Chapter 535

2004 -- H 8699

Enacted 07/07/04

A N A C T

RELATING TO HUMAN SERVICES -- SPECIAL PROGRAM FOR CARE OF SEVERELY DISABLED ELDERLY RESIDENTS WHO NEED NURSING FACILITY SERVICES

Introduced By: Representative Joanne M. Giannini

Date Introduced: June 24, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40-8.6-1, 40-8.6-2 and 40-8.6-3 of the General Laws in Chapter

40-8.6 entitled "Special Program for Care of Severely Disabled Elderly Residents Who Need

Nursing Facility Services" are hereby amended to read as follows:

40-8.6-1. Special pilot program for care of severely disabled elderly residents who

need nursing facility services. -- (a) Purpose. - There Contingent on appropriation, there is

hereby established a special pilot program during fiscal year 2004 to be administered by the

department of human services to provide payment for nursing facility services and the following

ancillary services: pharmacy, physician, laboratory, dental and vision services for certain low

income elderly Rhode Island residents who are ineligible for federal and state medical assistance

coverage.

      (b) Eligibility. - To be eligible for payment from the program the individual must be:

      (1) Age sixty-five (65) or older;

      (2) Legally present in the United States and a resident of the state of Rhode Island;

      (3) Determined to meet all eligibility requirements of the federal Medical Assistance

Program (Title XIX of the Social Security Act, 42 U.S.C. section 1396 et seq.) but for the

citizenship or alienage criteria;

      (4) Determined to be ineligible for section 40-8-1 provisions of state-funded medical

assistance for aliens; and

      (5) Certified by the department of human services to be in need of nursing facility

services.

      (c) Continuation of coverage. - Eligibility shall be reviewed periodically and renewed as

long as the individual continues to meet the criteria.

      (d) Payment to nursing facility. - The department shall make payments to the nursing

facility in which an eligible individual is residing in the same amount as the payment for nursing

facility services under the medical assistance program.

40-8.6-2. Appropriation. -- The sum of three hundred thousand dollars ($300,000) is

hereby appropriated to the department of human services for the purposes of this chapter. This

appropriation shall be used to fund payment of five (5) nursing facility placements to provide

nursing facility services for eligible individuals. To the extent that more than five (5) individuals

are determined to be eligible at any one time, the department shall maintain a waiting list to fill

the next nursing facility placement to become available upon the death, discharge, or ineligibility

of the individual currently holding that placement. The department shall may establish rules and

regulations regarding which nursing facility or facilities may provide services as part of this pilot

program, waiting list procedures, and any other administrative functions that are necessary for the

conduct of this program.

40-8.6-3. Report. -- The department shall issue a an annual report to the long-term care

coordinating council, the general assembly, the senate fiscal advisor, and the house fiscal advisor

on the status of this program on or before April 15, 2004 of each year. The report shall include at

least the number of people served, and total expenditures to date., and a recommendation to

discontinue, continue, expand or contract the program based on the state's experience through

March 31, 2004.

     SECTION 2. This act shall take effect upon passage.

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LC03761

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