2026 -- S 2671

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LC005544

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE

     

     Introduced By: Senators Mack, Quezada, DiMario, Gu, Murray, Kallman, Lauria,
Ujifusa, Valverde, and de la Cruz

     Date Introduced: February 27, 2026

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following section:

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     40-8-33. Licensed certified lactation counselor -- Medicaid coverage.

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     (a) As used in this section, “licensed certified lactation counselor” means a trained

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professional who holds a licensure and certification by the department of health in accordance with

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chapter 13.8 of title 23. Licensed certified lactation counselors provide services in assessment,

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evaluation, problem identification, treatment, education, and consultation to provide lactation care

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and services to childbearing families, and infant children from birth to twelve (12) months old

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within the scope of practice pursuant to § 23-13.8-9.

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     (b) The executive office of health and human services (“EOHHS”) shall provide coverage

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under the Medicaid program for services provided by a licensed certified lactation counselor, when

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such services are within the counselor’s lawful scope of practice and are otherwise eligible for

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coverage under the Medicaid state plan or a waiver approved by the Centers for Medicare and

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Medicaid Services.

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     (c) Reimbursement for services provided by a licensed certified lactation counselor shall

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be made in accordance with Medicaid reimbursement principles and methodologies applicable to

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other maternal and child health providers for comparable services. No requirement for physician or

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other provider supervision, signature, or referral shall be imposed unless such requirement is

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imposed on other providers for the same service.

 

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     (d) The EOHHS shall promulgate rules and regulations necessary to implement this section

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including, but not limited to, credentialing and enrollment requirements for licensed certified

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lactation counselors participating as Medicaid providers.

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     (e) On or before July 1, 2028, and annually thereafter, the EOHHS shall collect and

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maintain data on utilization and expenditures related to services provided by licensed certified

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lactation counselors to Medicaid beneficiaries.

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     (f) Notwithstanding any general or special law to the contrary, unless otherwise specified,

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the provisions of this section shall supersede and shall control over any conflicting or inconsistent

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laws, including general laws, special laws, or local laws, or any rule or regulation of the state.

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     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 HUMAN SERVICES -- MEDICAL ASSISTANCE

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     This act would require Medicaid to cover services by licensed certified lactation counselors

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and the executive office of health and human services (EOHHS) to oversee and implement the

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program and track related costs and use. It would also ensure reimbursement consistent with similar

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providers.

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     This act would take effect upon passage.

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