2020 -- H 7618 | |
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LC003867 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - EQUALITY IN ABORTION | |
COVERAGE | |
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Introduced By: Representatives Cassar, Lyle, Craven, Ajello, and Knight | |
Date Introduced: February 14, 2020 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. The general assembly hereby finds and declares that: |
2 | 1. In enacting the Reproductive Privacy Act in 2019, the general assembly recognized the |
3 | importance of protecting a person's right to reproductive health care. However, exercising that |
4 | right can be illusory for people of limited financial means. |
5 | 2. Funding restrictions on abortion coverage interfere with an individual's personal |
6 | decision-making, with their health and well-being, and with their constitutionally protected right |
7 | to a safe and legal medical procedure. |
8 | 3. Restrictions on abortion coverage have a disproportionate impact on low-income |
9 | residents, immigrants, people of color, and young people who are already disadvantaged in their |
10 | access to the resources, information, and services necessary to prevent an unintended pregnancy |
11 | or to carry a health pregnancy to term. |
12 | 4. Numerous other states provide abortion coverage in their Medicaid programs and in |
13 | their state employee insurance plans. |
14 | 5. The purpose of this legislation is to promote equity in access to reproductive health |
15 | care. |
16 | SECTION 2. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance |
17 | Benefits" is hereby repealed. |
18 | 36-12-2.1. Health insurance benefits -- Coverage for abortions excluded. |
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1 | (a) The state of Rhode Island shall not include in any health insurance contracts, plans, or |
2 | policies covering employees, any provision which shall provide coverage for induced abortions |
3 | (except where the life of the mother would be endangered if the fetus were carried to term, or |
4 | where the pregnancy resulted from rape or incest). This section shall be applicable to all |
5 | contracts, plans or policies of: |
6 | (1) All health insurers subject to title 27; |
7 | (2) All group and blanket health insurers subject to title 27; |
8 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; |
9 | (4) All health maintenance organizations; and |
10 | (5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage |
11 | against accidental death or injury when the benefits or coverage are incidental to or part of other |
12 | insurance authorized by the statutes of this state. |
13 | (b) Provided, however, that the provisions of this section shall not apply to benefits |
14 | provided under existing collective bargaining agreements entered into prior to June 30, 1982. |
15 | (c) Nothing contained herein shall be construed to pertain to insurance coverage for |
16 | complications as the result of an abortion. |
17 | SECTION 3. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health |
18 | Care for Children and Pregnant Women" is hereby amended to read as follows: |
19 | 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. |
20 | (a) The director of the department of human services is authorized to amend its title XIX |
21 | state plan pursuant to title XIX of the Social Security Act to provide Medicaid coverage and to |
22 | amend its title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical |
23 | assistance coverage through expanded family income disregards for pregnant women persons |
24 | whose family income levels are between one hundred eighty-five percent (185%) and two |
25 | hundred fifty percent (250%) of the federal poverty level. The department is further authorized to |
26 | promulgate any regulations necessary and in accord with title XIX [42 U.S.C. § 1396 et seq.] and |
27 | title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act necessary in order to implement |
28 | said state plan amendment. The services provided shall be in accord with title XIX [42 U.S.C. § |
29 | 1396 et seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
30 | (b) The director of the department of human services is authorized and directed to |
31 | establish a payor of last resort program to cover prenatal, delivery and postpartum care. The |
32 | program shall cover the cost of maternity care for any woman person who lacks health insurance |
33 | coverage for maternity care and who is not eligible for medical assistance under title XIX [42 |
34 | U.S.C. § 1396 et seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act |
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1 | including, but not limited to, a non-citizen pregnant woman person lawfully admitted for |
2 | permanent residence on or after August 22, 1996, without regard to the availability of federal |
3 | financial participation, provided such pregnant woman person satisfies all other eligibility |
4 | requirements. The director shall promulgate regulations to implement this program. Such |
5 | regulations shall include specific eligibility criteria; the scope of services to be covered; |
6 | procedures for administration and service delivery; referrals for non-covered services; outreach; |
7 | and public education. Excluded services under this paragraph will include, but not be limited to, |
8 | induced abortion except in cases of rape or incest or to save the life of the pregnant individual. |
9 | (c) The department of human services may enter into cooperative agreements with the |
10 | department of health and/or other state agencies to provide services to individuals eligible for |
11 | services under subsections (a) and (b) above. |
12 | (d) The following services shall be provided through the program: |
13 | (1) Ante-partum and postpartum care; |
14 | (2) Delivery; |
15 | (3) Cesarean section; |
16 | (4) Newborn hospital care; |
17 | (5) Inpatient transportation from one hospital to another when authorized by a medical |
18 | provider; |
19 | (6) Prescription medications and laboratory tests; |
20 | (e) The department of human services shall provide enhanced services, as appropriate, to |
21 | pregnant women persons as defined in subsections (a) and (b), as well as to other pregnant |
22 | women persons eligible for medical assistance. These services shall include: care coordination, |
23 | nutrition and social service counseling, high risk obstetrical care, childbirth and parenting |
24 | preparation programs, smoking cessation programs, outpatient counseling for drug-alcohol use, |
25 | interpreter services, mental health services, and home visitation. The provision of enhanced |
26 | services is subject to available appropriations. In the event that appropriations are not adequate |
27 | for the provision of these services, the department has the authority to limit the amount, scope and |
28 | duration of these enhanced services. |
29 | (f) The department of human services shall provide for extended family planning services |
30 | for up to twenty-four (24) months postpartum. These services shall be available to women |
31 | persons who have been determined eligible for RIte Start or for medical assistance under title |
32 | XIX [42 U.S.C. § 1396 et seq.] or title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
33 | (g) Any person eligible for services under subsections (a) and (b) of this section, or |
34 | otherwise eligible for medical assistance under title XIX [42 U.S.C. § 1396 et seq.] and title XXI |
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1 | [42 U.S.C. § 1397 et seq.] of the Social Security Act, shall also be entitled to services for any |
2 | termination of pregnancy permitted under § 23-4.13-2; provided, however, that no federal funds |
3 | shall be used to pay for such services, except as authorized under federal law. |
4 | SECTION 4. This act shall take effect upon passage. |
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LC003867 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - EQUALITY IN ABORTION | |
COVERAGE | |
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1 | This act would provide for abortion coverage in the Medicaid program and repeal the |
2 | abortion coverage exclusion for state employee insurance plans. |
3 | This act would take effect upon passage. |
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LC003867 | |
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