2023 -- S 0276

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LC001458

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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J O I N T   R E S O L U T I O N

TO AMEND THE MEDICAID SECTION 1115 DEMONSTRATION WAIVER REQUESTS

AND RENEWALS

     Introduced By: Senator Joshua Miller

     Date Introduced: February 16, 2023

     Referred To: Senate Health & Human Services

     WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The

Rhode Island Medicaid Reform Act of 2008”; and

     WHEREAS, A legislative enactment is required pursuant to Rhode Island General Laws

42-12.4-1, et seq.; and

     WHEREAS, Rhode Island General Laws § 42-7.2-5(3)(i) provides that the Secretary of

the Executive Office of Health and Human Services is responsible for the review and

coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well

as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or

III changes as described in the demonstration, “with potential to affect the scope, amount, or

duration of publicly-funded health care services, provider payments or reimbursements, or access

to or the availability of benefits and services provided by Rhode Island general and public laws”;

now therefore be it

     RESOLVED, That, in pursuit of a more cost-effective consumer choice system of care

that is fiscally sound and sustainable, the legislature approves the following proposal to amend

the demonstration:

     (1) Implement a behavioral health per diem add-on for complex patients with behavioral

conditions who: (i) Are hospitalized, are clinically appropriate for discharge to a nursing facility,

and the nursing facility is Medicaid certified to provide or facilitate enhanced levels of behavioral

healthcare; or (ii) Reside in a nursing facility and are Medicaid recipients with medically-based

mental health or behavioral disorders demonstrating significant behaviors as shown in a minimum

of thirty (30) days of clinical behavioral documentation of behavioral health conditions, and the

nursing facility is Medicaid certified to provide or facilitate enhanced levels of behavioral

healthcare; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit duly certified copies of this resolution to the Governor of the State of Rhode Island, and

to the Rhode Island Department of Health, and to the Rhode Island Executive Office of Health

and Human Services.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO AMEND THE MEDICAID SECTION 1115 DEMONSTRATION WAIVER REQUESTS

AND RENEWALS

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     This joint resolution would approve an amendment to Medicaid section 1115

demonstration waiver requests and renewals.

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LC001458

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