2026 -- S 3056

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LC006130

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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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: Senators Murray, Lawson, Ciccone, Tikoian, and LaMountain

     Date Introduced: March 12, 2026

     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

§ 42-12.4-3; 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 and that reduces the number of days behaviorally complex

patients spend in acute care facilities, the legislature approves the following proposal to amend

the demonstration:

     (x) Change to Rates for Nursing Facility Services. 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 required to update the behavioral health per-diem add on program for particularly

complex patients to include, but not be limited to, those who: (1) Require nursing home level of

care and have complex needs that are barriers to placement in a traditional nursing home, and

have a history of persistent, disruptive behaviors requiring moderate-to-frequent intervention; (2)

Admission to a specialized nursing home is consistent with the least restrictive setting

requirement enunciated in the landmark U.S. Supreme Court case, Olmstead v. L.C (1999); or (3)

The individual must meet nursing facility level of care criteria and has been approved by

BHDDH for specialized services through the BHDDH Level II PASRR determination process

prior to admission to a specialized nursing home; 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, 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 resolution would allow EOHHS to implement waiver amendments, state plan

amendments, and changes to department rules and regulations to make certain updates to the

behavioral health per-diem add on program for particularly complex patients.

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