2022 -- H 7070

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LC003532

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOME COMMUNITY CARE

SERVICES TO THE ELDERLY

     Introduced By: Representatives Solomon, McNamara, Ruggiero, Noret, and Casimiro

     Date Introduced: January 12, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-66.3-4 of the General Laws in Chapter 42-66.3 entitled "Home

and Community Care Services to the Elderly" is hereby amended to read as follows:

     42-66.3-4. Persons eligible.

     (a) To be eligible for this program the client must be determined, through a functional

assessment, to be in need of assistance with activities of daily living or and/or must meet a required

level of care as defined in rules and regulations promulgated by the department;

     (b) Medicaid eligible individuals age sixty-five (65) or older of the state who meet the

financial guidelines of the Rhode Island medical assistance program, as defined in rules and

regulations promulgated by the department, shall be provided the services without charge; or

     (c) Persons eligible for assistance under the provisions of this section, subject to the annual

appropriations deemed necessary by the general assembly to carry out the provisions of this chapter,

include: (1) any homebound unmarried resident or homebound married resident of the state living

separate and apart, who is ineligible for Medicaid, at least sixty-five (65) years of age or, if under

sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia, confirmed

by a licensed physician, ineligible for Medicaid, and whose income does not exceed the income

eligibility limits as defined by rules and regulations promulgated by the department two hundred

fifty percent (250%) of the federal poverty level; and (2) any married resident of the state who is

ineligible for Medicaid, at least sixty-five (65) years of age, ineligible for Medicaid, or, if under

sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia confirmed

by a licensed physician and whose income when combined with any income of that person's spouse

does not exceed two hundred fifty percent (250%) of the federal poverty level the income eligibility

limits as defined in rules and regulations promulgated by the department. Persons who meet the

eligibility requirement of this subsection shall be eligible for the co-payment portion as set forth in

§ 42-66.3-5.

     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 STATE AFFAIRS AND GOVERNMENT -- HOME COMMUNITY CARE

SERVICES TO THE ELDERLY

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     This act would extend eligibility of the Home Community Care Services Program to

persons under the age of sixty-five (65) suffering from Alzheimer's disease or a related dementia

confirmed by a licensed physician provided that the person's income or, if married, the joint income,

does not exceed two hundred fifty percent (250%) of the federal poverty level.

     This act would take effect upon passage.

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