| Chapter 017 |
| 2023 -- H 5006 Enacted 05/18/2023 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR CHILDREN AND PREGNANT WOMEN -- EQUALITY IN ABORTION COVERAGE |
Introduced By: Representatives Kazarian, Felix, Ajello, Alzate, Blazejewski, Fogarty, McEntee, Knight, Giraldo, and Carson |
| Date Introduced: January 06, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Legislative findings. The general assembly hereby finds and declares that: |
| (1) In enacting the Reproductive Privacy Act in 2019, the general assembly recognized the |
| importance of protecting a person's right to reproductive health care. However, exercising that right |
| can be illusory for people of limited financial means. |
| (2) Funding restrictions on abortion coverage interfere with an individual's personal |
| decision-making, with their health and well-being, and with their constitutionally protected right to |
| a safe and legal medical procedure. |
| (3) Restrictions on abortion coverage have a disproportionate impact on low-income |
| residents, immigrants, people of color, and young people who are already disadvantaged in their |
| access to the resources, information, and services necessary to prevent an unintended pregnancy or |
| to carry a health healthy pregnancy to term. |
| (4) Numerous other states provide abortion coverage in their Medicaid programs and in |
| their state employee insurance plans. |
| (5) The purpose of this legislation is to promote equity in access to reproductive health |
| care. |
| SECTION 2. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health |
| Care for Children and Pregnant Women" is hereby amended to read as follows: |
| 42-12.3-3. Medical assistance expansion for pregnant pregnancy women/RIte Start. |
| (a) The secretary of the executive office of health and human services is authorized to |
| amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid |
| coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to |
| provide medical assistance coverage through expanded family income disregards for pregnant |
| women persons whose family income levels are between one hundred eighty-five percent (185%) |
| and two hundred fifty percent (250%) of the federal poverty level. The department is further |
| authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396 |
| et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to |
| implement said state plan amendment. The services provided shall be in accord with Title XIX [42 |
| U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act. |
| (b) The secretary of health and human services is authorized and directed to establish a |
| payor of last resort program to cover prenatal, delivery and postpartum care. The program shall |
| cover the cost of maternity care for any woman person who lacks health insurance coverage for |
| maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et |
| seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited |
| to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or after |
| August 22, 1996, without regard to the availability of federal financial participation, provided such |
| pregnant woman person satisfies all other eligibility requirements. The secretary shall promulgate |
| regulations to implement this program. Such regulations shall include specific eligibility criteria; |
| the scope of services to be covered; procedures for administration and service delivery; referrals |
| for non-covered services; outreach; and public education. Excluded services under this subsection |
| will include, but not be limited to, induced abortion except in cases of rape or incest or to save the |
| life of the pregnant individual. |
| (c) The secretary of health and human services may enter into cooperative agreements with |
| the department of health and/or other state agencies to provide services to individuals eligible for |
| services under subsections (a) and (b) above. |
| (d) The following services shall be provided through the program: |
| (1) Ante-partum and postpartum care; |
| (2) Delivery; |
| (3) Cesarean section; |
| (4) Newborn hospital care; |
| (5) Inpatient transportation from one hospital to another when authorized by a medical |
| provider; and |
| (6) Prescription medications and laboratory tests. |
| (e) The secretary of health and human services shall provide enhanced services, as |
| appropriate, to pregnant women persons as defined in subsections (a) and (b), as well as to other |
| pregnant women persons eligible for medical assistance. These services shall include: care |
| coordination; nutrition and social service counseling; high-risk obstetrical care; childbirth and |
| parenting preparation programs; smoking cessation programs; outpatient counseling for drug- |
| alcohol use; interpreter services; mental health services; and home visitation. The provision of |
| enhanced services is subject to available appropriations. In the event that appropriations are not |
| adequate for the provision of these services, the executive office has the authority to limit the |
| amount, scope, and duration of these enhanced services. |
| (f) The executive office of health and human services shall provide for extended family |
| planning services for up to twenty-four (24) months postpartum. These services shall be available |
| to women persons who have been determined eligible for RIte Start or for medical assistance under |
| Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security |
| Act. |
| (g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or |
| for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant |
| (including during a period of retroactive eligibility), are eligible for full Medicaid benefits through |
| the last day of the month in which their twelve-month (12) postpartum period ends. This benefit |
| will be provided to eligible Rhode Island residents without regard to the availability of federal |
| financial participation. The executive office of health and human services is directed to ensure that |
| federal financial participation is used to the maximum extent allowable to provide coverage |
| pursuant to this section, and that state-only funds will be used only if federal financial participation |
| is not available. |
| (h) Any person eligible for services under subsections (a) and (b) of this section, or |
| otherwise eligible for medical assistance under title Title XIX [42 U.S.C. § 1396 et seq.] and title |
| Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act, shall also be entitled to services |
| for any termination of pregnancy permitted under § 23-4.13-2; provided, however, that no federal |
| funds shall be used to pay for such services, except as authorized under federal law. |
| SECTION 3. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance |
| Benefits" is hereby repealed. |
| 36-12-2.1. Health insurance benefits — Coverage for abortions excluded. |
| (a) The state of Rhode Island shall not include in any health insurance contracts, plans, or |
| policies covering employees, any provision which shall provide coverage for induced abortions |
| (except where the life of the mother would be endangered if the fetus were carried to term, or where |
| the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans |
| or policies of: |
| (1) All health insurers subject to title 27; |
| (2) All group and blanket health insurers subject to title 27; |
| (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; |
| (4) All health maintenance organizations; and |
| (5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage |
| against accidental death or injury when the benefits or coverage are incidental to or part of other |
| insurance authorized by the statutes of this state. |
| (b) Provided, however, that the provisions of this section shall not apply to benefits |
| provided under existing collective bargaining agreements entered into prior to June 30, 1982. |
| (c) Nothing contained herein shall be construed to pertain to insurance coverage for |
| complications as the result of an abortion. |
| SECTION 4. This act shall take effect upon passage. |
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| LC000149 |
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