. It would require that Medicaid enrollment be continued or provided to all

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inmates upon entry to the adult correctional institutions within the department of corrections and

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throughout the incarceration period. It would also require that coverage be provided to those who

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are leaving the department of corrections and reentering the community, unless the executive office

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of health and human services, in accordance with federal law, applies for and is granted a Medicaid

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waiver of coverage.

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     This act would take effect upon passage.

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