Chapter 099
2019 -- H 5401
Enacted 07/08/2019

A N   A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE HEALTH CARE SERVICES FUNDING PLAN ACT

Introduced By: Representatives Bennett, Edwards, Solomon, and Diaz
Date Introduced: February 14, 2019

It is enacted by the General Assembly as follows:
     SECTION 1. Section 42-7.4-2 of the General Laws in Chapter 42-7.4 entitled "The
Health Care Services Funding Plan Act" is hereby amended to read as follows:
     42-7.4-2. Definitions.
     The following words and phrases as used in this chapter shall have the following
meaning:
     (1)(5) "Secretary" means the secretary of health and human services.
     (2)(3)(i) "Insurer" means all persons offering, administering, and/or insuring healthcare
services, including, but not limited to:
     (A) Policies of accident and sickness insurance, as defined by chapter 18 of title 27:
     (B) Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title
27;
     (C) Any person whose primary function is to provide diagnostic, therapeutic, or
preventive services to a defined population on the basis of a periodic premium;
     (D) All domestic, foreign, or alien insurance companies, mutual associations, and
organizations;
     (E) Health maintenance organizations, as defined by chapter 41 of title 27;
     (F) All persons providing health benefits coverage on a self-insurance basis;
     (G) All third-party administrators described in chapter 20.7 of title 27; and
     (H) All persons providing health benefit coverage under Title XIX of the Social Security
Act (Medicaid) as a Medicaid managed care organization offering managed Medicaid.
     (ii) "Insurer" shall not include any nonprofit dental service corporation as defined in § 27-
20.1-2, nor any insurer offering only those coverages described in § 42-7.4-14.
     (3)(1)(i) "Contribution enrollee" means an individual residing in this state, with respect to
whom an insurer administers, provides, pays for, insures, or covers health-care healthcare
services, unless excepted by this section.
     (ii) "Contribution enrollee" shall not include an individual whose healthcare services are
paid or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy
as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1), or Medicare
managed care policy, the federal employees' health benefit program, Tricare, CHAMPUS, the
Veterans' healthcare program, the Indian health service program, or any local governmental
corporation, district, or agency providing health benefits coverage on a self-insured basis;
     (iii) Delayed applicability for state employees, retirees, and dependents and not-for-profit
healthcare corporations. An individual whose healthcare services are paid or reimbursed by the
state of Rhode Island pursuant to chapter 12 of title 36 or a not-for-profit healthcare corporation
that controls or operates hospitals licensed under chapter 17 of title 23 or a not-for-profit
healthcare corporation that controls or operates hospitals licensed under chapter 17 of title 23, and
facilities and programs providing rehabilitation, psychological support, and social guidance to
individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental
disabilities or cognitive disabilities, such as brain injury, licensed under chapter 24 of title 40.1
shall not be treated as a "contribution enrollee" until July 1, 2016.
     (4) "Person" means any individual, corporation, company, association, partnership,
limited liability company, firm, state governmental corporations, districts, and agencies, joint
stock associations, trusts, and the legal successor thereof.
     (5)(2) "Healthcare services funding contribution" means per capita amount each
contributing insurer must contribute to support the programs funded by the method established
under this section, with respect to each contribution enrollee; provided, however, that, with
respect to an insurer that is a Medicaid managed care organization offering managed Medicaid,
the healthcare funding services contribution for any contribution enrollee whose healthcare
services are paid or reimbursed under Title XIX of the Social Security Act (Medicaid) shall not
include the children's health services funding requirement described in § 42-12-29.
     SECTION 2. This act shall take effect upon passage.
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LC001398
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