2024 -- S 2592

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LC005105

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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 HUMAN SERVICES -- MEDICAL ASSISTANCE -- WAIVER REQUEST

     Introduced By: Senators Gu, Miller, Zurier, Lauria, Valverde, Lawson, Burke, Murray,
and DiPalma

     Date Introduced: March 01, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby

amended by adding thereto the following section:

     40-8-33. Coverage for nutritional and other assistance.

     (a) The executive office of health and human services is directed and authorized to establish

a program to establish coverage for evidenced-based nutritional assistance and medically tailored

meals, groceries and produce prescriptions (fruit and vegetable prescriptions or vouchers provided

by medical professionals for persons with diet-related diseases or food insecurity), and other

interventions for certain beneficiaries where there is a clinical need. This program will seek to

receive expanded authority to provide certain clinical nutrition education, and medically-tailored

food assistance services when medically appropriate. These services will be available to a range of

at-risk populations, including postpartum individuals, for up to twelve (12) months.

     (b) The state may also provide additional meal support for certain households when an

eligible beneficiary is a child or pregnant woman with special clinical needs and expand health-

related social needs coverage for certain food assistance, and other interventions that are medically

appropriate for individuals experiencing certain life transitions, including individuals who are

homeless or at risk of homelessness.

     (c) The EOHHS 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. To the extent the EOHHS

determines it necessary to implement the provisions of this section, the EOHHS is authorized to

pursue a Medicaid § 1115 demonstration waiver request and renewal to seek a waiver of the

compliance provisions of 42 U.S.C. § 1396d(a) ("definitions").

     SECTION 2. Rhode Island Medicaid Reform Act of 2008 Joint Resolution.

     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 ("executive office") 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"; and

     WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is

fiscally sound and sustainable, the secretary requests legislative approval of the following proposals

to amend the demonstration; and

     WHEREAS, Implementation of adjustments may require amendments to the Rhode

Island's Medicaid state plan and/or section 1115 waiver under the terms and conditions of the

demonstration. Further, adoption of new or amended rules, regulations and procedures may also be

required:

     (a) Section 1115 demonstration waiver – extension request. The executive office proposes

to seek approval from the federal centers for Medicare and Medicaid services ("CMS") to extend

the Medicaid section 1115 demonstration waiver as authorized in Rhode Island General Laws

chapter 12.4 of title 42. In the Medicaid section 1115 demonstration waiver extension request due

to CMS by December 31, 2022, in addition to maintaining existing Medicaid section 1115

demonstration waiver authorities, the executive office proposes to seek a Medicaid section 1115

demonstration waiver request and renewal to seek a waiver of the compliance provisions of 42

U.S.C. section 1396d(a) ("definitions"), as set forth in subsection (b) of this resolution.

     (b) The executive office of health and human services seeks to establish a program to

establish coverage for evidenced-based nutritional assistance and medically-tailored meals, and

other interventions for certain beneficiaries where there is a clinical need. This program will seek

to receive expanded authority to provide clinical nutrition education, and medically-tailored food

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assistance services when medically appropriate.

     RESOLVED, That the general assembly hereby approves the proposals stated above in the

recitals; and be it further;

     RESOLVED, That the secretary of the executive office of health and human services is

authorized to pursue and implement any waiver amendments, state plan amendments, and/or

changes to the applicable department's rules, regulations and procedures approved herein and as

authorized by chapter 12.4 of title 42; and be it further;

     RESOLVED, That this joint resolution shall take effect upon passage.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE -- WAIVER REQUEST

***

     This act would authorize the executive office of health and human services (EOHHS) to

establish a program to establish coverage for evidenced-based nutritional assistance and medically-

tailored meals, and other interventions for certain beneficiaries where there is a clinical need. This

program would seek to receive expanded authority to provide clinical nutrition education, and

medically-tailored food assistance services when medically appropriate. The executive office

would seek a Medicaid section 1115 demonstration waiver request and renewal to a seek waiver of

the compliance provisions of 42 U.S.C. section 1396d(a) ("definitions"), as set forth in subsection

(b) of this resolution.

     This act would take effect upon passage.

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