2022 -- S 2502

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LC004321

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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: Senators Valverde, Sosnowski, Miller, Murray, Quezada, Euer, DiPalma,
Cano, DiMario, and Gallo

     Date Introduced: March 01, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 42-12.3 of the General Laws entitled "Health Care for

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

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CHAPTER 42-12.3

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Health Care for Children and Pregnant Women

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CHAPTER 42-12.3

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HEALTH CARE FOR CHILDREN AND PREGNANT PEOPLE

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     SECTION 2. Sections 42-12.3-1 and 42-12.3-3 of the General Laws in Chapter 42-12.3

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entitled "Health Care for Children and Pregnant Women" are hereby amended to read as follows:

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     42-12.3-1. Short title.

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     This chapter shall be known as the "1993 Health Care Act for Children and Pregnant

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Women People".

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

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assistance expansion for pregnant people/Rite Start.

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     (a) The director of the department of human services is authorized to amend its Title XIX

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state plan pursuant to Title XIX of the Social Security Act to provide Medicaid coverage and to

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amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical

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assistance coverage through expanded family income disregards for pregnant women people whose

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family income levels are between one hundred eighty-five percent (185%) and two hundred fifty

 

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percent (250%) four hundred percent (400%) of the federal poverty level. The department is further

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authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396

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et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order

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to implement said state plan amendment. The services provided shall be in accord with Title XIX

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

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     (b) The director of the department of human services is authorized and directed to establish

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a payor of last resort program to cover prenatal, delivery and postpartum care. The program shall

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cover the cost of maternity care for:

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     (1) any woman Any person who lacks health insurance coverage for maternity care and

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who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI

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[ 42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited to, a noncitizen

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pregnant woman person lawfully admitted for permanent residence on or after August 22, 1996,

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without regard to the availability of federal financial participation, provided such pregnant woman

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person satisfies all other eligibility requirements.; or

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     (2) Any person whose private health insurance coverage fails to cover any portion of

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treatment related to their pregnancy as set forth in subsection (b)(3) of this section;

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     (3) The director shall promulgate regulations to implement this program. Such regulations

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

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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 person.

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     (c) The department of human services may enter into cooperative agreements with the

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department of health and/or other state agencies to provide services to individuals any person

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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 human services shall provide enhanced services, as appropriate, to

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pregnant women people as defined in subsections (a) and (b), as well as to other pregnant women

 

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people eligible for medical assistance. These services shall include: care coordination, nutrition and

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social service counseling, high risk obstetrical care, childbirth and parenting preparation programs,

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smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter services,

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mental health services, and home visitation. The provision of enhanced services is subject to

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available appropriations. In the event that appropriations are not adequate for the provision of these

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services, the department has the authority to limit the amount, scope and duration of these enhanced

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services.

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     (f) The department of human services shall provide for extended family planning services

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for up to twenty-four (24) months postpartum. These services shall be available to women people

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who have been determined eligible for RIte Start or for medical assistance under Title XIX [42

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

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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 increase the coverage eligibility for any pregnant person for Medicaid from

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an income level of two hundred fifty percent (250%) of the federal poverty level to four hundred

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percent (400%) of the federal poverty level. This act would further ensure that any pregnant person

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would be afforded health insurance coverage for all pregnancy related treatment regardless of

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whether the person had private or Medicaid health insurance coverage.

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     This act would take effect upon passage.

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