2020 -- H 7978

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LC003683

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HUMAN SERVICES -MEDICAL ASSISTANCE-HEALTH CARE FOR

ELDERLY AND DISABLED

     Introduced By: Representatives McLaughlin, Tanzi, Shekarchi, Hull, and Corvese

     Date Introduced: March 06, 2020

     Referred To: House 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:

     40-8-3.2. Eligibility for Medicare savings programs.

     (a) Beginning July 1, 2020, and annually thereafter, the secretary of the executive office

of health and human services shall increase income disregards used to determine eligibility by the

department of human services for the federal Qualified Medicare Beneficiary, the Specified Low-

Income Medicare Beneficiary and the Qualifying Individual Programs, administered in

accordance with the provisions of 42 U.S.C. § 1396(p), by an amount that equalizes the income

levels used to determine eligibility for said programs to income levels not to exceed one hundred

thirty-five percent (135%) of the federal poverty level.

     (b) The secretary shall not apply an asset test for eligibility under the Medicare savings

program.

     (c) The secretary shall submit any Medicaid state plan amendment necessary to

implement the provisions of this section.

     SECTION 2. Section 40-8.5-1 of the General Laws in Chapter 40-8.5 entitled "Health

Care for Elderly and Disabled Residents Act" is hereby amended to read as follows:

     40-8.5-1. Categorically needy medical assistance coverage.

     The department of human services is hereby authorized and directed to amend its Title

XIX state plan to provide for categorically needy medical assistance coverage as permitted

pursuant to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., as amended, to

individuals who are sixty-five (65) years or older or are disabled, as determined under §

1614(a)(3) of the Social Security Act, 42 U.S.C. § 1382c(a)(3), as amended, whose income does

not exceed one hundred percent (100%) one hundred thirty-five percent (135%) of the federal

poverty level (as revised annually) applicable to the individual's family size, and whose resources

do not exceed four thousand dollars ($4,000) per individual, or six thousand dollars ($6,000) per

couple. The department shall provide medical assistance coverage to such elderly or disabled

persons in the same amount, duration and scope as provided to other categorically needy persons

under the state's Title XIX state plan.

     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-HEALTH CARE FOR

ELDERLY AND DISABLED

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     This act would: (1) Increase the income eligibility limit for medical assistance coverage

for seniors and disabled individuals with incomes not to exceed from one hundred percent (100%)

to one hundred thirty-five percent (135%) of the federal poverty level; and (2) Require the

secretary of the executive office of health and human services (EOHHS) to increase income

disregards to determine eligibility for certain Medicaid cost-sharing programs by an amount that

equalizes the income levels used to determine eligibility which are not to exceed one hundred

thirty-five percent (135%) of the federal poverty level.

     This act would take effect upon passage.

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