2024 -- S 2397

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LC004530

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND

HUMAN SERVICES

     Introduced By: Senators Cano, Kallman, Murray, Quezada, Mack, Britto, DiMario,
Valverde, Acosta, and Lauria

     Date Introduced: February 12, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human

Services" is hereby amended by adding thereto the following section:

     42-7.2-21. Coverage for treatment for end stage renal disease and kidney transplants

for resident who does not qualify for full Medicaid.

     (a) EOHHS to provide coverage. The executive office of health and human services

("EOHHS"), as the state agency designated to administer Rhode Island Medicaid pursuant to the

provisions of § 42-7.2-2, shall provide coverage for dialysis treatment of end stage renal disease

("ESRD"), as well as kidney transplants, for Rhode Island residents who do not qualify for full

Medicaid due to their immigration status, pursuant to the EOHHS administration of emergency

Medicaid.

     (b) Coverage provided. Emergency Medicaid coverage under the provisions of this section

shall cover hemodialysis in both outpatient hospital settings and at freestanding dialysis centers.

Emergency Medicaid shall also cover peritoneal dialysis when clinically appropriate. Coverage

shall begin at the point the individual requires a fistula or indwelling venous catheter for expected

hemodialysis, or at the point of catheter insertion for peritoneal dialysis. ESRD treatment shall be

authorized for a period of twelve (12) months, subject to the patient’s continued eligibility for

Emergency Medicaid during that time period. Emergency Medicaid coverage under the provisions

of this section shall also cover kidney transplants for the same persons.

     (c) Applicability. The provisions of this section shall apply to all individuals who qualify

for Medicaid, but whose benefits are limited pursuant to federal law to treatment of an "emergency

medical condition" due to their immigration status. Coverage under the provisions of this section

shall be available to both undocumented individuals and individuals who are qualified non-citizens,

but who have not met the five (5) year bar under federal law, which bar requires qualified non-

citizens to be present in the United States for five (5) years before they qualify for federal benefits

such as Medicaid.

     (d) The EOHHS may promulgate rules and regulations to implement the provisions of this

section; provided, the EOHHS may delegate this authority to promulgate rules and regulations to

any or all of the state's health and human services departments and offices which the EOHHS

oversees and manages.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND

HUMAN SERVICES

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     This act would provide that the executive office of health and human services, through

Emergency Medicaid, would cover dialysis for the treatment of end stage renal disease ("ESRD")

and kidney transplants for Rhode Island residents who do not qualify for full Medicaid under

Federal law due to their immigration status.

     This act would take effect upon passage.

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