2026 -- S 3027

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LC005205

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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 -- LONG-TERM CARE

SERVICE AND FINANCE REFORM -- ASSISTED LIVING SERVICES

     

     Introduced By: Senators Dimitri, Thompson, and Famiglietti

     Date Introduced: March 05, 2026

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 40-8.9 of the General Laws entitled "Medical Assistance — Long-

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Term Care Service and Finance Reform" is hereby amended by adding thereto the following

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section:

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     40-8.9-10. Assisted living services -- Medicaid bed hold requirements.

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     (a) Notwithstanding any provision of law or regulation to the contrary, a licensed assisted

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living community shall not be required to hold a residential unit for a Medicaid-eligible resident

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who is temporarily absent due to hospitalization or admission to a skilled nursing facility for a

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period exceeding ten (10) days, unless a Medicaid bed hold payment is provided pursuant to

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subsection (b) of this section.

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     (b) For any required bed hold period beyond ten (10) days, the executive office of health

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and human services shall provide a Medicaid bed hold payment to the assisted living community

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at a rate not less than fifty percent (50%) of the resident's assessed Medicaid assisted living

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reimbursement rate.

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     (c) No assisted living community shall be required to maintain an unpaid bed hold for a

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Medicaid resident for a period exceeding forty-five (45) days in total, regardless of anticipated

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return status.

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     (d) Nothing in this section shall be construed to prohibit an assisted living community, at

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its discretion, from voluntarily holding a unit for a longer period or from entering into a private

 

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payment arrangement with the resident or the resident’s representative.

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     (e) The provisions of this section shall apply only where the assisted living community has

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received written notice that the resident is reasonably expected to return to the assisted living

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setting.

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     (f) The executive office of health and human services shall amend its regulations governing

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assisted living services to conform with this section and shall submit any necessary Medicaid state

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plan amendments or waivers required for implementation.

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     SECTION 2. This act shall take effect upon passage and shall apply to Medicaid-assisted

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living residents absent on or after July 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE -- LONG-TERM CARE

SERVICE AND FINANCE REFORM -- ASSISTED LIVING SERVICES

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     This act would provide that a licensed assisted living community is not required to hold a

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residential unit for a Medicare-eligible resident absent from the facility for a period exceeding ten

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(10) days and if required to hold the bed, then the executive office of health and human services

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would provide a Medicaid bed hold payment to the assisted living community.

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     This act would take effect upon passage and would apply to Medicaid-assisted living

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residents absent on or after July 1, 2026.

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