2023 -- H 5995

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LC002182

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE

     Introduced By: Representatives Felix, Morales, Bennett, and Cruz

     Date Introduced: March 01, 2023

     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:

     40-8-33. Katie Beckett program special conditions.

     (a)(1) Children under nineteen (19) years of age who are determined to be eligible for the

Katie Beckett provision, pursuant to §1902(e) of the Social Security Act, 42 U.S.C. 1396a(e), as

amended by §134 of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-

248, and 210-RICR-50-10-03, shall be reassessed for clinical eligibility on an annual basis, unless

a licensed physician has determined that the child’s clinical and/or functional limitations are

unlikely to change. When such a determination has been made, the office of health and human

services shall waive the annual clinical evaluation.

     (2) Notwithstanding the provisions of subsection (a)(1) of this section, Katie Beckett

participants shall be subject to all other eligibility requirements, pursuant to §1902(e) of the Social

Security Act, 42 U.S.C. 1396a(e), as amended by §134 of the Tax Equity and Fiscal Responsibility

Act of 1982 (TEFRA), Pub. L. 97-248, and 210-RICR-50-10-03.

     (b) A Katie Beckett participant, or his or her guardian, may request additional service hours

in any week, capped at an increase of ten percent (10%) in any week, as long as the cost of the total

service hours, inclusive of the increase, does not exceed the estimated cost of care in an institution.

     (c) For the purposes of this section, the office of health and human services is authorized

to apply for and obtain any necessary waiver(s), waiver amendment(s), and/or state plan

amendments from the Secretary of the United States Department of Health and Human Services,

as appropriate.

     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 HUMAN SERVICES -- MEDICAL ASSISTANCE

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     This act would establish the Katie Beckett program pursuant to federal guidelines. Katie

Beckett is an eligibility category in Medicaid that allows children who have long-term disabilities

or complex medical needs to become eligible for Medicaid coverage. Katie Beckett program

eligibility enables children to be cared for at home instead of an institution.

     This act would take effect upon passage.

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