2022 -- S 2549 | |
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LC003922 | |
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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--EQUALITY IN ABORTION COVERAGE | |
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Introduced By: Senators Valverde, Mack, Sosnowski, Acosta, Coyne, Miller, Kallman, | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. The general assembly hereby finds and declares that: |
2 | (1) In enacting the Reproductive Privacy Act in 2019, the general assembly recognized the |
3 | importance of protecting a person's right to reproductive health care. However, exercising that right |
4 | can be illusory for people of limited financial means. |
5 | (2) Funding restrictions on abortion coverage interfere with an individual's personal |
6 | decision-making, with their health and well-being, and with their constitutionally protected right to |
7 | a safe and legal medical procedure. |
8 | (3) Restrictions on abortion coverage have a disproportionate impact on low-income |
9 | residents, immigrants, people of color, and young people who are already disadvantaged in their |
10 | access to the resources, information, and services necessary to prevent an unintended pregnancy or |
11 | to carry a health pregnancy to term. |
12 | (4) Numerous other states provide abortion coverage in their Medicaid programs and in |
13 | their state employee insurance plans. |
14 | (5) The purpose of this legislation is to promote equity in access to reproductive health |
15 | care. |
16 | SECTION 2. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health |
17 | Care for Children and Pregnant Women" is hereby amended to read as follows: |
18 | 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. |
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1 | (a) The director of the department of human services is authorized to amend its Title XIX |
2 | state plan pursuant to Title XIX of the Social Security Act to provide Medicaid coverage and to |
3 | amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical |
4 | assistance coverage through expanded family income disregards for pregnant women persons |
5 | whose family income levels are between one hundred eighty-five percent (185%) and two hundred |
6 | fifty percent (250%) of the federal poverty level. The department is further authorized to |
7 | promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and |
8 | Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to implement |
9 | said state plan amendment. The services provided shall be in accord with Title XIX [42 U.S.C. § |
10 | 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act. |
11 | (b) The director of the department of human services is authorized and directed to establish |
12 | a payor of last resort program to cover prenatal, delivery and postpartum care. The program shall |
13 | cover the cost of maternity care for any woman person who lacks health insurance coverage for |
14 | maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et |
15 | seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not |
16 | limited to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or |
17 | after August 22, 1996, without regard to the availability of federal financial participation, provided |
18 | such pregnant woman person satisfies all other eligibility requirements. The director shall |
19 | promulgate regulations to implement this program. Such regulations shall include specific |
20 | eligibility criteria; the scope of services to be covered; procedures for administration and service |
21 | delivery; referrals for non-covered services; outreach; and public education. Excluded services |
22 | under this subsection will include, but not be limited to, induced abortion except in cases of rape |
23 | or incest or to save the life of the pregnant individual. |
24 | (c) The department of human services may enter into cooperative agreements with the |
25 | department of health and/or other state agencies to provide services to individuals eligible for |
26 | services under subsections (a) and (b) above. |
27 | (d) The following services shall be provided through the program: |
28 | (1) Ante-partum and postpartum care; |
29 | (2) Delivery; |
30 | (3) Cesarean section; |
31 | (4) Newborn hospital care; |
32 | (5) Inpatient transportation from one hospital to another when authorized by a medical |
33 | provider; and |
34 | (6) Prescription medications and laboratory tests. |
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1 | (e) The department of human services shall provide enhanced services, as appropriate, to |
2 | pregnant women persons as defined in subsections (a) and (b), as well as to other pregnant women |
3 | persons eligible for medical assistance. These services shall include: care coordination, nutrition |
4 | and social service counseling, high risk obstetrical care, childbirth and parenting preparation |
5 | programs, smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter |
6 | services, mental health services, and home visitation. The provision of enhanced services is subject |
7 | to available appropriations. In the event that appropriations are not adequate for the provision of |
8 | these services, the department has the authority to limit the amount, scope and duration of these |
9 | enhanced services. |
10 | (f) The department of human services shall provide for extended family planning services |
11 | for up to twenty-four (24) months postpartum. These services shall be available to women persons |
12 | who have been determined eligible for RIte Start or for medical assistance under Title XIX [42 |
13 | U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act. |
14 | (g) Any person eligible for services under subsections (a) and (b) of this section, or |
15 | otherwise eligible for medical assistance under title XIX [42 U.S.C. § 1396 et seq.] and title XXI |
16 | [42 U.S.C. § 1397aa et seq.] of the Social Security Act, shall also be entitled to services for any |
17 | termination of pregnancy permitted under § 23-4.13-2; provided, however, that no federal funds |
18 | shall be used to pay for such services, except as authorized under federal law. |
19 | SECTION 3. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance |
20 | Benefits" is hereby repealed. |
21 | 36-12-2.1. Health insurance benefits -- Coverage for abortions excluded. |
22 | (a) The state of Rhode Island shall not include in any health insurance contracts, plans, or |
23 | policies covering employees, any provision which shall provide coverage for induced abortions |
24 | (except where the life of the mother would be endangered if the fetus were carried to term, or where |
25 | the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans |
26 | or policies of: |
27 | (1) All health insurers subject to title 27; |
28 | (2) All group and blanket health insurers subject to title 27; |
29 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; |
30 | (4) All health maintenance organizations; and |
31 | (5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage |
32 | against accidental death or injury when the benefits or coverage are incidental to or part of other |
33 | insurance authorized by the statutes of this state. |
34 | (b) Provided, however, that the provisions of this section shall not apply to benefits |
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1 | provided under existing collective bargaining agreements entered into prior to June 30, 1982. |
2 | (c) Nothing contained herein shall be construed to pertain to insurance coverage for |
3 | complications as the result of an abortion. |
4 | SECTION 4. This act shall take effect upon passage. |
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LC003922 | |
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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--EQUALITY IN ABORTION COVERAGE | |
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1 | This act would provide for abortion coverage in the Medicaid program and repeal the |
2 | abortion coverage exclusion for state employee insurance plans. |
3 | This act would take effect upon passage. |
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LC003922 | |
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