2022 -- H 8275

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LC006009

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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 -- THE MEDICAID REENTRY

ACT

     Introduced By: Representatives McEntee, Caldwell, Craven, Knight, Morales, and
Cortvriend

     Date Introduced: May 20, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 56.4

THE MEDICAID REENTRY ACT

     42-56.4-1. Short title.

     This chapter shall be known and may be cited as the "The Medicaid Reentry Act."

     42-56.4-2. Legislative findings and policy.

     The general assembly finds and declares that:

     (1) Having access to same day and next day physical and behavioral health services is

imperative to facilitate successful reentry for individuals released from incarceration;

     (2) Suspending Medicaid enrollment for incarcerated individuals causes significant delays

in Medicaid reinstatement upon release;

     (3) Delays in Medicaid reinstatement impedes access to physical and behavioral health

appointments and prescription medications upon release; and

     (4) It's policy is to facilitate successful reentry by not suspending Medicaid enrollment for

individuals who are incarcerated and providing Medicaid coverage for those reentering the

community.

     42-56.4-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings:

     (1) "Coverage" means and shall include, but is not limited to:

     (i) Assessments;

     (ii) Psychosocial counseling;

     (iii) Medications, including long-acting injectable medications;

     (iv) Peer support services;

     (v) Discharge planning; and

     (vi) Reentry services.

     (2) "Qualified inmate" means an individual who is incarcerated by the adult correctional

institutions and has:

     (i) A chronic physical or behavioral health condition;

     (ii) A mental illness; or

     (iii) A substance use disorder.

     42-56.4-4. Maintenance of medical assistance enrollment for incarcerated individuals.

     (a) A person's incarceration shall not affect the person's enrollment status in medical

assistance. When the department of human services receives information that a person enrolled in

medical assistance is incarcerated by the adult correctional institutions within the department of

corrections, the department of human services shall maintain, rather than suspend or terminate, the

person's medical assistance enrollment. If a person is not currently enrolled in medical assistance,

the department of corrections, in conjunction with the department of human services, shall, upon

the person's consent, determine the person's eligibility and enroll the person in medical assistance

upon incarceration. Once enrolled in medical assistance, the person's medical assistance shall be

maintained throughout their incarceration.

     (b) No provision of this section may be interpreted to require the department of human

services to provide medical assistance benefits to persons who are incarcerated prior to the person's

release unless the executive office of health and human services obtains final approval of a

demonstration waiver under § 1115 (42 U.S.C. 1315) from the Centers for Medicare and Medicaid

Services. No federal funds may be expended for any purpose that is not authorized by the state's

agreements with the federal government.

     (c) The department of human services shall coordinate with the managed care organizations

for the purposes of reconciling any potential financial implications of maintaining an incarcerated

person's medical assistance enrollment.

     (d) The department of corrections shall make reasonable efforts to collaborate with the

department of human services and managed care organizations for the purposes of care

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coordination activities, improving health care delivery, and release planning for persons

incarcerated.

     (e) The department of human services and the department of corrections shall report to the

governor, the house of representatives committee on finance, the senate committee on finance, the

house of representatives committee on health and human services, and the senate committee on

health and human services each year before November 30 regarding:

     (1) The cost of the program; and

     (2) The effectiveness of the program, including:

     (i) Any reduction in the number of emergency room visits or hospitalizations by inmates

after release from a correctional facility;

     (ii) Any reduction in the number of inmates undergoing inpatient treatment after release

from a correctional facility;

     (iii) Any reduction in overdose rates and deaths of inmates after release from a correctional

facility; and

     (iv) Any reduction in recidivism after release from a correctional facility; and

     (v) Any other costs or benefits as a result of the program

     42-56.4-5. Medicaid waiver for coverage of qualified inmates leaving the department

of corrections.

     (a) Within one hundred eighty (180) days after the effective date of this chapter, the

executive office of health and human services, in consultation with the department of corrections,

shall apply for a demonstration waiver, under § 1115 (42 U.S.C. 1315), with the Centers for

Medicare and Medicaid Services to offer a program to provide Medicaid coverage to a qualified

inmate for up to at least thirty (30) days immediately before the day on which the qualified inmate

is released from the department of corrections.

     (b) If the waiver described in subsection (a) of this section is approved, the executive office

of health and human services shall report to the governor, the house of representatives committee

on finance, senate committee on finance, house of representatives committee on health and human

services, and senate committee on health and human services each year before November 30 while

the waiver is in effect regarding:

     (1) The number of qualified inmates served under the program;

     (2) The cost of the program; and

     (3) The effectiveness of the program, including:

     (i) Any reduction in the number of emergency room visits or hospitalizations by inmates

after release from a correctional facility;

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     (ii) Any reduction in the number of inmates undergoing inpatient treatment after release

from a correctional facility;

     (iii) Any reduction in overdose rates and deaths of inmates after release from a correctional

facility;

     (iv) Any reduction in recidivism after release from a correctional facility; and

     (v) Any other costs or benefits as a result of the program.

     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 -- THE MEDICAID REENTRY

ACT

***

     This act would mandate that a person's incarceration not affect his or her enrollment status

in medical assistance. It would require that Medicaid enrollment be continued or provided to all

inmates upon entry to the adult correctional institutions within the department of corrections and

throughout the incarceration period. It would also require that coverage be provided to those who

are leaving the department of corrections and reentering the community, unless the executive office

of health and human services, in accordance with federal law, applies for and is granted a Medicaid

waiver of coverage.

     This act would take effect upon passage.

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