TITLE 40
Human services

CHAPTER 40-8
Medical Assistance

SECTION 40-8-1


§ 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 such medical assistance, 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 provided, however, that such person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.

(e) Medical assistance shall also be provided under this chapter 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; provided, however, that such person meets all other eligibility requirements under this chapter or under Title XIX or Title XXI of the Social Security Act.

History of Section.
(P.L. 1966, ch. 266, § 2; G.L. 1956, § 40-10.1-1; Reorg. Plan No. 1, 1970; P.L. 1983, ch. 3, art. 3, § 1; P.L. 1983, ch. 167, art. 18, § 1; P.L. 1989, ch. 53, § 1; P.L. 1996, ch. 129, § 19; P.L. 1996, ch. 131, § 19; P.L. 1996, ch. 132, § 19; P.L. 1996, ch. 133, § 19; P.L. 1997, ch. 30, art. 34, § 5; P.L. 2006, ch. 246, art. 40, § 1; P.L. 2007, ch. 73, art. 18, § 7; P.L. 2008, ch. 9, art. 10, § 1; P.L. 2009, ch. 68, art. 23, § 3.)