ARTICLE 40 SUBSTITUTE A AS AMENDED

RELATING TO MEDICAL ASSISTANCE -- OPTIONAL ELIGIBILITY

SECTION 1. Section 40-8-1 of the General Laws in Chapter 40-8 entitled "Medical Assistance” is hereby amended to read as follows:

§ 40-8-1. Declaration of policy. -- (a) Whereas, in the state of Rhode Island there are many persons who do not have sufficient income and resources to meet the cost of medical care and who, except for income and resource requirements, would be eligible for aid or assistance under § 40-5.1-9 or 40-6-27; and

(b) Whereas, it is in the best interest of all the citizens of this state to promote the welfare of persons with the characteristics of persons eligible to receive public assistance and ensure that they will receive adequate medical care and treatment in time of need;

(c) Now, therefore, it is declared to be the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance under the provisions of § 40-5.1-9 or 40-6-27, and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice. Provided, further, that medical assistance, except as provided in subsection (d), must qualify for federal financial participation pursuant to the provisions of title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as such provisions apply to medically needy only applicants and recipients.

(d) Medical assistance shall be provided under this chapter without regard to the availability of federal financial participation: (1) to a person who does not meet the citizenship or alienage criteria under title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and who was lawfully residing in the United States before August 22, 1996 and who was a resident of this state prior to July 1, 1997; and (2) to a non-citizen child who was lawfully admitted for permanent residence on or after August 22, 1996 or who first becomes otherwise entitled to reside in the United States on or after August 22, 1996 and is receiving medical assistance on or before December 31, 2006; and provided, however, that such person meets all other eligibility requirements under this chapter or under title XIX of the Social Security Act.

SECTION 2. Sections 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter 42-12.3 entitled "Health Care for Children and Pregnant Women” are hereby amended to read as follows:

§ 42-12.3-4. "RIte track" program. -- There is hereby established a payor of last resort program for comprehensive health care for children until they reach nineteen (19) years of age, to be known as "RIte track". The department of human services is hereby authorized to amend its title XIX state plan pursuant to title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to provide for expanded medicaid coverage through expanded family income disregards for children, until they reach nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level; provided, however, that health care coverage under this section shall also be provided without regard to the availability of federal financial participation to a noncitizen child lawfully residing in the United States and to a noncitizen child residing in Rhode Island, provided that the child satisfies all other eligibility requirements and is receiving medical assistance on or before December 31, 2006. The department is further authorized to promulgate any regulations necessary, and in accord with title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to implement the state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved title XIX [42 U.S.C. section 1396 et seq.] state plan amendment.

§ 42-12.3-15. Expansion of RIte track program. -- The Department of Human Services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for expanded medicaid coverage for children until they reach eight (8) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eighteen (18) years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services. Health care coverage under this section shall also be provided without regard to the availability of federal financial participation: (1) to a non-citizen child lawfully residing in the United States provided such child satisfies all other eligibility requirements and is receiving medical assistance on or before December 31, 2006.

SECTION 3. This article shall take effect on December 31, 2006.