Rhode Island 2023 Regular Session

Rhode Island House Bill H5006 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5006
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7	7	LC000149
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR
16	16	CHILDREN AND PREGNAN T WOMEN -- EQUALITY IN ABORTION COVERAGE
17	17	Introduced By: Representatives Kazarian, Felix, Ajello, Alzate, Blazejewski, Fogarty,
18	18	McEntee, Knight, Giraldo, and Carson
19	19	Date Introduced: January 06, 2023
20	20	Referred To: House Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Legislative findings. The general assembly hereby finds and declares that: 1
25	25	(1) In enacting the Reproductive Privacy Act in 2019, the general assembly recognized the 2
26	26	importance of protecting a person's right to reproductive health care. However, exercising that right 3
27	27	can be illusory for people of limited financial means. 4
28	28	(2) Funding restrictions on abortion coverage interfere with an individual's personal 5
29	29	decision-making, with their health and well-being, and with their constitutionally protected right to 6
30	30	a safe and legal medical procedure. 7
31	31	(3) Restrictions on abortion coverage have a disproportionate impact on low-income 8
32	32	residents, immigrants, people of color, and young people who are already disadvantaged in their 9
33	33	access to the resources, information, and services necessary to prevent an unintended pregnancy or 10
34	34	to carry a health pregnancy to term. 11
35	35	(4) Numerous other states provide abortion coverage in their Medicaid programs and in 12
36	36	their state employee insurance plans. 13
37	37	(5) The purpose of this legislation is to promote equity in access to reproductive health 14
38	38	care. 15
39	39	SECTION 2. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health 16
40	40	Care for Children and Pregnant Women" is hereby amended to read as follows: 17
41	41	42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. 18
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45	45	(a) The secretary of the executive office of health and human services is authorized to 1
46	46	amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid 2
47	47	coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to 3
48	48	provide medical assistance coverage through expanded family income disregards for pregnant 4
49	49	women persons whose family income levels are between one hundred eighty-five percent (185%) 5
50	50	and two hundred fifty percent (250%) of the federal poverty level. The department is further 6
51	51	authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396 7
52	52	et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to 8
53	53	implement said state plan amendment. The services provided shall be in accord with Title XIX [42 9
54	54	U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act. 10
55	55	(b) The secretary of health and human services is authorized and directed to establish a 11
56	56	payor of last resort program to cover prenatal, delivery and postpartum care. The program shall 12
57	57	cover the cost of maternity care for any woman person who lacks health insurance coverage for 13
58	58	maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et 14
59	59	seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited 15
60	60	to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or after 16
61	61	August 22, 1996, without regard to the availability of federal financial participation, provided such 17
62	62	pregnant woman person satisfies all other eligibility requirements. The secretary shall promulgate 18
63	63	regulations to implement this program. Such regulations shall include specific eligibility criteria; 19
64	64	the scope of services to be covered; procedures for administration and service delivery; referrals 20
65	65	for non-covered services; outreach; and public education. Excluded services under this subsection 21
66	66	will include, but not be limited to, induced abortion except in cases of rape or incest or to save the 22
67	67	life of the pregnant individual. 23
68	68	(c) The secretary of health and human services may enter into cooperative agreements with 24
69	69	the department of health and/or other state agencies to provide services to individuals eligible for 25
70	70	services under subsections (a) and (b) above. 26
71	71	(d) The following services shall be provided through the program: 27
72	72	(1) Ante-partum and postpartum care; 28
73	73	(2) Delivery; 29
74	74	(3) Cesarean section; 30
75	75	(4) Newborn hospital care; 31
76	76	(5) Inpatient transportation from one hospital to another when authorized by a medical 32
77	77	provider; and 33
78	78	(6) Prescription medications and laboratory tests. 34
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82	82	(e) The secretary of health and human services shall provide enhanced services, as 1
83	83	appropriate, to pregnant women persons as defined in subsections (a) and (b), as well as to other 2
84	84	pregnant women persons eligible for medical assistance. These services shall include: care 3
85	85	coordination; nutrition and social service counseling; high-risk obstetrical care; childbirth and 4
86	86	parenting preparation programs; smoking cessation programs; outpatient counseling for drug-5
87	87	alcohol use; interpreter services; mental health services; and home visitation. The provision of 6
88	88	enhanced services is subject to available appropriations. In the event that appropriations are not 7
89	89	adequate for the provision of these services, the executive office has the authority to limit the 8
90	90	amount, scope, and duration of these enhanced services. 9
91	91	(f) The executive office of health and human services shall provide for extended family 10
92	92	planning services for up to twenty-four (24) months postpartum. These services shall be available 11
93	93	to women persons who have been determined eligible for RIte Start or for medical assistance under 12
94	94	Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security 13
95	95	Act. 14
96	96	(g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or 15
97	97	for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant 16
98	98	(including during a period of retroactive eligibility), are eligible for full Medicaid benefits through 17
99	99	the last day of the month in which their twelve-month (12) postpartum period ends. This benefit 18
100	100	will be provided to eligible Rhode Island residents without regard to the availability of federal 19
101	101	financial participation. The executive office of health and human services is directed to ensure that 20
102	102	federal financial participation is used to the maximum extent allowable to provide coverage 21
103	103	pursuant to this section, and that state-only funds will be used only if federal financial participation 22
104	104	is not available. 23
105	105	(h) Any person eligible for services under subsections (a) and (b) of this section, or 24
106	106	otherwise eligible for medical assistance under title XIX [42 U.S.C. § 1396 et seq.] and title XXI 25
107	107	[42 U.S.C. § 1397aa et seq.] of the Social Security Act, shall also be entitled to services for any 26
108	108	termination of pregnancy permitted under § 23-4.13-2; provided, however, that no federal funds 27
109	109	shall be used to pay for such services, except as authorized under federal law. 28
110	110	SECTION 3. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance 29
111	111	Benefits" is hereby repealed. 30
112	112	36-12-2.1. Health insurance benefits — Coverage for abortions excluded. 31
113	113	(a) The state of Rhode Island shall not include in any health insurance contracts, plans, or 32
114	114	policies covering employees, any provision which shall provide coverage for induced abortions 33
115	115	(except where the life of the mother would be endangered if the fetus were carried to term, or where 34
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119	119	the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans 1
120	120	or policies of: 2
121	121	(1) All health insurers subject to title 27; 3
122	122	(2) All group and blanket health insurers subject to title 27; 4
123	123	(3) All nonprofit hospital, medical, surgical, dental, and health service corporations; 5
124	124	(4) All health maintenance organizations; and 6
125	125	(5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage 7
126	126	against accidental death or injury when the benefits or coverage are incidental to or part of other 8
127	127	insurance authorized by the statutes of this state. 9
128	128	(b) Provided, however, that the provisions of this section shall not apply to benefits 10
129	129	provided under existing collective bargaining agreements entered into prior to June 30, 1982. 11
130	130	(c) Nothing contained herein shall be construed to pertain to insurance coverage for 12
131	131	complications as the result of an abortion. 13
132	132	SECTION 4. This act shall take effect upon passage. 14
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139	139	EXPLANATION
140	140	BY THE LEGISLATIVE COUNCIL
141	141	OF
142	142	A N A C T
143	143	RELATING TO STATE AFFAIRS AND GOVERNMENT -- HEALTH CARE FOR
144	144	CHILDREN AND PREGNAN T WOMEN -- EQUALITY IN ABORTION COVERAGE
145	145	***
146	146	This act would provide for abortion coverage in the Medicaid program and repeal the 1
147	147	abortion coverage exclusion for state employee insurance plans. 2
148	148	This act would take effect upon passage. 3
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