2021 -- S 0430

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LC001962

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR

CHILDREN AND PREGNANT WOMEN

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 25, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. The executive office of health and human services is directed to ensure that

federal financial participation is accessed to the maximum extent allowable to provide coverage to

women eligible for coverage for twelve (12) continuous months beginning with the month after the

month in which the baby is born and that state-only funds will be used only if financial participation

is not available.

     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 women/RIte Start.

     (a) The director of the department of 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 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. § 1397 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. § 1397 et seq.] of the Social Security Act.

     (b) The director of the department of 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 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. § 1397 et seq.] of the Social Security Act including, but not limited to, a

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

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

satisfies all other eligibility requirements. The director 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 paragraph 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 department of 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;

     (6) Prescription medications and laboratory tests;

     (e) The department of human services shall provide enhanced services, as appropriate, to

pregnant women as defined in subsections (a) and (b), as well as to other pregnant women 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 department has the authority to limit the amount, scope and duration of these enhanced services.

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

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

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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. § 1397 et seq.] of the Social Security Act.

     (g) A woman who receives coverage under subsection (a) or (b) of this section shall remain

eligible for coverage commencing on the month after the month in which the baby is born and

ending twelve (12) months thereafter.

     SECTION 3. This act shall take effect upon passage.

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LC001962

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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 extend the benefits given to eligible women under title XIX state plan

commencing for twelve (12) months after one month post-birth.

     This act would take effect upon passage.

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LC001962

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