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art.010/1
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ARTICLE 10 1
RELATING TO REPRODUCTIVE HEALTHC ARE 2
SECTION 1. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance 3
Benefits" is hereby repealed. 4
36-12-2.1. Health insurance benefits -- Coverage for abortions excluded. 5
(a) The state of Rhode Island shall not include in any health insurance contracts, plans, or 6
policies covering employees, any provision which shall provide coverage for induced abortions 7
(except where the life of the mother would be endangered if the fetus were carried to term, or where 8
the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans 9
or policies of: 10
(1) All health insurers subject to title 27; 11
(2) All group and blanket health insurers subject to title 27; 12
(3) All nonprofit hospital, medical, surgical, dental, and health service corporations; 13
(4) All health maintenance organizations; and 14
(5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage 15
against accidental death or injury when the benefits or coverage are incidental to or part of other 16
insurance authorized by the statutes of this state. 17
(b) Provided, however, that the provisions of this section shall not apply to benefits 18
provided under existing collective bargaining agreements entered into prior to June 30, 1982. 19
(c) Nothing contained herein shall be construed to pertain to insurance coverage for 20
complications as the result of an abortion. 21
SECTION 2. Chapter 42-12.3-3 of the General Laws in Chapter 42-12 entitled “Health 22
Care for Children and Pregnant Women” is hereby amended to read as follows: 23
42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. 24
(a) The secretary of the executive office of health and human services is authorized to 25
amend its Title XIX state plan pursuant to Title XIX of the Social Security Act to provide Medicaid 26
coverage and to amend its Title XXI state plan pursuant to Title XXI of the Social Security Act to 27
provide medical assistance coverage through expanded family income disregards for pregnant 28
women persons whose family income levels are between one hundred eighty-five percent (185%) 29
and two hundred fifty percent (250%) of the federal poverty level. The department is further 30
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RELATING TO REPRODUCTIVE HEALTHCARE
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authorized to promulgate any regulations necessary and in accord with Title XIX [42 U.S.C. § 1396 1
et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act necessary in order to 2
implement said state plan amendment. The services provided shall be in accord with Title XIX [42 3
U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act. 4
(b) The secretary of health and human services is authorized and directed to establish a 5
payor of last resort program to cover prenatal, delivery and postpartum care. The program shall 6
cover the cost of maternity care for any woman person who lacks health insurance coverage for 7
maternity care and who is not eligible for medical assistance under Title XIX [42 U.S.C. § 1396 et 8
seq.] and Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security Act including, but not limited 9
to, a noncitizen pregnant woman person lawfully admitted for permanent residence on or after 10
August 22, 1996, without regard to the availability of federal financial participation, provided such 11
pregnant woman person satisfies all other eligibility requirements. The secretary shall promulgate 12
regulations to implement this program. Such regulations shall include specific eligibility criteria; 13
the scope of services to be covered; procedures for administration and service delivery; referrals 14
for non-covered services; outreach; and public education. Excluded services under this subsection 15
will include, but not be limited to, induced abortion except in cases of rape or incest or to save the 16
life of the pregnant individual. 17
(c) The secretary of health and human services may enter into cooperative agreements with 18
the department of health and/or other state agencies to provide services to individuals eligible for 19
services under subsections (a) and (b) above. 20
(d) The following services shall be provided through the program: 21
(1) Ante-partum and postpartum care; 22
(2) Delivery; 23
(3) Cesarean section; 24
(4) Newborn hospital care; 25
(5) Inpatient transportation from one hospital to another when authorized by a medical 26
provider; and 27
(6) Prescription medications and laboratory tests. 28
(e) The secretary of health and human services shall provide enhanced services, as 29
appropriate, to pregnant women persons as defined in subsections (a) and (b), as well as to other 30
pregnant women persons eligible for medical assistance. These services shall include: care 31
coordination; nutrition and social service counseling; high-risk obstetrical care; childbirth and 32
parenting preparation programs; smoking cessation programs; outpatient counseling for drug-33
alcohol use; interpreter services; mental health services; and home visitation. The provision of 34
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enhanced services is subject to available appropriations. In the event that appropriations are not 1
adequate for the provision of these services, the executive office has the authority to limit the 2
amount, scope, and duration of these enhanced services. 3
(f) The executive office of health and human services shall provide for extended family 4
planning services for up to twenty-four (24) months postpartum. These services shall be available 5
to women persons who have been determined eligible for RIte Start or for medical assistance under 6
Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [42 U.S.C. § 1397aa et seq.] of the Social Security 7
Act. 8
(g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or 9
for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant 10
(including during a period of retroactive eligibility), are eligible for full Medicaid benefits through 11
the last day of the month in which their twelve-month (12) postpartum period ends. This benefit 12
will be provided to eligible Rhode Island residents without regard to the availability of federal 13
financial participation. The executive office of health and human services is directed to ensure that 14
federal financial participation is used to the maximum extent allowable to provide coverage 15
pursuant to this section, and that state-only funds will be used only if federal financial participation 16
is not available. 17
(h) Any person eligible for services under subsections (a) and (b) of this section, or 18
otherwise eligible for medical assistance under title XIX [42 U.S.C. 1396 et seq.] and title XXI [42 19
U.S.C. 1397aa et seq.] of the Social Security Act, shall also be entitled to services for any 20
termination of pregnancy permitted under 23-4.130-2; provided, however, that no federal funds 21
shall be used to pay for such services, except as authorized under federal law. 22
SECTION 3: This article shall take effect upon passage. 23