2022 -- H 7443

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LC004429

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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 -- HEALTH CARE FOR

CHILDREN AND PREGNANT WOMEN

     Introduced By: Representatives Cassar, Felix, Williams, Morales, Slater, Caldwell,
Craven, Hull, McGaw, and Tanzi

     Date Introduced: February 11, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 42-12.3 of the General Laws entitled "Health Care for

Children and Pregnant Women" is hereby amended to read as follows:

CHAPTER 42-12.3

Health Care for Children and Pregnant Women

CHAPTER 42-12.3

HEALTH CARE FOR CHILDREN AND PREGNANT PEOPLE

     SECTION 2. Sections 42-12.3-1 and 42-12.3-3 of the General Laws in Chapter 42-12.3

entitled "Health Care for Children and Pregnant Women" are hereby amended to read as follows:

     42-12.3-1. Short title.

     This chapter shall be known as the "1993 Health Care Act for Children and Pregnant

Women People".

     42-12.3-3. Medical assistance expansion for pregnant women/RIte Start Medical

assistance expansion for pregnant people/Rite Start.

     (a) The director of the department of human services is authorized to amend its Title XIX

state plan pursuant to Title XIX of the Social Security Act to provide Medicaid coverage and to

amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical

assistance coverage through expanded family income disregards for pregnant women people whose

family income levels are between one hundred eighty-five percent (185%) and two hundred fifty

percent (250%) four hundred percent (400%) of the federal poverty level. The department is further

authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396

et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order

to implement said state plan amendment. The services provided shall be in accord with Title XIX

[42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act.

     (b) The director of the department of human services is authorized and directed to establish

a payor of last resort program to cover prenatal, delivery and postpartum care. The program shall

cover the cost of maternity care for:

     (1) any woman Any person who lacks health insurance coverage for maternity care and

who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI

[ 42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited to, a noncitizen

pregnant woman person lawfully admitted for permanent residence on or after August 22, 1996,

without regard to the availability of federal financial participation, provided such pregnant woman

person satisfies all other eligibility requirements.; or

     (2) Any person whose private health insurance coverage fails to cover any portion of

treatment related to their pregnancy as set forth in subsection (b)(3) of this section;

     (3) The director shall promulgate regulations to implement this program. Such regulations

shall include specific eligibility criteria; the scope of services to be covered; procedures for

administration and service delivery; referrals for non-covered services; outreach; and public

education. Excluded services under this subsection will include, but not be limited to, induced

abortion except in cases of rape or incest or to save the life of the pregnant individual person.

     (c) The department of human services may enter into cooperative agreements with the

department of health and/or other state agencies to provide services to individuals any person

eligible for services under subsections (a) and (b) above.

     (d) The following services shall be provided through the program:

     (1) Ante-partum and postpartum care;

     (2) Delivery;

     (3) Cesarean section;

     (4) Newborn hospital care;

     (5) Inpatient transportation from one hospital to another when authorized by a medical

provider; and

     (6) Prescription medications and laboratory tests.

     (e) The department of human services shall provide enhanced services, as appropriate, to

pregnant women people as defined in subsections (a) and (b), as well as to other pregnant women

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people eligible for medical assistance. These services shall include: care coordination, nutrition and

social service counseling, high risk obstetrical care, childbirth and parenting preparation programs,

smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter services,

mental health services, and home visitation. The provision of enhanced services is subject to

available appropriations. In the event that appropriations are not adequate for the provision of these

services, the department has the authority to limit the amount, scope and duration of these enhanced

services.

     (f) The department of human services shall provide for extended family planning services

for up to twenty-four (24) months postpartum. These services shall be available to women people

who have been determined eligible for RIte Start or for medical assistance under Title XIX [42

U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social Security Act.

     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 STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR

CHILDREN AND PREGNANT WOMEN

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     This act would increase the coverage eligibility for any pregnant person for Medicaid from

an income level of two hundred fifty percent (250%) of the federal poverty level to four hundred

percent (400%) of the federal poverty level. This act would further ensure that any pregnant person

would be afforded health insurance coverage for all pregnancy related treatment regardless of

whether the person had private or Medicaid health insurance coverage.

     This act would take effect upon passage.

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